Overview

Multinational clients turn to trial attorney Michael Zogby to litigate and manage risk related to aggregated proceedings and product liability 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 the deputy group leader in the firm’s nationally ranked product liability & mass torts practice, and is past chair of the firm-wide pharmaceutical and life sciences practice.

Mike counsels clients in the United States, Asia and Europe on data privacy, governance and security, and crisis management, and he coordinates cross-border trial issues and discovery involving multidistrict proceedings and highly regulated industries. He is an elected member of the Products Liability Advisory Council and 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.

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
  • 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.

Representative Experience

  • 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

Previous Experience

Mike served as Master in the William J. Brennan Jr.-Arthur Vanderbilt Inn of Court, as ethics investigator for the District V Attorney Ethics Committee, vice chair of the New Jersey State Bar Equity Jurisprudence Special Committee, and as an appointee to the New Jersey Class Actions and Antitrust Special Steering Committees. Mike earlier served as law clerk to the now-retired Honorable James D. Clyne, Presiding Judge, Superior Court of New Jersey, Chancery Division, General Equity Part, in Ocean County, New Jersey.

Credentials

Bar Admissions

District of Columbia
New Jersey
New York

Court Admissions

U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the District of New Jersey

Education

William & Mary Law School
J.D. Editor-in-Chief, William and Mary Environmental Law and Policy Review

St. Joseph's University
B.A. in Politics and Public Administration, cum laude

Insights & Events

Latest
Blog Post April 2020

Rejection of Improper “Attorneys’ Eyes Only” Disclosure Process Relating to Attorney-Client Privilege Challenges

1 min read  
Blog Post April 2020

FDA Funding Opportunity Announcement: “Exploring the use of Real-World Data to Generate Real-World Evidence in Regulatory Decision-Making (U01) Clinical Trials Optional”

1 min read  
Speaking Engagement Recap March 25, 2020

A Roundtable on Corporate Risk Assessment and Strategic Crisis Management - Scottsdale, AZ

2 min read  
Blog Post January 2020

FDA Warns Companies about Processing, Distributing and Marketing Unapproved Stem Cell Products

1 min read  
Speaking Engagement Recap January 11, 2020

Ethical Issues Associated with Trial Practice

1 min read  
Event Recap November 13, 2019

The 21st Century Cures Act and Real World Evidence: What the Trial Lawyer Needs to Know

1 min read  
Event Recap October 24, 2019

Current Issues in Pharmaceutical, Medical Device & Biotech Litigation Regional CLE Program

2 min read  
Updates September 2019

FDA’s Final Guidance: “Consideration of Uncertainty in Making Benefit-Risk Determinations in Medical Device Premarket Approvals, De Novo Classifications, and Humanitarian Device Exemptions”

1 min read  
Updates July 2019

Third Circuit Holds Online Retailers May Be Liable for Third-Party Products Under Pennsylvania Product Liability Laws

1 min read  
Updates July 9, 2019

Partnering with Co-Counsel, Clients, and Business Personnel to Succeed in Cross-Border Litigation

1 min read  
Insights
Blog Post April 2020

Rejection of Improper “Attorneys’ Eyes Only” Disclosure Process Relating to Attorney-Client Privilege Challenges

1 min read  
Blog Post April 2020

FDA Funding Opportunity Announcement: “Exploring the use of Real-World Data to Generate Real-World Evidence in Regulatory Decision-Making (U01) Clinical Trials Optional”

1 min read  
Blog Post January 2020

FDA Warns Companies about Processing, Distributing and Marketing Unapproved Stem Cell Products

1 min read  
Updates September 2019

FDA’s Final Guidance: “Consideration of Uncertainty in Making Benefit-Risk Determinations in Medical Device Premarket Approvals, De Novo Classifications, and Humanitarian Device Exemptions”

1 min read  
Updates July 2019

Third Circuit Holds Online Retailers May Be Liable for Third-Party Products Under Pennsylvania Product Liability Laws

1 min read  
Updates July 9, 2019

Partnering with Co-Counsel, Clients, and Business Personnel to Succeed in Cross-Border Litigation

1 min read  
Updates May 2019

Drinker Biddle Lawyers Co-Author Article on Manufacturer Representative Liability and Discovery in Pharmaceutical and Medical Device Mass Tort Actions.

1 min read  
Updates May 10, 2019

FDA’s Final Guidance on “Least Burdensome” Principles for Medical Devices

1 min read  
Updates April 2019

FDA Guidance Document “Medical Product Communications That Are Consistent with the FDA-Required Labeling”

2 min read  
Updates December 2018

Protecting and Preserving Privilege in the Corporate Setting

1 min read  

Leadership & Community

Professional Associations

  • Products Liability Advisory Council (PLAC) — Sustaining Member
  • International Association of Defense Counsel (IADC) — Elected Member; Diversity and Inclusiveness Chair of the Intellectual Property Committee
  • Trial Attorneys of New Jersey (TANJ) — Trustee, 2010-present
  • Trial Attorneys of America (TAA) — Board of Directors; Elected Member
  • Law360 — Life Sciences Editorial Advisory Board (Member, 2017-19)
  • Law360 — Product Liability Advisory Board (Member, 2017-19)
  • American Bar Association — Mass Torts Litigation Committee, Pharmaceutical and Medical Device Subcommittee (Co-Chair)
  • Lawyers for Tri-County Awards Dinner — Organizer, Co-Chair, (2017-present)
  • 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
  • William J. Brennan Jr.-Arthur Vanderbilt Inn of Court, Master
  • Sedona Conference —e-Discovery Working Group 1, Member; Mass Torts and Punitive Damages Working Group 8 Commentary
  • Association of the Federal Bar of New Jersey
  • BioNJ — Legal, Compliance & Regulatory Group Advisory Committee
  • Third Circuit Bar Association
  • Defense Research Institute William & Mary School of Law — Alumni Ambassador
  • Saint Joseph’s University Law Alumni

Civic Activities

  • Tri-County Scholarship Fund — Trustee
  • Morristown American Little League Baseball — Board of Directors
  • Boy Scouts of America – Eagle Scout

Firm Leadership

  • Deputy Leader, Product Liability & Mass Torts Practice Group
  • Florham Park Mentorship Committee — Chair
  • Diversity Committee Sponsor
  • Drinker Biddle & Reath LLP — Chair, Products Liability and Mass Tort Group; Chair, Pharmaceutical and Life Sciences Industry Group

Honors

  • Chambers USA — Nationwide, Product Liability & Mass Torts, 2020
  • Benchmark Litigation —Top Litigator Under 40, 2017
  • Benchmark Litigation — Future Star, 2014-19
  • Benchmark Litigation — Under 40 Hot List, 2016
  • Legal Intelligencer — New Leaders of the Bar 40 under 40, 2014
  • New Jersey Law Journal — New Leaders of the Bar, 2014
  • William & Mary School of Law — 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
Awards Methodology
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