Philip M. Busman
Partner
901 15th Street, NW
Suite 1200
Washington, D.C., 20005
Phil has spent a career representing industry-leading companies and multinational corporations in complex litigation throughout the United States and internationally, handling matters involving mass torts, pharmaceutical and medical device litigation, environmental disputes, business torts, investigations, antitrust claims, and employment-related issues. Recognizing that litigation decisions are often business decisions, Phil serves as a trusted advisor to...
Phil has spent a career representing industry-leading companies and multinational corporations in complex litigation throughout the United States and internationally, handling matters involving mass torts, pharmaceutical and medical device litigation, environmental disputes, business torts, investigations, antitrust claims, and employment-related issues. Recognizing that litigation decisions are often business decisions, Phil serves as a trusted advisor to executives and in-house counsel, helping clients evaluate risk, protect critical business interests, and develop practical strategies that advance operational objectives while positioning matters for successful resolution. Phil has significant experience leading large, multifaceted litigation teams in consolidated, serial, and multidistrict proceedings, coordinating attorneys, consultants, and technical specialists to develop and execute effective litigation strategies. Phil’s nation-wide and international practice is often centered on the strategic development, preparation, defense, and cross-examination of expert witnesses in high-stakes litigation. He is frequently called upon to cross examine the most critical experts in a case, regardless of discipline, and has successfully handled expert testimony involving engineering, environmental science, medical, economic, regulatory, and other highly technical fields. Phil regularly teaches attorneys and has presented on expert witness strategy, cross-examination techniques, and the identification and development of affirmative experts. Over nearly three decades of practice, he has cultivated an extensive network of leading experts from premier universities, research institutions, and consulting firms across the United States and internationally, enabling him to quickly assemble and manage world-class expert teams for any litigation.
executives and in-house counsel, helping clients evaluate risk, protect critical business interests, and develop practical strategies that advance operational objectives while positioning matters for successful resolution. Phil has significant experience leading large, multifaceted litigation teams in consolidated, serial, and multidistrict proceedings, coordinating attorneys, consultants, and technical specialists to develop and execute effective litigation strategies. Phil’s nation-wide and international practice is often centered on the strategic development, preparation, defense, and cross-examination of expert witnesses in high-stakes litigation. He is frequently called upon to cross examine the most critical experts in a case, regardless of discipline, and has successfully handled expert testimony involving engineering, environmental science, medical, economic, regulatory, and other highly technical fields. Phil regularly teaches attorneys and has presented on expert witness strategy, cross-examination techniques, and the identification and development of affirmative experts. Over nearly three decades of practice, he has cultivated an extensive network of leading experts from premier universities, research institutions, and consulting firms across the United States and internationally, enabling him to quickly assemble and manage world-class expert teams for any litigation.
Experience
Experience
- Has represented major pharmaceutical manufacturers in federal and state multidistrict litigation in which he was part of numerous trial teams, cross-examined lead expert witnesses at deposition and in Daubert hearings, formulated both FDA/regulatory and scientific causation defenses, coordinated the work of counsel across the country, managed internal attorney teams, and prepared and defended corporate witnesses.
- Has experience in expert discovery and Daubert issues related to scientific and medical causation, FDA regulation, corporate compliance, business valuation, lost profits, and forensic accounting
- Often called upon to cross-examine an adversary's lead expert witness at Daubert hearings and depositions
- Toxic tort and environmental experience includes representation of corporations nationwide in connection with asbestos-containing materials, benzene, and other chemicals
- Has examined complex financial transactions both domestically and abroad in connection with investigations involving the Foreign Corrupt Practices Act, False Claims Act, RICO, and other federal and state statutes
- Represents clients in connection with cutting-edge class action issues
- Has developed strategies for and overseen organizations' document productions in response to government antitrust inquiries and as part of pre-merger notifications/Hart-Scott-Rodino submissions.
Representative Matters
- Argued in favor of summary judgment on behalf of major pharmaceutical manufacturer in the 9th Circuit Court of Appeals on a complex issue of statute of limitation accrual for a latent injury. See Hendrix v. Novartis Pharm. Corp., ___ Fed. Appx. ___, 2016 WL 1319737 (9th Cir. Apr. 5, 2016) (unpublished)
- Secured summary judgment under Alabama warranty law after proving that the overwhelming benefits of his client’s prescription cancer therapy rendered it fit for its intended purpose. See Collins v. Novartis Pharm. Corp., No. 2:08-cv-438-MHT, 2015 WL 2183700 (M.D. Ala. May 11,2015). Obtained summary judgment several times in similar matters, arguing that alleged problems with the product warnings were not the proximate cause of plaintiffs’ claimed injuries. See Parkinson v. Novartis Pharm. Corp., 5 F. Supp. 3d 1265 (D. Or. 2014); Zimmerman v. Novartis Pharm. Corp., 287 F.R.D. 357 (D. Md. 2012); Eberhart v. Novartis Pharm. Corp., 867 F. Supp. 2d. 1241 (N.D. Ga. 2011)
- Has excluded experts under Daubert and Federal Rule of Evidence 702 See Parmentier v. Novartis Pharm. Corp., No. 1:12-CV-00045 SNLJ, 2012 WL 2326047 (E.D. Mo. June 19, 2012)
- Served on trial team for railroad company in the largest single tort case in South Carolina history arising from a derailment and chlorine release at the site of a major textile manufacturer. Coordinated massive on-site discovery efforts and defended against hundreds of millions of dollars of business interruption and diminution in value claims. The parties reached a confidential settlement during a lengthy trial in the District of South Carolina
Education
- American University Washington College of Law, JD, cum laude (2000)
- University of Michigan, BA (1997)
Admissions
- District of Columbia
- Virginia
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the District of Maryland
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia
- U.S. Bankruptcy Court for the Eastern District of Virginia
- U.S. District Court for the District of Columbia
- U.S. Bankruptcy Court for the District of Columbia
Practice Areas
Experience
- Has represented major pharmaceutical manufacturers in federal and state multidistrict litigation in which he was part of numerous trial teams, cross-examined lead expert witnesses at deposition and in Daubert hearings, formulated both FDA/regulatory and scientific causation defenses, coordinated the work of counsel across the country, managed internal attorney teams, and prepared and defended corporate witnesses.
- Has experience in expert discovery and Daubert issues related to scientific and medical causation, FDA regulation, corporate compliance, business valuation, lost profits, and forensic accounting
- Often called upon to cross-examine an adversary's lead expert witness at Daubert hearings and depositions
- Toxic tort and environmental experience includes representation of corporations nationwide in connection with asbestos-containing materials, benzene, and other chemicals
- Has examined complex financial transactions both domestically and abroad in connection with investigations involving the Foreign Corrupt Practices Act, False Claims Act, RICO, and other federal and state statutes
- Represents clients in connection with cutting-edge class action issues
- Has developed strategies for and overseen organizations' document productions in response to government antitrust inquiries and as part of pre-merger notifications/Hart-Scott-Rodino submissions.
Representative Matters
- Argued in favor of summary judgment on behalf of major pharmaceutical manufacturer in the 9th Circuit Court of Appeals on a complex issue of statute of limitation accrual for a latent injury. See Hendrix v. Novartis Pharm. Corp., ___ Fed. Appx. ___, 2016 WL 1319737 (9th Cir. Apr. 5, 2016) (unpublished)
- Secured summary judgment under Alabama warranty law after proving that the overwhelming benefits of his client’s prescription cancer therapy rendered it fit for its intended purpose. See Collins v. Novartis Pharm. Corp., No. 2:08-cv-438-MHT, 2015 WL 2183700 (M.D. Ala. May 11,2015). Obtained summary judgment several times in similar matters, arguing that alleged problems with the product warnings were not the proximate cause of plaintiffs’ claimed injuries. See Parkinson v. Novartis Pharm. Corp., 5 F. Supp. 3d 1265 (D. Or. 2014); Zimmerman v. Novartis Pharm. Corp., 287 F.R.D. 357 (D. Md. 2012); Eberhart v. Novartis Pharm. Corp., 867 F. Supp. 2d. 1241 (N.D. Ga. 2011)
- Has excluded experts under Daubert and Federal Rule of Evidence 702 See Parmentier v. Novartis Pharm. Corp., No. 1:12-CV-00045 SNLJ, 2012 WL 2326047 (E.D. Mo. June 19, 2012)
- Served on trial team for railroad company in the largest single tort case in South Carolina history arising from a derailment and chlorine release at the site of a major textile manufacturer. Coordinated massive on-site discovery efforts and defended against hundreds of millions of dollars of business interruption and diminution in value claims. The parties reached a confidential settlement during a lengthy trial in the District of South Carolina
Media
Professional Activities
- DRI – The Voice of the Defense Bar
- National Association of Railroad Trial Counsel
- Member, International Association of Defense Counsel
Phil has spent a career representing industry-leading companies and multinational corporations in complex litigation throughout the United States and internationally, handling matters involving mass torts, pharmaceutical and medical device litigation, environmental disputes, business torts, investigations, antitrust claims, and employment-related issues. Recognizing that litigation decisions are often business decisions, Phil serves as a trusted advisor to... executives and in-house counsel, helping clients evaluate risk, protect critical business interests, and develop practical strategies that advance operational objectives while positioning matters for successful resolution. Phil has significant experience leading large, multifaceted litigation teams in consolidated, serial, and multidistrict proceedings, coordinating attorneys, consultants, and technical specialists to develop and execute effective litigation strategies. Phil’s nation-wide and international practice is often centered on the strategic development, preparation, defense, and cross-examination of expert witnesses in high-stakes litigation. He is frequently called upon to cross examine the most critical experts in a case, regardless of discipline, and has successfully handled expert testimony involving engineering, environmental science, medical, economic, regulatory, and other highly technical fields. Phil regularly teaches attorneys and has presented on expert witness strategy, cross-examination techniques, and the identification and development of affirmative experts. Over nearly three decades of practice, he has cultivated an extensive network of leading experts from premier universities, research institutions, and consulting firms across the United States and internationally, enabling him to quickly assemble and manage world-class expert teams for any litigation.
Experience
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.Experience
- Has represented major pharmaceutical manufacturers in federal and state multidistrict litigation in which he was part of numerous trial teams, cross-examined lead expert witnesses at deposition and in Daubert hearings, formulated both FDA/regulatory and scientific causation defenses, coordinated the work of counsel across the country, managed internal attorney teams, and prepared and defended corporate witnesses.
- Has experience in expert discovery and Daubert issues related to scientific and medical causation, FDA regulation, corporate compliance, business valuation, lost profits, and forensic accounting
- Often called upon to cross-examine an adversary's lead expert witness at Daubert hearings and depositions
- Toxic tort and environmental experience includes representation of corporations nationwide in connection with asbestos-containing materials, benzene, and other chemicals
- Has examined complex financial transactions both domestically and abroad in connection with investigations involving the Foreign Corrupt Practices Act, False Claims Act, RICO, and other federal and state statutes
- Represents clients in connection with cutting-edge class action issues
- Has developed strategies for and overseen organizations' document productions in response to government antitrust inquiries and as part of pre-merger notifications/Hart-Scott-Rodino submissions.
Representative Matters
- Argued in favor of summary judgment on behalf of major pharmaceutical manufacturer in the 9th Circuit Court of Appeals on a complex issue of statute of limitation accrual for a latent injury. See Hendrix v. Novartis Pharm. Corp., ___ Fed. Appx. ___, 2016 WL 1319737 (9th Cir. Apr. 5, 2016) (unpublished)
- Secured summary judgment under Alabama warranty law after proving that the overwhelming benefits of his client’s prescription cancer therapy rendered it fit for its intended purpose. See Collins v. Novartis Pharm. Corp., No. 2:08-cv-438-MHT, 2015 WL 2183700 (M.D. Ala. May 11,2015). Obtained summary judgment several times in similar matters, arguing that alleged problems with the product warnings were not the proximate cause of plaintiffs’ claimed injuries. See Parkinson v. Novartis Pharm. Corp., 5 F. Supp. 3d 1265 (D. Or. 2014); Zimmerman v. Novartis Pharm. Corp., 287 F.R.D. 357 (D. Md. 2012); Eberhart v. Novartis Pharm. Corp., 867 F. Supp. 2d. 1241 (N.D. Ga. 2011)
- Has excluded experts under Daubert and Federal Rule of Evidence 702 See Parmentier v. Novartis Pharm. Corp., No. 1:12-CV-00045 SNLJ, 2012 WL 2326047 (E.D. Mo. June 19, 2012)
- Served on trial team for railroad company in the largest single tort case in South Carolina history arising from a derailment and chlorine release at the site of a major textile manufacturer. Coordinated massive on-site discovery efforts and defended against hundreds of millions of dollars of business interruption and diminution in value claims. The parties reached a confidential settlement during a lengthy trial in the District of South Carolina
Education
- American University Washington College of Law, JD, cum laude (2000)
- University of Michigan, BA (1997)
Admissions
- District of Columbia
- Virginia
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the District of Maryland
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia
- U.S. Bankruptcy Court for the Eastern District of Virginia
- U.S. District Court for the District of Columbia
- U.S. Bankruptcy Court for the District of Columbia
Practice Areas
- Commercial Litigation & Business Torts
- Class Action & Multi-Claim Litigation
- Products Liability - Consumer & Mechanical
- Products Liability - Pharmaceuticals & Medical Devices
- Products Liability - Automotive
Industries
- DRI – The Voice of the Defense Bar
- National Association of Railroad Trial Counsel
- Member, International Association of Defense Counsel
Highlights from the Firm’s Insights
