Alan Klein
Partner

Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA

Phone: +1 215 979 1150
Fax: +1 215 689 2741
Email: AKlein@duanemorris.com

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Alan Klein

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Alan Klein concentrates his practice in litigation and handles a wide variety of cases with a focus on products liability and toxic torts. He has served as national, regional and local counsel for Fortune 5 to 500 companies and other clients in a wide variety of cases, including class action antitrust and securities litigation and complex commercial cases. Among the many products and toxic torts cases he has handled are those involving brand and generic pharmaceuticals, over-the-counter drugs, ephedra, medical and dental devices and equipment, asbestos (personal injury and property damage), benzene and other chemicals, plastics, wood products, toxic mold, electronic controls, fire and burglar protection systems, construction materials, power mowers, lawn tractors and landscaping equipment, automobiles, lead-based paint, computers, and both fossil fuel and nuclear powered electrical generating equipment and facilities. Mr. Klein has actively litigated class action and mass tort cases in many MDL and consolidated state court proceedings. He was appointed MDL liaison counsel for a pharmaceutical manufacturer in the diet drug litigation (fen-phen), and defended federal and state court litigation in phenylpropanolamine (PPA) cases. He also counsels clients on electronic discovery and data security and privacy issues.

A past member of the Board of Directors of the Public Interest Law Center of Philadelphia, Mr. Klein has served on its Advisory Board. He is a past Board president of Oak Lane Day School in Blue Bell, Pennsylvania, and current president of the Board of Directors of the Multi-Cultural Academy Charter School in Philadelphia, one of the most successful Title I charter high schools in Pennsylvania, and one of only six designated by the Commonwealth as a "Distinguished Charter School." Mr. Klein is a member of the Defense Research Institute and its Drug and Medical Device Section and Professionalism and Ethics Committee, and is a member of the American, Pennsylvania and Philadelphia bar associations as well as the American, Pennsylvania and Philadelphia Trial Lawyers Associations. He has served as an arbitrator and mediator for the U.S. District Court for the Eastern District of Pennsylvania and as an arbitrator in state court cases in Philadelphia. Mr. Klein has also organized and participated in seminars sponsored by the American Conference Institute, the American Bar Association, the Pennsylvania Bar Institute, IQPC and Mealey's.

Mr. Klein is a graduate of Vanderbilt University School of Law and Drexel Institute of Technology (now Drexel University). Mr. Klein served as a law clerk to the Hon. George Edwards of the U.S. Court of Appeals for the Sixth Circuit.

Areas of Practice

  • Products Liability
  • Toxic Torts
  • Commercial Litigation

Representative Matters

  • Defending major pharmaceutical manufacturers in failure to warn personal injury litigation in state and federal courts, in both individual and consolidated proceedings.
  • Regional counsel and MDL liaison counsel for fenfluramine manufacturer in diet drug (fen-phen) individual and consolidated cases.
  • Defending a former manufacturer of asbestos products in state and federal MDL proceedings as its senior national trial counsel.
  • Regional counsel for a major manufacturer of implantable Class III medical devices in personal injury and death cases in state and federal courts.
  • Counseling domestic and European product manufacturers on labeling, packaging and warnings issues.
  • Defending a major pharmaceutical manufacturer and its subsidiaries in drug pricing litigation.

Admissions

  • Pennsylvania
  • Supreme Court of Pennsylvania
  • Supreme Court of the United States
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Sixth Circuit

Education

  • Vanderbilt University Law School, J.D., 1968
  • Drexel Institute of Technology, B.S., 1965

Experience

  • Duane Morris LLP, Philadelphia, Pennsylvania
    - Partner, 2003-present
    - Past Coordinating Partner, Current Member, Products Liability and Toxic Torts Practice Group
    - Member, ANDA Practice Group
    - Member, China Group
    - Member, E-Discovery Practice Group
  • Hangley Aronchick Segal & Pudlin, Philadelphia, Pennsylvania
    - Shareholder, 1995-2003
  • Cohen, Shapiro, Polisher, Shiekman and Cohen, Philadelphia, Pennsylvania
    - Partner, 1989-1995
  • Drinker, Biddle & Reath, Philadelphia, Pennsylvania
    - Partner, 1977-1988
    - Associate, 1969-1971; 1972-1976
  • Office of the Philadelphia District Attorney
    - Assistant District Attorney, Major Trials Division, 1971-1972
  • United States Court of Appeals for the Sixth Circuit
    - Judicial Clerk, Honorable George Edwards, 1968-1969

Professional Activities

  • Defense Research Institute
    - Drug and Medical Device Committee
    - Lawyers' Professionalism and Ethics Committee
  • American Bar Association
    - Section of Litigation
  • Pennsylvania Bar Association
  • Philadelphia Bar Association
    - Former Member, Fee Disputes Committee
    - Former Member, Civil Rights Committee
    - Former Member, Ethics Committee
  • American Trial Lawyers Association
  • Pennsylvania Trial Lawyers Association
  • Philadelphia Trial Lawyers Association
  • Philadelphia Court of Common Pleas
    - Settlement Master and Arbitrator
  • United States District Court for the Eastern District of Pennsylvania
    - Mediator and Arbitrator
  • Leadership Council in Legal Diversity
    - Diverse Law Student Mentor

Honors and Awards

Board Memberships

  • Public Interest Law Center of Philadelphia
    - Former Board Member
    - Member, Advisory Board, 1990-2000
  • Oak Lane Day School, Blue Bell, Pennsylvania
    - Board President, 1997-2005
  • Multi-Cultural Academy Charter School, Philadelphia, Pennsylvania
    - Member, Board of Directors, 2002-present
    - President, Board of Directors, 2011-present

Civic and Charitable Activities

  • Philadelphia Diversity Law Group, 2004-present
  • Community Legal Services, 1969-1989
  • Volunteer Lawyers for the Arts, 1969-1985
  • Philadelphia Reads
    - Reading Coach, 1998-present

Selected Publications

Selected Speaking Engagements

  • Moderator and Presenter, Duane Morris' Generics Summit, Princeton, New Jersey, 2011, 2012 and 2013
  • Seminar Presentation, "Preparing for Pharmacovigilance, Labeling and Potential Federal Preemption Issues," America Conference Institute's "Orphan Drugs and Rare Diseases: Maximizing Opportunities and Overcoming Stumbling Blocks in the Designation and Development Process," Boston, Massachusetts, November 2012
  • Panelist, "The New Pennsylvania Joint and Several Liability Act," Pennsylvania Bar Institute Conference, Mechanicsburg, Pennsylvania, October 2011
  • Seminar Presentation, "Data Governance: Managing Information for Compliance," IQPC's eDiscovery for Pharma Conference, Philadelphia, October 2011
  • Seminar Presentation, "Defending Generic Pharmaceuticals," American Conference Institute's 14th Annual Drug and Medical Device Litigation Conference, New York, December 2009
  • Seminar Presentation, "Establishing Lack of Causation," American Conference Institute's Annual Conference on "Preventing and Defending Chemical Products Liability Litigation," Chicago, November 2007
  • Panelist, "Subclassing, Bifurcation and Avoiding Individualized Issues Preventing Certification," American Bar Association's "The Future of Class Action Litigation in America," Washington, D.C., October 2007
  • Seminar Presentation, "Hormone Replacement Therapy Litigation Update and Defenses," Mealey's Drug and Medical Device Litigation Conference, La Costa, California, May 2007
  • Panelist, "Confronting the Science Issues in Benzene, Welding Rod and Toxic Tort Cases," American Conference Institute's "Preventing and Defending Chemical Products Liability Litigation" Conference, Chicago, Illinois, October 2006
  • Seminar Presentation, "Privacy Laws and Their Impact on Colleges and Universities," University Risk Management and Insurance Association's "Risk, Recovery and Rewards" Conference, San Antonio, Texas, September 2006
  • Panelist, "Unconventional Wisdom on Products Liability Defense," Insurance Society of Philadelphia CLE Seminar, August 11, 2006
  • Seminar presentation, Mealey's Lexis/Nexis Conference "Defense Strategies in Pharmaceutical Litigation," on "New Age Handling of Mass Torts in the Electronic Era," Laguna Niguel, California, January 2006
  • National webcast on "Coast to Coast" about the Vioxx trials, November 2005