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					                                                                                                  BIOGRAPHY




                     H A R V E Y L . K A P L A N [ partner ]
                     Kansas City
                     P: 816-559-2214 (Direct)
                     P: 816-474-6550 (Main)
                     F: 816-421-5547




Biography
Mr. Kaplan is Chair Emeritus of the firm’s Pharmaceutical and Medical Device Litigation Division and has served as a member
of its Executive Committee.

Pharmaceutical/Product Liability/Commercial Litigation
Mr. Kaplan is well known for defending pharmaceutical and medical device companies. His national litigation practice involves
complex litigation, including product liability, commercial, and toxic tort litigation.

He has tried high profile pharma cases in many jurisdictions, including Arizona, Louisiana, Michigan, Missouri, New Mexico,
New York, Ohio, Oklahoma and Pennsylvania. He has won defense verdicts in cases involving serious personal injuries
alleged to have been caused by drugs and devices such as DES, the Cu-7 IUD, the Dalkon Shield IUD, and the FenPhen diet
drug combination. In addition, he has argued cases in the Appellate Courts of Missouri, Michigan and in the Fifth, Eighth and
Ninth Circuit Courts of Appeal.

Professional Activities/Honors
He is a Fellow of: the International Academy of Trial Lawyers; the International Society of Barristers; the American Bar
Foundation; and Litigation Counsel of America. He has served on the Board of Directors of the International Association of
Defense Counsel (IADC) and the Defense Research Institute (DRI). He has been Director of the IADC's Defense Counsel Trial
Academy; Co-Chair of the DRI Corporate Counsel Roundtable; and he was also at the forefront of launching DRI Europe. In
2010, he received the Burton Award for Excellence in Legal Writing.

Professional Listings/Recognition
In 2011, Mr. Kaplan was named by Who's Who Legal - The International Who's Who of Business Lawyers as Global Product
Liability Lawyer of the Year for the fourth consecutive year. He was named the World's Leading Product Liability Lawyer in
2009, 2010 and 2011 by The Legal Media Group Guide to the World’s Leading Product Liability Lawyers. Law360 profiled Mr.
Kaplan in 2010 as one of the ten most admired product liability lawyers. He was also featured in The American Lawyer articles
about SHB’s selection as Product Liability Litigation Department of the Year in 2008 and as a finalist in 2010. The ABA Journal
referred to him as “…the godfather of product liability law” in an article featuring SHB as “the firm many of the world’s biggest
companies turn to at the first hint of trouble with one of their products” (Oct. 2008).

The Best Lawyers in America

The Best Lawyers in Kansas City
Chambers USA: America’s Leading Lawyers for Business (listed in Band 1 as one of six leading lawyers in Nationwide
Product Liability and Mass Torts; nominated for 2007 Chambers Award for Excellence in Product Liability Litigation)

    "'Legend' Harvey Kaplan... draws praise as 'a leading lawyer and an excellent strategist.'" (2012)

    "...a great adviser to clients on how to manage the risks associated with product liability litigation." (2011)

    "…one of the mainstays of the pharmaceutical bar. Clients value his experience, big-picture overview and 'geniune
    investment as a partner to our business.'" (2010)

    “He is praised by sources for his leadership skills: ‘He makes sure work is done thoroughly and comprehensively, and in a
    cost-effective manner.’” (2009)

    “…the strategic mastermind at Shook Hardy, and can also be found in the courtroom…;” “…credited with ‘establishing
    Shook’s drug litigation practice virtually single-handedly,’ and is also a valued asset in wider products liability
    work.” (2008)

    “Clients describe Harvey Kaplan as ‘one of the greatest products liability specialists.’ His presence in court is also praised.
    ‘He is a great communicator and works like a well-oiled machine.’” (2007)

    ““A ‘hardened trial lawyer with the respect of his clients,’ he is also involved in medical device litigation, overseeing the hip
    and knee implant litigation for Sulzer – the settlement of which saved the company and made possible its acquisition by
    Zimmer.” (2007)

Lawdragon: The 500 Leading Lawyers in America

    "The nation's top defense side choice for bet-the-company litigation related to pharmaceuticals and medical
    devices." (2011)

    “The world’s leading product liability defender at one of the world’s premier defense firms.…” (2010)

Who’s Who Legal: The International Who’s Who of Business Lawyers Lawyers (Global Product Liability Lawyer of the
Year 2008-2011; listed as one of ten most highly regarded lawyers worldwide)

    "...a 'dean of the bar,' his pharmaceutical-related experience is 'second to none'....” (2012)

    "Praised for his 'excellence in and out of court,' Kaplan once again received more votes from clients and peers worldwide
    than any other individual in our research worldwide." (2011)

    "'Incredibly skilled,'…the most highly nominated individual in the research. Described as an ‘industry leader’, he has tried
    high-profile pharma cases in many jurisdictions across the US…." (2010)

Who's Who Legal: The International Who's Who of Product Liability Defence Lawyers (most highly nominated lawyer)

Who's Who Legal: The International Who's Who of Commercial Litigators

Who's Who Legal: The International Who's Who of Life Sciences Lawyers

The Legal 500 United States

    "...is 'one of the top pharma lawyers in the country.'" (2012)

    "...a prominent 'veteran' who is praised for his 'outstanding trial and litigation skills.'" (2011)

    "...is very good, outstanding," a veteran with "good all-around trial and litigation skill." (2010)

    “…widely esteemed as a leading figure in the field, clients describing him as ‘a seasoned litigator with a wealth of
    experience and insight.’” (2009)
Benchmark Litigation (named as a National Star for Products Liability)

     "...recognized for his victories in depending pharmaceutical and medical device companies in product liability, commercial
     and toxic tort litigation." (2011)

     “…well known for his defense of pharmaceutical and medical device companies in national products liability
     litigation.” (2010)

     “…received praise for his experience in drug litigation.” (2009)

     “…‘one of the significant thinkers’ in products liability law and peers say this partner is ‘everywhere and into
     everything.’” (2008)

The Legal Media Group Guide to the World's Leading Product Liability Lawyers (selected as the World's Leading Product
Liability Lawyer in 2009, 2010 and 2011; named to the Guide's 2010 "Best of the Best")

LMG Life Sciences 2012 (named as a Litigation Star)

     “’Among the leaders in the product field and a legend in the courtroom’….”

Missouri & Kansas Super Lawyers (named to Top Ten four consecutive years)

PLC Which lawyer? Yearbook

     “…one of the nation’s most prestigious product liability litigators…” (2008)

PLC Cross-border Life Sciences Handbook

PLC Cross-border Dispute Resolution Handbook

The Kansas City Business Journal "Best of the Bar"

Publications
Harvey L. Kaplan (Contributing Editor and Author), Global Overview, Getting the Deal Through: Product Liability in
33 Jurisdictions Worldwide (Law Business Research Ltd. 2012)

Harvey L. Kaplan and Jon A. Strongman, Developments in US product liability law and the issues relevant to foreign
manufacturers, PLC Dispute Resolution Multi-Jurisdictional Guide 2012

Harvey L. Kaplan and John C. Vaglio, Country Q & A United States, in PLC Multi-Jurisdictional Guide to Life Sciences
Law 2012

Harvey Kaplan and John Sherk, Chapter 8: United States of America: The Statutory Basis, International Product Law Manual
(Kluwer Law International 2012)

Harvey L. Kaplan, William J. Crampton & Marc E. Shelley, Chapter 7: Class Action Developments Overseas, Product Liability
Litigation: Current Law, Strategies and Best Practices (PLI 2011)

Harvey L. Kaplan (Contributing Editor and Author), Global Overview, Getting the Deal Through: Product Liability in 31
Jurisdictions Worldwide (Law Business Research Ltd. 2011)

Harvey L. Kaplan and Jon A. Strongman, Developments in US product liability law and the issues relevant to foreign
manufacturers, PLC Cross-border Dispute Resolution Handbook 2011/2012

Harvey L. Kaplan and John C. Vaglio, Country Q & A United States, in PLC Cross-border Life Sciences Handbook 2011

Harvey L. Kaplan (Contributing Editor and Author), Global Overview, Getting the Deal Through: Product Liability in 32
Jurisdictions Worldwide (Law Business Research Ltd. 2010)
Harvey L. Kaplan, William J. Crampton and Marc E. Shelley, Chapter 7: Class Action Developments Overseas, Product
Liability Litigation: Current Law, Strategies and Best Practices (PLI 2010)

Harvey Kaplan and John Sherk, Chapter 8: United States of America: The Statutory Basis, International Product Law Manual
(Kluwer Law International 2010)

Harvey L. Kaplan and Jon A. Strongman, Developments in US Pharmaceutical Litigation: Pre-emption after Wyeth v Levine,
Who’s Who Legal: The International Who’s Who of Product Liability Defence Lawyers, 2010

Harvey L. Kaplan and Jon A. Strongman, Developments in US product liability law and the issues relevant to foreign
manufacturers, PLC Cross-border Dispute Resolution Handbook 2010/2011

Harvey L. Kaplan, William J. Crampton and Marc E. Shelley, Chapter 7: Class Action Developments Overseas, Product
Liability Litigation: Current Law, Strategies and Best Practices (PLI 2009)

Harvey L. Kaplan and John C. Vaglio, Country Q & A United States, in PLC Cross-border Life Sciences Handbook 2009/10

Harvey L. Kaplan and Jon A. Strongman, Developments in US product liability law and the issues relevant to foreign
manufacturers, PLC Cross-border Dispute Resolution Handbook 2009/2010

Harvey L. Kaplan and Jon A. Strongman, Developments in US product liability law and the issues relevant to foreign
manufacturers, Australian Product Liability Reporter, December 2009

Harvey L. Kaplan, Mark W. Cowing and Gabriel P. Egli, A Primer for Data-Protection Principles in the European Union, Culture
Clash! Data Protection, Freedom of Information and Discovery – How to Protect Your Business in Transnational Disputes,
Defense Research Institute (DRI) Europe (Munich, Germany), May 2009

Harvey L. Kaplan and Jon A. Strongman, Preemption and the Learned Intermediary Doctrine, Who’s Who Legal: The
International Who’s Who of Product Liability Defence Lawyers, 2009

Harvey L. Kaplan and Angela M. Seaton, Strategies for Dealing With the Risk of Punitive Damages, Chapter 2 in Global Legal
Group: The International Comparative Legal Guide to: Product Liability 2009, 7th Ed.

Harvey L. Kaplan and John C. Vaglio, USA, Chapter 44 in Global Legal Group: The International Comparative Legal Guide to:
Product Liability 2009, 7th Ed.

Harvey L. Kaplan and Jon A. Strongman, USA, Chapter 44 in Global Legal Group: The International Comparative Legal Guide
to: Pharmaceutical Advertising 2009, 6th Ed.

Harvey L. Kaplan and Matthew T. Nickel, U.S. Product Liability Law: An Overview, Product Liability Expert Guide (Legal Media
Group), 2009

Harvey L. Kaplan and Jon A. Strongman, Pharmaceutical Advertising Law, Corporate International, 2009

Harvey L. Kaplan (Contributing Editor), Global Overview, Getting the Deal Through: Product Liability in 37 Jurisdictions
Worldwide (Law Business Research Ltd.), 2009

Harvey L. Kaplan and John C. Vaglio, Country Q&A United States, in PLC Cross-border Life Sciences Handbook 2008/09

Harvey L. Kaplan and Angela M. Seaton, Strategies for Dealing With the Risk of Punitive Damages, Product Liability:
Consumer Concerns, 2008-09

Harvey L. Kaplan and Jon A. Strongman, Developments in US product liability law and the issues relevant to foreign
manufacturers, PLC Cross-border Dispute Resolution Handbook 2008/09

Harvey L. Kaplan and Jon A. Strongman, Product liability: Issues for foreign manufacturers, PLC’s US Special Report
(reproduced with permission of Legal & Commercial Publishing Ltd.), 2008
Harvey L. Kaplan and Jon A. Strongman, Drug Advertising and the Learned Intermediary Doctrine, Chapter 2 in Global Legal
Group: The International Comparative Legal Guide to: Pharmaceutical Advertising 2008, 5th Ed.

Harvey L. Kaplan and Jon A. Strongman, USA, Chapter 50 in Global Legal Group: The International Comparative Legal Guide
to: Pharmaceutical Advertising 2008, 5th Ed.

Harvey L. Kaplan (Contributing Editor), Global Overview, Getting the Deal Through: Product Liability in 36 Jurisdictions
Worldwide (Law Business Research Ltd.), 2008

Harvey L. Kaplan and Angela M. Seaton, Strategies for Dealing With the Risk of Punitive Damages, Chapter 2 in Global Legal
Group: The International Comparative Legal Guide to: Product Liability 2008, 6th Ed.

Harvey L. Kaplan and John C. Vaglio, USA, Chapter 45 in Global Legal Group: The International Comparative Legal Guide to:
Product Liability 2008, 6th Ed.

Harvey L. Kaplan and John C. Vaglio, Country Q&A United States, in PLC Cross-border Life Sciences Handbook 2007/08

Harvey L. Kaplan and Jon A. Strongman, Developments in US product liability law and the issues relevant to foreign
manufacturers, PLC Cross-border Dispute Resolution Handbook 2007/08

Harvey L. Kaplan and Angela M. Seaton, Strategies For Dealing With the Risk of Punitive Damages, Chapter 2 in Global Legal
Group: The International Comparative Legal Guide to: Product Liability 2007, 5th Ed.

Harvey L. Kaplan and John F. Kuckelman, USA, Chapter 44 in Global Legal Group: The International Comparative Legal Guide
to: Product Liability 2007, 5th Ed.

Harvey L. Kaplan and Jon A. Strongman, Drug Advertising and the Learned Intermediary Doctrine, Chapter 4 in Global Legal
Group: The International Comparative Legal Guide to: Pharmaceutical Advertising 2007, 4th Ed.

Harvey L. Kaplan and Jon A. Strongman, USA, Chapter 47 in Global Legal Group: The International Comparative Legal Guide
to: Pharmaceutical Advertising 2007, 4th Ed.

Harvey L. Kaplan, Country Q&A United States, PLC Cross-border Life Sciences Handbook 2006-07

Harvey L. Kaplan and Jon A. Strongman, Developments in US product liability law and relevant issues to foreign
manufacturers, PLC Cross-border Dispute Resolution Handbook 2006/07

Harvey L. Kaplan and John F. Kuckelman, Courts Rejecting Claims Against Brand Name Manufacturers, Midwest In-House
and Atlantic In-House, July 2006

Harvey L. Kaplan and Angela M. Seaton, Strategies For Dealing With the Risk of Punitive Damages, Global Legal Group: The
International Comparative Legal Guide to: Product Liability 2006

Harvey L. Kaplan and John F. Kuckelman, USA, Chapter 41 in Global Legal Group: The International Comparative Legal Guide
to: Product Liability 2006

Harvey L. Kaplan, Country Q&A United States, PLC Cross-border Life Sciences Handbook 2005/06

Harvey L. Kaplan and Jon A. Strongman, Developments in US product liability law and the issues relevant to foreign
manufacturers, PLC Cross-border Dispute Resolution Handbook 2005/06

Harvey L. Kaplan and Angela M. Seaton, Avoiding/Minimising the Risk of Punitive Damages, Global Legal Group: The
International Comparative Legal Guide to: Product Liability 2005, 3rd Ed.

Harvey L. Kaplan and John F. Kuckelman, USA, Chapter 41 in Global Legal Group: The International Comparative Legal Guide
to: Product Liability 2005, 3rd. Ed.
Harvey L. Kaplan and Jon A. Strongman, Drug Advertising and the Learned Intermediary Doctrine, Global Legal Group: The
International Comparative Legal Guide to: Pharmaceutical Advertising 2005, 2nd Ed.

Harvey L. Kaplan and Jon A. Strongman, USA, Chapter 40 in Global Legal Group: The International Comparative Legal Guide
to: Pharmaceutical Advertising 2005, 2nd Ed.

Harvey L. Kaplan, Electronic Discovery: The New Reality of Litigating in the United States, Who’s Who Legal: The International
Who's Who of Business Lawyers 2005

Harvey L. Kaplan, Country Q&A United States, in PLC Global Counsel: Life Sciences Industry Report 2004/05

Harvey L. Kaplan and Angela M. Seaton, Avoiding/Minimizing the Risk of Punitive Damages, Global Legal Group: The
International Comparative Legal Guide to: Product Liability 2004

Harvey L. Kaplan and John F. Kuckelman, USA, Chapter 30 in Global Legal Group: The International Comparative Legal Guide
to: Product Liability 2004

Harvey L. Kaplan, Dynamics of a Global Class Action Settlement: The Sulzer Hip Implant Cases, Conflict
Management/American Bar Association Section of Litigation, Vol. 8, Issue 2, Spring 2004

Harvey L. Kaplan and Jon A. Strongman, USA, Chapter 32 in Global Legal Group: The International Comparative Legal Guide
to: Pharmaceutical Advertising 2004

Harvey L. Kaplan and Jon A. Strongman, Drug Advertising and the Learned Intermediary Doctrine, Global Legal Group: The
International Comparative Legal Guide to: Pharmaceutical Advertising 2004

Harvey L. Kaplan, Developments in US product liability law and the issues relevant to foreign manufacturers, PLC Global
Counsel Dispute Resolution Handbook 2004/05

Harvey L. Kaplan, co-author, USA, Chapter 27 in Global Legal Group: The International Comparative Legal Guide to: Product
Liability 2003

Harvey L. Kaplan, The Sulzer Hip and Knee Implant Litigation: A Class Action Settlement that Worked for Everyone, ABA:
Health Law Litigation Newsletter, 6th ed., Vol. 3, May 2003

Harvey L. Kaplan, Country Q&A United States, PLC Global Counsel: Life Sciences Industry Report 2003

Harvey L. Kaplan, co-author, Mass Torts: Recognizing Fraudulent Joinder and Knowing How to Deal With It, LJN’s Product
Liability Law & Strategy, Vol. XX, No. 8, February 2002

Harvey L. Kaplan, co-author, Reliability not quantity the key under Daubert, The Journal of the Academy of Experts, Vol. 5,
No. 2, Summer 2000, at 14

Harvey L. Kaplan, co-author, Exploiting National Opportunities, European Counsel Life Sciences Industry Report,
January 2000

Harvey L. Kaplan, co-author, Response of the Defense Research Institute to the Green Paper: Liability for Defective Products
as Issued by The Commission of the European Communities on 28.07.1999, DRI Special Committee on European Product
Liability Law, July 28, 1999

Harvey L. Kaplan, The Restatement (Third) of Torts and Its Projected Impact Upon Manufacturers of Prescription Drugs &
Medical Devices, Drug and Medical Device Litigation: Defense Perspectives, DRI Monograph, Vol. 2, 1998

Harvey L. Kaplan, Restatement (Third) Torts: Products Liability: “What Hath the ALI Wrought?,” Defense Counsel Journal,
Vol. 64, No. 4, October 1997
Harvey L. Kaplan, co-author, Restatement (Third) of Torts: Products Liability, Breast Implant Litigation Reporter, April 22, 1997

Harvey L. Kaplan, co-author, Restatement (Third) of Torts: Products Liability, Medical Devices Litigation Reporter,
April 15, 1997

Harvey L. Kaplan, Dealing with Plaintiffs’ Discovery Abuse Tactics, OACTA (Ohio Association of Civil Trial Attorneys) Quarterly
Review, Vol. 32, No. 2, Spring 1997, at 41

Harvey L. Kaplan, co-author, Restatement (Third) of Torts: Products Liability, Rx for the Defense, Newsletter of the DRI Drug
and Medical Device Committee, Fall 1996

Harvey L. Kaplan, co-author, Third Restatement: New Prescription for Makers of Drugs and Medical Devices, Defense Counsel
Journal, Vol. 61, No. 1, January 1994

Harvey L. Kaplan, Restrictions on the Use of Expert Witnesses, Defending Drug and Medical Device Cases DRI Monograph,
Vol. 4, 1989

Harvey L. Kaplan, Defense Strategies and Insurance Coverage Issues in a ‘Superfund’ Case, Insurance Counsel Journal,
October 1986

Harvey L. Kaplan, Components of Manufacturers’ Products Liability Based Upon Defective Packaging: Foreseeability,
Superseding Cause, and Federal Preemption, 7 Journal of Product Liability 119 (1984)

Harvey L. Kaplan, Packaging Security in the Pharmaceutical Industry, [From the Products Liability Lawyer’s Point of View, pp.
27-34], Proceedings of Conference, November 29-30, 1982, New Brunswick, New Jersey. Sponsored by Pharmaceutical
Technology and Pharmaceutical Executive in conjunction with Capsugel, Division of Warner-Lambert; published in a special
issue of Pharmaceutical Technology, February 1983

Harvey L. Kaplan, Expanding Permissible Bases of Jurisdiction in Missouri: The New Long-Arm Statute, 33 Missouri Law
Review 248 (1968)

Presentations
"Thoughts and Considerations About Settlement and Early Resolution of Drug and Medical Device Cases," Marcus Evans
Conferences, 6th Annual Drug and Medical Device Litigation Forum, Philadelphia, PA, April 2010

“Cross-Examination of the Plaintiff’s Cardiologist,” American Conference Institute (ACI) Drug and Medical Device on Trial
Conference, New York, NY, June 2009

“What You Need to Know About Data Protection Laws for Your Litigation Practices,” Culture Clash! Data Protection, Freedom
of Information and Discovery – How to Protect Your Business in Transnational Disputes, Defense Research Institute (DRI)
Europe, Munich, Germany, May 2009

Moderator, Plaintiff’s Lawyer Panel, DRI Corporate Counsel Roundtable, New York, NY, January 2009

"U.S. Class Action Litigation," Litigation Practice Group of Zurich Bar Association, Zurich, Switzerland, May 2008

Moderator, “Soft Spots: Where Corporate America is Vulnerable,” DRI Corporate Counsel Roundtable, New York, NY,
January 2008

“Jury Communication: Changing Perceptions of the Industry/FDA and Putting Adverse Events and the Approval Process in
Context,” American Conference Institute (ACI) Drug and Medical Device Litigation Conference, New York, NY, December 2007

Chair, Panel Discussion: "Catastrophic Injury Cases," 2007 Joint International Conference, London, England, May 2007

"Practice Pointers for Cross-Examination of a Science Expert," DRI Drug and Medical Device Seminar, San Francisco, CA,
May 2007
"Identifying and Minimizing Litigation Risks of Clinical Trial Data and Post-Market Adverse Event Reports," American
Conference Institute (ACI) Drug and Medical Device Litigation Conference, New York, NY, December 2006

"Defusing Mass Tort Litigation: Advanced ADR Strategies for Early Resolution of Drug and Medical Device Cases," Marcus
Evans Conference 'Mass tort litigation...and beyond', New York, NY, November 2006

"The Admissibility of Expert Witness Testimony: Debunking Junk Science," American Conference Institute (ACI), Drug and
Medical Device Litigation Seminar, Chicago, IL, June 2006

"The Liability Risks of Off-Label Promotion and Avoiding Those Risks," American Conference Institute (ACI) Fourth Annual
Minimizing Legal Risks and Drug Advertising and Promotion Seminar, Philadelphia, PA, March 2006

"An Update on Off-Label Use and Promotion," American Conference Institute (ACI) Drug & Medical Device Litigation Seminar,
New York, NY, December 2005

"Electronic Discovery in the 21st Century: Is Help on the Way?", Practising Law Institute (PLI) Electronic Discovery and
Retention Guidance for Corporate Counsel Seminar, New York, NY, November 2005

"Recent Developments in Off-Label Use and Promotion," American Conference Institute (ACI) Third Annual Conference on
Reducing Legal Risks in the Sales and Marketing of Medical Devices, Chicago, IL, November 2005

“Minimizing the Risk of Liability in the U.S. Arising from Clinical Trials,” C5 The Legal and Regulatory Risks of Clinical Trials
Conference, London, England, June 2005

“Off-Label Promotion: Marketing Pharmaceuticals in an Era of Scrutiny and Prosecution,” American Conference Institute (ACI)
Third Annual Minimizing Legal Risks in Drug Advertising and Promotion, Philadelphia, PA, June 2005

Chair, Panel Discussion: “Should there be a Defence of Regulatory Compliance in Product Liability cases?”, British Institute of
International & Comparative Law (BIICL) Conference on Pharmaceutical Regulation and Product Liability, London, England,
March 2005

“Minimizing Liability in Clinical Trials,” American Conference Institute (ACI) Second Annual Forum on Managing Legal Risks in
Conducting and Promoting Clinical Trials Seminar, New York, NY, February 2005

“Promotion of Prescription Drugs: Traps for the Unwary,” American Conference Institute (ACI) Drug and Medical Device
Litigation Seminar, New York, NY, December 2004

“Storm Warnings from Across the Ocean? The Latest Drug Liability Developments in the US,” EuroLegal Pharmaceutical
Product Liability Conference, London, England, September 2004

“Off-label Promotion: An Update,” American Conference Institute (ACI) Second Annual Minimizing Legal Risks in Drug
Advertising and Promotion, Philadelphia, PA, June 2004

“Punitive Damages in the New Millennium,” 2004 Joint International Conference, Barcelona, Spain, May 2004

Chair, Panel Discussion: “What European Companies Look for in U.S. Lawyers? What American Companies Look for in
European Lawyers?” 2004 Joint International Conference, Barcelona, Spain, May 2004

“Corporate Crisis and Response: Litigation Strategies for Survival,” International Association of Defense Counsel (IADC)
Corporate Counsel College, “Electronic Discovery in the 21st Century: Preparing for the Inevitable,” Chicago, IL, April 2004

“Potential Liability Arising From Clinical Trials,”American Conference Institute (ACI) Clinical Trials Seminar, Washington, DC,
February 2004

“An Overview of Federal and State Tort Reform,” American Conference Institute (ACI) Drug and Medical Device Litigation
Seminar, New York, NY, December 2003
“The Sulzer Hip and Knee Implant Litigation: A Class Action Settlement that Worked for Everyone,”ABA Section of Litigation,
Product Liability Committee, Current Issues in Pharmaceutical Litigation & Policy Seminar, Philadelphia, PA, November 2003

“Off-Label Promotion of Drugs: The Risks and How to Minimize Them,”American Conference Institute (ACI) Drug Advertising
and Promotion Seminar, Philadelphia, PA, June 2003

“The Insiders’ View of High Exposure Litigation: Corporate Credibility Under Siege,” International Association of Defense
Counsel (IADC) Corporate Counsel College, “Who’s the Enemy? Tending to the Relationship with Outside Counsel,” Chicago,
IL, April 2003

“Anatomy of a Lawsuit in the United States,” EuroLegal Pharmaceutical Product Liability Conference, London, England,
April 2003

“The Sulzer Hip and Knee Implant Litigation: A Class Action Settlement that Worked for Everyone,” American Conference
Institute (ACI) Drug and Medical Device Litigation Seminar, New York, NY, December 2002

“Strategy and Tactics for Handling the Multi-Forum Litigation,” International Association of Defense Counsel (IADC) Corporate
Counsel College, “The Insiders View of High Exposure Litigation,” Chicago, IL, April 2002

“Watching it Unfold: How the Courts are Interpreting the Drug and Medical Device Section of the Restatement (Third) of Torts,”
American Conference Institute (ACI) Drug and Medical Device Litigation Seminar, New York, NY, December 2001

“Anatomy of a Lawsuit in the United States,” (DRI’s Second International Conference), Brussels, Belgium, May 2001

“Managing Pharmaceutical and Device Litigation,” DRI Drug and Medical Device Litigation Seminar, Chicago, IL, May 2001

“Adverse Events and Potential Liability for Failure to Warn,” Barnett Parexel Adverse Events Seminar, Arlington, VA,
January 2001

Chair, “Strategies for the Prevention and Defense of Products Liability Litigation in the United States and Europe,” (DRI’s First
Annual Conference for European Manufacturers and Insurers), Brussels, Belgium, May 1999

“Potential Liability Issues Arising from Clinical Trials,” American Conference Institute (ACI) Drug and Medical Device Litigation
Seminar, New York, NY, December 1998

“Rule 23 – Class Actions and Multidistrict Litigation,” Tulane 10th Trial By Masters Seminar, New Orleans, LA, December 1997

“The Restatement (Third) and Its Impact on Drug and Medical Device Litigation,” American Conference Institute (ACI) Drug and
Medical Device Litigation Seminar, New York, NY, December 1997

Moderator, SHB Seminar, “International Law & Litigation: A Primer,” Kansas City, MO, November 1997

“Globalisation of Litigation - Discovery Trends,” SHB Product Liability Seminar, London, England, October 1997

“Cross-Examination of Expert Witnesses,” Fall Seminar, South Dakota Defense Lawyers Association, Sioux Falls, SD,
September 1997

Invited participant, Discovery Conference, Advisory Committee on the Civil Rules, Boston College Law School, Newton, MA,
September 1997

“Restatement (Third) of Torts — What’s That?: An Overview of Key Sections, with a Foreword from Professor James A.
Henderson, Jr.,” International Association of Defense Counsel Annual Meeting, Bermuda, July 1997

“Restatement (Third) of Torts: Products Liability,” International Association of Defense Counsel Midyear Meeting, Pebble
Beach, CA, February 1997
“Dealing with Plaintiffs’ Discovery Abuse Tactics,” DRI First Annual Meeting, Chicago, IL, October 1996

Co-Chair, Meeting of Attorneys for Self-Insureds — In-House and Outside Counsel, DRI First Annual Meeting, Chicago, IL,
October 1996

“The Product Liability Risks of Direct-to-Consumer Advertising of Prescription Drugs,” IBC’s Fifth Annual Conference: Legal
Quandaries in Advertising & Promoting Biologics & Pharmaceuticals, Boston, MA, August 1996

Open Forum Program: “Proposed Changes to Rule 23,” International Association of Defense Counsel Annual Meeting, The
Greenbrier, White Sulphur Springs, WV, July 1996

Chairman, Andrews Continuing Education Institute’s 1995 National Pharmaceutical Litigation Conference, Pasadena, CA,
October 1995

“Update on Restatement of Torts 3d,” DRI Drug and Medical Device Litigation Seminar, Seattle, WA, May 1995

“Stepping Through the Mine Field: Cross-Examining Plaintiff’s Expert at Trial,” DRI Drug and Medical Device Litigation
Seminar, Nashville, TN, June 1994

“American Law Institute Restatement of Torts (Third),” DRI Drug and Medical Device Litigation Seminar, Toronto, Canada,
May 1994

“Pitfalls of Discovery From Inside and Outside — Potential for Criminal Liability,” DRI Seminar on Corporate Criminal and Tort
Liability: The Expanding Criminalization of Business Conduct, San Francisco, CA, February 1994

Chairman, DRI Drug and Medical Device Litigation Seminar, San Francisco, CA, May 1993

“U.S. Trends in Drug & Medical Device Litigation: Storm Warnings from South of the Border,” Canadian Institute Drug and
Medical Device Liability Seminar, Toronto, Canada, October 1992

Chairman, DRI Drug and Medical Device Litigation Seminar, Boston, MA, May 1992

“Products Liability in the 90’s,” Rockhurst College Executive Fellows MBA Program, Rockhurst College, Kansas City, MO,
April 1992

Chairman, DRI Drug and Medical Device Litigation Seminar, Chicago, Illinois, April 1991

“General Civil, Personal Injury and Business ADR,” Kansas City Metropolitan Bar Association Seminar on Alternative Dispute
Resolution, Kansas City, MO, October 1990

“Exclusion or Limitation of Expert Witness Testimony,” Drug & Medical Device Litigation Seminar, Eli Lilly and Company,
Indianapolis, IN, August 1990

Chairman, Open Forum Program: “The Pendulum Swings Back: Defending Crashworthiness Cases in the 1990’s,”
International Association of Defense Counsel Annual Meeting, The Greenbrier, White Sulphur Springs, WV, July 1990

“Practical and Ethical Considerations in Dealing with Treating Physicians and Expert Witnesses for the Plaintiff,” DRI Drug and
Medical Device Litigation Seminar, Hotel del Coronado, San Diego, CA, May 1989

“Cross Examination of Adverse Experts at Deposition and Trial: How to Maintain Control,” Joint Meeting of the Alabama,
Mississippi, Tennessee & Florida Defense Lawyers Associations, Opryland Hotel, Nashville, TN, April 1989

“Restrictions on the Use of Expert Witnesses,” DRI Drug and Medical Device Litigation Seminar,Westin Hotel Copley Place,
Boston, MA, April 1988
Open Forum Program: “How to Try a Toxic Tort Case,” International Association of Defense Counsel Annual Meeting, The
Broadmoor, Colorado Springs, CO, June 1987

“Often Seen But Misunderstood Problems Faced by Litigators in Deposition,” ABA TIPS Second Annual Spring Meeting, Omni
Shoreham Hotel, Washington, D.C., May 1987

“Update on Recent Cases,” DRI Drug and Medical Device Litigation Seminar, The Stanford Court, San Francisco, CA,
April 1987

“Product Liability – Drug Manufacturer’s Duty to Warn” and “Preparing the Toxicologist for Trial,” International Association of
Defense Counsel, Toxicology and Toxic Torts Symposium, Beaver Run Resort, Breckenridge, CO, March 1987

“Learning the Federal Rules of Evidence the Easy Way,” International Association of Defense Counsel Mid-Year Meeting, The
Breakers, Palm Beach, FL, February 1987

“How to Settle the Impossible Case,” International Association of Defense Counsel Annual Meeting, The Greenbrier, White
Sulphur Springs, WV, July 1986

“Evidence Issues in Drug and Device Cases,” DRI Drug and Medical Device Litigation Seminar, Washington, D.C., April 1986

“Product Liability Law: Recent Developments Affecting Pharmaceutical Manufacturers,” Drug Information Association
Workshop, Washington, D.C., March 1986

Seminars on Packaging Security in the Pharmaceutical Industry (following the Tylenol tragedy and the FDA’s promulgation of
packaging regulations), 1982-83, [New Brunswick, New Jersey, November 1982, Los Angeles, CA, January 1983, Park City,
UT, February 1983, Dorado, Puerto Rico, June 1983]

Kansas City Bar Association, Products Liability Seminar, October 1981

U.S. International Foundation for Studies in Reproduction, Inc., Medico-Legal Seminar: Pan-American Conference on Fertility &
Sterility, Dorado, Puerto Rico, February 1977

Licenses
Mr. Kaplan is admitted to practice before the Supreme Court of the United States; the U.S. Court of Appeals for the Fourth,
Fifth, Sixth, Eighth, Ninth and Tenth Circuits; the U.S. Tax Court; the Missouri Supreme Court; and the federal courts of
Missouri, Kansas, Arizona and Nebraska.

Education
1968 J.D., University of Missouri-Columbia School of Law

1965 B.S., University of Michigan (Pharm)

PRACTICE AREAS
Pharmaceutical & Medical Device
Global Product Liability
Business Litigation
International Litigation & Dispute Resolution
Life Sciences & Biotechnology

				
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