Dawn S. McCord

Life Sciences Litigation

Dawn is particularly skilled in defending life sciences companies and products. She represents pharmaceutical and medical device companies in product liability, wrongful death and catastrophic injury litigation. She defends companies in complex and mass tort litigation involving hormone replacement therapy, blood thinning and antiplatelet drugs, transdermal pain patches, vaginal mesh, spinal cord stimulators and aesthetic lasers.

Business Disputes

Using a combination of sound judgment, efficiency and creativity, Dawn is a trusted advisor and fierce defender of corporate entities facing complex business litigation. While a trial attorney, she also understands litigation risk and works with clients to avoid or minimize litigation risk throughout the pre- and post-litigation processes. She represents clients in a variety of commercial cases involving general principles of contract and business law, as well as those arising under federal and state statutes, including:

• Construction-related litigation
• Contract disputes involving breach of contract, anticipatory breach, breach of warranty, termination and injunctive relief
• Business tort claims involving fraud, deceptive trade practices, breach of fiduciary duty and good faith, and tortious interference
• Securities litigation and Securities and Exchange Commission (SEC) investigations
• Potential classes seeking damages for personal injuries, business and economic loss, and statutory damage claims

Representative Experience

• Served as outside coordinating counsel of a national defense team in the successful representation and defense of a major pharmaceutical company in multi-district litigation in an Arkansas District Court proceeding, having obtained dismissals of hundreds of plaintiffs’ claims and having favorably resolved thousands of cases
• Vigorous defense of a medical device manufacturer in multi-district and state mass tort litigation involving vaginal mesh, including active participation in trials on trial team and extensive work with scientific and medical experts
• Successfully defended a biopharmaceutical company in wrongful death actions in transdermal pain patch litigation in multiple federal and state jurisdictions
• Obtained summary judgment on behalf of pharmaceutical company in wrongful death case involving blood thinner medication and allegations of cancer promotion
• Attained dismissal following filing of a motion for summary judgment based on federal preemption of a product liability suit involving a spinal cord stimulator and injuries including paraplegia
• Favorable resolution on behalf of manufacturer of weight loss supplements and food products in case involving anaphylaxis
• Obtained summary judgment in favor of a pharmaceutical company in a case involving allegations of negligence in the design of a study protocol
• Advantageous resolution of a leading global aesthetic device company in case involving an aesthetic laser and alleged burn injuries
• Successful defense and resolution of pharmaceutical suits involving dietary supplements containing ephedra
• Negotiated and obtained a de minimus class action settlement of a putative class action in the Nevada District Court brought by potential employees of a major medical facility alleging claims under the Federal Fair Debt Collection Practices Act
• Defeated class action certification in Louisiana for a national long-term acute health care company in a medical negligent, personal injury and wrongful death action filed in the aftermath of Hurricane Katrina
• Obtained a temporary restraining order on behalf of a Fortune 500 company against the Texas Attorney General in a pending declaratory judgment and injunctive relief action arising from the request for confidential and proprietary information under the Texas Public Information Act
• Represented an accounting firm in connection with an SEC investigation and interview involving the firm’s audit of a banking institution with potentially improper loan grading practices
• Conducted internal review of the relevant facts to understand the basis for regulator’s concern, assisted with document review and production, and pre-examination witness preparation, responded to regulator’s inquiries and criticisms, and facilitated engagement with regulators throughout and following the interview process to ensure the most favorable outcome
• Obtained dismissal of securities fraud class action alleging claims for violations of the Texas Securities Act, fraud and civil conspiracy against an accounting firm in connection with the independent audit of a Texas financial institution
• Successfully represented an insurance sales agent and financial planner and achieved resolution of investment plan litigation involving complex tax issues, including allegations of fraud, negligent misrepresentation, negligence, unjust enrichment, money had and received, breach of fiduciary duty, fraudulent concealment, and claims of violations of the Texas Insurance Code and Deceptive Trade Practices Act, in connection with the sale of security products to fund Section 419(e) and Section 79 welfare benefit plans
• Arbitrated a professional negligence matter in Washington, D.C. and obtained a favorable arbitration ruling in action involving the architectural design and construction of multi-million dollar estate and museum
• Participated in the trial of a construction defect case involving a roof collapse of a Honda facility in Oregon that resulted in a favorable defense outcome for the client
• Defended and resolved a factually challenging multimillion dollar dispute arising from multiple slope failures during construction of an Alabama town center retail space and apartment complex in which plaintiff brought claims for breach of contract, breach of express and implied warranties, fraud, fraudulent suppression, RICO claims, negligent hiring, training, supervision and retention, negligent misrepresentation, and tortuous interference with contracts
• Assisted in the trial of a multimillion dollar breach of contract case in Pennsylvania involving the design of a public wastewater pre-treatment plant that was resolved during trial favorably to the engineering client

Personal Interests

When she’s not in the office, you will find Dawn practicing yoga, enjoying a good cup of coffee, walking the family boxer, or on an RV trip with her husband and three children.