Wendy Feinstein is a seasoned litigator and trial lawyer who works with companies in regulated industries, such as pharmaceutical, medical device, manufacturing, and energy, among others, to develop and execute strategies to address and exit large-scale, high-profile crisis and repetitive litigation. For more than 20 years, she has represented clients in complex disputes including those involving fraud, unfair competition, product liability, intellectual property, mass torts, and false claims. She has tried cases in federal and state courts and before arbitration panels.
With experience in multiple jurisdictions, Wendy works with clients to engage in early assessment of disputes including determining whether the client is a primary liability target, whether the disputed issue is inextricably tied to the client’s brand or core business, and whether regulatory or other action is related to the dispute, among other things. She closely partners with her clients’ legal and business teams to devise efficient and cost-effective strategies to manage litigation at every stage of the dispute, from prelitigation negotiations, evaluating options for early motion practice, and assessing pros and cons of consolidated or coordinated actions to dispositive motion practice, selecting and challenging experts, jury selection, and trial strategy. Wendy guides clients through litigation and trial while minimizing exposure and containing costs to achieve favorable outcomes that align with the client’s business objectives and risk tolerance.
Wendy currently serves with other Morgan Lewis lawyers as national coordinating and trial counsel for opioid manufacturers in federal multidistrict litigation (MDL) and state opioid litigation and in federal MDL generics pricing litigation. She has also served as national counsel in several other MDL and state coordinated litigations and as trial counsel in False Claims Act cases.
A trusted collaborator and advisor in large-scale pharmaceutical litigation, Wendy has served as a key national defense team leader and member in MDLs such as In re National Prescription Opiate Litigation, In re Xarelto (Rivaroxiban) Products Liability Litigation, In re: Mirena IUD Products Liability Litigation,and In re: Yasmin and YAZ (Drospirenone) Marketing, Sales Practices and Products Liability Litigation, and related state coordinated proceedings. Wendy regularly develops key strategies, including motion practice and trial strategies, resulting in favorable resolutions of many cases.
In medical device matters, Wendy’s pretrial strategy and cross-examination of experts have resulted in the exclusion of opposing experts and dismissal of claims through summary judgment. She has also successfully achieved early dismissals of medical device cases on motions to dismiss or early negotiations to resolve matters without protracted litigation. Where matters have gone to verdict, Wendy has achieved a consistently positive track record of success. Her trial experience spans many industries including manufacturing, private equity, and construction, and includes jury and bench trials, arbitrations, injunctions, and Markman hearings throughout the United States.
Wendy is an active member of the International Association of Defense Counsel, Q. Todd Dickinson IP Inn of Court, Allegheny County Bar Association Federal Court Section Council, and Federal Bar Association. She frequently speaks at conferences and CLE events about pharmaceutical and False Claims Act litigation. Wendy also serves on the Investigative Division of the Pennsylvania Bar Association Judicial Evaluation Commission and on a Merit Panel for the US District Court for the Western District of Pennsylvania. She has also served on nonprofit boards.
Wendy currently serves as the managing partner of the firm’s Pittsburgh office.
Global pharmaceutical company in litigation involving pain medication
Global medical device manufacturer in product liability litigation involving dialysis products
Global medical device manufacturer in litigation involving urology devices
Global pharmaceutical company in product liability litigation involving an oral anticoagulant in federal MDL and consolidated state litigation
Global pharmaceutical company in product liability litigation involving an intrauterine system in federal MDL and consolidated state litigation
Manufacturer of fiber reinforcement products in patent and unfair competition litigation
Global pharmaceutical company in product liability litigation involving combined oral contraceptives in multidistrict federal litigation and consolidated state litigation
Global manufacturer of highway products in a trial on False Claims Act violations
Medical device manufacturer in a case asserting trademark and copyright infringement that was favorably resolved shortly after the complaint was filed
Global manufacturer of highway products in patent infringement and unfair competition litigation
Regional company in successful arbitration of a dispute with its former CEO and principal over the terms of an executive employment agreement and purchase agreement
Foreign sovereign in dismissal of litigation brought pursuant to the Foreign Sovereign Immunities Act
Judgment obtained following a bench trial in favor of a company in a dispute over the purchase of regional radio stations
Hotel operating company in trademark and contract litigation resulting in a favorable settlement following discovery
Manufacturer of flow meters for nuclear power plants in litigation with suppliers of parts resulting in a favorable settlement following discovery
Global manufacturer of solar panels in litigation against a manufacturer of specialized plant equipment resulting in a favorable settlement following discovery
Cleveland State University, Cleveland-Marshall College of Law, 1995, J.D.
University of Michigan, 1992, B.A.
US Court of Appeals for the Third Circuit
US Court of Appeals for the Sixth Circuit
US Court of Appeals for the District of Columbia Circuit
US District Court for the Eastern District of Pennsylvania
US District Court for the Western District of Pennsylvania
US District Court for the Eastern District of Michigan
US District Court for the Northern District of Ohio
US District Court for the Southern District of Ohio
Awards and Affiliations
Recognized, Litigation – Intellectual Property, Pittsburgh, The Best Lawyers in America (2020)
Recommended, Dispute resolution: Product liability, mass tort and class action – defense: pharmaceuticals and medical devices, The Legal 500 US (2018, 2020)
Recommended, Dispute resolution: Product liability, mass tort and class action: toxic tort – defense, The Legal 500 US (2018)
Member, Pennsylvania Bar Association
Member, Ohio State Bar Association
Member, Western District of Pennsylvania Local Rules Advisory Committee
Member, Q Todd Dickinson Intellectual Property Inn of Court
Member, International Association of Defense Counsel
Member, Allegheny County Bar Association, Federal Court Section Council
Former member, Board of Trustees, Western Pennsylvania School for the Deaf (2006–2015)
Former member, Board of Directors, Jewish Family & Children’s Service (2007–2013)
Rising Star, Pennsylvania Super Lawyers (2005–2007)
AV® Preeminent rated, Martindale-Hubbell
Recipient, Charles Auerbach Memorial Award for Outstanding Student in the Law of Evidence