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Paul W. Schmidt
Paul Schmidt is a trial lawyer who has led the defense of some of the most complex litigations nationwide.
Mr. Schmidt has been recognized by the National Law Journal as one of the nation's top litigators in its "Top Litigators Share Winning Strategies" feature. His wins have been recognized by American Lawyer (Product Liability Litigation Department of the Year and "Covington Lawyers Kill on Cross-Exams in Cymbalta Case"), National Law Journal (recognizing Covington as Washington Litigation Department of the Year finalist), and Law360 ("Roche Still Perfect In Accutane Appeals with Defiant Tactic"). Chambers USA reports that he comes highly recommended for his "stellar trial experience" and "exceptional advocacy," with one source describing him as "the Swiss Army knife of litigation." Mr. Schmidt "continues to impress sources with his successful track record in pharmaceutical litigation and appeals" and is "an exceedingly bright lawyer."
Mr. Schmidt’s recent trial work includes wins for Boehringer in Pradaxa litigation, Lilly in Cymbalta litigation, Hoffmann-La Roche Inc. in Accutane litigation, and the National Football League in complex labor and commercial disputes. He also led Genentech's presentation in a first-of-its-kind FDA hearing over the withdrawal of accelerated approval for a medication. Finally, he has served as Lead Counsel in several multidistrict litigations.
Mr. Schmidt has also successfully argued appeals before state and federal courts around the country, obtaining wins that have been recognized by the National Law Journal in its Appellate Hot List. These wins have included several rulings for Hoffmann-La Roche Inc. dismissing claims that acne drug Accutane causes depression, birth defects, and suicide.
- Two trial wins for Boehringer as lead trial counsel in Pradaxa lawsuits.
- Secured MDL-ending Daubert wins as co-lead counsel for Bayer in Mirena litigation.
- Three trial wins for Lilly as lead trial counsel in Cymbalta lawsuits.
- In Re Accutane trials: trial counsel for Hoffmann-La Roche in four trials over the past several years involving nine plaintiffs, with the plaintiffs alleging personal injury from Accutane® use.
- Lead Counsel in Pradaxa multi-district litigation through successful resolution of thousands of claims.
- Accutane appeals: representing Hoffmann-La Roche in a series of appeals of trial verdicts and dispositive motion grants, including successfully arguing 17 cases before federal and state courts.
- Avastin withdrawal hearing: represented Genentech in a first-of-its-kind FDA hearing over the withdrawal of the breast cancer indication for Avastin®.
- Trial counsel for GSN and Tennis Channel in cases tried before the Federal Communications Commission.
- NFL trials: trial counsel for the National Football League in a lawsuit brought by the players’ union over multi-billion television contracts and in a lawsuit brought by the League against Comcast over carriage of the NFL Network.
Pro Bono
- Trial counsel for prisoner in an evidentiary hearing seeking retrial of original murder conviction.
- Represented murder defendant charged with two fatal shootings, including by successfully arguing a suppression issue before Maryland’s highest court.
- Successful representation of a family in a civil rights lawsuit against the Richmond Police Department over the shooting of an unarmed man. See Johnson v. City of Richmond, 2005 WL 1668080 (E.D. Va. June 16, 2005); see also Jim Nolan, “Monroe Wants Use of Force Reviewed,” Richmond Times-Dispatch (March 16, 2005) (new police chief announcing sweeping changes to City’s use-of-force training following extensive discovery on this training).
Memberships and Affiliations
- Federation of Defense & Corporate Counsel, Member
January 13, 2020
WASHINGTON—The American Lawyer has named Covington as its Product Liability Litigation Department of the Year for the second time. The firm was also recognized as a finalist for the White Collar Department of the Year and “honorable mention” for general Litigation Department of the Year. In its profile, The American Lawyer highlights Covington’s product ...
A Shared Purpose: Covington, Products Liability Litigation Department of the Year Winner
December 29, 2019, The American Lawyer
October 25, 2019
WASHINGTON—The National Law Journal has named Covington to its “Appellate Hot List” for the eighth time. Lawyers and law firms featured in the annual special report were recognized for winning “key matters before the U.S. Supreme Court and federal courts of appeals.” Over the past two years, lawyers in Covington’s Appellate and Supreme Court practice ...
The National Law Journal - Products Liability/Mass Torts
June 3, 2019, The National Law Journal
The National Law Journal - General Litigation Winner
June 3, 2019, The National Law Journal
May 28, 2019
WASHINGTON—The National Law Journal has named Covington one of three Washington, D.C. Litigation Departments of the Year. The firm was also named Product Liability/Mass Torts Department of the Year. With the largest litigation practice in Washington, Covington won a “string of victories” that “solidified the firm’s reputation as an inside-the-Beltway ...
Four Covington Partners Named Law360 MVPs
December 12, 2018
WASHINGTON—Law360 has named four Covington partners as MVPs in their respective practice areas. The awards single out lawyers from across numerous practice areas based on their success in high-stakes litigation, complex global matters, and record-breaking deals. The Covington lawyers recognized as Law360 MVPs are: Shara Aranoff, International Trade. Ms. ...
Law360 MVP: Covington's Paul Schmidt
November 30, 2018, Law360
Paul Schmidt has been named a 2018 Product Liability MVP by Law360. The publication highlights a significant appellate victory in the New Jersey Supreme Court for his client Hoffmann-La Roche as well as multiple trial wins in other pharmaceutical cases.
August 2, 2018, Covington Alert
On August 1, 2018, the New Jersey Supreme Court issued a unanimous decision affirming a trial court’s exclusion of scientifically unfounded expert causation testimony in the Accutane litigation. The decision, which ends over 2,100 lawsuits against Hoffmann-La Roche Inc. and Roche Laboratories Inc. (“Roche”), represents the Supreme Court’s first statement on New ...
May 11, 2018, The AmLaw Litigation Daily
Phyllis Jones was named a “Litigator of the Week” by The AmLaw Litigation Daily for her successful representation of Boehringer Ingelheim, which was hit with a new wave of lawsuits alleging that Pradaxa caused excessive bleeding. On March 23, Jones and Paul Schmidt secured the first victory, and on May 7, she achieved another defense win before a Connecticut ...
Product Liability Group Of The Year: Covington & Burling
January 30, 2018, Law360
Covington was named a 2017 Product Liability Practice Group of the Year by Law360. According to Paul Schmidt, "It's a pretty new group, relatively speaking, and a younger group. Our practice probably started 10 years ago and has really been completely built into a top-tier practice over that time-frame. … I think that gives us a certain nice energy." He adds ...
April 16, 2017, The Litigation Daily
The Litigation Daily highlights Covington’s representation of Roche in the ongoing Accutane litigation, which recently saw a momentous defense ruling, likely leading to the dismissal of the nearly 3,000 remaining cases. Covington’s Product Liability team is led by Paul Schmidt and Michael Imbroscio.
Product Liability Group Of The Year: Covington & Burling
January 17, 2017, Law360
Law360 selected Covington’s Product Liability practice as a “Practice Group of the Year,” profiling the team’s defense of Takata in litigation over potentially explosive airbags and Bayer Healthcare in multidistrict litigation (MDL) over Mirena IUDs, among other matters. According to Paul Schmidt, the firm’s range of work showcases its diversity of ...
Litigation Powerhouse: Covington & Burling
August 12, 2016, Law360
John Hall, Paul Schmidt, Michael Imbroscio, and Stephen Anthony are quoted in the Law360 profile of the firm for the “Litigation Powerhouse” series. According to Hall, “What we have that other firms don't have is this incredible depth of regulatory and prior government experience that we bring to bear in almost all of our matters.” Schmidt, commenting on the ...
The American Lawyer Names Covington “Litigation Department of the Year: Product Liability”
December 22, 2015
WASHINGTON, DC, December 22, 2015 - The American Lawyer has named Covington its “Litigation Department of the Year: Product Liability.” The magazine recognizes the firm for its “string of big victories in trial and appellate courts, major settlements, plus a creative strategic edge that sets it apart.” In its profile of the firm in its January 2016 issue, The ...
Four Covington Partners Named Law360 MVPs
November 25, 2015
WASHINGTON, DC, November 25, 2015 - Law360 has named four Covington partners as MVPs in their respective practice areas. The awards single out lawyers from across 31 practice areas based on their success in high-stakes litigation, record-breaking deals, and complex global matters. The Covington lawyers recognized as Law360 MVPs are: Ray Biagini, ...
November 2, 2015
Paul Schmidt is featured in The National Law Journal’s special report on Top Litigators, where he shares some of his winning strategies. "The keys are to humanize the company and explain the science in a clear, understandable way," he says.
November 2, 2015
WASHINGTON, DC, November 2, 2015 - The National Law Journal named Covington partner Paul Schmidt to its 2015 “Winning: A Special Report,” an annual feature profiling litigators with significant trial victories and their successful strategies. This year’s list includes 20 of the top litigators in the United States. The report highlighted Mr. Schmidt’s role as ...
Shout Out: Covington & Burling LLP
August 18, 2015, The Am Law Litigation Daily
Covington lawyers were recognized for winning their third trial in four weeks on behalf of Eli Lilly in the Cymbalta litigation. The latest victory occurred in the U.S. District Court for the Eastern District of Virginia after a six-day trial. The team included partners Michael Imbroscio, Phyllis Jones and Paul Schmidt.
Covington Lawyers Kill on Cross-Exams in Cymbalta Case
August 14, 2015, The Am Law Litigation Daily
Phyllis Jones, Paul Schmidt, and Michael Imbroscio are quoted in an Am Law Litigation Daily article regarding their victory on behalf of client Eli Lilly in the Cymbalta litigation that looks closely at the cross-examination which exploited holes in plaintiff Erin Hexum’s case. During Hexum’s questioning, Jones used personal details from prior testimony to ...
April 14, 2015
WASHINGTON, DC, April 14, 2015 — Am Law Litigation Daily named Covington’s Paul Schmidt and Michael Imbroscio “Litigators of the Week” for leading the defense of Hoffmann-La Roche in the extensive litigation over its acne medication Accutane. Mr. Schmidt and Mr. Imbroscio scored a major victory on April 2 when they convinced a New Jersey state court judge ...
April 10, 2015, Am Law's The Litigation Daily
Covington's Paul Schmidt and Michael Imbroscio were named "Litigators of the Week" by AmLaw for their successful representation of Hoffmann-La Roche Inc.: "Not so long ago, Hoffmann-La Roche Inc. faced a grim reality in sprawling litigation over the acne medication Accutane." "In 2007, New Jersey judge Carol Higbee handed an edge to plaintiffs lawyers at ...
February 23, 2015, Am Law Litigation Daily
February 23, 2015, Reuters
Covington's Mike Imbroscio and Paul Schmidt are mentioned regarding their successful representation of Roche in convincing a New Jersey judge to reject the testimony of plaintiffs’ experts who had linked its acne medication Accutane to Crohn's disease.
November 26, 2014, Law360
Covington partner Paul Schmidt was named a Law360 MVP in product liability law.
Covington’s Paul Schmidt Named Law360 MVP
11/26/2014
WASHINGTON, DC, November 26, 2014 — Law360 named Covington & Burling partner Paul Schmidt a “most valuable player” in product liability law. Law360’s “MVP of the Year” awards recognize lawyers who have had successes in high-stakes litigation, complex global matters, and record-breaking deals in the past year. In its profile of Mr. Schmidt, Law360 highlighted his ...
Law360 MVP Awards Go To Legal Aces From 78 Firms
November 18, 2014, Law360
Covington partners David Fagan, Doug Gibson, Paul Schmidt and Robert Wick were named Law360 MVPs in their respective practices.
November 21, 2013
WASHINGTON, DC, November 21, 2013 — Washingtonian magazine has named 34 Covington & Burling attorneys as “Best Lawyers” in its December issue. The biennial list, compiled by the magazine’s editorial staff, identifies leading lawyers in the Washington area. Of the hundreds of “Best Lawyers” identified in the issue, Washingtonian spotlights 14 leading Washington ...
NLJ Names Covington to Appellate Hot List
June 3, 2013
WASHINGTON, DC, June 3, 2013 — For the fifth time, The National Law Journal has named Covington & Burling to its “Appellate Hot List.” The 2013 list recognizes firms whose appellate track records over the past year have included significant victories in cases that affect the course of industries, vindicate important constitutional rights, and have high financial ...
Covington Wins Landmark Ruling for Tennis Channel
July 25, 2012
WASHINGTON, DC, July 25, 2012 — The Federal Communications Commission handed a decisive victory to the Tennis Channel yesterday in its discriminatory carriage lawsuit against Comcast Cable Communications, the largest distributor of video programming content. Covington & Burling secured the victory against the largest content distributor in the nation. The ...
Covington Wins Major Decision for Tennis Channel
December 21, 2011
WASHINGTON, DC, December 21, 2011 — Following an eight-day bench trial, a Federal Communications Commission Administrative Law Judge ruled in favor of Tennis Channel in its discriminatory carriage lawsuit against Comcast Cable Communications. This historic decision is the first time any independent programming network has won a discrimination case against a ...
November 30, 2011
WASHINGTON, DC, November 30, 2011 — Washingtonian magazine has named 34 Covington & Burling attorneys as “Best Lawyers” in its December issue. The biennial list, compiled by the magazine’s editorial staff, identifies leading lawyers in the Washington area. Of the approximately 800 “Best Lawyers” identified in the issue, Washingtonian included profiles of 31 ...
June 10, 2011
WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 123 individual mentions and 45 practice mentions in Chambers USA 2011. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...
Making and Preserving Your Record: Strategies for Trial Attorneys to Maximize Success on Appeal
May 5, 2011, DRI Drug and Medical Device Seminar
Dissecting Evolving Claims against Generic Drugs and the Naming of Brand Manufacturers as Co-Defendants
December 8, 2010, ACI Drug and Medical Device Conference
June 16, 2010
WASHINGTON, DC, June 16, 2010 — Covington & Burling LLP received 112 individual mentions and 44 practice mentions in Chambers USA 2010. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...
Three Covington Partners Named ‘Rising Stars’ by Law360
4/8/2010
WASHINGTON, DC, April 8, 2010 — Three partners at Covington & Burling LLP have been selected as “Rising Stars” by Law360. The online legal publication describes each of the partners as one of the 10 best lawyers under the age of 40 in his respective practice area. Named as “Rising Stars” are David Fagan in international trade, Seth Safra in employment, and Paul ...
March 19, 2010
WASHINGTON, DC, March 19, 2010 — A jury in Middlesex County, New Jersey has ruled in favor of AstraZeneca in the first U.S. trial over its antipsychotic medication Seroquel. The state court panel returned its verdict March 18 following six hours of deliberations. A trial group from Covington & Burling LLP led by Mike Brock worked with teams from Dechert LLP and ...
Disqualifying Plaintiff Experts
December 9, 2009, ACI Drug and Medical Device Conference
Washingtonian Names 25 Covington Attorneys ‘Top Lawyers’
11/23/2009
WASHINGTON, DC, November 23, 2009 — Twenty-five Covington & Burling LLP attorneys are recognized as “Top Lawyers” in the December issue of Washingtonian magazine. The list, compiled by the magazine’s editorial staff, identifies leading lawyers in the Washington area. Of the “Top Lawyers,” Washingtonian identified 30 as “stars of the bar.” Among them is Michael ...
9/18/2009
WASHINGTON, DC, September 18, 2009 — Four Covington & Burling LLP partners were recognized at the Washington Business Journal’s “2009 Top Washington Lawyers” awards gala held last night at The Fairmont Washington. Tony Herman, who chairs the firm’s public service committee, was named the “Top Washington Lawyer” in the pro bono category. Paul Schmidt, a ...
7/13/2009
WASHINGTON, DC, July 13 2009 — The National Law Journal has named Covington & Burling LLP partners Erin Egan and Paul Schmidt to its survey of “40 Under 40.” The list, which is featured in the July 13 issue, recognizes 40 Washington-area lawyers under the age of 40 who have already made their marks in private practice, government service, or the public interest ...
Pharmacovigilance and Product Liability
June 24, 2009, Drug Information Association, 45th Annual Meeting
June 12, 2009
WASHINGTON, DC, June 12, 2009 — Covington & Burling LLP received 100 individual mentions and 40 practice mentions in Chambers USA 2009. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...
How Wyeth v. Levine Affects the Pharmaceutical Industry
June 3, 2009, Drug Litigation Conference
Preemption of Product Liability Litigation on FDA-Regulated Products
May 19, 2009, BIO Annual Meeting
A New Order in the Courts? Hot Topics in Litigation for Biopharmaceutical Companies
April 4, 2009, PhRMA Annual Meeting
March 9, 2009, Covington E-Alert
Assessing Congressional and Political Influence on Product Liability Litigations
December 11, 2008, ACI Drug and Medical Device Conference
Implied Preemption - Bracing for Potential Reform to Pharmaceutical Preemption Law
July 14, 2008, American Conference Institute, Drug and Device Preemption
Product Liability and Drug-induced Injury: Adverse Event Reporting in the US and the Law in Europe
June 26, 2008, Drug Information Association, 44th Annual Meeting
April 15, 2008, Covington E-Alert
Covington Named to NLJ’s ‘Appellate Hot List’
4/9/2008
WASHINGTON, DC, April 9, 2008 — Covington & Burling LLP has been named to The National Law Journal’s inaugural “Appellate Hot List.” The “Hot List,” featured in the publication’s April 7 issue, recognizes 20 firms whose appellate track records included significant 2007 victories in cases with high financial stakes or that presented important legal principles. ...
February 27, 2008, Covington E-Alert
Direct-to-Consumer Marketing: Pros and Cons
February 13, 2008, Regulatory Affairs Professionals Society
Direct-to-Consumer Advertising: Its Effect on the Learned Intermediary Doctrine and Beyond
December 14, 2007, American Conference Institute, Drug and Medical Device Litigation Conference
March 29, 2007, Covington E-Alert
2007, International Comparative Legal Guide to: Product Liability
Covington Announces Ten New Partners
10/5/2006
WASHINGTON, D.C., October 5, 2006 — Covington & Burling LLP announced the election of ten new partners, effective October 1. Stuart Stock, chair of the firm’s management committee, commented, “These remarkable lawyers reflect the strength and diversity of our firm and its practice. We are very pleased to have them as members of our partnership.” Covington’s ...
- Chambers Global, Litigation: Trial Lawyers (2021)
- Chambers USA, Litigation: Trial Lawyers (2020)
- Am Law Litigation Daily, "Litigator of the Week" (4/9/2015)
- Law360, "Product Liability MVP" (2018, 2014)
- Washington DC Super Lawyers, Products: Defense, Appellate & Class Action/Mass Torts (2013-2020)
- Super Lawyers Business Edition, Products: Defense (2014)
- Chambers USA, Products Liability & Mass Torts (2009-2020)
- The National Law Journal, Appellate Hot List (2013, 2009)
- Legal 500 US, Products Liability & Mass Tort Defense: Pharmaceuticals & Medical Devices (2013-2017)
- Legal 500 US, Supreme Court & Appellate (2013-2015, 2017)
- Who's Who Legal, Product Liability Defence (2012-2016)
- The National Law Journal, 40 Under 40 (2009)
- Euromoney, Benchmark: The Guide to America’s Leading Litigation Firms and Attorneys, Local Litigation Star - DC (2015); Future Litigation Star, DC (2013-2014)
- Washingtonian, Top Lawyer (2009, 2011, 2013, 2015, 2017, 2018)
- Law360, Rising Star - Product Liability (2010)
- Washington Business Journal, Top Washington Lawyer, "Young Gun" (2009)
Practices
Education
New York University School of Law, J.D., 1998
- magna cum laude
- Order of the Coif
- New York University Law Review, Senior Notes Editor
University of British Columbia, B.A., 1992
- with honors