Carolyn J. Kubota

Kubota draws on her 12 years of experience as an assistant U.S. attorney in the Los Angeles U.S. Attorney's office when representing major domestic and international companies in their most high-stakes investigations and litigation matters, with an emphasis on the pharmaceutical industry.

She serves as co-lead national counsel for Johnson & Johnson in more than 600 cases, including a federal multidistrict litigation pending in Cleveland, numerous cases pending in state courts around the country, and a multistate attorney general investigation -- all related to her client's manufacturing and sale of opioids. The cases and investigation focus on allegations that the company violated state consumer fraud statutes and created a public nuisance by misrepresenting the safety and effectiveness of opioid pain medications, and thereby causing the current opioid epidemic. In re: National Prescription Opiate Litigation, 1:17-CV-2804 (N.D. Ohio, consolidated Dec. 12, 2017).

Since Kubota's 2017 move to Covington, she and her prior firm have shared the role of lead counsel for their pharmaceutical manufacturer. At the time she joined the firm, Covington already represented a major pharmaceutical distributor in the same matter.

"These are all consumer fraud cases," she said. "How far can you go with a consumer fraud theory in saying that this entire epidemic resulted from alleged misstatements in product material? It'll test the limits of causation in the consumer fraud context, so we'll see."

Kubota also serves as national counsel for Johnson & Johnson in four pending litigations and an investigation by 43 state attorneys general all related to allegations that the company violated state consumer fraud statutes by misrepresenting the safety and effectiveness of its pelvic mesh medical devices. People of the State of California v. Johnson & Johnson, et al., 37-2016-00017229-CU-MC-CTL (San Diego Super. Ct., filed May 24, 2016).

Kubota is lead counsel for the United States Olympic Committee in multiple cases pending in California related to Dr. Larry Nassar's sexual abuse of former Olympic athletes. Maroney v. Michigan State University, et al., BC687396 (L.A. Super. Ct., filed Dec. 20, 2017).

"These are women who were allegedly, and I certainly don't have reason to doubt to believe, being sexually assaulted by Larry Nassar, and they filed suit with Nassar himself and USA Gymnastics," Kubota said.

-- Matthew Sanderson