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Diane E. Lifton

Partner

New York City

+1 (212) 837-6860

diane.lifton@hugheshubbard.com
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“Diane E. Lifton”

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Diane E. Lifton, ranked by The Legal 500 United States as one of the top product liability and mass tort defense lawyers (pharmaceuticals and medical devices), is Co-Chair of Hughes Hubbard's Life Sciences and Product Liability Groups. Ms. Lifton is also the Co-Chair of Hughes Hubbard’s Hiring and Diversity Committees.

In her roles as Co-Chair of the Product Liability Group and a member of the litigation department, Ms. Lifton has represented a broad spectrum of product manufacturers in the coordination and trial of high stakes pharmaceutical, medical device, and toxic tort product liability, patent, and commercial litigations. In addition, Ms. Lifton has handled numerous cases involving asbestos exposure, tobacco, and a variety of industrial products. She has extensive experience developing medical and scientific experts — and successfully challenging  the opponent’s experts — in a broad range of  fields, including  pharmacology, toxicology, oncology, pathology, gastroenterology, dermatology, neurology, rheumatology, cardiology, psychiatry, pulmonology,  materials science, and FDA regulations.

As Co-Chair of Hughes Hubbard’s Life Sciences Group, Ms. Lifton develops and serves on cross-disciplinary HHR teams that support the business goals of the firm’s pharmaceutical, medical device, and biotechnology clients. With more than 25 years of experience, Ms. Lifton has counseled clients throughout the life cycle of their businesses and their products, evaluating existing internal company policies and developing new ones, collaborating in the evaluation and updating of compliance programs, supporting clinical trial programs through the drafting and negotiation of clinical research and indemnification agreements, reviewing contracts and sales and marketing material accompanying product launch, assessing the impact of social media on product safety surveillance, conducting due diligence associated with the licensing and acquisition of pharmaceuticals and medical devices, and performing pre-litigation risk management and training. Cross-disciplinary teams provide client support in a host of areas, including in the identification of potential new areas of product investment through market research and analysis; in the acquisition of intellectual property, product lines and target companies through M&A, joint ventures and licensing deals; in the litigation and arbitration of disputes arising out of such collaborations; in the prevention and investigation of compliance-related issues; and in the assessment of export controls.

Ms. Lifton advocates for changes in local and federal laws affecting product manufacturers in her frequent lectures and publications and through her membership on the Legal Advisory Board of the New Jersey Institute for Civil Justice. Areas of reform she has addressed that are critical to reduction of mass litigation against industry include bringing state evidentiary standards applicable to the admissibility of scientific opinions in line with federal Daubert principles, reducing the reach of state consumer fraud statutes, reduction of exposure to punitive damages, and federal preemption of state law claims. 

Professional Activities

  • Member, Defense Research Institute Drug and Medical Device Committee
  • Member, Legal Advisory Board, New Jersey Institute for Civil Justice
  • Member, New Jersey Defense Association
  • Served as adjunct professor of medical device law, Seton Hall University School of Law, Health Law and Policy Program, 2003 – 2004

Previous Experience

  • Judicial Clerk, the Honorable Jerry Buchmeyer, Chief Judge, United States District Court for the Northern District of Texas, 1990 – 1991

Recognition

  • Named by Profiles in Diversity Journal as a Diversity Leader (2019)
  • Named in Chambers as a Recognized Practitioner in Nationwide Product Liability and Mass Torts.   
  • Ranked by The Legal 500 United States as one of the top product liability and mass tort defense lawyers (pharmaceuticals and medical devices)
  • Selected for The Best Lawyers in America in the specialty of Mass Tort Litigation/Class Actions (2013 – 2017) and Product Liability Litigation (2017)
  • Named by Super Lawyers as a "Top Attorney in New York" (2007 – 2013) and a "Top Attorney in New Jersey" (2006 – 2010)
  • Named by New York Super Lawyers as one of the "Top Women Attorneys in the New York Metro Area" (2012)
  • Recognized by the International Who's Who of Life Sciences Lawyers
  • Recipient of the YWCA Tribute to Women and Industry (TWIN) award, and the Healthcare Businesswomen's Association Rising Star award

Quotes & Interviews

  • Quoted in “Punitive Awards Test DuPont's Plan To Shed Cancer Liabilities,” Law360, January 23, 2017
  • Quoted in “Huge Verdicts Won't Spur Settlement Talks In J&J Hip MDL,” Law360, December 2, 2016
  • Quoted in “Trial-Light GM Bellwethers Bear Fruit For Ignition MDL Deal,” Law360, September 6, 2016
  • Quoted in “Debt Collector Sued Over Tactics,”  The Wall Street Journal,  May 23, 2013
  • Quoted in “Pfizer Deal Marks A Missed Chance For Branded-Drug Cos.,” Law360, March 11, 2013
  • Quoted in “Bayer, Pressed to Settle a Flood of Suits Over Drug, Fights Back,” The Wall Street Journal, May 3, 2004

Speaking Engagements

  • Moderator, Women Leaders in Life Sciences Law, "I Wish Someone Had Told Me: Advice from Life Sciences General Counsel on Embracing Influence and Power and Running a Successful Legal Department," American Conference Institute, Boston, MA, July 27-29, 2016
  • Co-speaker, American Conference Institute (ACI) Forum on Promotional Review Compliance for Drugs and Devices, "Proactively Structuring Your Promotional Review Systems by Identifying New Drug and Device Litigation Trends," American Conference Institute, Philadelphia, PA, Jan. 11-13, 2016
  • Moderator, Women Leaders in Life Sciences Law, "I Wish Someone Had Told Me: Advice from Life Sciences General Counsel on Embracing Influence and Power and Running a Successful Legal Department," American Conference Institute, Boston, MA, July 23-24, 2015
  • Moderator, 19th Annual Drug and Medical Litigation, "View from the General Counsel's Office: Limiting Liability and Managing and Reducing Costs in Drug and Med Litigation," American Conference Institute, New York, NY, Dec. 8-10, 2014
  • Moderator, Women Leaders in Life Sciences Law, "I Wish Someone Had Told Me: Advice from Life Sciences General Counsel on Embracing Influence and Power and Running a Successful Legal Department," American Conference Institute, Boston, MA, July 28-29, 2014
  • Moderator and Panelist, 16th Annual Drug and Medical Litigation, "Diversity: What Are Corporate Counsel Looking For and Has It Fallen By the Wayside," American Conference Institute, New York, NY, Dec. 5-7, 2011
  • Moderator, 15th Annual Drug and Medical Litigation, "Alternative Litigation Strategies and Models Directed at Reducing Legal Costs," American Conference Institute, New York, NY, Dec. 7-9, 2010
  • Panelist, 13th Annual Drug and Medical Device Litigation, Expert Strategies for Leading Litigators and In-House Counsel, "Reducing and Managing Costs Associated with Product Liability Litigation," American Conference Institute, New York, NY, Dec. 9-11, 2008
  • Panelist, Third Annual Biotech Institute and Regional Continuing Legal Education (CLE) Workshop, Section of Litigation of the American Bar Association, "Negotiating an Effective Clinical Trial Agreement and Limiting Litigation Exposure," Rockville, MD, Oct. 8, 2008
  • Panelist, Third Legal and Regulatory Forum on Conducting International Clinical Trials, "The Integrity of the Process: Securing Valid Informed Consent and Ensuring That Trials Are Conducted in an Ethical Manner," Boston, MA, Sept. 25, 2008
  • Speaker, 10th National Conference on Managing Risks in Structuring and Conducting Clinical Trials, "Negotiating Risk Allocation with Limitation of Liability, Indemnification and Insurance Provision," Boston, MA, Sept. 23, 2008
  • Panelist, Gibbons Women's Initiative and New Jersey Corporate Counsel Association, "The Changing Face of the Workforce - Attracting and Retaining Women at All Levels and Across Generations," Morristown, NJ, June 5, 2008
  • Speaker, 12th Annual Drug and Medical Device Litigation, Expert Strategies for Leading Litigators and In-House Counsel, "Controlling the Uncontrollable: How Recent Drug Safety Legislation and Tort Reform Will Affect Products Liability Risk (Punitive Damages)," American Conference Institute, New York, NY, Dec. 12-14, 2007
  • Co-speaker, 11th Annual Drug and Medical Device Litigation, "Mastering Procedural Trends in Multidistrict Litigation (MDL), Class Action Fairness Act (CAFA), and State Court Consolidated Proceedings," New York, NY, Dec. 14-15, 2006
  • Co-chair and speaker, DIA Workshop – Are Your Intellectual Assets at Risk? "Drilling Down to the Common Denominator: Tips for Ensuring that Your Policies and Procedures for Data and Document Management Minimize Litigation Risks," Baltimore, MD, Dec. 4-5, 2006
  • Program Speaker Preemption, Drug and Medical Device Litigation, Expert Strategies for Leading Litigators on the FDA and In-House Counsel, American Conference Institute, Chicago, IL, June 29-30, 2006
  • Co-speaker with Sheila Birnbaum on the Class Action Fairness Act, Tenth Annual Program on Advanced Issues in Drug and Medical Device Litigation, American Conference Institute, New York, NY, Dec. 13-14, 2005
  • Co-chair, program moderator, and speaker on Tort Reform and Protective Orders, Ninth Annual Program on Advanced Issues in Drug and Medical Device Litigation, American Conference Institute, New York, NY, Dec. 12-14, 2004; Co-speaker with Allen Waxman of Pfizer on tort reform. Speaker, workshop on Protective Orders
  • Program moderator on The Rise of Preemption, American Bar Association Annual Regional Meeting on Current Issues in Pharmaceutical Litigation and Policy, Nov. 8, 2004
  • Co-chair, program moderator and speaker, Ninth Annual Program on Advanced Issues in Drug and Medical Device Litigation, American Conference Institute, New York, NY, Dec. 12-14, 2004, Co-speaker with Allen Waxman of Pfizer on Tort Reform. Speaker, workshop on Protective Orders

Highlighted Publications

  • Lifton, Diane E. and Julie Amadeo, “INSIGHT: Effective Use of BMS Ruling to Halt Discovery Against Pharma, Medical Device Firms,”  Bloomberg Law, 2018
  • "FDA Memo Does Not Simplify 1st Amendment Considerations," Law360, January 30, 2017
  • “Seufert v. Merck and Cerveny v. Aventis The Intersection of Science And Federal Preemption in Pharmaceutical Product Liability Litigation,” Bloomberg BNA: Product Safety and Liability Reporter, September 19, 2016
  • "Q&A With Hughes Hubbard’s Diane Lifton," Law360, March 25, 2013 
  • "Dobbs V. Wyeth: Are We There Yet, And At What Cost?" Law360, November 15, 2012
  • "Inside the Minds: Food, Beverage and Drug Law Client Strategies, Pharmaceutical and Medical Device Product Liability Litigation: Changing Strategies in the Mass Tort Era," Aspatore Books, 2008
  • Lifton, Diane E. and Michelle M. Bufano, "The Foreign Plaintiff," New Jersey Law Journal, December. 17, 2007
  • "The FDA's 'Enhanced' Post-Marketing Safety Surveillance Authority Under The Food and Drug Administration (FDA) Amendments Act of 2007: A Litigation Sword or Shield?" Pharma Advisor, October 9, 2007
  • Lifton, Diane E. and Michelle M. Bufano, "A Call for Continued State Law Tort Reform – Compliance with FDA Regulations As a Bar to Pharmaceutical Product Liability Litigation," Law Journal Newsletters, Pharmaceutical and Medical Devices, March 2004
  • "Clinical Trials: Strategies for Sponsor Manufacturers to Minimize the Risk of Litigation," Pharma Advisor, July 1, 2002

Court Admissions

  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States District Court for the Northern District of New York
  • United States District Court for the Western District of New York
  • United States District Court for the District of New Jersey
  • United States District Court for the Northern District of California
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Fourth Circuit
  • United States District Court for the Middle District of Florida
  • United States District Court for the Southern District of Florida
  • State of Florida

Highlighted Matters

  • Selected to try the first New Jersey cases alleging cardiac and stroke injuries in a New Jersey pharmaceutical mass tort litigation with successful resolution of 125 cases after initiation of expert challenges
  • Secured preclusion of plaintiff's sole medical and addiction causation expert under Daubert in a product liability case
  • Selected to try the first case alleging psychiatric injury in a New Jersey pharmaceutical mass tort litigation and won summary judgment pretrial following a Rule 702/703 hearing and exclusion of the plaintiff's sole medical causation expert
  • Tried the first case alleging systemic injury in a New Jersey pharmaceutical mass tort litigation
  • Obtained a directed verdict on punitive damages
  • Obtained a defense verdict on the New Jersey Consumer Fraud Act
  • Secured appellate reversal of a multimillion-dollar plaintiff's verdict
  • Spearheaded successful opposition to the designation of a New Jersey pharmaceutical litigation as a "mass tort"
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Federal Judge Blocks Massachusetts Governor Deval Patrick's Attempts to Limit Access to Potent Opioid Painkiller Zohydro
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Education
  • University of Michigan Law School, J.D.
  • Cornell University, B.A.
Bar Admissions
  • Florida, 2011
  • New Jersey, 2001
  • New York, 1992
Areas of Focus
Life Sciences
Patent, Trademark & Copyright Litigation
Product Liability
Toxic Torts & Environmental

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