Printable FormatKelly E. Jones
Associate
Ms. Jones is an associate with the Medical and Life Sciences Industry Team and divides her time among several of the firm’s practice groups, including Mass Torts and Industry Wide Litigation, Business and Commercial Litigation, Intellectual Property, and e-infosm Electronic Information Counseling and Management Team. Her practice is primarily focused on litigation and consulting involving FDA-regulated products, including pharmaceuticals, medical devices, cosmetics and food. From the firm’s offices in New York and New Jersey, Ms. Jones defends clients in mass tort, class-action, and products liability litigation, including state-coordinated and federal multi-district litigation throughout the country. Clients include innovator and generic manufacturers of drugs, devices, biologics, neutraceuticals, cosmetics, food, consumer and household products; as well as manufacturers of laboratory chemicals, industrial equipment, and building materials.
Representative experience includes:
- Serving as liaison counsel in New Jersey coordinated tort proceedings for the defense of a generic pharmaceutical manufacturer involving a drug for treatment of gastroesophageal reflux disease.
- Implementing and coordinating legal hold and collection process for paper and electronically-stored information (ESI) as document counsel for two pharmaceutical manufacturers in complex multi-district pharmaceutical litigation.
- Assisting in the defense of an innovator hormonal contraceptive manufacturer in New York and New Jersey federal and state mass-tort litigation involving failure to warn and medical monitoring claims.
- Member of litigation team defending in federal and state courts nationwide a generic pharmaceutical manufacturer from claims relating to the ingestion of phenylpropanolamine (PPA) and a neutraceutical manufacturer in the ephedra litigation.
- Researching novel legal theories for defense of cases involving trade dress infringement by generic pharmaceutical manufacturer and for “fear of injury” claims resulting from implants of inappropriately harvested human tissue donations.
- Obtaining dismissals of claims of cancer and multiple chemical sensitivities related to the use of cosmetics and hair dye using epidemiology and expert disciplines of toxicology, oncology and industrial hygiene for one of the world’s largest beauty companies.
- Briefing and arguing various issues, including motions for summary judgment, dismissal, and regarding discovery disputes, in federal and state jurisdictions around the country in various pharmaceutical and products liability suits.
- Preparing corporate representatives and deposing numerous fact and expert witnesses in high-profile construction defect and mold cases for owner, contractor and product manufacturer clients.
Professional & Community Activities
Ms. Jones is an active member of the Defense Research Institute (DRI). She presently serves as the Chair of Marketing for the DRI Young Lawyers’ Steering Committee and as the Young Lawyers’ Liaison to the DRI Drug and Medical Device Committee. Previously, Ms. Jones served as Vice-Chair (2007-2008) and Chair (2008-2009) of Sponsorship and Chair of Membership (2009-2010) for the DRI Young Lawyers’ Steering Committee. Ms. Jones was named as 2012 Super Lawyers Rising Star for Products Liability Defense in New Jersey. Ms. Jones is also involved with pro bono activities and serves as a Small Claims Arbitrator for the New York City Civil Court. While in law school, Ms. Jones served as the Notes & Articles Editor for the St. John’s Law Review.
Aside from her legal pursuits, Ms. Jones serves on the Board of Trustees of the Elizabeth Seton Pediatric Center, and on the Board of Directors of the University of Virginia Alumni Association of New York.
Publications and Speaking Engagements:
- “Mensing Changes Landscape for Generic Drug Manufacturers,” New York Law Journal (April 23, 2012).
- “Scales Tip in Favor of Generic Manufacturers Post-Mensing,” American Society for Pharmacy Law, Rx Ipsa Loquitur (February 2012).
- "PCBs from A to Z: A Re-Emerging Toxic Tort Concern," DRI, For the Defense, (January 2012).
- “The Importance of Hazard Analysis and Document Management under the Food Safety Modernization Act,” DRI, In-House Defense Quarterly (July 2011).
- “The Un-Generic Problems with Generics: Supreme Court Decisions, Preemption & More,” Panel Speaker (with Hon. Carol A. Higbee and Hon. Jessica R. Mayer), Mass Tort Judicial Forum (June 2011).
- “Legal Marketing - What Technology Works?” Speaker, American Bar Association, Women in Products Liability Seminar (November 2010).
- “What's on the Horizon for Climate Change Public Nuisance Litigation?” DRI, The Whisper (November 2010).
- “Staying in the Game: E-Discovery with a Live Product,” DRI, For The Defense (October 2010).
- “He Who Represents Himself Has a Fool For a Client - The Challenges and Ethical Obligations of Handling a Pro Se Litigant,” Speaker, DRI Annual Meeting (October 2009).
- “Know when to Hold ‘Em - Implementing an Effective ESI Legal Hold,” DRI, In-House Defense Quarterly (July 2009).
- “NY Appellate Court Finds Scientific Evidence Related to Mold and Human Illness Doesn’t Meet the Frye General Acceptance Standard,” Harris Beach, Legal Alert (March 2009).
- “Critically Challenged - The Recognition and Scope of The Self-Critical Analysis Privilege,” DRI, Evidentiary Privileges for Corporate Counsel (2008).
- "For Whom the Bellwether Tolls - The Practical Solution of Trial Grouping,” DRI, The Whisper (April 2008).
- “’AER’ing on the Side of Caution - Complying with the FDA’s Adverse Event Report System,” DRI, For The Defense (February 2008); reprinted in San Diego Defense Lawyer’s The Update (April 2008).
- “The Daubert Dilemma Mushrooms: Inconsistencies Between the States on Toxic Mold Claims,” DRI, Toxic Tort And Environmental Liability Claims (2007).
- “Navigating the FDA's RiskMAP Guidance,” Products Liability Law & Strategy (January 2006).
Recognized as a 2012 New Jersey Super Lawyer Rising Star for Products Liability Defense
