Earl B. Austin



New York

P: +1.212.408.2564 F: +
Earl Austin Photo

With more than 25 trials in eight states, Earl Austin has a national trial practice representing Fortune 500 corporations in complex commercial, class action and mass tort litigation, with a particular focus on the life science and health care industries.

Co-head of Baker Botts' Life Sciences Practice, Mr. Austin has more than 35 years of experience representing a variety of life science and health care companies in a wide range of civil litigation matters. Mr. Austin has served as national trial and coordinating counsel for several major pharmaceutical companies in class action and mass tort litigation. He also has handled complex commercial and intellectual property litigation, as well as False Claims Act and related governmental litigation, for a number of life science and health care companies, and also has teamed with the firm's IP lawyers in Inter Partes Review proceedings before the United States Patent and Trademark Office.

In addition, to his life science and health care practice, Mr. Austin also represents clients in the chemical and technology sectors, and counsels clients regarding manufacturer-supplier agreements, insurance contracts, product labeling and other administrative matters.

Mr. Austin has handled trial and appellate matters in more than thirty states and has assisted Canadian counsel in class action litigation.

Related Experience

  • Major health insurance company – national counsel in a variety of commercial, class action, ERISA and False Claims Act litigation and arbitration matters
  • Major pharmaceutical manufacturer – prosecution of breach of contract action arising from deficiencies in supplier’s manufacturing facility
  • A medical software manufacturer – successful defense of False Claims Act action involving alleged Medicare/Medicaid billing violations 
  • AstraZeneca – national coordinating counsel in Seroquel litigation
  • Novartis Consumer Health, Inc. – representation as national and regional coordinating counsel in products liability and consumer class action litigation
  • Novartis Pharmaceuticals Corporation – Parlodel and other pharmaceutical product litigation
  • Connecticut General Life Insurance Company – black mold litigation concerning a 250-unit apartment complex
  • Aircraft manufacturer – successful defense in arbitration of customer breach of contract claim involving allegedly defective turboprop aircraft 
  • Hoffmann-La Roche Inc. – infant formula and pharmaceutical product litigation
  • Velsicol Chemical Corporation – chlordane litigation
  • GTE Corporation – a series of multistate consumer class action cases
  • Texas Oncology Physicians Association – antitrust litigation

Awards & Community

Recommended in The Legal 500 U.S., 2012-2014

Recognized by LMG Life Sciences as a “Life Science Star,” 2012-2015

Listed in The Best Lawyers in America, 2007-2019

Recognized as a New York Super Lawyer, 2011-2013 & 2016

Recognized as a Texas Super Lawyer, 2006-2009

Recognized in Chambers USA, 2007-2008, 2014-2015

Listed in Product Liability, Who's Who Legal: Life Sciences, 2016