Susan M. Sharko
Susan Sharko is a certified civil trial attorney who concentrates her practice on products liability and mass torts. She has significant experience managing pharmaceutical and medical device litigation in federal and state courts throughout the United States, including the successful strategic development of Daubert motions and Daubert hearing presentations and arguments. Susan is highly regarded for her experience as global and national coordinating counsel in multidistrict pharmaceutical and medical device litigations. She also has significant experience in the design, negotiation and implementation of large national settlement programs. She has been appointed as lead and liaison counsel in MDL and state court litigations in New Jersey and around the country many times.
View the full bio for Susan M. Sharko at the Faegre Drinker website.
Articles by Susan M. Sharko:
You can pay for the dinner, but you cannot pick when, where or what we’re eating. At least that’s what a Magistrate Judge in the District of New Jersey decided last week in Harish v. Arbit, No. CV 21-11088-EP-AME, 2025 WL 354434 (D.N.J. Jan. 31, 2025), a patent dispute that resulted in the disqualification of two law firms from representing two defendants because the defense was funded, at least in part, by a non-party with an interest in the patent.
Adversarial Standing
Plaintiff maintained that defense counsel violated N. J. Rule of Professional Conduct 1.8(f) when they represented defendants and a non-party payer. The Court held that the plaintiff, as an adversary, had standing to raise a potential conflict of interest and bring a motion to disqualify. While the Court noted that the Third Circuit had not ruled on the issue directly, “this District has held that ‘[a]dversaries, as well as former clients, may raise conflict of interest concerns.’”
Continue reading “You Can Buy Me Dinner, But Don’t Expect to Choose My Entrée: Motion to Disqualify for Non-Party Litigation Funding Conflicts of Interest”
