Jonathan S. Tam

Jonathan-Tam

Jonathan S. Tam

Counsel

San Francisco | One Bush Street, Suite 1600, San Francisco, CA, United States of America 94104-4446
+1 415 262 4518 | +1 415 262 4555

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Jonathan S. Tam advises clients in mass tort and product liability litigation with an emphasis on the pharmaceutical and medical device manufacturing industries in cases filed by individual plaintiffs, State Attorneys Generals, municipalities, and third-party payors.

He is an experienced litigator and trusted advisor.  He has led, managed, and handled various aspects of complex, nationwide litigations in state and federal courts, including developing and implementing case strategy, arguing dispositive motions, working with expert witnesses, taking and defending fact and expert depositions, and going to trial.

He has extensive experience drafting briefs at both the trial and appellate levels, and in particular, briefs concerning the admissibility of expert testimony under Daubert.  He was key member of teams that secured the dismissal of plaintiffs’ general causation testimony under Daubert and the entry of summary judgment for a pharmaceutical manufacturer in two major mass torts, and also helped draft the briefs that ultimately cemented those victories in the federal appellate courts.  See In re Lipitor (Atorvastatin Calcium) Mktg., Sales Practices & Prod. Liab. Litig. (No II) MDL 2502, 892 F.3d 624, 631 (4th Cir. 2018); In re Zoloft (Sertraline Hydrochloride) Prod. Liab. Litig., 858 F.3d 787 (3d Cir. 2017).  These Daubert decisions are routinely cited by courts and parties around the country.

His publications include "Jury Selection in Federal Court" in Practical Law Journal and "Liability for Failure to Warn Under New York Law" in Products Liability in New York: Strategy And Practice.

Prior to joining Dechert, Mr. Tam was an associate at Quinn Emanuel Urquhart & Sullivan LLP, and Skadden Arps Slate Meagher & Flom LLP.

 

 

Experience
  • Represent a major pharmaceutical company in a nationwide litigation in federal and state courts involving opioid medications in lawsuits filed by State Attorneys Generals, cities, counties, private entities, and individuals alleging false and misleading marketing, fraud, violations of consumer protection statutes, negligence, and public nuisance.
  • Represent a major technology company in putative class actions filed in the Northern District of California involving consumer electronics and claims of misleading marketing.
  • Represent a major pharmaceutical company in a federal multi-district litigation in the Eastern District of New Orleans involving product liability claims and a chemotherapy treatment.
  • Represent a major pharmaceutical company in the Southern District of New York in product liability cases involving an antidepressant.
  • Represented a major pharmaceutical company in an appeal in the U.S. Court of Appeals for the Fourth Circuit involving a cholesterol-lowering medication, resulting in the affirmance of the exclusion of plaintiffs’ general causation experts under Daubert and summary judgment for the company in a federal multi-district litigation involving thousands of cases.  See In re Lipitor (Atorvastatin Calcium) Mktg., Sales Practices & Prod. Liab. Litig. (No II) MDL 2502, 892 F.3d 624, 631 (4th Cir. 2018).
  • Represented a major pharmaceutical company in federal multi-district litigation in the Eastern District of Pennsylvania involving an antidepressant, resulting in the exclusion of plaintiffs’ general causation of experts under Daubert and summary judgment summary judgment for the company in all cases, and also represented the company in securing the affirmance of these decisions in the U.S. Court of Appeals for the Third Circuit.  In re Zoloft (Sertraline Hydrochloride) Prod. Liab. Litig., 858 F.3d 787 (3d Cir. 2017); In re: Zoloft (Sertraline Hydrochloride) Prod. Liab. Litig., 2015 WL 7776911, at *7 (E.D. Pa. 2015); In re Zoloft (Sertraline Hydrochloride) Prod. Liab. Litig., 26 F. Supp. 3d 449 (E.D. Pa. 2014).
  • Represented a major medical device company at trial in Washington Superior Court involving a robotic surgical device.
Education
  • University of California, Berkeley, B.A., 2004, with Distinction
  • Duke University School of Law, J.D., 2009
Admissions
  • California
  • New York
Speaking Engagements

ABA’s Current Issues in Pharmaceutical and Medical Device Litigation Conference, Panel on “Hot Topics in Products Liability Litigation” (Nov. 14, 2013).