Matt Holian

Partner

By far, [Matt] is one of the easiest lawyers to work with. He is incredibly client-focused. You are the center of his attention. He is a lawyer who really makes you think he cares about your company.

— CHAMBERS USA 2024

Emailmatt.holian@us.dlapiper.com

Call+1 617 406 6009

Boston

About

Matt Holian is a leading strategist in complex, multi-jurisdictional product liability and related lawsuits, particularly federal multi-district litigation (MDL), for which DLA Piper's Product Liability and Mass Tort practice group has been recognized by The Legal 500 as Tier 1 since 2014 and by Chambers as Band 2 or Band 3 since 2015. In those cases, Matt defends his clients from start to finish, beginning with risk assessments before litigation commences and continuing through pretrial discovery, bellwether trials and, ultimately, resolution. As part of DLA Piper's team, Matt has won precedent-setting, litigation-ending victories involving general causation and preemption defenses and, where those defenses are not available, he has led efficient and favorable resolutions that protect his clients' business interests. Matt's MDL cases primarily involve the pharmaceutical, medical device, and chemical industries. He also has litigated cases involving the False Claims Act, consumer fraud, and commercial disputes relating to licensing agreements.

Clients commented that Matt “provides high-level strategic advice”; is “very smart and provides clear recommendations, while also being decisive and timely”; and “has done a great job of getting some delicate issues resolved.” One client reported: “By far, [Matt] is one of the easiest lawyers to work with. He is incredibly client-focused. You are the center of his attention. He is a lawyer who really makes you think he cares about your company.”

In addition to his litigation practice, Matt also has an active regulatory and enforcement practice, which includes conducting compliance investigations, counseling clients regarding research and development issues (including defending hundreds of claims asserted by patients in clinical trials) and advising life sciences and other clients on a wide range of emerging regulatory issues, such as product labeling, First Amendment challenges to promotional restrictions, real word evidence and value-based contracts. From 2016-2024, Matt served as the Global Co-Chair of DLA Piper's Life Sciences Sector.

Areas of FocusHealthcare Life Sciences Litigation, Arbitration and Investigations Life Sciences Transactions Life Sciences Litigation

Bar admissionsCaliforniaMassachusetts

CourtsAll California state and federal district courtsAll Massachusetts state courtsUnited States Court of Appeals for the Seventh CircuitUnited States Court of Appeals for the Ninth Circuit

EXPERIENCE

Representative of his experience are the following cases:

In re Zantac (Ranitidine) Products Liability Litigation, MDL 2924 (SD. Fla.): Serve as co-national counsel for Sanofi in MDL and state court litigation involving thousands of cancer claims and third party payor, medical monitoring, and consumer fraud class actions; obtained exclusion of plaintiffs’ experts’ testimony on general causation, the largest Daubert victory for the defense in history (measured by the number of plaintiffs dismissed) (2022 WL 17480906 (S.D. Fla. Dec. 6, 2022))
In re Aqueous Film-Forming Foams Products Liability Litigation, MDL 2873 (D.S.C.): Serve as national counsel for BASF Corporation in actions involving claims of environmental contamination, medical monitoring, and personal injury from PFAS chemicals allegedly due to fire-fighting foam
In re Chantix (Varenicline) Marketing, Sales Practices, & Products Liability Litigation (II), MDL 3050 (S.D.N.Y.): Serve as co-national counsel for Pfizer in litigation seeking refunds of purchase of Chantix due to alleged nitrosamine contamination
In re Viagra (Sildenafil Citrate) and Cialis (Tadalafil) Products Liability Litigation, MDL 2691 (N.D. Cal.): Co-national counsel for Pfizer in product liability litigation alleging that Viagra and other PDE5 inhibitors cause melanoma; obtained exclusion of plaintiffs’ experts’ testimony on general causation, resulting in summary judgment on all claims for defendants (424 F. Supp. 3d 781 (N.D. Cal. 2020))
In re Eliquis Products Liability Litigation, MDL 2754 (S.D.N.Y.): National counsel for Bristol-Myers Squibb Co. and Pfizer in product liability litigation alleging that Eliquis causes bleeding, in which the DLA Piper team obtained landmark rulings finding that plaintiffs’ claims were preempted at the pleading stage (Utts v. Bristol-Myers Squibb Co., 226 F. Supp. 3d 166, 177 (S.D.N.Y. 2016) ("Utts I"); Utts v. Bristol-Myers Squibb Co., 251 F. Supp. 3d 644, 658 (S.D.N.Y. 2017) ("Utts II")). The MDL decisions were affirmed on appeal (Gibbons v. Bristol-Myers Squibb Co., No. 17-2638, 2d Cir. Mar. 26, 2019), a ruling the Drug & Device Law Blog called "the TwIqbal decision to end all TwIqbal decisions" in the preemption context and noted, "If anyone wonders why we consider preemption our side’s most powerful defense, Gibbons is Exhibit A."
In re Proton Pump Inhibitor Products Liability Litigation, MDL 2789 (D.N.J.): National counsel for Pfizer and Wyeth in product liability litigation alleging that proton pump inhibitors Protonix and Nexium 24HR (OTC) cause chronic kidney disease and other kidney injuries
Talc Product Liability Litigation: National counsel for BASF Catalysts LLC in nationwide litigation involving personal injuries allegedly caused by talc
Tecfidera Litigation: Counsel for Biogen in personal injury suits involving MS medication
In re Testosterone Replacement Therapy Products Liability Litigation, MDL 2545 (N.D. Ill.): National counsel for Pfizer and Pharmacia & Upjohn in product liability litigation involving testosterone replacement therapies; obtained orders dismissing all claims against clients, including failure-to-warn and design claims on basis of impossibility preemption, which were affirmed by 7th Circuit (Guilbeau v. Pfizer Inc., 2018 WL 476343 (7th Cir. Jan. 19, 2018))
In re Chantix (Varenicline) Products Liability Litigation, MDL 2092 (N.D. Ala.): Appointed by MDL court as Defendants' Liaison Counsel in product liability litigation involving Chantix, an aid to smoking cessation treatment; obtained ruling that label was adequate as a matter of law (In re Chantix (Varenicline) Prods. Liab. Litig., 881 F. Supp. 2d 1333 (N.D. Ala. 2012))
Pepe v. Genzyme Corporation et al. (D. Mass.): Represented Genzyme in putative class action relating to DNA testing services
In re Prempro Products Liability Litigation, 738 F. Supp. 2d 887 (E.D. Ark. 2010): Obtained ruling excluding plaintiffs’ experts’ opinion that estrogen-only hormone therapy causes breast cancer
In re Bextra and Celebrex Marketing, Sales Practices and Products Liability Litigation,MDL No. 1699 (N.D. Cal.): Defended Pfizer in product liability and consumer fraud litigation involving selective COX-2 inhibitors; obtained exclusion of any expert opinions that Celebrex causes heart attacks and strokes at the most commonly prescribed dose (524 F.Supp. 2d 1166 (N.D. Cal. 2007)), which CNN.Money called "one of the most important 'gatekeeping' rulings ever rendered in a mass-tort case"; oversaw resolution program for thousands of cases
Represented Pfizer in securities class action involving disclosures related to COX-2 inhibitors
Baycol Litigation: Defended Bayer in product liability litigation involving Baycol, a prescription cholesterol-lowering medication; served on six trial teams in three states
Buckingham v. Bayer Corporation (San Diego Superior Court): Obtained dismissal with prejudice of putative consumer fraud litigation against Bayer involving Aleve on preemption grounds
Defended a clinical research organization in suits alleging breach of contract, conversion and trade secret misappropriation.
Represented students with special needs in proceedings against school districts relating to Individualized Education Programs, with a focus on children with autism spectrum disorder

Education

J.D., Stanford University 2000
Order of the Coif
Teaching Assistant, Federal Litigation
Associate Editor, Stanford Law Review
Senior Editor, Stanford Law and Policy Review
Co-President, Stanford Law Students Association

B.A., Harvard University 1995
Social Studies
Phi Beta Kappa
Truman Scholar
magna cum laude

Awards