Anita K. Modak-Truran

About Anita K. Modak-Truran

Anita K. Modak-Truran is a lawyer practicing class actions, commercial litigation, drug and device litigation and 8 other areas of law. Anita received a B.A. degree from Gustavus Adolphus College in 1984, and has been licensed for 39 years. Anita practices at Butler Snow LLP in Nashville, TN.

Awards

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Services

Areas of Law

  • Class Actions
  • Commercial Litigation
  • Intellectual Property
  • Other 8
    • Drug and Device Litigation
    • Drug and Device Litigation - Trials
    • Entertainment and Media
    • Intellectual Property & Technology
    • Intellectual Property Litigation
    • Pharmaceutical, Medical Device and Healthcare
    • Product Liability Law
    • Tort & Personal Injury

Practice Details

  • Firm Information
    Position
    Attorney
    Firm Name
    Butler Snow LLP
  • Representative Cases & Transactions
    Cases
    Experience: Anita's legal experience encompasses the representation of some of the world's preeminent Fortune Global 500 corporations to established
    upcoming entertainment businesses in film, television
    music to cutting-edge start-up companies. Her work spans deal-making, national litigation management, trial work
    appellate litigation. Highlights include: Selected Trial Experience: Tried product liability action involving multiple pelvic mesh medical devices in Pennsylvania state court.
    Tried product liability action involving pelvic mesh medical device in Arizona federal court.
    Obtained defense verdict for chemical supplier in multi-million dollar litigation involving commercial
    product liability claims by Canadian manufacturing company.
    Obtained a multi-million dollar verdict for plaintiffs in wrongful death action involving railroad negligence.
    Obtained defense verdict on design
    construction claims concerning Chicago's former State Street Mall.
    Tried high-profile matter involving First Amendment
    national security issues concerning the 1996 Democratic National Convention in Chicago.
    Tried Commerce Clause challenge to Chicago spray paint ban, which was upheld by the U.S. Court of Appeals for the Seventh Circuit in National Spray Paint & Coatings Assn. v. City of Chicago, 45 F.3d 1124 (7th Cir. 1995).
    Obtained defense verdict in negligent police pursuit action.
    Obtained judgment notwithst
    ing the verdict in policy matter involving firearms.
    Selected Appellate Experience: Anderson v. LaVere, 2014 Miss. LEXIS 119 (Miss. 2014) (briefed
    argued for Sony Music Entertainment). Mississippi Supreme Court upheld summary judgment in favor of defendants on statute of limitations in an ownership claim involving photographs of blues musician, Robert Johnson
    Bryant v. Wyeth, 816 F. Supp. 2d 329 (S.D. Miss. 2011), aff'd, 2012 U.S. App. LEXIS 18657 (5th Cir. Sept. 5, 2012) (briefed for defense). Fifth Circuit upheld summary judgment in manufacturer's favor in Prempro litigation because the plaintiff filed the action more than three years after wife's cancer diagnosis, the discovery rule did not apply
    fraudulent concealment statute did not toll the limitations period.
    Smith v. Johnson & Johnson, Civil Action No. 3:08cv245, 2011 U.S. Dist. LEXIS 98719 (S.D. Miss. Aug. 31, 2011), aff'd, 2012 U.S. App. LEXIS 16000 (5th Cir. Aug. 2, 2012) (briefed & argued for defense). The Fifth Circuit upheld summary judgment in manufacturer's favor in a vaginal mesh user's suit seeking 20 million for injuries allegedly caused by the product, ruling her surgeon admitted he knew of the risks involved. The appeals court also found the lower court was not wrong to strike two of plaintiff's expert reports
    to deny the inclusion of another physician as an expert in the case.
    Travis v. Irby, 326 F.3d 644 (5th Cir. 2003) (briefed & argued). Fifth Circuit vacated the district court's entry of summary judgment in favor of railroad, because court lacked subject matter jurisdiction.
    Ayres v. City of Chicago, 125 F.3d 1010 (7th Cir. 1997) (briefed & argued for defense). Judge Posner, writing for the Seventh Circuit, upheld First Amendment challenge to Chicago's Peddlers' Ordinance, which prevented plaintiff from advocating the legalization of marijuana by selling T-shirts conveying her message at festivals such as the Taste of Chicago that the City sponsors in Grant Park
    Schilling v. City of Chicago, 1 F.3d 494 (7th Cir. 1993) (briefed & argued for defense). Seventh Circuit rejected due process
    equal protection challenge to l
    scaping ordinance brought by residents claiming constitutional rights in natural l
    scapes.
    Other: Representing major
    independent motion picture, music
    media companies in copyright
    trademark litigation.
    Serving as production
    post-production legal counsel for independent film companies from around the United States.
    Representing film
    television producers
    companies on management
    monetization of intellectual property assets.
    Counseling
    providing business services to entertainment
    media companies, authors, artists
    musicians, including negotiating
    drafting production, distribution, literary option, franchise
    other agreements.
    Counseling companies on copyright
    trademark issues in day-to-day operations.
    Working with start-up companies on intellectual property matters
    coordinating with state agencies to promote growth of local businesses.
    Representing pharmaceutical
    medical device manufacturers in mass tort
    individual cases pending in various state
    federal venues, including Alabama, Arizona, California, Florida, Illinois, Louisiana, Mississippi, New Jersey, New Mexico, Tennessee, Texas, Utah
    West Virginia.
    Producing, directing
    writing legal documentaries for high-stakes mass tort
    commercial litigation.

Experience

  • Bar Admission & Memberships
    Admissions
    1987, Illinois
    1999, Mississippi
    2014, Tennessee
    U.S. District Courts
    Illinois: Northern
    Mississippi: Northern, Southern
    U.S. Court of Appeals
    5th Circuit
    7th Circuit
    U.S. Supreme Court
    Mississippi Band of Choctaw Indians Tribal Court
    Memberships

    Associations

    American Bar Association

    Intellectual Property Section

    Minority Counsel Program

    American Bar Foundation

    Fellow

    Defense Research Institute (DRI)

    Intellectual Property Litigation Committee

    Copyright Specialized Litigation Group

    Former Chair

    Trademark Litigation Group

    Commercial Litigation Committee

    Federation of Defense and Corporate Counsel (FDCC)

    Member

    Fifth Circuit Bar Association

    Litigation Counsel of America

    Fellow

    The Trial Law Institute

    Advisory Board

    Media Law Resource Center

    Entertainment Law Committee

    Mississippi Bar Association

    Intellectual Property Section

    Former Chair

    Tennessee Bar Association

    Intellectual Property Law Section

    Entertainment and Sports Law Section

    Tennessee Intellectual Property Law Association (TIPLA)

    Former President, 2017-2018

    Board of Directors

    Tennessee Volunteer Lawyers & Professionals for the Arts

    The Recording Academy

    Grammy Member

    Trial Attorneys of America

    Secretary

    Board of Directors

  • Education & Certifications
    Law School
    Loyola University Chicago School of Law
    Class of 1987
    J.D.
    Dean's List, Loyola Law Journal, Student Articles Editor, National Moot Court Team, National Mock Trial Team, Regional Champion, Lewis F. Powell Medal for Excellence in Advocacy, American College of Trial Lawyers, Leadership and Service Award
    Other Education
    Gustavus Adolphus College
    Class of 1984
    B.A.
    History, cum laude
  • Personal Details & History
    Age
    Born in 1962
    1962

Anita K. Modak-Truran

Attorney at Butler Snow LLP
Not yet reviewed

The Pinnacle at Symphony Place150 3rd Avenue South, Suite 1600Nashville, TN 37201U.S.A.

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