Alan Klein

Of Counsel

  • Alan Klein
  • Phone: +1 215 979 1150

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

Alan Klein concentrates his practice in litigation and handles a wide variety of cases with a focus on products liability and toxic torts. Mr. Klein has served as national, regional and local counsel for Fortune 5 to 500 companies and many other clients in a wide variety of cases, including class actions, multi-district litigations, consolidated lawsuits and complex commercial litigation. He has also had extensive experience in both state and federal courts in serving as defense liaison counsel in federal MDLs and in state court consolidations. Among his products liability and commercial cases are those involving brand name and generic pharmaceuticals, biosimilars, over-the-counter medications and diet supplements, and prescription medical and dental devices and equipment. Mr. Klein has frequently counseled generic drug companies on labeling, pharmacovigilance, recalls and other U.S. regulatory issues, licensing, contracts and transactional matters, as well as electronic discovery methods and strategies for the preservation of records as well as in the course of litigation. He is also widely published nationally and internationally on such topics as biosimilars, drug labeling, the federal preemption of products liability claims, and legislation affecting his clients and others in the generic drug industry. Mr. Klein has been an invited speaker at pharma and e-discovery conferences throughout the U.S.

Mr. Klein 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, Mealey's and Ingenious.

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 and Toxic Torts
  • Generic Drugs, Biosimilars and Life Sciences
  • Commercial Litigation

Representative Matters

  • Counsel for pharmaceutical companies in China and India in their acquisition of drug manufacturing facilities in the U.S.

  • Counsel for a major brand and generic drug company in establishing an acceptable, science-based allowable daily limit for nitrosamine in certain of its prescription drug products.

  • Lead counsel for a China-based pharmaceutical manufacturer in the defense of class actions, personal injury cases and regulatory compliance issues emanating from a 22-country recall of a major cardiovascular medication.

  • Defended major brand and generic pharmaceutical manufacturers in failure to warn personal injury litigation in state and federal courts, in both individual and consolidated proceedings.

  • Represented a major China-based generic drug manufacturer and its U.S. affiliates in successfully opposing significant new U.S. tariffs upon medicines and related products.

  • Regional counsel and MDL liaison counsel for fenfluramine manufacturer in diet drug (fen-phen) individual and consolidated cases.

  • Defended 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.

  • Counseled domestic and European product manufacturers on labeling, packaging and warnings issues.

  • Defended a major pharmaceutical manufacturer and its subsidiaries in drug pricing litigation.


  • 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


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


  • Duane Morris LLP, Philadelphia, Pennsylvania
    - Partner, 2003-present
    - Past Coordinating Partner, Current Member, Products Liability and Toxic Torts Practice Group
    - Member, Generic Drugs, Biosimilars and Life Sciences Practice Groups
    - Member, China Practice 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
  • Hearing Committee Member, Disciplinary Board of the Supreme Court of Pennsylvania

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
  • Multicultural Academy Charter School, Philadelphia, Pennsylvania
    - Member, Board of Directors, 2002-2017
    - President, Board of Directors, 2011-2017

Civic and Charitable Activities

  • Philadelphia Diversity Law Group, 2004-2018
  • Leadership Council on Legal Diversity 2015-2019, mentor/mock interviewer
  • Community Legal Services, 1969-1989
  • Volunteer Lawyers for the Arts, 1969-1985
  • Philadelphia Reads/Achieve Now
    - Reading Coach of Philadelphia elementary school students, 1998-present
  • Duane Morris Pro Bono Program, 2013-present
  • University of Pennsylvania Quaker Classic Mock Trial Competition
    - Presiding Judge

  • Drexel/Villanova Law Schools, National Mock Trial Competition
    - Presiding Judge
  • Drexel University and U.C.L.A. Law Schools, “Trial by Combat” Mock Trial Competition, Presiding Judge

Selected Publications

Selected Speaking Engagements

  • Presenter, 2019 China Attorney Tour Study Group, "Case Study: Working with Chinese Companies in the U.S.," New York City, October 4, 2019
  • Speaker, "Innovation Across Borders: Strategies for U.S. and Chinese Companies in the Health Sciences Industry," Duane Morris LLP and Chinese Biopharmaceutical Association (USA), January 8, 2019

  • Moderator, "Upcoming Regulatory Changes and Their Impact on Pharmaceutical Portfolio Management," Pharmaceutical Portfolio Management Optimization Conference, Philadelphia, July 23-24, 2018

  • Moderator and Presenter, Duane Morris' Generic Drugs and Biosimilars Summit, Princeton, New Jersey, 2011, 2012, 2013, 2014, 2015, 2016 and 2017

  • Co-Presenter, "Spoliation Under Amended Federal Rule 37(e): Takeaways for Litigators," Duane Morris LLP, Continuing Legal Education, October 13, 2017
  • Moderator and Presenter, "Ethical Obligations Relating to Metadata," 2017 South Central Information Governance Retreat, San Antonio, TX, May 22, 2017
  • Panelist, "Data Management, Preservation and Production in the 21st Century," Ingenious E-Discovery Conference, Wequasset Resort, Massachusetts, September 25-26, 2016
  • 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