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Dawn M. Curry, Nutter McClennen & Fish LLP Photo

Dawn M. Curry

Partner / Boston

Overview

Dawn Curry is a partner in Nutter’s Litigation Department and a member of the firm’s Product Liability and White Collar Defense practice groups. Medical device and pharmaceutical companies, as well as other businesses, rely on Dawn's technical expertise and experience in science, medicine, engineering and business related issues when facing complex commercial litigation, including mass tort litigation. Clients frequently engage Dawn to develop teams of experts in disciplines such as toxicology, pathology, immunology, orthopedic surgery, internal medicine, epidemiology and others, and prepare team members for deposition and trial testimony in these areas.

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A sought after speaker, Dawn regularly publishes and speaks on panels related to product liability and white collar defense issues, as well as on e-discovery related issues.

Notable Experience and Clients

  • Represents a variety of medical device and consumer product manufacturers in multi-district litigation (MDL) and other coordinated national litigation involving such products as metal-on-metal hip prostheses, other modular hip prostheses, and talcum powder.  Roles on the team range from serving as local counsel to leading national science teams responsible for identifying and preparing experts and developing defense strategies related to the medical, scientific and technical issues relevant to each case.
  • Serves as local counsel in transvaginal mesh case.
  • Represented medical device manufacturer in a mass tort involving spinal implants. Managed team of associates in the review and production of over four million pages of documents.
  • Represented large pharmaceutical company in a federal investigation involving allegations of off-label promotion.
  • Represented hospital in responding to subpoena by OIG and USAO alleging Stark and anti-kickback violations. Successfully persuaded USAO not to bring action.
  • Represented former Controller in an SEC investigation alleging backdating of stock options. SEC decided not to recommend enforcement action against our client upon completion of its investigation.
  • Represented major insurance company in a trademark infringement action.

Publications

  • Product Liability: 2015 Year in Review (February 29, 2016).
  • Product Liability: 2014 Year in Review (January 30, 2015).
  • For the Defense publishes “What to Do When Your U.S. Mass Tort Goes International” by Dawn Curry and David Ferrera (September 2014).
  • Product Liability: 2013 Year in Review (January 27, 2014).
  • For the Defense publishes “Managing Physician-Company Conflict of Interest” by Dawn Curry and David Ferrera (August 23, 2011).
  • New Federal Rule of Evidence 502 Seeks to Strengthen Attorney-Client Privilege and Work Product Protections (October 13, 2008).
  • Co-authored They Are Coming for You: Dangers for Corporate Executives in the Expanding World of Financial Crime published by Aspatore Books (2004).
  • Co-authored an article in the Boston Business Journal offering ten recommendations to safeguard directors from potential liability (2004).

Speaking Engagements

  • Moderated a panel at ACI’s Fraud and Abuse in the Sale and Marketing of Drugs conference on the topic of Steering Clear of Individual Accountability: What Does Reinvigorated Enforcement Mean for Responsible Corporate Officers and Counsel?
  • Presented to the Massachusetts Biotechnology Council on the topic of Document Retention and e-Discovery for Life Sciences Companies.
  • Panelist at ARMA/Simmons College/Sedona Conference’s E-Discovery Overview program.
  • Panelist at the Massachusetts Banking Association’s Record Retention Workshop.
  • Host of a CBI webinar on the topic of Electronic Record Retention: Legal Imperatives for Biotech, Pharmaceutical & Medical Device Companies.

Experience

Experience

  • Represented large pharmaceutical company in a federal investigation involving allegations of off-label promotion

    Counsel for one of world's largest healthcare companies in six-year investigation into alleged off-label use of one of its leading products.

  • Represented a manufacturer of prosthetic spine implants in multi-district product liability litigation involving over 250 plaintiffs

    Represented medical device manufacturer in a multi-district product liability litigation involving over 250 plaintiffs. Managed team of associates in the review and production of over four million pages of documents contained in an Electronic Reading Room.

  • Representation of a manufacturer of prosthetic hip implants in multi-district product liability litigation

    Member of the science team responsible for expert witness preparation.

  • Successfully persuaded USAO not to bring action for alleged Stark and anti-kickback violations

    Represented hospital in responding to subpoena by OIG and USAO alleging Stark and anti-kickback violations.

  • Mediated breach of contract action, resulting in an award of $2 million for individual advisory board member against former employer

    Represented client in suit against former employer for claims of breach of contract and 93A violations arising from a stock repurchase agreement. Mediation resulted in an award of $2 million, which was the full value of the shares that the client sought to enforce pursuant to the agreement.

  • Represent company in multi-district product liability litigation

    Represent medical device company in a multi-district product liability litigation involving recalled device. Member of team responsible for analysis of the science, retention of expert witnesses, analysis of company documents and developing narrative themes for company witnesses.

  • Successfully represented former Controller in an SEC investigation alleging backdating of stock options

    Represented former Controller in SEC investigation alleging backdating of stock options. SEC decided not to recommend enforcement action against our client upon completion of its investigation.

  • Obtained favorable settlement for major insurance company in trademark infringement action

    After aggressively litigating trademark infringement action brought on behalf of our client, defendants agreed in a settlement that it shall not directly or indirectly use, advertise, promote or display any name or mark containing our client’s name or mark in Massachusetts, for insurance-related services.

News & Insights

Honors

Honors

  • Massachusetts Super Lawyers Rising Stars, 2007, 2009-2015
  • Elected as a Member of the Trial Attorneys of America (2014)
  • First Circuit Correspondent for the ABA Business Torts Committee for 2011-2012

Education & Admissions

Education

Northeastern University School of Law, J.D.

C.W. Post Campus of Long Island University, B.A.

Admissions

  • U.S. District Court for the District of Massachusetts
  • Massachusetts

Industry Expertise

Dawn is a sought after industry speaker on panels and regularly publishes on product liability and white collar defense issues, as well as on e-discovery related issues.

Noteworthy

Massachusetts Super Lawyers Rising Stars, 2007, 2009-2015

Elected as a Member of the Trial Attorneys of America (2014)

First Circuit Correspondent for the ABA Business Torts Committee for 2011-2012

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