Alena M. Markley

Product Liability & Medical Device Litigation

Alena focuses her product liability practice on medical device litigation, defending medical device companies in cases ranging from single-plaintiff actions to multidistrict litigations in state and federal courts throughout the United States. She is experienced in virtually all phases of litigation, including pre-suit negotiations and investigations, pretrial motion practice and pleadings, fact and expert discovery, trials, and appeals.

Clients appreciate Alena’s attention to detail, effective communication style, and practical approach to litigation and dispute resolution.

Representative Experience

• Defended a medical device manufacturer in cases involving implantable cardiac devices. Obtained numerous dismissals on early motions in various jurisdictions, including federal district courts in California, Louisiana and Texas. In Louisiana, the plaintiffs appealed the decisions to the Fifth Circuit Court of Appeals, which affirmed the dismissals in favor of the client.
• Defended a medical device manufacturer against allegations of trade secret misappropriation. After years of discovery, and weeks of evidence at trial in the Commercial Division of the New York Supreme Court, New York County, the parties agreed to resolve the plaintiff’s claim on favorable terms on the eve of closing arguments.
• Defended a medical device manufacturer against product liability claims involving implantable cardiovascular devices. Obtained numerous dismissals and favorable settlements for the client facing a potential mass tort, so that the client ultimately faced only dozens (rather than thousands) of cases.
• Defended an eye care company in a product liability lawsuit involving an ophthalmic surgical product in federal district court.

Personal Interests

Outside of work, Alena loves spending time with her husband and two kids. When she has some downtime, she enjoys taking long walks, exploring new restaurants, and any chance to spend time by the beach.