Paul W. Schmidt

Paul Schmidt has a wide-ranging trial and appellate practice, with a particular specialty in pharmaceutical litigation.  Mr. Schmidt’s recent trial work includes serving as trial counsel for Hoffmann-La Roche Inc. in three Accutane trials; serving as trial counsel for the National Football League in trials involving labor and television carriage disputes; and representing Genentech in a first-of-its-kind FDA hearing over the withdrawal of accelerated approval for a medication.  He has also successfully argued appeals before state and federal courts around the country, obtaining wins that have been recognized by the National Law Journal in its Appellate Hot List.  In addition to his trial work, Mr. Schmidt regularly counsels clients on mitigating and managing litigation risk.

Mr. Schmidt has been recognized for his trial and appellate work by various sources, including the Chambers USA, Law360, Legal 500, and Benchmark Litigation.  Based on client and peer evaluations, Chambers USA recently stated that he "continues to impress sources with his successful track record in pharmaceutical litigation and appeals."

Representative Matters

• In Re Accutane trials: trial counsel for Hoffmann-La Roche in three trials over the past two years involving eight plaintiffs, with the plaintiffs alleging personal injury from Accutane® use.
• Avastin withdrawal hearing: represented Genentech in a first-of-its-kind FDA hearing over the withdrawal of the breast cancer indication for Avastin®.
• Tennis Channel v. Comcast: trial counsel for the Tennis Channel in the first successful program carriage case tried before an FCC Administrative Law Judge.
• NFL trials: trial counsel for the National Football League in a lawsuit brought by the players’ union over multi-billion television contracts and in a lawsuit brought by the League against Comcast over carriage of the NFL Network.
• Accutane appeals: representing Hoffmann-La Roche in a series of appeals of trial verdicts and dispositive motion grants, including successfully arguing seven cases before federal and state courts.

Honors and Rankings

• Chambers USA Guide, Products Liability & Mass Torts (2009-2013)
• The National Law Journal, Appellate Hot List (2013, 2009)
• Legal 500 US, Products Liability and Mass Tort Defense (2013)
• Legal 500 US, Supreme Court and Appellate (2013)
• Who's Who Legal, Product Liability Defence (2012-2013)
• The National Law Journal, 40 Under 40 (2009)
• Euromoney, Benchmark: The Guide to America’s Leading Litigation Firms and Attorneys - Future Litigation Star, DC (2009-2011)
• Washingtonian, Best Lawyers (2009, 2011)
• Law360, Rising Star - Product Liability (2010)
• Washington Business Journal, Top Washington Lawyer, "Young Gun" (2009)

Pro Bono

• Trial counsel for prisoner in an evidentiary hearing seeking retrial of original murder conviction.
• Represented murder defendant charged with two fatal shootings, including by successfully arguing a suppression issue before Maryland’s highest court.
• Successful representation of a family in a civil rights lawsuit against the Richmond Police Department over the shooting of an unarmed man.  See Johnson v. City of Richmond, 2005 WL 1668080 (E.D. Va. June 16, 2005); see also Jim Nolan, “Monroe Wants Use of Force Reviewed,” Richmond Times-Dispatch (March 16, 2005) (new police chief announcing sweeping changes to City’s use-of-force training following extensive discovery on this training).

Publications and Speeches

• "Making and Preserving Your Record: Strategies for Trial Attorneys to Maximize Success on Appeal," DRI Drug and Medical Device Seminar (5/5/2011)
• "Dissecting Evolving Claims against Generic Drugs and the Naming of Brand Manufacturers as Co-Defendants," ACI Drug and Medical Device Conference (12/8/2010)
• "Disqualifying Plaintiff Experts," ACI Drug and Medical Device Conference (12/9/2009)