Ilana H. Eisenstein

Partner

Chair, US Litigation
Member, Executive Committee

Ilana helps clients solve their most complex and high-exposure problems.

Emaililana.eisenstein@dlapiper.com

Call+1 215 656 3351

Philadelphia

About

Areas of FocusLitigation, Arbitration and Investigations

Bar admissionsPennsylvania

CourtsSupreme Court of the United StatesSupreme Court of PennsylvaniaUnited States Court of Appeals for the First CircuitUnited States Court of Appeals for the Second CircuitUnited States Court of Appeals for the Third CircuitUnited States Court of Appeals for the Fourth CircuitUnited States Court of Appeals for the Fifth CircuitUnited States Court of Appeals for the Sixth CircuitUnited States Court of Appeals for the Seventh CircuitUnited States Court of Appeals for the Eighth CircuitUnited States Court of Appeals for the Ninth CircuitUnited States Court of Appeals for the Tenth CircuitUnited States Court of Appeals for the Eleventh CircuitUnited States Court of Appeals for the District of Columbia CircuitUnited States Court of Appeals for the Federal CircuitUnited States District Court for the Eastern District of Pennsylvania

Ilana is both a brilliant legal mind but also very practical and has a commercial perspective that is unusual for appellate lawyers.

— Chambers USA

She is incredibly gifted when it comes to appellate law, white-collar crime and civil litigation.

— Chambers USA

EXPERIENCE

Appellate and Supreme Court Matters

In re: Incretin-Based Therapies Products Liability Litigation (9th Cir. 2022): Briefed and argued appeal for Novo Nordisk successfully defending dismissal at summary judgment of all claims in multi-district litigation on Daubert and preemption grounds.
In re: Taxotere (Docetaxel) Product Liability Litigation (5th Cir. & E.D. La. 2020-present): Lead appellate counsel for Sanofi handling all appeals and critical motions arising out of the multi-district litigation, including successful defense of dismissals and summary judgment on grounds of warnings causation, statute of limitations, and violations of show-cause procedure.
National Preemption Counsel for Medtronic: Coordinate briefing and argument of preemption issues in state and federal courts at both the trial and appellate levels.
In re LTL Management LLC (3d Cir. 2023) and In re: Aero Technologies LLC (7th Cir. 2023): Represent the U.S. Chamber of Commerce and American Tort Reform Association as amicus curiae, in support of the ability of businesses to address mass tort liability under the US bankruptcy laws.
Crawford v. City Council (Md. 2023): prevailed in defending Amazon’s use of property for its last-mile distribution warehouse on questions of statutory interpretation and agency deference in the Maryland Supreme Court.
FTC v. AMG (S. Ct. 2023): Represented the U.S. Chamber of Commerce in amicus brief arguing that Congress did not grant FTC power to seek monetary remedies, a position affirmed by the Supreme Court.
Furman v. Goodyear Tire (NM 2021): Argued against personal jurisdiction on behalf of Goodyear Tire.
Lawrence v. Medtronic (9th Cir. 2020): Represented Medtronic in Ninth Circuit Court of Appeals affirming dismissal of a products liability suit on preemption grounds.
Microsoft v. United States (S. Ct. 2018): Author of brief on behalf of amici European national trade organizations asking the Court to consider the potential conflict between the Stored Communications Act and the GDPR.
* Manuel v. City of Joliet (S. Ct. 2017): Successfully briefed and argued case finding that pre-trial detention without probable cause violates the Fourth Amendment and may give rise to a federal civil rights claim.
* Menominee Tribe v. United States (S. Ct. 2016): Briefed and argued case which clarified proper application of equitable tolling principles in a contracting dispute with the federal government.
* Ohio v. Clark (S. Ct. 2015): Briefed and argued case finding Sixth Amendment's Confrontation Clause to be inapplicable to out-of-court statements given by an abused child to his teacher.

(*) – cases before joined DLA piper while in government service

Multi-District Litigation and Trial Court Litigation

In re: Generics Pharmaceutical Pricing Antitrust Litigation (E.D. Pa.): Lead counsel defending major pharmaceutical manufacturer against antitrust claims brought by state Attorneys General and private class actions in the multi-district litigation.
In re: Zantac (Ranitidine) Products Liability Litigation (S.D. Fla./11th Cir.): handling class action defense and government enforcement actions for major pharmaceutical company in the multi-district litigation and related state court proceedings.
FTC v. American Future Systems (E.D. Pa.): defending privately-held subscription publication business against claims of unfair trade practices brought by the FTC and Pennsylvania Attorney General.
Lontex v. NIKE (E.D. Pa./3rd Cir.): Counsel for NIKE at federal jury trial and on appeal defending against trademark infringement claims.
Merck v. Pfizer (E.D. Pa.): Defended Pfizer against trade-secret misappropriation lawsuit.

Affirmative Government Litigation

Pfizer v. Dept of Health and Human Services (SDNY/2d Cir./S. Ct. 2022): Counsel for Pfizer in administrative law and constitutional challenge to agency interpretation of the Anti-Kickback Statute as prohibiting copay assistance for patients to afford a breakthrough treatment for a rare and fatal disease.
NetChoice v. Atty Gen. State of Florida (S.D. Fla./11th Cir./SCT): Representing Netchoice, a trade association of Internet and social media companies, in First Amendment lawsuit challenging a Florida statute attempting to regulate social media companies’ exercise of editorial discretion on their platforms; preliminary injunction of statute granted and key provisions affirmed on appeal.
Sands Bethworks v. Pennsylvania Dep’t of Revenue (Pa. 2018): Prevailed in challenging state tax on gaming operations as unconstitutional as a matter of state and federal law.

Education

J.D., University of Pennsylvania Law School
summa cum laude, Valedictorian

B.A., Harvard University
magna cum laude

Awards

Pro Bono

Bylines

“Should Third-Party Funders Be Able to Cash in on Whistleblower Cases?” Bloomberg Law (November 4, 2020)
"The slow death of agency deference? 'Potent in its place, but cabined in its scope'" DLA Piper (October 29, 2019)

Seminars

Media Mentions

Clerk Experience

Eisenstein clerked for Judge Edward R. Becker of the US Court of Appeals for the Third Circuit, after which she was awarded a one-year Bristow Fellowship with the Office of the US Solicitor General.

Other Professional Activities

Board Member, Third Circuit Bar Association, 2021-present
Co-Director, Appellate Advocacy Clinic, University of Pennsylvania School of Law, 2019-2021
Leo Model Foundation Public Policy Fellow, University of Pennsylvania School of Law, 2018-2019
Board Member, Homeless Advocacy Project, Philadelphia, PA 2017-2022
Board Member, William Penn Charter School, Philadelphia, PA, 2001-2022