One Oxford Centre, 32nd Fl.\\Pittsburgh, PA 15219-6401\\United States
Wendy Feinstein has more than 20 years’ experience litigating a wide range of complex matters in regulated industries, including life sciences, manufacturing, and energy. A versatile trial lawyer, Wendy represents companies in contract disputes, business torts—including fraud, misrepresentation, and unfair competition—product liability and intellectual property disputes, mass torts, and False Claim Act litigation. Wendy currently represents pharmaceutical manufacturers in federal multidistrict litigation (MDL) and state coordinated proceedings.
Wendy is one of the Morgan Lewis team serving as national coordinating counsel for opioid manufacturers in the federal MDL and state opioid litigation. She has tried cases in federal and state court and before arbitration panels. Wendy has served as trial counsel in False Claims Act cases and MDL bellwether trials.
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 the majority of 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, 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.
Selected Representations
Defended a global pharmaceutical company in litigation involving pain medication.
Defended a global medical device manufacturer in product liability litigation involving dialysis products.
Defended a global medical device manufacturer in litigation involving urology devices.
Defended a global pharmaceutical company in product liability litigation involving an oral anticoagulant in multidistrict federal litigation and consolidated state litigation.
Defended a global pharmaceutical company in product liability litigation involving an intrauterine system in multidistrict federal litigation and consolidated state litigation.
Represented a manufacturer of fiber reinforcement products in patent and unfair competition litigation.
Defended a global pharmaceutical company in product liability litigation involving combined oral contraceptives in multidistrict federal litigation and consolidated state litigation.
Defended a global manufacturer of highway products in a trial on False Claims Act violations.
Represented a medical device manufacturer in a case asserting trademark and copyright infringement that was favorably resolved shortly after the complaint was filed.
Represented a global manufacturer of highway products in patent infringement and unfair competition litigation.
Successfully arbitrated for a regional company a dispute with its former CEO and principal over the terms of an executive employment agreement and terms of a purchase agreement.
Obtained dismissal for a foreign sovereign in litigation brought pursuant to the Foreign Sovereign Immunities Act.
Obtained judgment following a bench trial in favor of a company in a dispute over the purchase of regional radio stations.
Defended a hotel operating company in trademark and contract litigation resulting in a favorable settlement following discovery.
Represented a manufacturer of flow meters for nuclear power plants in litigation with suppliers of parts resulting in a favorable settlement following discovery.
Represented a global manufacturer of solar panels in litigation against a manufacturer of specialized plant equipment resulting in a favorable settlement following discovery.
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
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
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.
