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- Professionals
- Michael X. Imbroscio
Mike Imbroscio represents clients in the life sciences industry facing complex litigation challenges. He serves as co-chair of the firm’s Product Liability and Mass Tort practice and has been recognized by Chambers for his strategic leadership skills and “the wisdom and judgment he brings” to resolving clients’ problems. A fierce advocate for increasing the diversity of the legal profession, Mr. Imbroscio leads the firm’s diversity and inclusion efforts.
- Counsel for Bayer in Mirena product liability litigation.
- Counsel for Boehringer Ingelheim in Pradaxa product liability litigation.
- Counsel for Hoffmann-La Roche Inc. in Accutane products liability litigation.
- Counsel for Eli Lilly and Company in Cymbalta and Cialis product liability litigation.
- Counsel for Genentech in Avastin, Lucentis, and Rituxan product liability litigation.
- Representation of HCA in commercial health care insurance dispute.
- Successful representation of Eli Lilly & Company in significant commercial dispute with a business partner.
- Regularly advises clients on drug safety, Daubert, preemption, innovator liability, and learned intermediary issues as they impact the branded pharmaceutical industry.
- Representation of numerous branded pharmaceutical and device clients facing civil, criminal, and Congressional inquiries into their promotional, manufacturing, and compliance activities.
- Frequent preparation of amicus briefs for life sciences trade groups on issues impacting the branded pharmaceutical industry.
Pro Bono
- Counsel for individual released after over 40 years of incarceration on the basis of ineffective assistance of counsel and newly available DNA evidence.
- Regularly represents indigent criminal defendants, including multiple armed robbery prosecutions and narcotics and firearms possession matters.
- Successfully overturning a decade-old conviction in United States v. Bragdon because of false testimony presented by the FBI Agent who examined evidence in the case, one of the first reversals in the nation arising from the FBI Laboratory misconduct scandal.
Memberships and Affiliations
- International Association of Defense Counsel, Member
- Defense Research Institute, Member
- Covington & Burling Public School Project, President
Previous Experience
- The White House, Associate Counsel to the President (1997-1999)
- Office of the Solicitor General, United States Department of Justice, Intern (1993)
April 16, 2017, The Litigation Daily
The Litigation Daily highlights Covington’s representation of Roche in the ongoing Accutane litigation, which recently saw a momentous defense ruling, likely leading to the dismissal of the nearly 3,000 remaining cases. Covington’s Product Liability team is led by Paul Schmidt and Michael Imbroscio.
Life Sciences Group Of The Year: Covington & Burling
February 10, 2017, Law360
Law360 selected Covington’s Life Sciences practice as a “Practice Group of the Year,” highlighting the firm’s involvement in billion-dollar transactions, success in contentious litigation, and regulatory advice on cutting-edge technology. According to Michael Labson, “What we offer and bring to complicated, complex issues is a mixture of deep subject-matter ...
Diversity Done Well
February 7, 2017, Major, Lindsey & Africa
Michael Imbroscio and Tammy Albarrán are quoted in Major, Lindsey & Africa’s “Diversity Done Well” feature discussing Covington’s focus on diversity. According to Imbroscio, “Our clients are demanding diverse legal teams, so we need to be mindful of the fact that this is a business imperative and we need to be able to bring in strong, diverse lawyers.” Albarrán ...
Product Liability Group Of The Year: Covington & Burling
January 17, 2017, Law360
Law360 selected Covington’s Product Liability practice as a “Practice Group of the Year,” profiling the team’s defense of Takata in litigation over potentially explosive airbags and Bayer Healthcare in multidistrict litigation (MDL) over Mirena IUDs, among other matters. According to Paul Schmidt, the firm’s range of work showcases its diversity of ...
Six Covington Lawyers Named Law360 MVPs
January 3, 2017
WASHINGTON—Law360 has named six Covington lawyers as MVPs in their respective practice areas. The awards single out lawyers from across various practice areas based on their “success in high-stakes litigation, complex global matters, and record-breaking deals.” The Covington lawyers recognized as Law360 MVPs are: Shara Aranoff, International Trade. Ms. ...
Product Liability MVP: Covington's Michael Imbroscio
December 21, 2016, Law360
Law360 selected Michael Imbroscio as a 2016 Product Liability MVP and profiled his mass tort defense victories over the past year, which scored notable wins for Eli Lilly, Roche, Bayer, and others. According to Imbroscio, “I think our success is driven by our ability to zero in on the key legal and factual issues in a case and drive the litigation to focus on ...
Trials: Business or legal remedy?
September 30, 2016, CHAM 2016: The Money of Healthcare System
Update on Innovator Liability
September 21, 2016, ABA Life Sciences Legal Summit
Litigation Powerhouse: Covington & Burling
August 12, 2016, Law360
John Hall, Paul Schmidt, Michael Imbroscio, and Stephen Anthony are quoted in the Law360 profile of the firm for the “Litigation Powerhouse” series. According to Hall, “What we have that other firms don't have is this incredible depth of regulatory and prior government experience that we bring to bear in almost all of our matters.” Schmidt, commenting on the ...
Shout Out: Covington & Burling LLP
August 18, 2015, The Am Law Litigation Daily
Covington lawyers were recognized for winning their third trial in four weeks on behalf of Eli Lilly in the Cymbalta litigation. The latest victory occurred in the U.S. District Court for the Eastern District of Virginia after a six-day trial. The team included partners Michael Imbroscio, Phyllis Jones and Paul Schmidt.
Covington Lawyers Kill on Cross-Exams in Cymbalta Case
August 14, 2015, The Am Law Litigation Daily
Phyllis Jones, Paul Schmidt, and Michael Imbroscio are quoted in an Am Law Litigation Daily article regarding their victory on behalf of client Eli Lilly in the Cymbalta litigation that looks closely at the cross-examination which exploited holes in plaintiff Erin Hexum’s case. During Hexum’s questioning, Jones used personal details from prior testimony to ...
May 29, 2015
WASHINGTON, DC, May 29, 2015 — Law360 ranked Covington eighth on its list of “Top 25 Best Law Firms For Black Attorneys.” The list highlights firms that have significantly more black attorneys than the industry average, particularly at the partner level. According to the publication, the firms in the top 25 average 6.6 percent black non-partners and 4.4 percent ...
April 14, 2015
WASHINGTON, DC, April 14, 2015 — Am Law Litigation Daily named Covington’s Paul Schmidt and Michael Imbroscio “Litigators of the Week” for leading the defense of Hoffmann-La Roche in the extensive litigation over its acne medication Accutane. Mr. Schmidt and Mr. Imbroscio scored a major victory on April 2 when they convinced a New Jersey state court judge ...
April 10, 2015, Am Law's The Litigation Daily
Covington's Paul Schmidt and Michael Imbroscio were named "Litigators of the Week" by AmLaw for their successful representation of Hoffmann-La Roche Inc.: "Not so long ago, Hoffmann-La Roche Inc. faced a grim reality in sprawling litigation over the acne medication Accutane." "In 2007, New Jersey judge Carol Higbee handed an edge to plaintiffs lawyers at ...
April 9, 2015, InsideCounsel
Covington's Mike Imbroscio was interviewed by InsideCounsel regarding the firm's participation in the OnRamp program: “There was no good model in place to make it easy for attorneys who stay at home to re-enter the workplace,” says Michael Imbroscio, chair of diversity initiatives and hiring partner at the Washington, D.C., office of Covington & Burling. The ...
April 1, 2015
WASHINGTON, DC, April 1, 2015 — Covington is proud to participate in the OnRamp Fellowship, a program that provides women lawyers re-entering the legal profession with an opportunity to update their skills and legal contacts through one-year, paid positions with top law firms. The program aims to replenish the talent pipeline in law firms with diverse, ...
February 23, 2015, Reuters
Covington's Mike Imbroscio and Paul Schmidt are mentioned regarding their successful representation of Roche in convincing a New Jersey judge to reject the testimony of plaintiffs’ experts who had linked its acne medication Accutane to Crohn's disease.
December 22, 2014, American Lawyer
Covington's Michael Imbroscio, Mark Lynch and Phyllis Jones are mentioned in these articles regarding their successful representation of Eli Lilly & Co.
Covington Awarded Top HRC Rating for Seventh Year
November 19, 2014
WASHINGTON, DC, November 19, 2014 — For the seventh consecutive year, the Human Rights Campaign Foundation has awarded Covington & Burling the top rating of 100 percent in the 2015 Corporate Equality Index. Covington’s rating reflects its support for same-sex partners of employees through health insurance, bereavement and family leave policies, as well as its ...
NLJ Names Covington to Appellate Hot List
June 3, 2013
WASHINGTON, DC, June 3, 2013 — For the fifth time, The National Law Journal has named Covington & Burling to its “Appellate Hot List.” The 2013 list recognizes firms whose appellate track records over the past year have included significant victories in cases that affect the course of industries, vindicate important constitutional rights, and have high financial ...
March 14, 2013, Law360
Five Covington Lawyers Named Law360 MVPs
December 3, 2012
WASHINGTON, DC, December 3, 2012 — Law360 named five Covington & Burling lawyers today as “Most Valuable Players” in their respective practice areas. The award singles out lawyers from across 22 practice areas whose achievements in major litigation or transactional matters have “raised the bar” over the past year. The Covington lawyers recognized as Law360 MVPs ...
Preventing Emotion from Overcoming Reason When There Has Been a Drug or Device Recall: Effective Litigation and Risk Minimization Strategies
December 2010, ACI Drug and Medical Device Conference
Litigation Prevention and Risk Management: Developing Risk Assessment Protocols to Reduce the Probability and Costs of Litigation
December 2009, ACI Drug and Medical Device Conference
Federal Preemption in the Non-Drug Context After Wyeth v. Levine
June 2009, Drug Litigation Conference: Pharmaceutical Law and Preemption in a Post-Levine World
March 9, 2009, Covington E-Alert
Presenting Corporate Witnesses in the Best Light Before the Jury and the Press
December 2008, ACI Drug and Medical Device Conference
Creating Regulatory and Labeling Processes That Can Bolster the Preemption Defense
July 2008, ACI Drug and Device Preemption Conference
April 15, 2008, Covington E-Alert
Covington Named to NLJ’s ‘Appellate Hot List’
4/9/2008
WASHINGTON, DC, April 9, 2008 — Covington & Burling LLP has been named to The National Law Journal’s inaugural “Appellate Hot List.” The “Hot List,” featured in the publication’s April 7 issue, recognizes 20 firms whose appellate track records included significant 2007 victories in cases with high financial stakes or that presented important legal principles. ...
February 27, 2008, Covington E-Alert
Litigating the Preemption Defense: Picking Your Fights Carefully
December 2007, ACI Drug and Medical Device Conference
July 17, 2007, Health Law 360
March 29, 2007, Covington E-Alert
2007, International Comparative Legal Guide to: Product Liability
Legal Implications of Drug Safety and Risk Management: The Broader Picture
January 2006, Presentation to Pharmaceutical Education & Research Institute
2005, 107 W. VA. L. REV. 847
The Rise (and Rise) of Preemption
2004, Presentation to ABA Litigation Group, Product Liability Committee
April 17, 2000, Legal Times
September 20, 1999, Legal Times
- Am Law Litigation Daily, "Litigator of the Week" (4/9/2015)
- Chambers USA - America's Leading Business Lawyers, Products Liability & Mass Torts (2014-2017)
- Law360, Product Liability MVP (2016, 2012)
- Legal 500 US, Product Liability & Mass Tort Defense: Pharmaceuticals & Medical Devices (2012-2017)
- Washington DC Super Lawyers, Products: Defense (2013-2017)
- Who's Who Legal, Product Liability Defence (2012-2016)
Practices
Industries
Education
Harvard Law School, J.D., 1993
- magna cum laude
- Harvard Law Review
The Ohio State University, B.A., 1990
- summa cum laude
Government Service
- White House
Judicial Clerkship
- Hon. John M. Walker, Jr., U.S. Court of Appeals, Second Circuit, 1993 - 1994
Bar Admissions
- District of Columbia
- Pennsylvania