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Practical Advice. Proven Results. HEIDELL, PIT TONI, MURPHY & BACH, LLP

www.hpmb.com


1

Our Quality Guarantee

2

A Commitment to Diversity

3

Dedicated Leadership through Professional Affiliation

4

Our Innovative Approach to Technology

5

Appellate Practice

6

Commercial Litigation and General Liability

7

Healthcare Law

8

Labor and Employment Law

9

Medical Liability and Risk Management

10

Risk Management Counseling

11

Products Liability and Mass Tort

12

Professional Liability

Contents


Since its founding in 1979, Heidell, Pittoni, Murphy & Bach, LLP’s guiding principle has been individualized attention to our

Our Quality Guarantee

clients. For more than 25 years, this has been the best form of advertisement. We have earned a reputation, which we guard zealously, for providing the highest quality legal work. We fashion cost-effective, customized solutions based on the specific circumstances of each case and the interests of each client.


HPM&B is a diversified work place, proud to have been one of the first signatory firms to the Association of the Bar of the City of New York’s Statement of Goals of the Committee to Enhance Professional Opportunities for Minorities.

A Commitment to Diversity

From its inception, we have been participants in the

conducted by the Association of the Bar of the City of

Minority Summer Associates Fellowship Program of

New York.

the Association for the Bar of the City of New York. In addition, in 1996, we were one of two law firms

Five of our women partners appear regularly on the lists of Best Lawyers® and Super Lawyers®.

recognized by the New York City Chapter of the National Organization for Women for our commitment to the

A diverse staff brings to bear different points of view,

advancement of women in management in the workplace.

affording a competitive advantage to our clients during

In 2004, the firm ranked consistently high among all

dispute resolution.

categories in a survey of minority hiring and retention


Committed to advancing the interests of our clients, our partners are active in a number of local and national bar associations, in which they have achieved leadership positions: President of the New York ABOT A Chapter, Chair of the Trial Lawyer’s Section of the New York State Bar Association, Chair of the Medical Liability and Health Care Law Committee of DRI, Chair of the Drug, Device

Dedicated Leadership through Professional Affiliation

and Biotechnology Section of the FDCC, to name a few. Several of our partners have been elected to the

hospital groups including the Connecticut Association of

Federation of Defense and Corporate Counsel, the

Hospital Risk Managers. We have authored articles for a

International Association of Defense Counsel, and the

range of legal trade publications including The New York

American Board of Trial Advocates. We are active in such

Law Journal, Connecticut Law Tribune, For The Defense,

professional organizations as Defense Research Institute,

Metropolitan Corporate Counsel, Products Liability Law

the New York State and American Bar Associations, the

and Strategy and various Law Journal Press publications.

New York Medical Defense Bar Association (of which one of our partners was the founder and first President), and

For the past several years, many HPM&B partners have

the Association of the Bar of the City of New York.

been recognized as Best Lawyers in AmericaÂŽ.

Our attorneys are frequently called upon to present at national and local bar, insurer, trade groups and physician/


Our Innovative Approach to Technology

We believe in the advancement of technology in the courtroom and in the office and have been at the forefront of this movement, pioneering the use of computer-generated exhibits in the New York, Connecticut, Long Island and Westchester area.


HPM&B attorneys have handled more than 200 appeals in a broad variety of cases, including several groundbreaking cases in the highest courts of New York and Connecticut. In addition to our work on behalf of parties to appeals, we represent clients who wish

Appellate Practice

to participate in appellate proceedings as amicus curiae. Many of our corporate clients choose the appellate courts

pioneered the use of bifurcation motions in medical

to advance legal positions that will positively affect their

malpractice cases.

ability to defend future litigation. Because our appellate attorneys also have trial experience, they understand

This group of highly skilled attorneys also assists

how best to present arguments and create a record that

colleagues and clients when complex issues arise outside

will lead to favorable results at trial, during post-trial

the appellate context, such as developing and presenting

proceedings, or on appeal. Notably, HPM&B has been a

positions regarding proposed legislation and regulations

leader in successful challenges of unqualified or unreliable

that may affect their interests.

medical expert testimony under Daubert and Frye and


HPM&B’s Commercial Litigation and General Liability Law Group serves as business and litigation counsel to a wide variety of clients, from individuals to Fortune 500 companies. Our work encompasses breach of contract and breach of non-competition covenant claims, leasing and real estate disputes, insurance coverage issues, actions for recovery of property, tortious interference with business

Commercial Litigation and General Liability

relationships and fraudulent business practices, premises liability, automobile accident liability and construction litigation. We have many years of experience handling trials and appeals, mediations and arbitrations. Over the years, we have represented a number of national

defended hundreds of slip-and-fall cases involving leaky

retailers including Target, Staples, Starbucks, Walgreens,

machines, slippery floors, spilled coffee, defective sidewalks

CVS, Rite Aid, Duane Reade, Tops Market, Wegman’s,

and uneven surfaces. Many cases have involved alleged

Waldbaum’s/A&P, and Osram-Sylvania, pharmaceutical

labor law violations, premises security and negligent hiring

companies including Bayer Corporation, residential

and supervision.

building owners, and smaller companies and individuals who are insured by carriers such as Chartis (formerly

Whether litigating in court or resolving disputes through

AIG), ACE, Arch, and CNA. In addition, our hospital

alternative means, we strive to achieve superior results in

clients regularly ask us to handle premises liability

the most cost-effective manner.

cases arising from incidents at their facilities. We have


At HPM&B, we recognize a growing need for high-quality legal representation in matters concerning physician investigation and licensure by governmental authorities and billing audits by medical

Healthcare Law

insurance carriers. For more than 25 years, the Healthcare Law Group

organize and incorporate their practices, and to prepare

at HPM&B has successfully protected the interests of

and negotiate employment and partnership agreements on

medical professionals when they have become targets of

their behalf. Complemented by our experienced medical

such proceedings. With two board-certified physicians

litigation attorneys, HPM&B’s healthcare law group is

on our attorney staff, we are able to serve our clients

well equipped to understand and ardently protect our

from an “insider” perspective. Medical professionals

clients’ interests.

also frequently retain our healthcare law attorneys to


HPM&B offers counseling and litigation services to management in employment discrimination cases for a variety of industries. This includes our traditional pharmaceutical and healthcare clients, as well as educational institutions, publishers, retailers, auto dealers and not-for-profit institutions.

Labor and Employment Law

The prevention of claims is a major focus of the Labor

and national origin discrimination). We also offer staff

and Employment Law Group. We work with clients to

programs that ensure company polices are properly

develop effective policies and training programs designed

disseminated and reinforced.

to bring the workplace into compliance with state, local and federal mandates, to improve employee relations

The group is also experienced in conducting audits to

and to boost productivity. In addition to providing

enable frank assessment of potential exposure. We draft

guidance on issues involving wages, hourly regulations,

or revise handbooks and personnel rules and policies,

and administration of leave and benefits, we offer training

tailoring these documents to the specific workplace.

programs to managers and administrators to help them

When a known problem exists, we conduct internal

prevent and effectively deal with sexual harassment

investigations and render advice regarding disciplinary

and prohibited discrimination (including race, gender

action and corrective measures.


When it comes to medical liability defense, HPM&B is an undisputed leader in the field. We have defended thousands of medical malpractice cases of every type, from anesthesia to urology, and our trial lawyers are well known and respected by both the judiciary and the plaintiff’s bar.

Medical Liability and Risk Management

We are regularly asked to defend high exposure cases

Also, our strong relationships with major university

involving catastrophic obstetrical and neurological injuries.

medical centers has enabled us to build a broad database of

Our clients include the region’s most prominent medical

highly qualified medical and scientific experts to provide

centers and the top physicians in their specialties. We

authoritative testimony regarding standard of care, and

have worked with every medical liability insurance carrier

cause and extent of injuries.

in the region for over thirty years. Based on our successful track record in New York and Connecticut, HPM&B has been retained by several companies to handle major cases in other jurisdictions. Working closely with local counsel and in-house staff, we identify theories of defense, retain experts, advise which cases should be tried and which should be resolved out of court. Because the defense of medical malpractice cases requires an understanding of complex medicine, the group also includes attorneys with formal training in the medical sciences. We have the expertise to review and analyze medical records, conference and depose experts, and to identify areas of the case upon which success at trial or summary judgment can be premised.

Risk Management Counseling In addition to defending medical liability claims, the group provides risk management counseling, helping our clients develop strategies for avoiding adverse outcomes and lawsuits, and inculcating best practices in their workforces. HPM&B attorneys have lectured across the country to groups such as the Association of Hospital Risk Management, the Society of Medical Jurisprudence and the Hospital Financial Management Association. Regularly consulted by hospital department and quality managers, we also offer on-call legal assistance to hospital administrators who are faced with day-to-day decisions that impact patient care and liability exposure at their facilities.


HPM&B is recognized nationally for its representation of corporations and other organizations that are drawn into the highly specialized areas of products liability and mass tort litigation. We have expertise in cases involving medical devices, pharmaceutical drugs, human biologics, and over-the-counter medications. We also handle claims involving mass and environmental

without trial. But if an early resolution is not possible, we

exposure. Our attorneys are regularly honored as “Best

take pride in our ability to explain and present complex

Lawyers®” and “Super Lawyers®” for their commitment

scientific issues in a manner that jurors will understand.

and the results they achieve for their clients. We have represented several clients in national multi-district

Products Liability and Mass Tort

litigations. They include Bayer Corporation (Baycol®, Phenylpropanolamine [PPA], Ciprofloxacin [Cipro®], Miles Laboratories (blood factor concentrates), C.B. Fleet Company, Inc. (Fleet Phospho-Soda®), Merck (Vioxx®), and Bausch & Lomb (ReNu® with MoistureLoc® Multi- Purpose Contact Lens Solution). We routinely defend claims involving medical devices such as MRI machines and Lasik equipment, asbestos, mold, and lead paint exposure, lighting products, latex gloves, computer keyboards, pesticides, breast implants, flammable flooring materials, allegedly contaminated food and defective exercise equipment. As lead counsel, we develop and execute litigation strategies tailored to the particular case and business considerations of our clients. We are aggressive throughout all stages of discovery. Because of our track record as trial attorneys, our adversaries know that we can and will try cases to verdict. This creates leverage for resolving cases

In the Bausch & Lomb litigation, the company was involved in mass tort litigation for the first time following the recall of its over-the-counter contact lens solution. We were instrumental in the early resolution of those cases as part of a national trial team that achieved Frye/Daubert dismissals of a large number of claims and negotiated settlements in a category of claims that avoided dismissal. Charles Bach, a senior partner at HPM&B, was chosen to represent Bausch & Lomb at trial. After thirty years of experience representing the medical and scientific communities, we have access to the best experts in the nation. In the Fleet litigation, for example, we were instrumental in the development of an advisory expert panel of various physicians and scientists to prepare for expert depositions and courtroom testimony. We also developed and maintained a medical article database specific to the litigation. Our role as national science counsel led to our appointment by the MDL court as settlement claims administrator in the Fleet litigation.


We also were trial counsel for Bayer in its Cipro® litigation and served as regional coordinating and trial counsel in the PPA and Baycol® litigations. In those litigations, we coordinated more than 1000 cases in New York.

Products Liability and Mass Tort

We also served as trial counsel for Miles Laboratories in

working with our in-house support team who are familiar

litigation involving hemophiliacs claiming exposure to

with the needs of the trial lawyers and the logistics of the

HIV and the contraction of AIDS and hepatitis from

courtroom. We were among the first firms to recognize

the administration of blood factor concentrates. We

that juries are receptive to computer models, imaging

coordinated the discovery and pre-trial proceedings in

and animations. We use cutting edge litigation support

approximately 60 cases consolidated in New York County.

tools such as Summation®, Casemap®/Textmap® and Trial

We have served as national counsel for a keyboard

Director®.

manufacturer in the repetitive stress injury cases and have spent years serving as coordinating counsel for several clients in asbestos litigation in New York. Indeed, HPM&B was one of the first firms to successfully defend at trial in the Southern District of New York an asbestos case in the early years of the litigation.

Finally, we often engage our Appellate Practice Group to deal with thorny legal issues and obtain early dispositions through motion practice where possible, avoiding the expense and uncertainties of trial. In one highlypublicized suit against our client, a major manufacturer of MRI machines, we successfully argued that the maker

In addition, our firm serves as regional coordinating

could not be liable for punitive damages. Later, we

counsel for two major insurance carriers, monitoring

obtained a complete dismissal on the ground that the

birth injury and other high exposure claims. Given our

suit was preempted by the federal 1976 Medical Device

particular expertise in handling cases with potential

Amendments to the Food, Drug and Cosmetic Act under

sustainable verdicts in excess of ten million dollars, we

the Supreme Court’s 2008 holding in Riegel v. Medtronic,

have taken over the direct defense in many of these cases.

Inc. We convinced the court to extend Riegel to products, like the MRI machine at issue, that have been reclassified

HPM&B was one of the first law firms in New York and Connecticut to bring technology into the courtroom. Today, we utilize technology during trial effortlessly,

as Class II devices and thus subject to less stringent FDA oversight following pre-market approval.


HPM&B has represented professionals from a variety of disciplines including lawyers, architects, engineers, accountants, financial

Professional Liability

advisors, investment agents, officers and directors of corporations, and real estate brokers. Our Professional Liability Group has defended clients directly and on behalf of their insurance carriers, in errors and omissions claims, in shareholder derivative suits alleging breech of fiduciary duty, and in employment related torts.


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Office Locations

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