Michael C. Zogby

michael.zogby dbr.com
Phone: (973) 549-7209
Fax: (973) 360-9831

About

Michael C. Zogby has an extensive trial and litigation practice encompassing products liability, medical device, class action, commercial, intellectual property, mass tort, and multidistrict proceedings. He has served as trial counsel, national liaison counsel, and discovery counsel in a variety of litigations throughout the United States.

Mike serves as a faculty member at the National Trial Advocacy College at the University of Virginia School of Law, an intensive hands-on- trial advocacy training program for practicing attorneys and law students.

Mike was elected a trustee of the Trial Attorneys of New Jersey, a non-profit organization whose mission is to preserve and improve the Civil and Criminal Justice System in New Jersey, providing its plaintiff and defense attorneys with a wide range of services, including legal education, leadership and advocacy on issues that affect the quality of life of lawyers, judges and litigants at the trial bar.

Mike was also admitted to membership in the International Association of Defense Counsel (IADC). The IADC is an invitation-only, peer-reviewed organization founded in 1920 and comprised of leading corporate defense trial lawyers and in-house counsel from across the United States and more than 35 countries.

Mike was also elected to membership in the Trial Attorneys of America. This national organization of trial counsel, founded in 1969, is limited to 200 attorneys who devote a substantial portion of their practice to the defense of product liability litigation and to corporate counsel who work primarily in that area.

He is co-chair of the Pharmaceutical and Medical Device Subcommittee of the ABA's Mass Torts Litigation Committee, and he is a Master in the William J. Brennan, Jr.-Arthur Vanderbilt Inn of Court.

Mike joined the firm after serving as law clerk to the now retired Hon. James D. Clyne, Presiding Judge, Superior Court of New Jersey, Chancery Division, General Equity Part, in Ocean County, during which time he focused on commercial real estate, construction, land use disputes, injunctions, covenants not to compete and will contests.

Experience

Mike's trial and litigation experience includes the defense of major pharmaceutical and medical device companies in products liability, negligence, failure to warn, strict liability design and manufacturing defect and wrongful death actions that involve prescription medications, over-the-counter products, and orthopaedic implants before state and federal courts and in mass tort, class action, and multidistrict proceedings.

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

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 a variety of other corporate clients in business disputes, commercial, employment, insurance coverage, and real estate litigation matters.

His recent engagements include:

  • Appointed Liaison Counsel for pharmaceutical defendants in hypertension products liability Multidistrict Litigation.
  • Co-tried products liability jury trial in the Superior Court of New Jersey, Middlesex County, resulting in defense verdict for orthopaedic medical device manufacturer on manufacturing defect, design defect, failure to test, and failure to warn claims.
  • Member of national and state trial teams, including as trial counsel, relating to orthopaedic medical device and pharmaceutical products.
  • Representation of medical device manufacturers and orthopaedic distributors and representatives in defense of medical device products liability, failure to warn and design and manufacturing defect mass torts and individual lawsuits.
  • Representation of medical device manufacturers of pelvic mesh and tissue expander products in defense of product liability, failure to warn and design and manufacturing defect mass torts and individual lawsuits.
  • Representation of pharmaceutical manufacturers in defense of anti-infectives, contraceptives, transdermal patches, hypertension, and other pharmaceutical products liability mass torts and individual lawsuits.
  • Representation of pharmaceutical manufacturers in intellectual property, patent, trademark, tortious interference, breach of contract, Robinson-Patman Act and false marking actions in the District of New Jersey.
  • Local counsel representation of pharmaceutical manufacturers in patent infringement and antitrust MDLs in the District of New Jersey.
  • Successfully obtained summary judgment on behalf of pharmaceutical manufacturers in products liability and personal injury lawsuits.
  • Successfully obtained summary judgment on behalf of hospital system and surgical practice in defense of unfair business practice, tortious interference with prospective economic advantage, and civil conspiracy lawsuit by cardiothoracic surgeon relating to privileges and restriction of operating room access.
  • Successfully obtained summary judgment on behalf of hospital system and hospitals in defense of ERISA challenges in federal court.
  • Successfully obtained summary judgment on behalf of law firm in defense of legal malpractice action relating to fraudulent conveyance litigation and vicarious liability.
  • Representation of Big Four accounting firm in defense of auditor liability and deepening insolvency litigation.

Recognitions

"Under 40 Hot List" (2016), Benchmark Litigation
2014 New Leaders of the Bar 40 under 40, Legal Intelligencer
“New Leaders of the Bar” (2014), The New Jersey Law Journal
“Future Star,” Benchmark Litigation (2014–2016)
Rachel Carson Graduation Award for Excellence in Environmental Law, William & Mary School of Law
Dean’s Award for Commendable Service to the Law School, William & Mary School of Law
Legal Skills Scholar Graduation Award, William & Mary School of Law

Awards Methodology (www.drinkerbiddle.com/content/awards)

Named to the very first "Under 40 Hot List," a recognition that honors the achievements of the nation’s most accomplished legal partners of age 40 or younger.

Benchmark Litigation, 2016

Named a "New Leader of the Bar"

New Jersey Law Journal (2014)

Credentials

Bar Admissions

  • District of Columbia
  • New Jersey
  • New York

Education

  • William & Mary Law School, J.D., Editor-in-Chief, William and Mary Environmental Law and Policy Review
  • St. Joseph's University, B.A., Politics and Public Administration, cum laude

Court Admissions

  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, District of New Jersey

Organizations

  • Trial Attorneys of New Jersey, Trustee
  • Trial Attorneys of America (TAA)
  • International Association of Defense Counsel (IADC)
  • American Bar Association, Mass Torts Litigation Committee, Pharmaceutical and Medical Device Subcommittee, Co-Chair
  • New Jersey Supreme Court’s District V Ethics Committee for Essex County
  • New Jersey State Bar Association, Equity Jurisprudence Committee (Past Vice Chair)
  • New Jersey State Bar Association, Special Committee on Class Actions
  • Association of the Federal Bar of New Jersey
  • BioNJ Legal, Compliance & Regulatory Group Advisory Committee
  • Third Circuit Bar Association
  • Defense Research Institute
  • University of Virginia School of Law, National Trial Advocacy College, faculty member
  • William J. Brennan, Jr.-Arthur Vanderbilt Inn of Court, Master
  • Sedona Conference E-Discovery Working Group 1, member; and Mass Torts and Punitive Damages Working Group 8 Commentary
  • William & Mary School of Law Alumni Ambassador
  • Saint Joseph’s University Law Alumni