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.

Alex A. Parkinson’s PLI Treatise on Multidistrict Litigation

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 [email protected].

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!