Robert E. Johnston’s practice focuses on trials and appeals of complex litigation matters, with an _emphasis on defending pharmaceutical product liability litigation and on prosecuting insurance _coverage disputes for corporate clients. In 2015, he was selected by Corporate America Legal Elite for Best in Product Liability Litigation-Washington, DC.
Mr. Johnston has served as co-lead _trial counsel in multiple pharmaceutical products liability trials, including Hogan v. Novartis Pharm. Corp., No. 1-06-CV-00260-BMC (E.D.N.Y. 2011), which _resulted in a defense verdict for our client. He manages the defense of class action, consolidated, and serial litigations and represents _clients in significant individual matters as well. He has developed key liability defenses to sweeping allegations of corporate _misconduct, and he has worked with experts and senior company employees to advance those _defenses in depositions and at trial. He defends depositions of corporate employees and has been involved in motions disputing the admissibility at trial of videotaped corporate depositions. He prepared eight corporate witnesses to testify at trial in Meng v. Novartis Pharm. Corp., No. MID-L-7670-07-MT (N.J. Super. Ct. Law Div. May 15, 2013) in New Jersey, and in Davids v. Novartis Pharm. Corp., No. 06-CV-431 (E.D.N.Y.2012) in New York federal court (where he served as co-lead trial counsel). Mr. Johnston has developed and presented the testimony of scientific experts and cross-examined plaintiffs’ experts both at deposition and trial. In support of his work developing liability defenses, he is co-leader of the Firm’s e-Discovery group. He has experience implementing court-approved document review strategies and stays current on developments regarding Technology Assisted Review and other emerging document review protocols. He has supervised productions numbering in the tens of millions of pages of documents and regularly counsels clients regarding e-Discovery issues. He is a member of The Sedona Conference.