Michael C. Zogby

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

About

Michael C. Zogby is a trial lawyer whose clients trust him to handle a variety of complex, aggregate litigation, including products liability, medical device, life sciences, class action, consumer disputes, intellectual property, trade secrets, toxic tort, and multidistrict proceedings. Mike also has significant experience counseling clients and coordinating cross-border discovery, privacy, information governance, cybersecurity, and data collections involving Asian and European companies.

Mike co-chairs the firm’s 60-attorney nationally ranked Products Liability and Mass Tort Group, as well as the firmwide Pharma and Life Sciences Group.

He 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 is an elected trustee of the Trial Attorneys of New Jersey, a nonprofit 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 is a member of 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.

Mike was appointed to the Law360 Life Sciences Editorial Advisory Board and the Law360 Product Liability Advisory Board. He co-chairs the Pharmaceutical and Medical Device Subcommittee of the ABA's Mass Torts Litigation Committee, and he has served as a Master in the William J. Brennan, Jr.-Arthur Vanderbilt Inn of Court, as ethics investigator for the District V Attorney Ethics Committee, and on the New Jersey State Bar Equity Jurisprudence, Class Actions, and Antitrust Special Steering Committees.

Mike has been recognized as a "Top Litigator Under 40" and as a "Future Star" by Benchmark Litigation. His articles have been published in The American Lawyer, The New Jersey Law Journal, The Legal Intelligencer, For the Defense, The Defense Counsel Journal, The National Law Journal, LegalTech News, Law360, ABA and DRI newsletters, and other industry publications.

Mike was elected as a Trustee for the Tri-County Scholarship Fund (TCSF), which provides scholarships to deserving inner-city students, enabling them to go to private schools. TCSF raises approximately $1.5 million annually, and supports about 500 students who come from some of the most economically challenged families and communities in the tri-county area. Mike helps organize the annual Lawyers for Tri-County Awards Dinner and has co-chaired and emceed the event, which honors members of the judiciary, members of the bar and in-house counsel for their generosity and contributions to society.

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.

Experience

Mike's trial and litigation experience includes the defense of major pharmaceutical, medical device, life sciences, and chemical 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, orthopaedic implants, and other products before state and federal courts and in mass tort, class action, and multidistrict proceedings. He has a deep understanding of the issues facing multinational clients in aggregated litigations, including the challenges of coordinating United States and foreign mass tort and class action litigations, handling eDiscovery issues when data are stored in multiple countries with different privacy, GDPR, and preservation demands, addressing proportionality considerations, handling privilege protections, and partnering with business units to handle trial and discovery issues expediently and efficiently.

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 U.S. and Japanese pharmaceutical defendants in SGLT2 inhibitor federal products liability Multidistrict Litigation.
  • Appointed Liaison Counsel for U.S. and Japanese 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, hernia mesh, tissue expander, vision, and medical supply 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, diabetes, irritable bowel syndrome, proton-pump inhibitor, 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.
  • Appointed Liaison Counsel for pharmaceutical defendants in diabetes products liability Multidistrict Litigation.

Recognitions

“Top Litigator Under 40,” Benchmark Litigation (2017)
“Future Star,” Benchmark Litigation (2014–2018)
“Under 40 Hot List,” Benchmark Litigation (2016)
New Leaders of the Bar 40 under 40, Legal Intelligencer (2014)
“New Leaders of the Bar,” The New Jersey Law Journal (2014)
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 a "New Leader of the Bar"

New Jersey Law Journal (2014)

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

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
  • Tri-County Scholarship Fund, Board of Trustees
  • Morristown American Little League Baseball, Board of Directors