Michael C. Zogby

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. As a member of the Litigation and Environmental Departments, 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, eDiscovery, 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 2023 has indicated that Mike’s "approach to complex cases is strategic and well thought out. He is incredibly responsive and truly cares about the case and the client," and one client said "I have nothing but the utmost respect for Mike. He is incredibly diligent and thoughtful and someone whose judgment I trust."  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.

Mike is 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. 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.