Concentration

Life sciences litigation, including defense of product liability and third party payor claims, government investigations and intellectual property

Summary

Aaron Davidson’s practice encompasses a range of complex commercial disputes, focusing primarily on the defense of pharmaceutical and medical device manufacturers. He also has experience in other commercial matters, including consumer and commercial arbitrations, the defense of professional liability claims, prosecution and defense of intellectual property claims and assisting in responding to government investigations.

Representative Engagements

Pharmaceutical Industry

• Pharmaceutical manufacturer - Defending product liability lawsuits regarding alleged “off-label” marketing and claims that the product causes metabolic dysregulation
• Pharmaceutical manufacturer - Preparing and defending more than sixty pharmaceutical sales representatives and other marketing witnesses in litigation regarding an antipsychotic medication
• Pharmaceutical manufacturer - Defending claims filed by states and third party payors regarding the marketing and pricing of an antipsychotic medication
• Pharmaceutical manufacturer - Assisting in response to requests for information by various government agencies regarding sales force compensation and other sales and marketing issues; presentations to government lawyers and investigators
• Pharmaceutical manufacturer - Obtained summary judgment on failure-to-warn claim regarding an alleged movement disorder side effect

Intellectual Property Litigation

• Medical device manufacturer - Prosecution and defense of patent infringement claims regarding cataract surgery equipment inventions
• Medical device manufacturer - Prosecution of patent infringement claims for dental and sleep apnea devices
• Wireless telephone services provider - Representation of defendant in a patent infringement lawsuit; defendant uncovered evidence of forged assignment documents and inventors’ declarations; plaintiff dismissed the lawsuit with prejudice, granted a license of patent rights and made a payment to the defendant
• Electronic futures trading company - Representation of the plaintiff patent owner in a lawsuit concerning a patent for electronic trading; case settled for more than $30 million
• Semiconductor manufacturer - Defending against price erosion and willfulness claims in patent lawsuit
• Taco restaurant owner - Defense of trade dress and trade secret misappropriation claims; obtained summary judgment on all claims

Professional Liability

• Big Four accounting firm - Defense in multijurisdictional lawsuits filed in connection with a failed risk retention group that insured extended warranty contracts for automobiles
• Consulting firm - Obtained dismissal of plaintiff’s claims regarding alleged negligent valuation of a company acquired by plaintiff

General Commercial Litigation

• Representation of liquidators of an off-shore private equity fund entity in their claims against companies and individuals who received more than $50 million in asset-based lending; case settled on favorable terms
• Electronics manufacturing services company - Defense of breach of contract and fraud claims in an arbitration; case settled on favorable terms
• Telephone services provider/consultant - Obtained summary judgment on claims of more than $15 million in connection with plaintiffs’ loss of use of the number 888-888-8888
• Information technology outsourcing company - Defense of the company in connection with an SEC investigation and nationwide securities class action

Publications, Speeches and Presentations

• “You Can’t Handle the Truth! The First Amendment and FDA’s Prohibition of Off-Label Promotion by Pharmaceutical and Medical Device Manufacturers,” Dallas Bar Association—Health Law Section, April 2012
• “You’ve Been Warned: FDA Warning Letters Are Not Final Agency Actions, But They Carry More Risk Than Ever,” Baker Botts Life Sciences Client Update, February 2012
• “Restraining the Detailers,” Baker Botts Pharmaceutical Litigation Practice Group CLE, October 2008.
• “I Want My Censored MTV: Malaysia’s Censorship Regime Collides With the Economic Realities of the Twenty-First Century,” Vanderbilt Journal of Transnational Law, January 1998