Greg Neinstein on his firm's expansion from personal injury to mass torts and civil litigation

Neinstein rebranded after building on its trial expertise to advise school boards on innovative cases

Greg Neinstein on his firm's expansion from personal injury to mass torts and civil litigation

Greg Neinstein’s law firm, Neinstein Personal Injury Lawyers, has recently undergone strategic growth beyond personal injury law to mass torts and civil litigation. He spoke to Canadian Lawyer about his firm’s path and what prompted the shifts.

The initial pivot began with an expansion into medical malpractice fifteen years ago. However, the firm's involvement in the JUUL e-cigarette case marked their first foray into mass tort litigation. Reflecting on this shift, Neinstein notes the inherent volatility of the personal injury sector. "You're stuck to the government… [and] legislation that could, any day, wipe out your ability to make a living," he explains, pointing to regions like British Columbia, where systemic changes have eliminated entire categories of claims. This vulnerability drove his firm to diversify into litigation areas that were less exposed to legislative disruption.

The JUUL case opened doors to partnerships with US firms and a new understanding of non-class-action mass torts – a largely unfamiliar technique in Canada. Through these collaborations, Neinstein's team was intrigued about the US litigation involving school districts who were grappling with nicotine-related disruptions from e-cigarettes and the idea of representing school boards in Canada. This experience organically led to their high-profile  case against social media platforms, in which Ontario’s largest school boards are plaintiffs. "We realized… we're not just personal injury lawyers. We're civil litigators… working to transform the lives of not only individuals but institutions," Neinstein says.

However, persuading institutional clients to engage in contingency-based litigation wasn't straightforward. Neinstein says it was challenging to instil confidence among trustees and education officials to embark on such untested legal terrain. The stakes were raised further by the calibre of their adversaries, which include leading law firms representing tech giants like TikTok, Meta, and Snapchat. "We have adversaries now with Torys, Blakes and McCarthys," he remarks, emphasizing the uphill battle his team faces in preparation for a key motion to strike scheduled later this February.

This kind of litigation carries immense risk, as outcomes are unpredictable, and financial returns are not guaranteed. To navigate this uncertainty, Neinstein's firm has strategically leveraged its established business in personal injury and medical malpractice to fund new ventures. "We were able to leverage that success and… take additional risk in this area," he says. He highlights how success in these newer areas has fed back into its core business, elevating its reputation across multiple legal sectors.

As the firm explores additional mass tort opportunities, Neinstein remains cautious. Cases are vetted rigorously, with many being discarded before litigation ever begins. "There were some that we already engaged [in] that we didn’t like," he says.

Investment in technology and talent is a critical element in supporting this expansion. While the firm initially utilized in-house expertise to tackle emerging cases, they have since hired specialized lawyers to handle the demands of social media litigation. Meanwhile, technological innovation – accelerated by the COVID-19 pandemic – has reshaped their operations. The adoption of artificial intelligence is a particular focus. "AI technology can read 6,000 pages of medical documentation… [and] provide chronology in a fashion that would take us a month to do," Neinstein explains. The firm has also engaged business coaches to streamline processes, ensuring that efficiency gains are maximized across all departments.

This pragmatic embrace of technology underscores the firm's commitment to evolving with the times, an ethos that extends to its rebranding efforts. Neinstein is adamant that such changes must align with a firm’s strategic vision rather than being cosmetic. "The rebranding could only occur once you're able to establish… what your long-term goals are," he asserts, emphasizing that rebranding followed the firm’s success in diversifying into complex litigation.

For Neinstein, the rebranding symbolizes a broader cultural shift within the firm. The firm has built momentum in a highly competitive legal landscape by setting clear goals and continuously reassessing its strategic direction. "We were willing to start this new process," he says, attributing their willingness to innovate and take risks to the firm’s enduring success.

Neinstein advises other firms considering rebranding to understand their long-term objectives and invest in areas that will propel growth.

"You need to identify what you want to achieve [and] what the hurdles for achieving that are."

Neinstein was voted one of the Top Personal Injury Boutiques in 2024. Voting is currently open to determine this year’s winners.