Alan Klein: Lawyer with Duane Morris LLP

Alan Klein

Philadelphia,  PA  U.S.A.
Phone215 979 1150

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AV® Preeminent

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Practice Areas

  • Commercial Litigation
  • Products Liability
  • Toxic Torts
  • Professional Liability
  • Asbestos Defense
  • Energy Facility Siting
  • Nuclear Energy
  • Insurance
  • Reinsurance
  • Trial Practice
Contact InfoTelephone: 215 979 1150
Fax: 215 689 2741
University Drexel Institute of Technology, B.S., 1965
Law SchoolVanderbilt University Law School, J.D., 1968
Admitted1969, Pennsylvania; Supreme Court of Pennsylvania; Supreme Court of the United States; U.S. District Court for the Eastern District of Pennsylvania; U.S. Court of Appeals for the Third Circuit; U.S. Court of Appeals for the Sixth Circuit

Professional Activities

•Defense Research Institute
- Drug and Medical Device Committee
- Lawyers' Professionalism and Ethics Committee
•American Bar Association
- Section of Litigation
•Pennsylvania Bar Association
•Philadelphia Bar Association
- Former Member, Fee Disputes Committee
- Former Member, Civil Rights Committee
- Former Member, Ethics Committee
•American Trial Lawyers Association
•Pennsylvania Trial Lawyers Association
•Philadelphia Trial Lawyers Association
•Philadelphia Court of Common Pleas
- Settlement Master and Arbitrator
•United States District Court for the Eastern District of Pennsylvania
- Mediator and Arbitrator
•Leadership Council in Legal Diversity
- Diverse Law Student Mentor

Board Memberships

•Public Interest Law Center of Philadelphia
- Former Board Member
- Member, Advisory Board, 1990-2000
•Oak Lane Day School, Blue Bell, Pennsylvania
- Board President, 1997-2005
•Multi-Cultural Academy Charter School, Philadelphia, Pennsylvania
- Member, Board of Directors, 2002-present
- President, Board of Directors, 2011-present

BornPhiladelphia, Pennsylvania, December 29, 1942

Alan Kleinconcentrates his practice in litigation and handles a wide variety of cases with a focus on products liability and toxic torts. He has served as national, regional and local counsel for Fortune 5 to 500 companies and other clients in a wide variety of cases, including class action antitrust and securities litigation and complex commercial cases. Among the many products and toxic torts cases he has handled are those involving brand and generic pharmaceuticals, over-the-counter drugs, ephedra, medical and dental devices and equipment, asbestos (personal injury and property damage), benzene and other chemicals, plastics, wood products, toxic mold, electronic controls, fire and burglar protection systems, construction materials, power mowers, lawn tractors and landscaping equipment, automobiles, lead-based paint, computers, and both fossil fuel and nuclear powered electrical generating equipment and facilities. Mr. Klein has actively litigated class action and mass tort cases in many MDL and consolidated state court proceedings. He was appointed MDL liaison counsel for a pharmaceutical manufacturer in the diet drug litigation (fen-phen), and defended federal and state court litigation in phenylpropanolamine (PPA) cases. He also counsels clients on electronic discovery and data security and privacy issues.

A past member of the Board of Directors of the Public Interest Law Center of Philadelphia, Mr. Klein has served on its Advisory Board. He is a past Board president of Oak Lane Day School in Blue Bell, Pennsylvania, and current president of the Board of Directors of the Multi-Cultural Academy Charter School in Philadelphia, one of the most successful Title I charter high schools in Pennsylvania, and one of only six designated by the Commonwealth as a Distinguished Charter School. Mr. Klein is a member of the Defense Research Institute and its Drug and Medical Device Section and Professionalism and Ethics Committee, and is a member of the American, Pennsylvania and Philadelphia bar associations as well as the American, Pennsylvania and Philadelphia Trial Lawyers Associations. He has served as an arbitrator and mediator for the U.S. District Court for the Eastern District of Pennsylvania and as an arbitrator in state court cases in Philadelphia. Mr. Klein has also organized and participated in seminars sponsored by the American Conference Institute, the American Bar Association, the Pennsylvania Bar Institute, IQPC and Mealey's.

Mr. Klein is a graduate of Vanderbilt University School of Law and Drexel Institute of Technology (now Drexel University). Mr. Klein served as a law clerk to the Hon. George Edwards of the U.S. Court of Appeals for the Sixth Circuit.


•Duane Morris LLP, Philadelphia, Pennsylvania
- Partner, 2003-present
- Past Coordinating Partner, Current Member, Products Liability and Toxic Torts Practice Group
- Member, ANDA Practice Group
- Member, China Group
- Member, E-Discovery Practice Group
•Hangley Aronchick Segal & Pudlin, Philadelphia, Pennsylvania
- Shareholder, 1995-2003
•Cohen, Shapiro, Polisher, Shiekman and Cohen, Philadelphia, Pennsylvania
- Partner, 1989-1995
•Drinker, Biddle & Reath, Philadelphia, Pennsylvania
- Partner, 1977-1988
- Associate, 1969-1971; 1972-1976
•Office of the Philadelphia District Attorney
- Assistant District Attorney, Major Trials Division, 1971-1972
•United States Court of Appeals for the Sixth Circuit
- Judicial Clerk, Honorable George Edwards, 1968-1969


•Listed inSuper Lawyers Corporate Counsel Edition, Personal Injury Defense: Products, 2009 and 2010
•AV Preeminent Peer Review Rated by Martindale-Hubbell

Civic and Charitable Activities

•Philadelphia Diversity Law Group, 2004-present
•Community Legal Services, 1969-1989
•Volunteer Lawyers for the Arts, 1969-1985
•Philadelphia Reads
- Reading Coach, 1998-present

Selected Publications

•Editor and contributor of a monthly featured article in Generics WebINNsightInternet newsletter, 2010 to present
•Co-author, A New Paradigm for Challenges for Cause in Pennsylvania,Pennsylvania Law360, March 27, 2014
•Author, Generic Pharmaceutical Meeting Airs Key Challenges Facing the Industry, Generics WebINNSight, Sydney, Australia, March 2014
•Co-author, There May Be A Paradigm Shift In Generic Drug Labeling, published online inLaw360, November 12, 2013, and republished in Generics WebINNSight, Sydney, Australia, November 2013
•Co-author, FDA Proposed Rule Would Require Generics to Update Label Warnings Even Before Branded Pharmaceuticals Do,Duane Morris Alert, November 12, 2013
•Author, U.S. Biosimilars Development Continues Notwithstanding Legislative and Regulatory Hurdles, Generics WebINNSight, Sydney, Australia, September 2013
•Author, U.S. Supreme Court Finds Patent Settlements Subject to Antitrust Scrutiny, Generics WebINNSight, Sydney, Australia, June 2013
•Author, U.S. Supreme Court to Decide Key Issues in Two Pharma Cases, Generics WebINNSight, Sydney, Australia, December 2012
•Author, The Validity of Branded Drug Patent Litigation Settlement Agreements Are Primed for U.S. Supreme Court Review, Generics WebINNSight, Sydney, Australia, July 2012
•Author, Generics Demand Product Samples from Brand Companies for Bioequivalency Tests; Congress Falls Short in Providing a Remedy, Generics WebINNSight, Sydney, Australia, June 2012
•Co-author, Class Actions Against Pharmaceutical Companies over Off-Label Marketing Claims Have No Leg to Stand on, Third Circuit Rules,Duane Morris Alert, May 24, 2012; republished inProduct Liability Law360, June 8, 2012, as Connecting Off-Label Marketing to Use: Not Quite A to B
•Author, Patent Settlement Agreements Remain a Focus in the U.S. Congress, Generics Web INNsight, Sydney, Australia, November 2011
•Co-author, Supreme Court Orders Ninth Circuit to Revisit Preemption Ruling Against Generic OTC Ibuprofen Manufacturer,Duane Morris Alert, November 2, 2011; republished byLinex Systems, November 3, 2011; republished inProduct Liability Law360, November 8, 2011
•Co-author, Big Win for Drug Companies Under the New Jersey Product Liability Act,Duane Morris Alert, October 4, 2011; republished byLinex Systems, October 2011; republished inProduct Liability Law360, November 15, 2011
•Co-author, Mensingand Its Impact on State-Law-Based Claims Against Generic Drug Manufacturers,Update Magazine, The Food and Drug Law Institute (FDLI), September 2011
•Author, Big Win for Generics in the U.S. Supreme Court, Generics WebINNsight, Sydney, Australia, July 2011
•Co-author, Pennsylvania District Court Dismisses Class Action Against Pharmaceutical Giant Johnson & Johnson,Duane Morris Alert, July 26, 2011; republished inProduct Liability Law360, September 28, 2011
•Co-author, New Pennsylvania Law Limits Joint and Several Liability,Duane Morris Alert, June 29, 2011
•Co-author, U.S. Supreme Court Holds That State-Law-Based Failure-to-Warn Claims Are Federally Preempted Against Generic Drug Manufacturers,Duane Morris Alert, June 23, 2011
•Co-author, InSmith v. Bayer Corp., Supreme Court Breathes New Life into Repetitive State Court Class Actions,Duane Morris Alert, June 23, 2011
•Author, America's Top Court Rules in Adverse Drug Event Disclosures and Will Next Decide Generic Drug Preemption, Generics Web INNsight, Sydney, Australia, April 2011
•Co-author, U.S. FDA Proposes User Fees for Applications for New Generic Drug Applications_3984.html, Generics Web INNsight, Sydney, Australia, February 2011
•Co-author, Federal Government Provides Its Position Regarding Generic Preemption to the Supreme Court, New Jersey State Bar Association'sProducts Liability and Toxic Tort Law Section Newsletter, Volume 12, Number 2, January 2011
•Co-author, U.S. Supreme Court to Decide an Important Case for Generics in the U. S. Market, Generics Web INNsight, Sydney, Australia, January 2011
•Co-author, Expert Analysis: The Government Stance On Generic Preemption, published online in AppellateLaw360andHealth Law360by Portfolio Media, Inc., November 5, 2010
•Co-author, Acting Solicitor General Gives Government's Position on Generic-Pharma Preemption to U.S. Supreme Court,Duane Morris Alert, November 4, 2010
•Co-author, Brand and Generic Drugs on Trial Together in U.S. Courts, Generics Web INNsight, Sydney, Australia, October 2010
•Co-author, Is 'Private' Data on Social Networks Discoverable?The National Law Journal, August 23, 2010; reprinted inLaw Technology News, August 25, 2010; reprinted inThe Legal Intelligencer, August 26, 2010
•Co-author, In Pennsylvania Products Liability Decisions, Pharmaceutical Manufacturers May Lose a Little, but Gain a Lot,Duane Morris Alert, August 10, 2010; reprinted inHealth Lawyers Weeklyby American Health Lawyers Association, August 27, 2010;Product Liability Law360andHealthLaw360by Portfolio Media, Inc., September 1, 2010
•Co-author, Federal Government to Provide Its Position on Generic Preemption to the U.S. Supreme Court,Duane Morris Alert, August 3, 2010
•Co-author, False Marking Claims in the U.S: A Different Kind of Patent Litigation, Generics WebINNsight, March 2010
•Interview, Patience and Preparation are Key to U.S. Pre-emption, article and interview by Aidan Fry,Generics Bulletin, February 2010
•Co-author, Federal Preemption: A Complete Defense to American Products Liability Suits, Generics WebINNsight, December 2009
•Co-author, Viability of the Federal Preemption Defense Post-Levine,Drug and Medical Device, For The Defense, Defense Research Institute, July 2009
•Co-author, Can Failure-to-Warn Claims Against Generic Drug Manufacturers Be Preempted?Law Journal Newsletters, June 2009
•Co-author, Wyeth v. Levine: An Attorney's Perspective,, March 11, 2009
•Co-author, Wyeth v. Levine: U.S. Supreme Court Finds That State-Law Failure-to-Warn Claims Are Not Federally Preempted,Duane Morris Alert, March 6, 2009
•Co-author, Courts Are Divided on Whether Failure-to-Warn Claims Against Generic Drug Manufacturers Can Be Preempted, Generics WebInnsight, March 2009
•Co-author, Courts Are Divided on Whether Failure-to-Warn Claims Against Generic Drug Manufacturers Can Be Preempted,Strictly Speaking, the newsletter of the DRI Product Liability Committee, Volume 3, Issue 2, February 25, 2009
•Co-author, Federal Preemption of Failure to Warn Claims Against Generic Drug Companies,Duane Morris Alert, October 7, 2008
•Guest Column, Key Pharma Preemption Ruling in Third Circuit, published online inProduct Liability Law 360andHealth Law 360by Portfolio Media, Inc., April 18, 2008
•Co-author, Drug Ads After a Decade: Are Direct-to-Consumer Messages Still a Good Idea? a physician peer-reviewed article published online by the American Council on Science and Health, June 2007
•Co-author, What Are Your e-Discovery Obligations Under Revisions to the Federal Rules, Mealey's Publications, March 2006
•Co-author, The Shifting Landscape of e-Discovery,e-Discovery Law & Strategy, published in July 2006
•The Impact of Direct To Consumer Pharmaceutical Advertising on the Learned Intermediary Defense In Pennsylvania, and Its Influence on the Traditional Patient-Physician Relationship, published October 2005 in the PhiladelphiaLegal Intelligencerspecial litigation supplement
•Co-author, Toxic Tort Litigation: Theories of Liability and Damages,Environmental Litigation, Vol. 2, Chapter 6, American Bar Association, 1998 and 2000

Selected Speaking Engagements

•Moderator and Presenter, Duane Morris' Generics Summit, Princeton, New Jersey, 2011, 2012 and 2013
•Seminar Presentation, Preparing for Pharmacovigilance, Labeling and Potential Federal Preemption Issues, America Conference Institute's Orphan Drugs and Rare Diseases: Maximizing Opportunities and Overcoming Stumbling Blocks in the Designation and Development Process, Boston, Massachusetts, November 2012
•Panelist, The New Pennsylvania Joint and Several Liability Act, Pennsylvania Bar Institute Conference, Mechanicsburg, Pennsylvania, October 2011
•Seminar Presentation, Data Governance: Managing Information for Compliance, IQPC's eDiscovery for Pharma Conference, Philadelphia, October 2011
•Seminar Presentation, Defending Generic Pharmaceuticals, American Conference Institute's 14th Annual Drug and Medical Device Litigation Conference, New York, December 2009
•Seminar Presentation, Establishing Lack of Causation, American Conference Institute's Annual Conference on Preventing and Defending Chemical Products Liability Litigation, Chicago, November 2007
•Panelist, Subclassing, Bifurcation and Avoiding Individualized Issues Preventing Certification, American Bar Association's The Future of Class Action Litigation in America, Washington, D.C., October 2007
•Seminar Presentation, Hormone Replacement Therapy Litigation Update and Defenses, Mealey's Drug and Medical Device Litigation Conference, La Costa, California, May 2007
•Panelist, Confronting the Science Issues in Benzene, Welding Rod and Toxic Tort Cases, American Conference Institute's Preventing and Defending Chemical Products Liability Litigation Conference, Chicago, Illinois, October 2006
•Seminar Presentation, Privacy Laws and Their Impact on Colleges and Universities, University Risk Management and Insurance Association's Risk, Recovery and Rewards Conference, San Antonio, Texas, September 2006
•Panelist, Unconventional Wisdom on Products Liability Defense, Insurance Society of Philadelphia CLE Seminar, August 11, 2006
•Seminar presentation, Mealey's Lexis/Nexis Conference Defense Strategies in Pharmaceutical Litigation, on New Age Handling of Mass Torts in the Electronic Era, Laguna Niguel, California, January 2006
•National webcast on Coast to Coast about the Vioxx trials, November 2005

Reported CasesRepresentative Matters; Defending major pharmaceutical manufacturers in failure to warn personal injury litigation in state and federal courts, in both individual and consolidated proceedings. Regional counsel and MDL liaison counsel for fenfluramine manufacturer in diet drug (fen-phen) individual and consolidated cases. Defending a former manufacturer of asbestos products in state and federal MDL proceedings as its senior national trial counsel. Regional counsel for a major manufacturer of implantable Class III medical devices in personal injury and death cases in state and federal courts. Counseling domestic and European product manufacturers on labeling, packaging and warnings issues. Defending a major pharmaceutical manufacturer and its subsidiaries in drug pricing litigation.

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Office Information

Alan Klein

30 South 17th Street
PhiladelphiaPA 19103-7396


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