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Morgan Lewis
Wendy West Feinstein

Wendy West Feinstein

Partner

wendy.feinstein@morganlewis.com

Pittsburgh Phone +1.412.560.7455 Fax +1.412.560.7001

One Oxford Centre, 32nd Fl.//Pittsburgh, PA 15219-6401//United States

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 25 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.

Most recently, Wendy served as lead trial counsel for Teva Pharmaceuticals and affiliated entities, achieving the first trial defense win in the national opioid litigation. The trial victory came after seven years of litigation and over four months of trial in Orange County, California Superior Court. Wendy and a Morgan Lewis team developed and implemented an aggressive trial defense strategy, obtaining key testimony from plaintiffs and defense witnesses and effectively arguing legal and evidentiary issues. The trial began during the global pandemic and was held entirely by Zoom, highlighting Wendy’s flexibility, creativity, and ability to lead a team and successfully try a large, complicated case under any circumstances and format.

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.

A trusted advisor and collaborator in large-scale pharmaceutical litigation, 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, as well as in federal MDL generics pricing litigation. She has also served as trial counsel in False Claims Act cases and serves and has served as a key national defense team leader in several other MDL and state-coordinated litigations such as In re: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation; In re: Generic Pharmaceuticals Pricing Antitrust Litigation; 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.

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.

Selected Representations

  • Defense judgment obtained in favor of opioid manufacturers in public nuisance and false advertising litigation brought by three counties and a city on behalf of the People of the State of California
  • Global pharmaceutical company in federal and state litigation involving opioid pain medication
  • Global medical device manufacturer in litigation involving CPAP, Bi-PAP, and ventilators
  • Global pharmaceutical company in federal antitrust litigation
  • 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

Awards and Affiliations

Distinguished Leader, The Legal Intelligencer (2022)

Lawyer of the Year, Litigation – Intellectual Property, Pittsburgh, The Best Lawyers in America (2023)

Recognized, Litigation – Intellectual Property, Pittsburgh, The Best Lawyers in America (2020, 2022, 2023)

Recognized, Mass Tort Litigation/Class Actions – Defendants, Pittsburgh, The Best Lawyers in America (2022, 2023)

Recommended, Dispute resolution: Product liability, mass tort and class action – defense: pharmaceuticals and medical devices, The Legal 500 US (2018, 2020–2022)

Recommended, Dispute resolution: Product liability, mass tort and class action: toxic tort – defense, The Legal 500 US (2018)

Trustee, Board of Trustees, The Kiski School (2021–2024)

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

Admissions

  • Pennsylvania
  • Ohio
  • 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

Education

  • Cleveland State University, Cleveland-Marshall College of Law, 1995, J.D.
  • University of Michigan, 1992, B.A.

Sectors

  • Life Sciences

Services

  • Product Liability & Mass Torts
  • Commercial Litigation
  • Intellectual Property Litigation
  • White Collar Litigation & Government Investigations
  • Litigation, Regulation & Investigations
  • Healthcare & Life Sciences Litigation
  • State Attorneys General

Regions

  • North America

Events

12/6/2022 - ACI's 27th Annual Conference on Drug & Medical Device Litigation
12/7/2021 - ACI’S 26th Annual Conference On Drug & Medical Device Litigation
12/8/2020 - ACI's 25th Annual Conference on Drug Medical Device Litigation
12/10/2019 - ACI’s 24th Annual Conference on Drug & Medical Device Litigation
2/28/2019 - Federal Bar Association's 2019 Qui Tam Conference
2/23/2019 - IADC Mid-Year Meeting
11/28/2018 - 23rd Annual ACI Drug & Medical Device Conference
2/27/2018 - Federal Bar Association’s 2018 Qui Tam Conference
9/13/2017 - Doing Business in Western Pennsylvania – Crisis Management and Privacy and Cybersecurity
7/10/2017 - There is No “I” in “Team”: Embracing the Virtual Law Firm

News

1/4/2023 - Adventures in Meaningful Work: Gratitude, Perspective, and Giving Yourself a Break
6/19/2022 - Distinguished Leaders 2022: Wendy West Feinstein, The Legal Intelligencer
5/5/2022 - Morgan Lewis Partners Honored by The Legal Intelligencer in 2022 Professional Excellence Awards
2/9/2022 - Morgan Lewis Trial Win Named Among Daily Journal Top Verdicts for 2021
2/9/2022 - Top Verdicts 2022, Daily Journal
12/20/2021 - Top 10 Most Impressive Defense Verdicts of 2021, Courtroom View Network
11/12/2021 - Podcast: ‘Honest Critique From Mom’: Litigators' Families Helped Hone Virtual Technique in Drug Companies' Major Opioid Trial Win, Legal Speak
11/9/2021 - Morgan Lewis Partner Stars in First Trial Defense Win for Opioid Makers, The WILEF Tribune
11/5/2021 - Litigators of the Week: Huge Win for Drug Company Defendants in California Opioids Trial, The Am Law Litigation Daily
4/30/2021 - Morgan Lewis Lawyers, Professional Staff Named to Law360 2021 Editorial Advisory Boards
7/10/2017 - Morgan Lewis Adds Versatile Litigator to Pittsburgh Office

Publications

7/14/2020 - LawFlash: Staying Within the Legal Lane: Providing Products and Services for COVID-19
7/6/2020 - Staying Within the Legal Lane: Providing Products and Services for COVID-19
6/8/2020 - COVID-19: Reopening Businesses, Potential Personal Injury Theories, and Mitigating Risks