Wendi J. Frisch defends clients in products liability cases in state and federal court, with an emphasis on the defense of pharmaceutical and medical device manufacturers and distributors. She defends her clients in individual lawsuits, mass torts, and multidistrict litigation, having served as both national and regional counsel on behalf of her clients.
In court, Wendi has defended manufacturers and distributors of prescription and non-prescription medications and supplements, cardiopulmonary bypass machines, heart valves, microcatheters, bronchial stents, cochlear implants, cold therapy products, pain pumps, lasers, dermal fillers, transdermal patches, robotic surgical devices, ophthalmic viscoelastic products, contact lens solutions, and wheelchairs. Wendi has also represented component part suppliers, bulk material suppliers, and manufacturers in cases involving gym equipment, asbestos, and chemical exposure.
Wendi also litigates complex insurance coverage disputes on behalf of insurance company clients, and provides advice and counsel on a range of insurance coverage issues. She has successfully defended insurance companies in coverage and bad faith litigation concerning business disputes, hazardous waste or pollution claims, asbestos exposure and automobile accidents. She has also represented insurers in prosecuting or defending claims for contribution, indemnity and subrogation, including claims involving lost policies.
Wendi has authored numerous opinion, reservation of rights and denial letters, advising insurance company clients with respect to their obligations for first and third party claims under general liability, employers’ liability, professional liability, auto liability, homeowners and excess and umbrella policies. She also has investigated suspected fraudulent claims under first party property insurance policies and provided guidance on the handling of suspicious claims.
As a Certified Information Privacy Professional/U.S (CIPP/US), Wendi provides strategic advice to clients regarding regulatory and discovery compliance, including negotiations with governmental agencies regarding responses to FDA audit reports and Freedom of Information Act (“FOIA”) requests. She also counsels clients regarding complex records preservation and collection issues, litigation holds, e-discovery (ESI), and records management and privacy practices.
Certified Information Privacy Professional/U.S. (CIPP/US)
USC Interdisciplinary Law Journal, member (1998-1999)
Defense Research Institute
International Association of Privacy Professionals (IAPP)
State Bar Licenses
- Obtained complete dismissal of all claims against the manufacturer of a surgically implanted Class III medical device, based on federal preemption in federal court.
- Obtained complete dismissal of all claims against the manufacturer of a robotic surgical device, based on statute of limitations in California state court
- Obtained dismissal of all fraud claims against the distributor of a prescription pharmaceutical in multidistrict litigation.
- Published opinion, Funke v. Sorin Group USA, Inc., 147 F. Supp. 3d 1017 (C.D. Cal. 2015)
- Co-author, California Property Insurance: Law and Litigation Treatise (published by Continuing Education of the Bar, updated in 2015)
- Consultant, Neighbor Disputes: Law and Litigation Treatise, Chapters 3, 4, 6, 10, 11, 12, 17, 18 (published by Continuing Education of the Bar, updated in 2015)
- Attorney General Kamala Harris Issues California Data Breach Report, November 25, 2014
- Manufacturer May be Held Liable for Another’s Product When Intended, Combined Use Causes Harm (June 13, 2012)
- MPP Obtains Dismissal in Clinical Trial Case (February 9, 2012)
- Published Opinion, Gutierrez v. Advanced Medical Optics, Inc., 640 F.3d 1025 (9th Cir. 2011)
- Supreme Court Rules that State Failure to Warn Claims Against Generic Drug Manufacturers are Preempted (June 27, 2011)
- Recovering Medical Costs: Who Gets the Benefit of Write-Offs by Medical Providers, published in Volume 18, Issue 2, of the American Bar Association’s Products Liability Newsletter