Alden, David B.

Current Employment Position(s)

Partner

Lawyer Overview

Dave Alden's practice focuses on products liability and, in particular, on defending actions involving pharmaceuticals, tobacco, and consumer products in trial and appellate courts around the country. He also has substantial experience defending accounting malpractice, RICO, and securities actions. Dave regularly counsels clients regarding attorney-client privilege and attorney work product protection issues and has defended challenges to such claims in several jurisdictions.

For the last five years, Dave has represented Wyeth as national coordinating counsel in actions relating to Wyeth's prescription antidepressant. That representation has involved, among other things, a month-long jury trial and appeals to the Fifth, Seventh, and Tenth Circuits. For more than 20 years, he has represented R.J. Reynolds Tobacco Company as national coordinating counsel in smoking and health product liability actions, again in trial and appellate courts around the country. For two years, Dave was an in-house attorney for a major accounting firm, where he defended the firm in malpractice, securities, and RICO actions.

Dave has published several articles addressing, among other things, the attorney-client privilege and attorney work product protection. He is coauthor of an article addressing federal preemption of claims relating to medical device preemption that is in press. He also represents inmates seeking DNA testing on a pro bono basis.

Areas of Practice

• Product Liability & Tort Litigation
• e-Discovery
• Pharmaceutical, Medical Device, and Other Health Care Product Liability Litigati

Representative Cases

• R.J. Reynolds challenges claims of privilege and protection based on compelled disclosure
• R.J. Reynolds defends massive RICO case brought by U.S. government against tobacco manufacturers
• R.J. Reynolds obtains affirmation of defense jury verdict on appeal
• R.J. Reynolds obtains defense verdict in RICO jury trial
• R.J. Reynolds obtains dismissal of case on summary judgment
• R.J. Reynolds obtains protective order in connection with SEC subpoena
• R.J. Reynolds obtains voluntary dismissal of ERISA and tort claims by labor union plan
• Wyeth defends against prescription drug product liability action in Nebraska federal court
• Wyeth defends against prescription drug product liability action in Pennsylvania federal court
• Wyeth defends against prescription drug product liability action involving 10 claimants in Pennsylvania federal court
• Wyeth obtains 5th Circuit affirmance of summary judgment entry in products liability action related to prescription antidepressant
• Wyeth wins summary judgment in product liability case involving Effexor
• Wyeth's successful defense verdict affirmed by Seventh Circuit in product liability litigation involving antidepressant Effexor , (2009)

West Practice Categories

Alcoholic Beverages, Apparel, Asbestos, Chemicals & Cosmetics, Firearms, Food & Agricultural Products, Litigation & Appeals, Machinery & Tools, Medical Products & Devices, Motor Vehicle Defects, Pharmaceutical Products, Products Liability Law, Recreational Products, Tobacco

Bar Admissions

• Ohio

Education

• Oberlin College
• U of Michigan - Ann Arbor

Published Works

• Clarifying The Law Of Implied Privilege Waivers, Mealey's Ligitation Report: Discovery, Vol. 6, #6, 2009
• New Federal Rule of Evidence 502 and Possible Litigation Document Review Cost Savings, 2008
• 'One-Way Street' Rulings, Corporate Privilege, The National Law Journal, 2008
• Wither the Privilege for In-House Counsel?, Product Safety & Liability Reporter, Vol. 35, No. 45, 2007
• Deconstructing Desiano: Why the Sixth Circuit Reached the Better Conclusion, coauthor, Product Safety & Liability Reporter, Vol. 34, No. 42, pp. 1061-1063, 2006
• Work Product Doctrine: Protecting Opinions, National Law Journal, 2003
• Privilege Protection: Consulting P.R. Firms, National Law Journal, 2001
• Litigation: Joint Defense Issues, National Law Journal, 2001
• Privilege Issues: Subpoena by Congress, National Law Journal, 2000
• Corporate Law: Defining Privilege, National Law Journal, 1999

Address

North Point
901 Lakeside Avenue
Cleveland, OH 44114-1190

Phones

1.216.586.7121 (Business Phone)

Faxes

1.216.579.0212 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com