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Mike Zogby
OVERVIEW

Michael C. Zogby
He/Him
Partner

New Jersey

55 Madison Avenue
Suite 400
Morristown, NJ 07960

Philadelphia

100 N. 18th Street 
Suite 415
Philadelphia, PA 19103

New York

390 Madison Ave.
12th Floor
New York, NY 10017-2509

P 973-775-6110

F 973-775-6102

OVERVIEW

Michael C. Zogby
He/Him
Partner

New Jersey

55 Madison Avenue
Suite 400
Morristown, NJ 07960

Philadelphia

100 N. 18th Street 
Suite 415
Philadelphia, PA 19103

New York

390 Madison Ave.
12th Floor
New York, NY 10017-2509

P 973-775-6110

F 973-775-6102

Multinational clients turn to trial attorney Michael C. Zogby to litigate and manage risk related to aggregated proceedings, product liability risks, and mass tort claims. Mike is an advocate for clients in the life sciences industry, and he also counsels clients in commercial and consumer disputes, class actions, intellectual property and antitrust challenges, and trade secret violations.

Multinational clients turn to trial attorney Michael C. Zogby to litigate and manage risk related to aggregated proceedings, product liability risks, and mass tort claims. Mike is an advocate for clients in the life sciences industry, and he also counsels clients in commercial and consumer disputes, class actions, intellectual property and antitrust challenges, and trade secret violations.

OVERVIEW

Multinational clients turn to trial attorney Michael C. Zogby to litigate and manage risk related to aggregated proceedings, product liability risks, and mass tort claims. Mike is an advocate for clients in the life sciences industry, and he also counsels clients in commercial and consumer disputes, class actions, intellectual property and antitrust challenges, and trade secret violations.

Mike serves as partner in charge of Barnes & Thornburg’s New Jersey and Philadelphia offices. Mike represents major pharmaceutical, medical device, life sciences, biotechnology, and chemical companies in product liability and mass tort matters alleging negligence, failure to warn, strict liability, design and manufacturing defects, fraud, consumer protection, breach of warranty, wrongful death, and punitive damages. 

He has received national rankings in Chambers and Partners for Products Liability and Mass Tort USA Nationwide and included as a Leading Lawyer by The Legal 500, where clients recognized Mike’s “business savvy” approach and knowing “what clients want and how they want to see it.” 

Chambers USA 2022 states that Mike “knows the law and the field very well” and “is very thorough and good at anticipating issues. He is also particularly diligent and able.” In previous editions, Chambers USA noted, “His attention to detail is great, and he's well respected by peers and the court" and “He is outstanding, and has a great skill set.” In addition, his ranking stated: “He is perhaps one of the most diligent people I have ever met. He is responsive, very client-focused, very intelligent and practical – a really nice lawyer to partner with.” “He is extremely organized, extremely technical and just a great guy – someone who as a company you are proud to put before a judge.”

As trial counsel, Mike works diligently with scientists and other experts to develop persuasive defense arguments for complex litigation. In addition, Mike counsels clients in the U.S., Asia, and Europe on a variety of privacy, security, and e-discovery issues. He coordinates cross-border trial issues and discovery involving multidistrict litigation in highly regulated industries. 

Notably, Mike has a broad range of trial and appellate experience in intellectual property and antitrust litigation representing life sciences, pharmaceutical, and other manufacturers in patent infringement, false marking, trade secret, and Robinson-Patman act proceedings. 

Mike is a past chair of the product liability and mass tort and pharmaceutical and life sciences groups at an AmLaw 100 firm, and past deputy chair of the product liability and mass tort group and chair of the health and life sciences industry litigation team at an AmLaw 50 firm. He chaired the marketing, labeling, and advertising team, the New Jersey mentorship committee, served as a diversity committee sponsor, and worked as a steering committee member on the global Japanese engagement team.

He frequently contributes to journals and industry panel discussions on existing and emerging topics in life sciences, trial advocacy, cross-border litigation and product liability law. Mike serves on the faculty of the National Trial Advocacy College at the University of Virginia School of Law, and has lectured on trial ethics and cybersecurity for practitioners at Fordham University School of Law.

Product Liability, Mass Tort Multidistrict, and Aggregated Litigation

Mike has significant experience defending major pharmaceutical, medical device, life sciences, biotechnology and chemical companies in product liability actions filed by consumer and government parties alleging:

  • Negligence
  • Failure to warn
  • Strict liability
  • Design and manufacturing defects
  • Fraud
  • Consumer protection
  • False Claims Act
  • Breach of warranty
  • Wrongful death
  • Punitive damages

Mike’s product experience includes defending prescription medications, over-the-counter products, orthopaedic implants and other medical devices before state and federal courts and in mass tort, class action, attorney general and multidistrict proceedings. He has served as lead, liaison, U.S. discovery, and Japanese discovery counsel in litigations throughout the United States.

International Privacy, Security, and E-Discovery

Multinational clients value Mike’s deep experience handling cross-border e-discovery issues. He advises on the EU’s General Data Protection Regulations (GDPR), Japan’s Act on the Protection of Personal Information, and other foreign privacy laws. He counsels clients on discovery issues, document and data preservation requirements, proportionality considerations, and privilege protections. He also partners with business units to respond to trial and discovery issues expediently and efficiently.

Intellectual Property and Antitrust Litigation

Mike has a broad range of trial and appellate experience representing pharmaceutical and life sciences companies in patent infringement, Robinson-Patman Act, false marking, trade secret, intellectual property, and antitrust actions in federal courts and multidistrict proceedings.

Complex Commercial Litigation

Mike has defended large law and accounting firms in professional liability actions, and hospitals and health care organizations in tortious interference, unfair competition, civil conspiracy, and ERISA litigation before courts and administrative agencies. He has also represented corporate clients in business disputes, commercial, employment, insurance coverage, environmental, and real estate litigation matters.

Professional and Community Involvement

Member, Products Liability Advisory Council (PLAC) Membership Committee

Member, International Association of Defense Counsel (IADC)

Member, IADC Intellectual Property Committee 2022 Conference Planning Committee

Board member, Trial Attorneys of America

Board of trustees member, Trial Attorneys of New Jersey

Member, New Jersey Civil Justice Institute Advisory Board

Co-Chair, American Bar Association (ABA) Mass Torts Litigation Pharmaceutical, and Medical Device Committee 

Organizer, ABA Biotech, Pharma, and Medical Device Conference 

Member, National Arab American Bar Association Working Committee  

Appointed member, New Jersey State Bar Association Class Actions Special Committee

Appointed member of Antitrust Special Committee, New Jersey State Bar Association Antitrust Special Committee

Appointed member, New Jersey State Bar Association Equity Jurisprudence Committee

Faculty member, National Trial Advocacy College at the University of Virginia School of Law 

Lecturer, Fordham University School of Law in trial ethics and cybersecurity

Board of trustees member, Tri-County Scholarship Fund

Organizer, Tri-County Scholarship Fund Lawyers for Tri-County Awards Event

Member, Sedona Conference Working Group 6 Drafting and Brainstorming Committee (Commentary on Proportionality in Cross-Border Discovery and Investigations)

Member, Sedona Conference E-Discovery Working Group 1 and Mass Torts and Punitive Damages Working Group 8 Commentary

Member, George Washington School of Law James F. Humphries Complex Litigation Center Discovery Proportionality Model Working Group

Member, Law360 Product Liability Advisory Board 

Former member, Law360 Life Sciences Editorial Advisory Board

Member, New Jersey Supreme Court’s District V Ethics Committee

Master, William J. Brennan Jr.-Arthur Vanderbilt Inn of Court

Member, BioNJ Legal, Compliance & Regulatory Advisory Committee

Member, Third Circuit Bar Association

Member and speaker, Defense Research Institute 

Member, Association of the Federal Bar of New Jersey

Member, William & Mary School of Law Alumni Ambassador and Reunion Committee 

Member, Saint Joseph’s University Law Alumni Society

Past board member, Morristown American Little League Baseball

Eagle Scout, Boy Scouts of America

Honors

Chambers USA Nationwide Product Liability and Mass Torts, 2020-22 

Chambers USA New Jersey Product Liability and Mass Torts, 2022

LMG Life Sciences Leading Life Sciences Lawyer, 2020-22

The Legal 500, Leading Lawyer in Product Liability; Mass Tort and Class Action-Defense: Pharmaceuticals; and Medical Devices, 2022

New Jersey Law Journal Mentor Award, 2021

NJBiz Leaders in Law, 2021

Benchmark Litigation Top Litigator Under 40, 2017; Under 40 Hot List, 2016; Future Star, 2014-22

Law360 Trial Pro, 2016

Legal Intelligencer 40 Under 40, 2014

New Jersey Law Journal New Leaders of the Bar, 2014

EXPERIENCE
Presentations
  • Chair and presenter, “Global Discovery: Managing Proportionality, Privacy, Data Protection, and Other Challenges in Cross-Border Litigation Panel,” International Association of Defense Counsel’s 2022 Annual Meeting, Berlin, Germany, July 2022
  • Presenter, “Product Liability in Europe: A Fraying System?” MedTech Forum 2022, Barcelona, Spain, May 2022
  • Presenter, “EU’s Collective Redress Directive – What US and OUS Colleagues May Expect,” Product Liability Advisory Council (PLAC) Spring 2022 Conference, April 2022 
  • Presenter, “Cyber Issues,” New Jersey State Bar Association’s In-House Counsel Special Committee, Webinar, April 25, 2022 
  • Presenter, “Proportionality in Cross-Border Discovery,” The Sedona Conference Working Group 6 (WG6) Annual Meeting 2022: Proportionality in Cross-Border Discovery, February 2022
  • Presenter, “Potential Collective Consumer Lawsuits Coming to the EU: The EU’s Collective Redress Directive,” International Association of Defense Counsel (IADC), December 2021 
  • Presenter, “Latest Developments in Electronic Discovery,” 22nd Annual Pharmaceutical and Medical Device Ethics and Compliance Congress, November 2021 
  • Presenter, “Best Practices for the Recovery and Defense of Attorney Fee Claims in State and Federal Court,” New Jersey State Bar Association, September 2021 
  • Presenter, “Emerging Biopharmaceutical Compliance Roundtable, Risk Assessment and Product Liability Litigation Insights for Companies Introducing a Pharmaceutical Product into the Marketplace,” August 2021 
  • Presenter, “The Appropriate Use of Protective Orders of Confidentiality in Complex Litigation and Mass Torts,” August 2021
  • Presenter, “Deep Dive Into New Framework: Prioritizing Custodians Possessing Relevant Information.” GW Discovery Proportionality Benefit-Burden Model Bench-Bar Conference:, George Washington University School of Law, Webinar, March 2021
  • Moderator, “Inside View: Legal and Ethical Considerations for In-House Counsel,” American Bar Association Section of Litigation’s Current Issues in Pharmaceutical, Medical Device, and Biotech Litigation Virtual Regional CLE Program:, February 2021
  • Presenter, “Proportionality in Cross-border Discovery and Investigations,” The Sedona Conference Working Group 6 on International Electronic Information Management, Discovery and Disclosure Annual Meeting, February 2021
  • Faculty, “Cybersecurity and Ethics,” Fordham University School of Law, February 2021
  • Presenter, “A Roundtable on Corporate Risk Assessment and Strategic Crisis Management” Products Liability Advisory Council (PLAC) Annual Conference, November 2021
  • Presenter, “Counsel’s Role in Business Crises: Anticipate, Avoid and Learn From Catastrophes,” International Association of Defense Counsel webinar, October 2020
  • Presenter, “Immunity in the Age of COVID-19,” Products Liability Advisory Council (PLAC), July 2020
  • Moderator, “A Roundtable on Corporate Risk Assessment and Strategic Crisis Management,” Product Liability Advisory Council (PLAC) spring conference, Scottsdale, Arizona, March 2020 
  • Faculty, “Ethical Issues Associated with Trial Practice,” Fordham University School of Law, January 2020
  • Faculty, National Trial Advocacy College, University of Virginia School of Law
Publications
  • Co-Author, “Protecting Proprietary Information in the Remote Work Environment: Issues to Consider," New Jersey Law Journal, September 2022
  • “As Bellwether Trials Resume, Mass Tort Lawsuits Soar Due to Litigation Funding,” New Jersey Law Journal, July 2022
  • “Keep out: Enhancing medical device cybersecurity,” NJBIZ, July 2022 
  • “Product Liability Laws and Regulations,”  International Comparative Legal Guide, 2022 
  • “Protecting Trade Secrets in the District of New Jersey,” New Jersey Law Journal, June 2022 
  • Guest, “Defense Counsel Journal Highlights – Lessons from a Year in Crisis: Do’s and Don’ts of Crisis Management,” IADC Speaks podcast, January 2022
  • “Protecting Trade Secrets: A New Jersey Overview,” New Jersey Law Journal, March 2022
  • “Lessons From a Year in Crisis: Do’s and Don’ts of Crisis Management,” IADC Defense Counsel Journal, January 2022 
  • “Testimony of Witnesses In-State and Out-of-State: Issues to Consider Under NJ Law,” New Jersey Law Journal, December 2021
  • “The Interplay Between the EU’s Collective Redress Directive and GDPR,”  Association for Data and Cyber Governance, November 2021 
  • “From Bredice to the Laboratory or the Boardroom: Careful Consideration for Applying the Self-Critical Analysis Privilege in the Review of Internal Process Improvement,” In-House Defense Quarterly, September 2021 
  • “Product Liability Laws and Regulations,” International Comparative Legal Guides (ICLG), 2021 
  • “NJ Federal Court May Require 3rd-Party Funding Disclosures,” Law360, April 2021
  • “Crisis Management: From Anticipation to Action,” Corporate Counsel Magazine, October 2020 
  • “New Jersey Choice of Law,” New Jersey Mass Torts & Class Action Treatise, December 2020
  • “Role of Science and Expert Evidence,” American Bar Association’s Mass Torts in the United States, December 2020 
  • “How In-House Counsel Can Assess Risks and Red Team Global Organizational Threats,” ACC Docket, December 2020 
  • “Crisis Management: From Anticipation to Action—Tactics for Multinational Companies Navigating Cross-Border Catastrophes,” Corporate Counsel, September 2020 
  • “Crisis Management: From Anticipation to Action—Partnering for Success by Assembling a Top Notch Crisis Management Team,” Corporate Counsel, July 2020 
  • “Partnering with Co-Counsel, Clients, and Business Personnel to Succeed in Cross-Border Litigation,” IADC, July 2019 
  • “Manufacturer Representative Liability and Discovery in Pharmaceutical and Medical Device Mass Tort Actions,” DRI, May 2019. 
  • “The FDA’s ‘Medical Product Communications That Are Consistent with the FDA-Required Labeling’ Guidance Document,”DRI, April 2019
  • “Protecting and Preserving Privilege in the Corporate Setting,” DRI’s In-House Defense Quarterly, December 2018 
  • “50 State Damages Caps/Spoliation/Statutes of Limitation & Repose Guide,” International Association of Defense Counsel, June 2018 
  • “Navigating Proportionality in Discovery,” DRI’s For the Defense, May 2018 
  • “Avoiding the Imposition of a Legal Duty on Detail Representatives,” New Jersey Law Journal, May 2018 
  • “Not Edible, But Still Empty: Manufacturers of Non-Food Products are also Targets for Slack Fill Litigation,” April 2018 IADC Defense Counsel Journal 
  • “Doing Discovery in Japan? Ganbatte! Privacy, Propriety, and Preparation,” Legaltech News, March 2018 
  • “When Would a Reasonable Consumer Be Misled by the Product’s Packaging in Slack-Fill Lawsuits?” American Bar Association, February 2018 
  • “Doing Discovery in Japan? Ganbatte!”  The American Lawyer, February 2018 ‘
  • “Company-Generated Documents and Emails Are Not De Facto Business Records,” The Legal Intelligencer, January 2018
  • “Cost-Shifting and Cost-Sharing Approaches Under the Proportionality Principles,” New Jersey Law Journal, December 2017 
  • “Product Liability Regulation & Legislation: Midyear Report,” Law360, June 2017 
  • “Judicial Notice: An Underappreciated and Misapplied Tool of Efficiency,” International Association of Defense Counsel’s Defense Counsel Journal, Vol. 84, No. 2, April 2017 
  • “New Jersey Choice of Law,” New Jersey Mass Torts & Class Action Treatise (New Jersey State Bar Association/New Jersey Law Journal), 2015 
  • “N.J. Confidential: Preventing Trade Secret Misappropriation Through Injunctive Measures,” New Jersey Law Journal, April 2014 
INSIGHTS AND EVENTS
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