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 and is Co-Chair of the firm’s Trials & Global Disputes practice group. He is also Co-Chair of the BTMENA talent resource group, which provides mentoring, learning and development opportunities for the firm’s Middle Eastern and North African attorneys, staff and allies. Mike represents major pharmaceutical, medical device, life sciences, biotechnology, consumer products, manufacturing and chemical companies in product liability, mass tort, toxic tort, environmental litigation, and business disputes alleging negligence, failure to warn, strict liability, design and manufacturing defects, fraud, consumer protection, breach of warranty, wrongful death, antitrust, intellectual property, E-Discovery, punitive damages, and trade secrets challenges.
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:
- Failure to warn
- Strict liability
- Design and manufacturing defects
- 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, American Task Force on Lebanon (ATFL)
Board member, Product Liability Advisory Council (PLAC)
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
Board of directors member, National Arab American Bar Association
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, Rabiej Litigation Law Center Board
Member, Life Sciences PA
Member, Health Institute of New Jersey
Member, Morris County Chamber of Commerce
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
Business Today Top 10 Influential Product Liability Lawyer Defending New Jersey’s Industries, 2023
Chambers USA Nationwide Product Liability and Mass Torts, 2020-23
Chambers USA New Jersey Product Liability and Mass Torts, 2022-23
LMG Life Sciences Leading Life Sciences Lawyer, 2020-22
LMG Life Sciences Life Science Star, 2022-23
The Legal 500, Leading Lawyer in Product Liability; Mass Tort and Class Action-Defense: Pharmaceuticals; and Medical Devices, 2022-23
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