Ben Barnett, chair of the firm’s mass torts and product liability practice, is an accomplished trial attorney and “an absolute expert on discovery,” according to The Legal 500 (2009, 2010 and 2011). Since joining Dechert from the U.S. Attorney’s Office, Mr. Barnett has served as trial counsel in a number of significant matters: the second Baycol case to be tried in the Philadelphia Court of Common Pleas; a wrongful death suit involving MLB pitcher Steve Bechler; a smoking and health case slated for trial in Philadelphia; and a multi-defendant lawsuit alleging workplace exposure to tungsten.
In preparing for these trials, Mr. Barnett was responsible for the full panoply of pre-trial work including deposing lead plaintiffs, preparing and defending senior company executives (including Apex depositions), and developing key expert witnesses on topics ranging from inhalation toxicology to former MLB general managers.
eDiscovery
In addition to his trial work, Mr. Barnett has extensive courtroom experience with respect to a broad array of evolving eDiscovery issues. For more than a decade, Mr. Barnett has been the lead attorney responsible for coordinating nationwide discovery in several significant matters, many involving parallel proceedings.
In 2001, Mr. Barnett had lead responsibility for developing a system for the collection, review, and production of documents and data for GlaxoSmithKline in the national Baycol litigation. Both during and subsequent to the Baycol litigation, Mr. Barnett continued to counsel GSK on eDiscovery issues.
Mr. Barnett also was selected by Merck & Co., Inc. to be the lead attorney responsible for national discovery strategy and coordination following the withdrawal of Vioxx in September 2004. Supported by a small management team, Mr. Barnett was responsible for national discovery coordination in the Vioxx MDL, the coordinated state jurisdictions, and the full spectrum of parallel Vioxx matters. Mr. Barnett regularly appeared in both federal and state courts to defend Merck with respect to discovery issues, negotiated master discovery orders and agreements, defended the depositions of key company IT employees, and worked to defeat efforts by opposing counsel to expand Merck's discovery obligations.
In 2007, Mr. Barnett and his team were asked to play the same strategic and coordination role with respect to the Vytorin litigation for Merck and Schering-Plough.
Mr. Barnett also played a critical role in re-engineering the eDiscovery processes that had resulted in the entry of a sanctions order against a multi-national pharmaceutical company in a MDL proceeding. Mr. Barnett and his team were also instrumental in developing and implementing the hearing strategy that led to the confidential resolution of that ruling.
In addition to his extensive extensive experience litigating eDiscovery issues, Mr. Barnett regularly counsels pharmaceutical, financial, manufacturing, and telecommunication corporations regarding eDiscovery issues. He and his team have worked with several clients to develop pro-active systems to prepare for and limit the cost of electronic discovery in litigation or investigations, including record retention policies, litigation hold programs, eDiscovery risk assessments, and RFPs.
Prior to joining Dechert, Mr. Barnett served as an Assistant United States Attorney, initially in the District of Columbia and later in the Eastern District of Pennsylvania. As an AUSA, Mr. Barnett gained broad and extensive first-chair experience in federal courts, including arguing before the District of Columbia and Third Circuit Courts of Appeal, and defending the United States and its agencies in numerous trials, hearings, and arbitrations.
Significant Representations
- In a medical malpractice case (the alleged failure to diagnose left the plaintiff a paraplegic), successfully argued before the Third Circuit that the United States is not subject to equitable estoppel, as estoppel would violate the Appropriations Clause of the U.S. Constitution (a ground not presented by original trial counsel). Davis v. United States, No. 98-1675 (3d Cir. May 6, 1999)
- Successfully argued for affirmance of two defense verdicts in Title VII discrimination cases before the District of Columbia Circuit, Jung v. Reno, 1997 U.S. App. LEXIS 34630 (D.C. Cir. Oct. 17, 1997); Diamond v. Atwood, 1997 U.S. App. LEXIS 34540 (D.C. Cir. Oct. 9, 1997)
- Obtained defense verdict at trial in a sexual harassment lawsuit despite trial judge's determination that certain U.S. Postal Service witnesses were not credible. Koschoff v. Henderson, 109 F. Supp.2d 332 (E.D. Pa. 2000)
- Following oral argument, convinced district court to approve a new agency method for pricing Department of Defense freight (Munitions Carriers Conference, Inc. v. United States, 1997 U.S. Dist. LEXIS 11620 (D.D.C. Aug. 1, 1997), despite the Court's earlier decision striking down a similar methodology. Principal author of brief in a consolidated appeal in which the D.C. Circuit adopted Judge Hogan's reasoning in his second opinion. Munitions Carriers Conference v. United States, 147 F.3d 1027 (D.C. Cir. 1998)
- Obtained summary judgment in a sexual harassment lawsuit in which the plaintiff had a tape recording of her alleged harasser. Henderson v. Henderson, Civil Action No. 00-4323 (E.D. Pa. Mar. 15, 2001) (under seal)
- In a case of first impression, successfully argued that Bureau of Prison officials constitute law enforcement officers, thus preserving the sovereign immunity of the United States against inmates' suits alleging the loss of personal property. Vitale v. U.S. Department of Justice, Civil Action No. 99-2908 (E.D. Pa. May 2, 2000)
- Represented the State Department and the Department of Defense in two separate class actions, defeating efforts to extend a sexual discrimination consent decree with the State Department and defeating an entry of a preliminary injunction against the military administrators of the DOD's only maximum security prison
- Prosecuted civil actions on behalf of the United States, including three multi-million fraud investigations and created a pilot project aimed at hospital coding compliance
Education
Kenyon College, B.A., 1984
The Catholic University of America Columbus School of Law, J.D., 1993, Note & Comment Editor on the Catholic University Law Review; awarded American Jurisprudence Awards for Criminal Law and Administrative Law; member of the Thurgood Marshall American Inn of Court
Court Admissions
United States District Court for the District of Maryland
United States District Court for the Eastern District of Pennsylvania
United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the District of Columbia Circuit
Bar Admissions/Qualifications
Pennsylvania
Maryland
District of Columbia