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Fulbright & Jaworski L.L.P.

Terry Tottenham, Tottenham, Fulbright & Jaworski L.L.P., Fulbright & Jaworski, Fulbright and Jaworski, Fulbright, health law, discovery of physician peer-review files, discovery and physician-patient privilege, Pharmaceutical Liability Litigation, medical device liability litigation, AIDS litigation, Mediation, medical malpractice, risk management, patient rights, confidential patient records, HIV/AIDS testing and confidentiality, medical treatment issues, informed consent, healthcare, pharmaceutical products liability, medical device products liability, medical peer review, administrative hearings, class actions, class certifications, class settlement funds, Houston, George Washington University, George Washington, University of Texas School of Law, UT, University of Texas
Terry O. Tottenham - Fulbright & Jaworski LLP
Terry O. Tottenham
Of Counsel
D: +1 512 536 4555
Austin
98 San Jacinto Boulevard
Suite 1100
Austin, TX 78701-4255
T: +1 512 474 5201
F: +1 512 536 4598

Civil Trial Law
Personal Injury Trial Law
AREAS OF CONCENTRATION
EXPERIENCE

A partner since 1978, Terry Tottenham's practice encompasses complex litigation in both federal and state courts throughout the United States. 

Terry heads the firm-wide pharmaceutical and medical device litigation practice group and is a former Partner-in-Charge of the Austin location. Terry is certified in Personal Injury and Civil Trial Law by the Texas Board of Legal Specialization. He also is certified in Civil Pretrial Practice and Trial Advocacy by the National Board of Trial Advocacy.

As State Bar President, Tottenham initiated Texas Lawyers for Texas Veterans, a state-wide coalition of Texas lawyers who provide pro bono legal services to needy veterans and their families.  This popular program has been replicated in 14 states and is under consideration in many others.

He also was the first recipient of the David Garner Pro Bono Award by the Texas Board of Legal Specialization and received a Texas Law Fellowship Excellence in Public Interest Award.

As Chair of the American College of Trial Lawyers Teaching Trial and Appellate Advocacy Committee, he created a CLE program for public interest lawyers that is being used throughout the United States and Canada. 

REPRESENTATIVE EXPERIENCE
  • Successfully defended a landmark Texas case alleging that cellular phones cause brain cancer
  • Served as national trial counsel for an international pharmaceutical company in PPA and Hemophilia/AIDS litigation
  • Served as regional trial counsel for different pharmaceutical companies in the IUD and DES litigation
  • Represented as co-counsel an international biotechnology company in a patent infringement case that resulted in a $7.8 million dollar jury verdict for the company
  • Represented a major hospital system in successfully defeating a class action in the non-profit hospital litigation
PROFESSIONAL ACTIVITIES and MEMBERSHIPS
  • American College of Trial Lawyers, Fellow
    • Teaching Trial and Appellate Advocacy Committee, Chair, Created nation-wide training program for improving trial advocacy skills of pro bono and public interest lawyers
    • Jury Committee, Chair
  • International Academy of Trial Lawyers, Fellow, member of Board of Directors 
  • International Society of Barristers, Fellow
  • American Board of Trial Advocates, President of the Austin Chapter
  • International Association of Defense Counsel
  • American Bar Association
    • Medicine and Law Committee, former Chair
    • Litigation Section
    • Tort and Insurance Practice Section
    • House of Delegates
  • State Bar of Texas
    • Health Law Section, Founder and First Chair 
    • Litigation Section, former Chair
    • Board of Directors (2009 - 2012)
    • President-Elect (2009 - 2010)
    • President (2010 - 2011)
  • Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families
  • American Bar Foundation, Life Fellow
  • American Academy of Healthcare Attorneys, Board of Directors, former member
  • Defense Research Institute - Pharmaceutical and Medical Device Steering Committee
  • Texas Bar Foundation, former Board of Trustees and Life Fellow
  • Texas Association of Defense Counsel
  • Texas Board of Legal Specialization, Board of Directors, former member 
  • Robert W. Calvert Inns of Court, Master of the Bench
PROFESSIONAL HONORS
  • Legal 500 U.S. Guide,Intellectual Property: Patent Litigation – Hi-tech Electronics/IT
  • Chambers U.S.A., Leading Lawyer in Products Liability
  • LawDragons 500, Top 500 Lawyers in the U.S.
  • International Who's Who of Product Liability Defense Lawyers
  • Who's Who in the World
  • Who's Who in America
  • Who's Who in American Law
  • The Best Lawyers in America
  • "Top 10 Texas Super Lawyer," number 3 in Texas (2008) 
  • Benchmark Litigation, "Highly Recommended," Texas: Product Liability National, Product Liability (2013)
  • "Texas Top Rated Lawyer," LexisNexis Martindale-Hubbell (2012)
  • "Texas Super Lawyer in Civil Litigation Defense Law"
  • "The Best of the Best USA 2012," Expert Guides
  • "Litigation and Product Liability Lawyer," Expert Guides (2012)
  • Texas Board of Legal Specialization, First David Garner Pro Bono Award
  • State Bar of Texas, Gene W. Cavin CLE Excellence Award
  • Texas Board of Legal Specialization, First David Garner Pro Bono Award (2003)
  • State Bar of Texas, Gene W. Cavin CLE Excellence Award (1992)
  • Faculty Service Award, University of Texas School of Law 
  • Honorary Barrister Award, Board of Advocates, University of Texas School of Law
  • Honored Alumnus, University of Texas Friar Society (oldest and highest honorary organization on campus)
  • Texas Law Fellowships Excellence in Public Interest Award
  • Texas Veterans Commission Excellence Award
  • State Bar of Texas Military Law Section's Bryan Spencer Award
  • James B. Sales Boots on the Ground Award, Texas Supreme Court's Access to Justice Commission
  • Distinguished Alumnus Award, Brenham Independent School District
  • Distinguished Lawyer Award, Austin Bar Association
  • Pro Bono Service Award, Texas Legal Services Center
PUBLICATIONS
  • Contributor, Texas Medical Jurisprudence, Fulbright & Jaworski L.L.P.
    • This is a textbook used in Texas medical schools and a study guide for physicians seeking licensure in Texas
  • Author and Presenter, Hospital Liability Update, Advanced Personal Injury Law Course, State Bar of Texas
SPEECHES

Terry has given over 300 presentations to lawyers, physicians and other health care providers throughout the United States..  Sample presentations include:

  • "Summary Judgment Update", State Bar of Texas Advanced Personal Injury Law Course, 2012
  • "Storytelling at Trial," TEX-ABOTA Annual Meeting, Sante Fe, New Mexico, June 19, 2008
  • "Preparing for Battle--The Early Stages of a Mass Tort Litigation," DRI Drug and Medical Device Meeting, New Orleans, Louisiana, May 2, 2008
  • "Storytelling for the Defense," ALI-ABA National Teleconference, Philadelphia, Pennsylvania, June 28, 2007
  • Texas Trial Academy, Texas Access to Justice Commission, University of Texas School of Law, Austin, Texas, May 7, 2006
  • "Ethical Issues in Electronic Discovery," ACI E-Discovery Preparedness for Pharma; New York, New York, March 27, 2006
  • "Theme Development," Page Keeton Civil Litigation Conference, Austin, Texas, October 28, 2005
  • Trial Academy for Public Interest Lawyers, American College of Trial Lawyers, University of Texas School of Law, Austin, Texas, May 15, 2005
  • "Latest Word on E-Discovery and Document Management," ACI Drug & Medical Device Litigation, New York, New York, December 13, 2004
  • "Closing Argument," American Board of Trial Advocates, Masters in Trial, San Antonio, Texas, October 22, 2004
  • "Preparing for Effective and Permissible Voir Dire and Trial," SBOT Annual Meeting, San Antonio, Texas, June 24, 2004
  • "Practical Discovery & Courtroom Evidence," ABA Litigation Section CLE Roundtable, Houston, Texas, June 13, 2003
  • "Resisting Electronic Evidence Discovery," SBOT Advanced Evidence & Discovery, San Antonio, Texas, May 22, 2003
  • "Litigating in the 21st Century: Admission and Persuasion of Electronic Evidence," ABA Program, Houston, Texas, April 11, 2003
  • "A Strategic Approach to Voir Dire and Jury Selection in the Wake of Enron," SBOT Advanced Medical Malpractice 2003, Santa Fe, New Mexico, March 13, 2003
  • "Lawyer's Role in Juror Focus Groups," SBOT Advanced Expert Witness Course III, Houston, Texas, December 12, 2002
  • "Discovery and Admissibility of Electronic Evidence," St. Mary's University/Texas Tech University Schools of Law Medical Malpractice Conference, San Antonio, Texas, November 7, 2002
  • "Expert Witness Update: Update on Daubert Challenger," ExxonMobil Law Meeting, Austin, Texas, April 1, 2002
EDUCATIONAL BACKGROUND

1974 - LL.M., Law, Psychiatry and Criminology, George Washington University
1970 - J.D., with honors, The University of Texas School of Law 
1967 - Registered Pharmacist
1967 - B.S., magna cum laude, Pharmacy, The University of Texas

Terry was admitted to practice law in Texas in 1970, in the District of Columbia in 1973 and before the federal courts in 1973.

INTERESTS

While Terry travels often on behalf of his clients, he works out regularly (having completed 13 marathons and 3 triathlons), is a movie buff and reads all types of books.

BAR AND COURT ADMISSIONS
  • Texas
  • Civil Trial Law
  • Personal Injury Trial Law
CIVIC INVOLVEMENT
  • Long Center for the Performing Arts, Board of Trustees
  • University of Texas Chancellor's Council - Executive Committee
  • University of Texas at Austin - Development Board
  • Paramount and State Theater Alliance - Advisory Council
  • Ballet Austin, Board of Directors
  • Capitol Area Council, Boy Scouts of America, Executive Committee
  • The University of Texas School of Law
    • Alumni Association, Past President
    • Adjunct Professor of Law
  • Baylor College of Medicine, Visiting Professor of Medical Jurisprudence
  • South Texas College of Law, Trial Advocacy Instructor
  • The University of Houston School of Law, Trial Advocacy Instructor
  • Texas College of Trial Advocacy, Trial Advocacy Instructor
  • Captain, U.S. Marine Corps (1971 - 1974)






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