Genese Dopson focuses her practice on the defense of companies in employment matters and in the defense of pharmaceutical and medical device manufacturers, as well as the defense of personal injury, insurance bad faith, employment and discrimination matters. She has successfully managed the defense of multi-plaintiff, multi-state litigation and has served as national coordinating counsel in pharmaceutical and medical device mass tort litigation. She is a former member of the editorial advisory board of MX Magazine, a publication that served the medical device industry.
Leveraging her first career as a registered nurse, Genese brought her drug and medical device practice to Wilson Elser in 2009. She leads the firm's Pharmaceutical & Medical Device practice and coordinates efforts to field a nationwide team of creative, resolution-oriented attorneys in the drug and medical device arena. As one of twelve attorneys elevated to the firm's Senior Trial Group, she possesses keen insight into case assessment and courtroom strategies.
Genese, who holds a second degree black belt in Enshin karate, is known for her ability to defend complex cases and handle tough opposing counsel when matters become heated. Notwithstanding her ability to confront and fight, Genese prides herself on providing her clients early case assessment and a solid work product directed toward the earliest possible dispute resolution.
Areas of Focus
Serving as national coordinating counsel, Genese has strategically and economically designed and coordinated defense strategies for brand and generic drug manufacturers as well as medical device manufacturers. She has achieved defense verdicts in all of her products liability trials. By way of example, she obtained a defense verdict for a cautery manufacturer in Garcia v. ConMed Corporation, where the manufacturer was sued by a boy who developed an airway fire during a tonsillectomy procedure. Genese also helped write a motion for summary judgment in the case of Gaeta v. Perrigo, where the court granted preemption to the generic drug manufacturer based on ANDA. She designed the defense strategy that resulted in an early settlement for the brand drug manufacturer in the coordinated quinine litigation, months in advance of resolution by any other drug manufacturer in the mass tort quinine litigation. Genese keeps current with the latest regulations and case law affecting the pharmaceutical and medical device industries. She regularly presents to industry organizations and contributes to relevant publications.
Employment & Discrimination
Genese has defended numerous employers and served as lead trial counsel in several wrongful termination jury trials where plaintiffs alleged discrimination due to gender, obesity, age and/or medical disability. She handles cases arising under Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act and the Employee Retirement Income Security Act. She obtained a defense verdict in Durand v. SSA Terminals, an age discrimination and medical disability suit where the employer terminated the employee allegedly after 42 years of employment one day after the employee returned to work from a medical disability.
Insurance / Bad Faith
Insurance bad faith actions carry the potential for substantial exposure and Genese is highly experienced in handling the defense of these claims. Over her years of practice, Genese has tried several insurance bad faith cases to verdict. After six weeks of trial in 2000, she obtained a defense verdict in Snowden v. Fire Insurance Exchange, an arson bad faith case where the jury was convinced it was more probable than not that the insured committed arson and denial of insurance benefits was reasonably justified.
Awards & Distinctions
Medmarc Insurance Company's Attorney of the Year, 2005
Selected for inclusion in Northern California Super Lawyers, 2013-2015
Modernizing and Coordinating the Regulatory System of Biotechnology Products
Regulatory System for Biotechnology Products
July 23, 2015
Substantial advances in biotechnology and accompanying additional regulation have led to uncertainty in agency jurisdiction and lack of predictability, creating unnecessary costs and inhibiting innovation. The Office of Science and Technology Policy aims to correct these problems with the process outlined in a July 2015 memorandum.
FDA Approves Biosimilar Agent Zarxio: Dawn of a New Era in Pharmaceutical Therapy and Product Liability Law
Biosimilars: A New Era in Product Liability Law
March 13, 2015
The FDA has approved the first biosimilar agent under abbreviated procedures outlined in the Biologics Price Competition and Innovation Act of 2009. The approval heralds a new era of less-expensive biologics, a class of therapeutic agents that are among the most expensive in the U.S. market, and foreshadows a new era in product liability law, as plaintiffs' attorneys are likely to exploit the unique statutory and regulatory status of biosimilar agents in pursuing product liability claims against manufacturers.
New Jersey Seeks to Ban the Use of “Microbeads” in Consumer Care
NJ Seeks Ban on Microbeads” in Consumer Care Products
October 30, 2014
New Jersey's Legislature has approved a bill that is expected to come before the Governor's Office in November 2014. If enacted, the bill's prohibition against the production or manufacture of personal care products containing microbeads would commence January 1, 2018. The measure prohibits the sale, offer for sale or promotion of these items on or after January 1, 2019. In addition, no person will be able to sell, offer for sale or offer for promotion over-the-counter drugs containing synthetic plastic microbeads in the state beginning January 1, 2020.
U.S. Supreme Court Rules in Favor of Generic Drug Manufacturers in Pliva, Inc. v. Mensing
The U.S. Supreme Court has ruled that generic drug makers cannot be sued for failure to warn consumers of possible side effects if they reproduce the exact warnings in brand-name equivalent packaging. The FDA is likely to weigh in, as it does hold all manufacturers responsible for language on their packaging.
Changes to 510(k) Regulatory Process and Laboratory-developed Tests
October 23-24, 2014
Navigators Advisory Council Meeting
The FDA's New Regulatory Scheme for Laboratory-developed Tests (LDT): Potential Regulatory and Litigation Impact
October 16-17, 2014
Navigators Advisory Council Meeting
Medical Device Cyber Risks
June 11, 2014
27th Annual Medmarc Insurance Group Medical Device Seminar
Liabilities Associated with Clinical Trials
“Title II of the Americans With Disabilities Act: The Best Defense” San Mateo County Public Entity Seminar, 2011
“Generic Preemption: New Life for Product Liability Defense?” webinar presentation sponsored by Berkeley Life Sciences, 2011
“Electronically Stored Information: Some Thoughts for Insurers” for Medmarc Insurance Company, 2010
“Pharmacovigilance in a Post-Wyeth v. Levine World, ” webinar presentation to pharmaceutical manufacturers, 2010
“Direct and Cross-Examination of Regulatory/FDA Experts, ” American Conference Institute's FDA Boot Camp, 2010
“Innovator Pharmaceutical Companies at Risk for Products Manufactured by Generic Firms in California: Defending Product Liability Claims in the Wake of Conte v. Wyeth, ” nationally broadcast audio program for FDA News, 2009
“ANDA Preemption for Generic Drug Manufacturers, ” Medmarc Insurance Company, 2008
Moderator, BIOMEDevice Forum on Product Liability Issues, 2007
“Defending Devices: Rx for Success, ” Medmarc Annual Attorney Seminar: Panel Presentation, 2006
“Clinical Trials and Recent Liability Issues, ” Medmarc Annual Attorney Seminar, 2003
“Clinical Trials: Risky Business; Evaluating Liability, ” Medmarc Broker Seminar, San Francisco, 2002
“Liability Issues Confronting Medical Device Manufacturers, ” Medtech Seminar, San Francisco, 2002
Panel Presentation re Federal Court Judicial Vacancies, Medmarc Annual Attorney Seminar, 2001
“Trial Tactics in Defending a Brain Damage Case, ” Medmarc Annual Attorney Seminar, 1998
Wilson Elser's Genese Dopson Accepts Invitation to Join CLM
August 8, 2013
Dopson Receives Summary Judgment in a Product Liability Case Filed against Arthrex
October 2, 2012
Dopson Named Deputy Regional Managing Partner of Wilson Elser's San Francisco Office
August 7, 2012