July 16, 2025

Demystifying MDLs with Alex Parkinson of Kellogg Hansen

Subscribe to Our Newsletter

Newsletter


Kevin Skrzysowski

|

July 16, 2025

In the 34th episode of Alternative Litigation Strategies, Kevin Skrzysowski speaks with Alex Parkinson, a partner at Kellogg Hansen and the author of Practising Law Institute ‘s (PLI) newest treatise on multidistrict litigation. Alex dives into how MDLs have shaped federal litigation, what inspired him to compile a comprehensive review of JPML decisions, and how attorneys can proactively prepare for complex, high-stakes cases.

Whether you’re a seasoned litigator or just starting to navigate MDLs, this episode offers actionable insights and a behind-the-scenes look at one of the most important areas in procedural law.

This transcript has been lightly edited for grammar and clarity.

Host: Kevin Skrzysowski

Guest: Alex A. Parkinson, Partner at Kellogg Hansen and Author of Practising Law Institute’s (PLI) Comprehensive Treatise on Multidistrict Litigation

Kevin Skrzysowski:
Welcome to the latest episode of Certum Group’s podcast Alternative Litigation Strategies , where I interview esteemed members of the bar on the latest litigation trends and strategies. I’m your host, Kevin Skrzysowski, a director at the litigation consulting firm Certum Group, which provides a suite of litigation finance and insurance solutions to help companies and their counsel mitigate, cap, and transfer outcome risk.

Today, I’m very pleased to be joined by Alex Parkinson, a partner at the litigation boutique Kellogg Hansen, located in Washington, D.C. Alex is also the author of PLI’s most recent comprehensive treatise on multidistrict litigation and the judicial panel that oversees them, which is the topic of our conversation today. Alex, welcome to the program.

Alex Parkinson:
Thank you for having me, Kevin. I appreciate it.

Kevin:
Certainly. I’d like to start by diving right in. How did you become involved in the area of multidistrict litigation, and how has the field evolved since you started?

Alex:
Great question, and again, thank you for having me. This goes back to when I was in law school, probably a rising 2L. I was at a lunch talk and overheard a practicing attorney say, in reference to a high-profile data breach, maybe Equifax, that there would be a lot of litigation and that the courts would probably “park it in an MDL.” That language stuck with me.

I started reading about MDLs. They’re fascinating and everywhere. They dictate a lot of the federal civil docket, but there isn’t much written about them procedurally, nor are they usually taught in law school. That started my interest.

Then I began practicing at a firm like Kellogg Hansen, which regularly handles cases that are either part of MDLs or affected by them. We represent both plaintiffs and defendants, so MDLs became a recurring part of my practice.

In terms of how the field is evolving, MDLs evolve with society. They reflect the world around us. If there’s a major event, like a plane crash, a data breach, a mass torts issue, or an antitrust dispute. It’s likely you’ll see it processed through the MDL framework. They follow the trends of our time.

Kevin:
You raise great points. MDLs are certainly dominating the federal docket. I work on class action risk products, and a huge portion of those are MDLs. Like you said, it’s not something most people learn in law school.

So what inspired you to write this treatise now?

Alex:
It really stemmed from wanting to read more about the topic. When I got to Kellogg Hansen and started working on MDLs, I wanted to go deep. I read David Herr’s Multidistrict Litigation Manual , which is excellent, but beyond that, there wasn’t much out there.

After reading everything available, I still had questions, and I couldn’t find recent or comprehensive answers in the market. That’s what drove me to start this project.

Kevin:
Interesting. Your firm handles high-stakes litigation across sectors. How did that shape the book?

Alex:
It helped a lot. Because we litigate on both sides, plaintiff and defense. We see MDLs from all angles. That balanced experience informed how I approached the treatise. Our firm philosophy is that working both sides sharpens your overall strategy. That definitely applied to this writing project.

Kevin:
Same here. At Certum, we work on both sides, and it really informs strategy. So, as you researched and wrote this book, what surprised you the most?

Alex:
Two things: First, that so little has been written about MDLs given how influential they are. They shape the lives of consumers across the country and drive so much of the federal docket.

Second, I realized this is a manageable area of law. If I tried to write a comprehensive treatise on antitrust or patent law, I’d be overwhelmed. But with MDLs, I found it was actually possible to read every decision issued by the Judicial Panel on Multidistrict Litigation (JPML) since its inception in the 1960s. That became my baseline.

Kevin:
Did you include those cases in the book?

Alex:
Yes. There are two appendices. One catalogs every JPML decision since 1968 by subject matter: antitrust, patent, labor, etc., and by whether centralization was granted or denied. The second appendix sorts MDL cases by the factors the JPML used to select the transferee district. The goal was to be truly comprehensive.

Kevin:
So anyone reading this has a complete bird’s eye view of MDL law?

Alex:
Exactly. If you’re facing a potential MDL – say from a data breach – you can go to the appendix, find all relevant precedent, and strategize accordingly. Whether you’re trying to create or resist centralization, the book gives you the history and outcomes to build your case.

Kevin:
Who is this book for, corporate counsel, law firm lawyers, policymakers, judges?

Alex:
It’s geared toward practicing attorneys, both in-house and outside counsel. Future editions might touch on reform or policy ideas, but this edition is meant to be a practical resource.

Kevin:
Fair enough. What’s your main advice for lawyers working in this space?

Alex:
Get familiar with MDLs before you’re facing one. Once there’s a motion to centralize before the JPML, things move fast. Ideally, you’d consult this book early, when there’s only one or two suits filed, and you sense more may follow. That’s the time to plan.

Kevin:
What are the key takeaways for less experienced vs. more seasoned attorneys?

Alex:
For less experienced attorneys: this book is a great way to learn MDL procedure, which is distinct from substantive law. For more experienced attorneys: there’s no universal playbook for MDLs. This resource gives you the tools to shape a strategy tailored to your client’s goals, whether you’re for or against centralization.

Kevin:
You mentioned future editions might explore public policy. What kind of impact do you hope this edition has?

Alex:
My goals are modest. If practitioners cite this work in briefing before the JPML, I’ll consider that a win. It would mean they’re using the content, and that it’s helpful.

Kevin:
Let’s talk about PLI. How did that partnership begin, and what was it like?

Alex:
I clerked for Judge Sack on the Second Circuit, who authored the leading treatise on defamation, published by PLI. He connected me with them, and that led to the partnership. Working with PLI has been fantastic. They were patient, helpful, and generous throughout. My editor, Jacob Metric, was a great collaborator.

Kevin:
How long did it take to complete?

Alex:
Several years. I worked on it in pockets of time – early mornings, late nights, weekends. I treated it like a hobby. I even have a photo of me holding my then three-month-old son while writing. He’s six now, so that gives you an idea.

Kevin:
Did writing it change how you think about the law?

Alex:
It gave me a greater appreciation for the problem-solving built into our system. MDLs were created to manage mass litigation more efficiently, and judges have done remarkable work making that process fair and effective.

Kevin:
What advice would you give to someone considering writing a treatise with PLI?

Alex:
Do it. Even if you’re starting from scratch, it’s a rewarding experience. Just know it’s a time commitment. Talk to your firm. My firm was supportive. Kellogg Hansen has a long history of scholarship, and I had mentors who encouraged me to go for it. But yes, there were vacations where I stayed inside writing while the rest of the family went to the beach.

Kevin:
Thanks, Alex. This has been a terrific conversation. If listeners want to reach you, what’s the best way?

Alex:
My email is on our firm’s website, www.kellogghansen.com. You can reach me at aparkinson@kellogghansen.com.

Kevin:
And for listeners, the treatise is available at www.pli.edu/mdl. This episode will also be available at www.certumgroup.com, as well as on Apple, Spotify, and Stitcher.

Thanks again for listening. Until next time!

Certum Group Can Help

Get in touch to start discussing options.

Recent Content

By Patrick Dempsey • October 13, 2026
This is the fourth post in Certum Group's seven-part series bringing our Trade Secret Litigation Playbook to the blog. It draws on Part IV of the Playbook, What Your Case Is Worth. Read or download the full Playbook here . Ask a business owner what a trade secret case is worth, and the first instinct is almost always the same: what did we lose? It is the intuitive measure, and it is usually the smallest one on the table. Trade secret law rewards claim holders who think about damages more expansively than "our lost sales," and the gap between the intuitive number and the recoverable number is often enormous. There are four measures worth understanding, and lost profits is only the first. Lost profits: what you would have earned The revenue you would have earned absent the misappropriation — contracts you would have signed, renewals you would have held, pricing power you could have sustained. Lost profits require you to prove causation between the taking and the foregone revenue, which is where most of the work goes. It is a real number, but it is anchored to your own historical performance, and that ceiling is frequently lower than what the case is actually worth. Unjust enrichment: what the defendant gained This is usually the largest measure, and by a wide margin. Unjust enrichment captures everything the defendant gained by taking the shortcut: the R&D and engineering it avoided, the head-start value of reaching the market faster than an independent developer could have, the savings and margins it captured, and — in the strongest cases — disgorgement of the revenue its product earned because it was built on your secret. In software, manufacturing, and pharmaceutical cases, the avoided-time-to-market term alone can dwarf your lost profits, because it measures the defendant's entire economic benefit rather than your specific loss. Reasonable royalty: the floor An objective measure grounded in what the defendant would have paid to license the secret in an arm's-length deal. It is typically the smallest of the three, but it functions as a floor when lost profits are speculative and unjust enrichment is contested. Sophisticated claim holders do not treat it as a fallback; they treat it as an independent anchor that constrains how small the number can reasonably be. Exemplary damages and fees: what willful conduct adds If the misappropriation was willful and malicious, the DTSA and most state statutes allow enhanced damages of up to twice the compensatory award, plus attorney's fees. 1 Willfulness is not a rhetorical flourish; it is a doubling, sometimes a tripling, of the core recovery. And the evidence that establishes it — an internal email, a board slide, a pattern of ignored warnings — is exactly the kind of material that discovery tends to surface. That is why intent belongs at the center of the case from day one. The Versata signal If you want a live illustration of how large the gap can be, look at the Federal Circuit's 2026 decision in Versata Software v. Ford. The trial court had tried to cap Versata's trade secret damages at a licensing-based model — essentially, what Ford would have paid — and zeroed out the rest as an undeserved "windfall." The Federal Circuit disagreed, holding that the DTSA's text expressly allows recovery of the unjust enrichment the defendant captured, even when that figure is far larger than any license fee. The message to corporate defendants is blunt: if you misappropriate rather than license, you assume the risk that the damages will dwarf what you could have paid. The message to claim holders is just as clear — the ceiling on your case is often much higher than your accountant's first estimate. Why this matters before you file Claim holders who engage a damages expert early consistently do better — not because the expert changes the facts, but because an early damages view changes three downstream decisions. It changes which counsel you hire, because the firms built for a $50 million case are different from the firms built for a $5 million case. It changes your fee structure, because a firm weighing a contingency needs a damages view to price it. And it changes settlement posture, because a plaintiff who can articulate a well-supported range anchors the negotiation, while one who cannot is negotiating against the defendant's number. The defendant almost always knows what you might get at trial. The only question is whether you do. Go deeper with the Playbook. This post covers one piece of a much larger picture. For the full framework — what the law requires, what a strong pre-filing case looks like, how damages experts value these matters, how counsel fee structures change your economics, and how litigation finance fits in — read Certum Group's Trade Secret Litigation Playbook , our field guide for business owners and the counsel who advise them: certumgroup.com/the-trade-secret-playbook . And if you are evaluating a live dispute — or simply want to pressure-test what a matter is worth and how it might be funded — get in touch. A confidential conversation with Certum is free and carries no obligation, whether or not you ultimately seek funding. Reach us at certumgroup.com/contact-us . Sources 1. 18 U.S.C. Section 1836(b)(3)(B) (permitting recovery of unjust enrichment not addressed in computing actual loss); Section 1836(b)(3)(C)-(D) (exemplary damages up to twice the compensatory award, and attorney's fees, for willful and malicious misappropriation).
By Patrick Dempsey • September 29, 2026
This is the third post in Certum Group's seven-part series bringing our Trade Secret Litigation Playbook to the blog. It draws on Part III of the Playbook, Before You File. Read or download the full Playbook here . The call usually comes from a sales leader, a head of engineering, or a chief of staff, and it usually starts the same way: "We think someone took X, and we think they took it to Y." What happens in the next three days is disproportionately important. The most expensive mistake in trade secret practice is waiting — every week that passes lets the defendant commercialize your advantage, and worse, lets the evidence quietly disappear. Slack messages, badge records, and git histories often sit behind auto-delete settings as short as ninety days. So before you do anything else, move to preserve. Here is what good early triage looks like. Issue a litigation hold — in writing, within 24 hours A written instruction to preserve any document, chat, email, calendar, or file relating to the possible misappropriation, sent to the full legal, HR, IT, and leadership teams. It should be specific enough to be useful, broad enough to catch the unexpected, and documented enough that you can produce it later. This is the single most important thing you can do in the first day. Lock down forensic images — and don't let internal IT do it Laptops, phones, and company devices belonging to any suspected party should be forensically imaged by an outside forensics firm, not wiped or "checked" by internal IT. Chain of custody matters, and internal teams generally cannot testify to it at trial. The right instinct is to image broadly and review narrowly: you can always decline to look at a device you preserved, but you can never go back for one that was reissued, wiped, or sold. And don't forget the non-obvious sources — personal cloud drives, USB connection histories, printer spooler logs, and screen-capture utilities are often where the decisive evidence actually lives. Extend retention on cloud and platform logs Have IT extend retention on the relevant accounts and export the log data — access logs, download histories, egress traffic — before anything rolls off. The forensic story of who did what, when, and with which file is usually more persuasive to a judge than any human witness. A download at 11:47 p.m. the night before a resignation is powerful evidence because of what the timing means. Do not tip off the adversary Resist the urge to confront the suspected employee, their new employer, or their counsel. Confrontation at this stage tends to accelerate deletion and pull communications behind privilege claims. A carefully timed cease-and-desist letter, sent after preservation is secure, is a very different move — and a far more effective one. Investigate under privilege Any investigation you run should be conducted under attorney direction, so that the work product is privileged and your witness interviews do not become admissions used against you later. This is not about secrecy for its own sake. It is about making sure the investigation helps your case rather than becoming evidence in it. Consider — but do not rush — the early public filing Ex parte seizure orders, temporary restraining orders, and preliminary injunctions all have their place, and an early injunction can be the single most valuable outcome in the whole case. 1 But these motions require a level of evidentiary support you rarely have on day three. It is almost always better to spend a week building the record than to file fast and lose the first motion, which hands the defendant a narrative and hands you a hole to climb out of. The triage checklist If you want a single page to keep by the phone, it looks like this: litigation hold issued in writing within 24 hours; outside forensics firm retained and imaging scheduled; cloud and platform log retention extended; a list of suspected individuals plus their managers and peers; a list of the specific secrets that may have been taken; copies of every NDA, employment agreement, and IP assignment covering them; a review of the last 90 days of their calendar for unusual patterns; and outside trade secret counsel engaged under privilege. Do the first 72 hours well and you preserve every option that follows — injunction, damages, settlement leverage. Do them poorly and you may spend the next two years litigating around evidence you could have saved in an afternoon. If you are in the opening days of a matter and want a fast, confidential read on what to do now versus later, that is exactly the conversation we have most often. Go deeper with the Playbook. This post covers one piece of a much larger picture. For the full framework — what the law requires, what a strong pre-filing case looks like, how damages experts value these matters, how counsel fee structures change your economics, and how litigation finance fits in — read Certum Group's Trade Secret Litigation Playbook , our field guide for business owners and the counsel who advise them: certumgroup.com/the-trade-secret-playbook . And if you are evaluating a live dispute — or simply want to pressure-test what a matter is worth and how it might be funded — get in touch. A confidential conversation with Certum is free and carries no obligation, whether or not you ultimately seek funding. Reach us at certumgroup.com/contact-us . Sources 1. The ex parte seizure procedure is authorized by the Defend Trade Secrets Act, 18 U.S.C. Section 1836(b)(2), and is available only in extraordinary circumstances.
By Patrick Dempsey • September 15, 2026
This is the second post in Certum Group's seven-part series bringing our Trade Secret Litigation Playbook to the blog. It draws on Part II of the Playbook, Trade Secret Law in Plain English. Read or download the full Playbook here . Here is a statistic that surprises most executives: in federal trade secret cases that reach a verdict, plaintiffs win roughly 84% of the time. 1 That is dramatically better than the plaintiff win rate in commercial litigation generally. It does not mean every case is easy — the cases strong enough to reach a jury are a selected group — but it tells you something important about what happens when a well-built trade secret claim gets in front of a fact-finder: courts tend to enforce the rights the statute was designed to protect. So why do good claims still fail? Usually not at trial. They fail earlier, on assumptions the claim holder never stopped to test. In more than a decade of evaluating these matters, the same handful of misconceptions come up again and again. Here are six worth clearing up before they cost you a case. Myth 1: "It's only a trade secret if we stamped it CONFIDENTIAL." Marking helps, but it is not required. What matters is whether your overall secrecy program is reasonable under the circumstances — a holistic look at contractual, physical, and technical controls. A perfect stamp on an otherwise open system is worth less than a coherent program with a few gaps. Myth 2: "If part of it is public, none of it is protected." Courts routinely protect a combination of individually public facts when the particular combination delivers competitive advantage. The recipe can be assembled from ingredients anyone can buy. What you protect is the assembly. Myth 3: "Our employees signed NDAs, so we're covered." NDAs are a foundation, not a program. The full set of reasonable measures a serious claim holder is expected to have includes access controls, badging, egress monitoring, exit procedures, and technical segmentation. An NDA in the drawer and nothing behind it is exactly the gap a well-resourced defendant will press on first. Myth 4: "We didn't sue the last person who left, so it's too late now." Trade secret protection is evaluated case by case. Declining to act on one departure does not forfeit your rights as to the next one. Every matter stands on its own facts. Myth 5: "We're too small to enforce against a big company." This one gets the economics backwards. A well-funded claim against a large, solvent defendant is often easier to win — and easier to collect — than a disorganized claim against a small one. Resources can be added to a strong case; facts cannot be added to a weak one. The right capital partner exists precisely so that a smaller plaintiff can stand toe-to-toe with a much larger adversary and neutralize the outspend-them tactics that used to decide these fights. Myth 6: "It's just know-how — courts don't protect that." Courts protect integrated know-how constantly. The question is never whether know-how is capable of protection; it is whether you can identify it with enough particularity to describe what was taken. 2 That is the single most consequential early decision in the case, and it is the one most claim holders do not realize they are making when they plead "our proprietary software" instead of the specific, described combinations that actually give them an edge. The through-line Notice what these myths have in common: each one leads a claim holder to under-invest in a case that the numbers say is very winnable. The 84% figure is not a promise. It is an invitation to take the early work seriously — the secrecy program, the identification, the evidence — because that work is what turns a strong set of facts into a strong case. Get those right, and the law is on your side more often than in almost any other kind of commercial dispute. Go deeper with the Playbook. This post covers one piece of a much larger picture. For the full framework — what the law requires, what a strong pre-filing case looks like, how damages experts value these matters, how counsel fee structures change your economics, and how litigation finance fits in — read Certum Group's Trade Secret Litigation Playbook , our field guide for business owners and the counsel who advise them: certumgroup.com/the-trade-secret-playbook . And if you are evaluating a live dispute — or simply want to pressure-test what a matter is worth and how it might be funded — get in touch. A confidential conversation with Certum is free and carries no obligation, whether or not you ultimately seek funding. Reach us at certumgroup.com/contact-us . Sources 1. Stout, Trends in Trade Secret Litigation (2024), reporting an approximately 84% plaintiff-favorable outcome rate across 271 federal trade secret cases reaching a verdict since 2017. 2. Both the federal Defend Trade Secrets Act (18 U.S.C. Section 1836) and the state Uniform Trade Secrets Act define a trade secret as information that derives independent economic value from not being generally known or readily ascertainable, and that is the subject of reasonable measures to keep it secret.