Dave Alden's litigation practice focuses on product liability matters and, in particular, on actions involving prescription drugs, medical devices, tobacco, and consumer products. Dave has been pretrial, trial, and appellate counsel in matters throughout the United States. He regularly counsels clients regarding attorney-client privilege and work product issues, and Ohio's attorney-client privilege statute recently was amended as first advocated in Dave's law review article.
Dave has been national coordinating counsel for major clients, including R.J. Reynolds in smoking and health actions and prescription drug manufacturers in actions relating to prescription antidepressants and prescription opioids. He represented Bayer in an arbitration challenging Bayer's decision to terminate development of a hemophilia product in which Bayer prevailed on all claims. Dave previously was in-house counsel at a major accounting firm.
Dave coauthored Drug and Device Product Liability Litigation Strategy (Oxford Univ. Press 2d ed. 2018); "Voluntary Client Testimony As A Privilege Waiver: Is Ohio's Law Caught In A Time Warp?," 59(1) Clev. St. L. Rev. 1 (2011); and "The Meaning Of The Parallel Requirements Exception Under Lohr and Riegel," 65(3) N.Y.U. Ann. Surv. Am. L. 545 (2010). Each year since 2011, he has authored the Ohio chapter of Product Liability Desk Reference: A Fifty-State Compendium (Wolters Kluwer 2019).
Dave's pro bono representations include Raymond Towler, who was exonerated based on new DNA testing after 29 years in prison, and Douglas Prade, who was excluded from male DNA found over the murderer's bite on the victim and now seeks a new trial.
Jones Day Partner David Alden co-authors Drug & Device Product Liability Litigation Strategy (2nd ed.)
Voluntary Client Testimony as a Privilege Waiver: Is Ohio's Law Caught in a Time Warp? 59 Clev. St. L. Rev. 1
The Meaning of the Parallel Requirements Exception Under Lohr and Riegel, 65(3) N.Y.U. Ann. Surv. Am. L. 545
Drug and Device Product Liability Litigation Strategy, Oxford University Press
- December 2009
Prade asks high court for new DNA testing, Akron Beacon Journal
- August 4, 2003
Work Product Doctrine: Protecting Opinions, National Law Journal
- August 20, 2001
Privilege Protection: Consulting P.R. Firms, National Law Journal
- April 23, 2001
Litigation: Joint Defense Issues, National Law Journal
- December 4, 2000
Privilege Issues: Subpoena by Congress, National Law Journal
- July 5, 1999
Corporate Law: Defining Privilege, National Law Journal
- December 2010
Updates on the Attorney-Client Privilege and Work Product Protection, presentation to Aon Corp. Legal Department
- University of Michigan (J.D. magna cum laude 1983; Order of the Coif); Oberlin College (B.A. with honors in Economics 1980; Phi Beta Kappa)
- Ohio; Florida; U.S. Supreme Court; U.S. Courts of Appeals for the Second, Third, Fifth, Sixth, Seventh, Tenth, and Eleventh Circuits; U.S. District Courts for the Northern and Southern Districts of Ohio and Eastern and Western Districts of Arkansas
- Ohio Super Lawyers (2007, 2009-2015) — personal injury products: defense