For decades, Dickstein Shapiro’s Complex Dispute Resolution (CDR) Practice has guided major national and international companies through high-profile mass litigation matters, as well as more discrete disputes. The firm provides strategic advice to assist clients in developing and implementing creative, cost-effective resolution plans in matters ranging from prominent mass tort and large multistate commercial litigation to more circumscribed projects, such as those designed to forestall or limit litigation, maximize funding sources, or resolve a single important case through mediation or other means.

The firm’s CDR Practice draws upon the depth and experience of multiple practice areas, including extensive litigation capabilities in both private suits and government investigations, a nationally recognized insurance coverage practice, decades of class action and mass tort bankruptcy experience, and insights gained through public service for federal courts and the U.S. Department of Justice (DOJ).

Our CDR attorneys have years of experience handling sensitive matters. One of the leaders of the CDR Practice served as Deputy Special Master for the September 11th Victim Compensation Fund of 2001 and was responsible for the overall design and implementation of the congressionally created program, which distributed more than $7 billion to the terrorist attack victims and families. In addition, several CDR attorneys have served as court-appointed neutrals responsible for negotiating and implementing complex settlements, including the “Agent Orange” product liability litigation and mass asbestos cases.

Our attorneys have been at the cutting edge in developing creative solutions to mass tort problems—for example, devising the multi-step class resolution of the Dow Corning breast implant litigation, negotiating “model” real property statewide class settlements, playing instrumental roles in a number of asbestos bankruptcy cases involving untested issues of law, and developing a “blind funding” approach crucial to the settlement of highly complex class litigation against the pharmaceutical industry. In total, our attorneys have negotiated the resolution of disputes involving more than one million claims and potential exposure measured in several billions of dollars.

Complex settlement negotiation, design, and implementation

• Acted as national settlement counsel for three of the major pharmaceutical defendants (and as litigation counsel for one of the companies) in the “Average Wholesale Price” litigation. The so-called AWP cases involved scores of false claims and unfair trade practices lawsuits across the country against virtually the entire American pharmaceutical industry. The lawsuits included nationwide and statewide class actions, qui tam suits, state attorney general actions, and DOJ investigations and civil actions.
• Served as national settlement counsel for both Dow Corning and Baxter (and coverage counsel for Baxter) in silicone gel breast implant litigation, one of the largest mass torts cases in American history, as well as counsel to and company representative for Dow Corning throughout its Chapter 11 bankruptcy case. The firm was also selected to implement and enforce Dow Corning’s Chapter 11 plan of reorganization.
• Represented AT&T (as settlement, litigation, and insurance coverage counsel) in the negotiation, design, and implementation of dozens of complex statewide class settlements—praised as a “model” by the presiding multidistrict judge—in landowner litigation challenging AT&T’s right to operate its fiber-optic cable network across the country. 
• Represented Armstrong World Industries, Kaiser Aluminum, and Pfizer Inc in the evaluation of asbestos-related claims, analysis of future claims, development of expert testimony, and the negotiation of future claims resolution through Chapter 11 device.

Comprehensive risk analyses and individual case/claim valuations

• Developed strategies for managing risks associated with some of the most prominent complex litigation of the last several decades, involving asbestos, silica, breast implants, energy markets, bulk vitamins, natural latex rubber gloves, synthetic rubber, tobacco, mold, pharmaceutical pricing, and government contracts.
• Produced confidential exposure analyses and claim valuations with respect to existing commercial cases and current and future tort claims. 
• Designed and executed a strategy for DuPont to respond to a bellwether public nuisance suit by the Rhode Island Attorney General in connection with lead paint.

Interdisciplinary global resolutions

• Developed a range of interdisciplinary solutions for corporate clients confronting mass tort problems. These solutions often involve a unique blend of traditional and non-traditional means to limit risks and secure funding from third-party sources.
• Examples include creative use of bankruptcy resolutions, suits to secure insurance and third-party funding, class and non-class mass settlements, and legislative and regulatory measures.

International arbitration/international dispute resolution

• Arbitrated disputes worldwide for energy, pharmaceutical, telecommunications, and medical device companies; government contractors; professional firms; real estate ventures; and other international clients in arbitrations before the London Court of International Arbitration, the International Chamber of Commerce, the Singapore International Arbitration Center, the AAA International Centre for Dispute Resolution, and other international forums.
• Valued and settled mass products claims throughout the world, including as to the differences between litigation systems and valuation mechanisms, and established foreign claimant settlements in the United States. 
• Resolved foreign class actions in Ontario, Quebec, British Columbia, and Australia in collaboration with in-country lawyers.

Mediation/ADR design and implementation

• Represented Fortune 500 companies in complex and sensitive mediations with state and federal officials.
• Advised companies concerning how to establish targeted ADR systems to reduce litigation costs and exposure, and analyzed litigation portfolios and individual cases for potential ADR. 
• Represented corporations and individuals (such as Spider-Man creator Stan Lee) in private mediations. 
• Advised companies interested in maximizing ADR possibilities in their commercial and other contracts and through internal early case evaluation procedures.