• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar

McCarter & English Logo

  • People
  • Services
  • Insights
  • Our Firm
    • Leadership Team
    • Social Justice
    • Diversity & Inclusion
    • Pro Bono
    • Client Service Values
  • Join Us
    • Lawyers
    • Summer Associates
    • Patent Professionals
    • Professional Staff
    • Job Openings
  • Locations
    • Boston
    • Philadelphia
    • East Brunswick
    • Stamford
    • Hartford
    • Trenton
    • Newark
    • Washington, DC
    • New York
    • Wilmington
  • Share

Share

Browse Alphabetically:

  • A
  • B
  • C
  • D
  • E
  • F
  • G
  • H
  • I
  • J
  • K
  • L
  • M
  • N
  • O
  • P
  • Q
  • R
  • S
  • T
  • U
  • V
  • W
  • X
  • Y
  • Z
  • All
Bankruptcy, Restructuring & Litigation
Blockchain, Smart Contracts & Digital Currencies
Business Litigation
Cannabis
Coronavirus Resource Center
Corporate
Crisis Management
Cybersecurity & Data Privacy
Delaware Corporate, LLC & Partnership Law
Design, Fashion & Luxury
E-Discovery & Records Management
Energy & Utilities
Environment & Energy
Financial Institutions
Government Affairs
Government Contracts & Global Trade
Government Investigations & White Collar Defense
Healthcare
Immigration
Impact Investing
Insurance Recovery, Litigation & Counseling
Intellectual Property
Labor & Employment Law
Life Sciences
Manufacturing
Products Liability, Mass Torts & Consumer Class Actions
Proptech
Public Finance 
Real Estate
Renewable Energy
Sports & Entertainment
Tax & Employee Benefits 
Technology Transactions
Transportation, Logistics & Supply Chain Management
Trusts, Estates & Private Clients 
Venture Capital & Emerging Growth Companies
  • Broadcasts
  • Events
  • News
  • Publications
  • View All Insights
Search By:
Makenzie Windfelder
Alternate image for Makenzie Windfelder

Makenzie Windfelder

Partner

Chair, E-Discovery & Records Management Group

302.984.6327
Wilmington
mwindfelder@mccarter.com

Makenzie Windfelder is a veteran litigator and chair of the firm's E-Discovery & Records Management group. She regularly represents some of the world’s largest pharmaceutical and medical device manufacturers in high-stakes product liability and multidistrict litigation. She is valued by clients for her depth of experience particularly in the realm of e-Discovery, where she advises clients on complex discovery issues and implementation of defensible, consistent, cost effective strategies.

Makenzie has been involved in defending major pharmaceutical companies in various state and federal product liability, antitrust, and patent litigations where she has assisted with witness preparation, interviewing and advising company employees, and liaising with regional and national defense counsel on a variety of issues.

Makenzie has collaborated with counsel on defense steering committees as lead defensive discovery counsel, appearing in court and managing all aspects of e-discovery, helping to ensure discovery does not become an expensive side show. She routinely advises clients on issues relating to litigation preparedness as well as discovery strategy in active litigation, including implementation of cost-efficient, defensible, and consistent discovery strategies and protocols.

Makenzie has considerable experience in the electronic discovery arena and has served as Special Discovery Master in the Superior Court of Delaware. She is also a member of the Electronic Discovery Institute and the Sedona Conference® Working Group on Electronic Document Retention and Production.

In her general practice, Makenzie has experience litigating arbitrations and disputes in both federal and state courts in Delaware, New Jersey, and Pennsylvania.

Makenzie is a member of McCarter’s Diversity and Inclusion Committee and McCarter’s Women’s Initiative Steering Committee, which presides over the policies that have led to McCarter receiving Gold Standard Certification from the Women in Law Empowerment Forum for five consecutive years. Prior to joining McCarter, Makenzie worked in sales and marketing for two global pharmaceutical companies.

Makenzie is actively engaged in providing pro bono representation to clients through Delaware Volunteer Legal Services, which contributed to the Delaware State Bar Association awarding McCarter & English the Leadership Award for its commitment to Delaware’s indigent population.

Representative Matters

International pharmaceutical company—National E-Discovery counsel for opioid litigation 

Serving as national E-Discovery counsel to an international pharmaceutical company and affiliates in opioid litigation involving thousands of cases filed by multiple state and local government entities as well as private plaintiffs asserting claims relating to the clients’ alleged sales, marketing and/or distribution practices with respect to prescription opioid medications. Many of these cases have been coordinated in a federal MDL pending in the U.S. District Court for the Northern District of Ohio, while others remain pending in various state courts.

Multinational pharmaceutical company—Member of the defense steering committee and national discovery counsel in proton-pump inhibitor multi-district litigation

Serving on the defense steering committee and as national discovery counsel to a major multinational pharmaceutical business in ongoing and high-profile litigation alleging a class of heartburn drugs cause chronic kidney disease, renal failure, or other kidney problems. The representation involves over 10,000 cases, and includes appearing in Court and advising on all discovery issues related to In Re: Proton-Pump Inhibitor Products Liability Litigation, a multi-district litigation in the U.S. District Court, District of New Jersey, and in numerous state courts across the country.

Court-appointed Special Discovery Master—Superior Court of Delaware 

Served as Special Discovery Master in Novipax Holdings LLC v. Sealed Air Corp, a closely watched litigation in the Superior Court of Delaware involving issues related to anti-reliance clauses and fraud claims in merger agreements. 

Fortune 100 management services company—Summary judgment  

Served as discovery counsel for Fortune 100 client sued for $50 million in damages in the Middle District of Florida.  Court granted summary judgment, pursuant to discovery which proved client was a mere conduit and therefore did not have control of funds and carried out its obligations in good faith.

Fortune 500 pharmaceutical company—Summary judgment in proton-pump inhibitor bone fracture litigation 

Served on the team that obtained summary judgment for a Fortune 500 pharmaceutical company in the PPI bone fracture multi-district litigation. After granting our motion to exclude plaintiffs’ expert testimony on general causation, the Court granted our general causation motion for summary judgment in its entirety, resulting in the dismissal of the remaining plaintiffs in the MDL. There were in excess of 1,700 plaintiffs in the MDL; plaintiffs have paid the pharmaceutical company ~$80,000 in sanctions. The company has paid no settlements, and all of the claims have been or will soon be dismissed. There are still 37 cases left in California state court, although we are hopeful that the state court judge will be influenced by the MDL court’s analysis and decision.

Multinational pharmaceutical company—National discovery counsel in defense of mass tort claims targeting blockbuster cholesterol treatment

Served as national discovery counsel in the defense of hundreds of cases consolidated in the Superior Court of the State of California that alleged a multinational pharmaceutical company’s blockbuster cholesterol drug causes diabetes, cardiovascular problems, and liver and kidney problems.

Fortune 500 pharmaceutical company—National discovery counsel in high-profile antipsychotic products liability litigation

Served as national discovery counsel in mass tort litigation targeting a blockbuster antipsychotic drug.  Managed what was at the time the largest and most compressed ESI production effort in the history of electronic discovery. Responsible for the oversight and management of a review team comprised of over 800 reviewers. Produced ~4,752,000 documents (40 million pages) and 13GB of structured data.

Pharmaceutical company—National discovery counsel in Bupivacaine pain pump litigation

Served as national discovery counsel in Bupivacaine pain pump litigation. Managed discovery for litigation filed in various jurisdictions nation-wide. Conferred with numerous plaintiffs' counsel for the purpose of memorializing the terms of ESI Agreements and Protective Orders and drafting of same. 

Co-promoters of blockbuster diabetes drug—E-Discovery counsel in multidistrict litigation

Served as E-Discovery counsel in MDL in which plaintiffs allege that they suffered diabetic ketoacidosis and kidney damage from a blockbuster diabetes drug.  The plaintiffs alleged that the drug’s co-promoters failed to adequately test the drugs and to warn doctors and patients of risks. 

Various litigation matters—Served as co- and local counsel for discovery matters

Liaised with national counsel in numerous matters, including product liability, patent and antitrust litigations, on discovery issues, as well as drafting and negotiating favorable orders that tailor the scope of discovery to align with litigation strategy.

sidebar

pdfemail

Services

Pharmaceutical & Medical Device Litigation
Products Liability, Mass Torts & Consumer Class Actions
E-Discovery & Records Management
Class Action & Multidistrict Litigation
Life Sciences

Education

The Beasley School of Law at Temple University JD
Seton Hall University School of Law Healthcare Compliance Certificate
University of Pittsburgh BA, cum laude

Bar Admissions

Delaware
New Jersey
Pennsylvania

Court Admissions

U.S. District CourtEastern District of PennsylvaniaU.S. District CourtDistrict of DelawareU.S. District CourtDistrict of New Jersey

Memberships & Affiliations

International Association of Defense Counsel

American Bar Association

ABA Section of Litigation
Co-Chair, Editor, Products Liability Committee

Delaware State Bar Association

Delaware State Bar Association Combined Campaign Cup to benefit the Combined Campaign for Justice
Co-Chair

New Jersey State Bar Association

Pennsylvania State Bar Association

Delaware Technology Inn of Court

Electronic Discovery Institute

Sedona Conference Working Group on Electronic Document Retention & Production

The National Association of Women Lawyers

McCarter & English Women’s Initiative Steering Committee

McCarter & English Diversity and Inclusion Committee

Insights Speaking Hands
News|Quote
Industry Roundtable: Women in Business
Delaware Business Times
2.26.2018
Insights Awards Stars
News|Recognition
First Judicial District Names McCarter Attorneys to Pro Bono Roll of Honor
11.11.2016
Insights Speaking Hand
Events|Speaking Engagement
Ethical Considerations in eDiscovery
McCarter & English CLE Series
12.9.2015
Insights News Contract Stack
Publications|Article
Civil Rules Roundtable: Proportion – Not Perfection
Metropolitan Corporate Counsel
12.1.2015
Insights Speaking Microphone
Events|Speaking Engagement
Discovery Practice Today: Navigating the Pending Changes to the Federal Rules & Cross Border Discovery
The Legal Intelligencer: In-House CLE Seminar
10.22.2015
Insights Speaking Microphone Women
Events|Speaking Engagement
Amendments to the Federal Rules and Issues in Cross Border Discovery
McCarter & English CLE Series
10.15.2015
Media item displaying McCarter & English Promotes Six to Partnership
News|Press
McCarter & English Promotes Six to Partnership
McCarter Press Release
4.14.2015
Insights Speaking Microphone
Events|Speaking Engagement
Can I Do That with This Witness?: An Ethics Primer on Interacting with Witnesses at Deposition and Trial
American Bar Association Continuing Legal Education Program
1.30.2015
Insights News Printing Press
News|Quote
How to Avoid Being a Discovery Pushover
Law360
11.24.2014
Insights Publication Magazine Open Stack
Publications|Article
Data on the Move: The Evolution of Mobile Tech and Compliance
Corporate Compliance Insights
6.2.2014
McCarter & English, LLP
Copyright © 2021 McCarter & English, LLP. All Rights Reserved.
  • Login
  • Attorney Advertising
  • Privacy
  • Awards Methodology
  • Contact
  • Subscribe
  • Sitemap

The McCarter & English, LLP website is for informational purposes only. We do not provide legal advice on this website. We can provide legal advice only to our clients in specific inquiries that they address to us. If you are interested in becoming a client, please contact us, but do not send any information about your specific legal question. We cannot serve as your lawyers until we establish an attorney-client relationship, which can occur only after we follow procedures within our firm and after we agree to the terms of the representation.

Accept Cancel