Covington & Burling LLP | Michael X. Imbroscio

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Michael X. Imbroscio

Partner

Washington +1 202 662 5694 mimbroscio@cov.com Download V-card

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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. Over his 20 years in practice, he has litigated a wide range of civil and criminal matters, including cases in the areas of sports, antitrust, national security, civil forfeiture, and insurance coverage.

A fierce advocate for increasing the diversity of the legal profession, Mike leads the firm’s diversity and inclusion efforts.

Counsel for Boehringer Ingelheim in coordinated litigation involving Pradaxa, an innovative new oral anticoagulant.
Counsel for Hoffmann-La Roche Inc. in Accutane products liability lawsuits.
Counsel for Eli Lilly & Company in products liability litigation involving Cymbalta.
Counsel for Genentech in product liability litigation involving Avastin and Rituxan.
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.

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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.

International Association of Defense Counsel, Member
Defense Research Institute, Member
Covington & Burling Public School Project, President

The White House, Associate Counsel to the President (1997-1999)
Office of the Solicitor General, United States Department of Justice, Intern (1993)

Update on Innovator Liability

Litigation Powerhouse: Covington & Burling

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

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

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 ...

Covington Named to List of “Top 25 Best Law Firms for Black Attorneys”

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 ...

Am Law names Covington’s Paul Schmidt and Michael Imbroscio “Litigators of the Week”

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 ...

Litigators of the Week: Paul Schmidt and Michael Imbroscio of Covington & Burling

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 ...

OnRamp Fellowship helps women attorneys to re-enter the legal workforce

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 ...

Covington to Offer Paid, One-Year Positions for Returning Women Lawyers

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, ...

Judge bars expert testimony linking Accutane to Crohn's disease

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.

Cymbalta Plaintiffs Falter as Lilly Beats 'Brain Zaps' Class Action

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

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

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 ...

Five Covington Lawyers Named Law360 MVPs

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

Litigation Prevention and Risk Management: Developing Risk Assessment Protocols to Reduce the Probability and Costs of Litigation

Federal Preemption in the Non-Drug Context After Wyeth v. Levine

Presenting Corporate Witnesses in the Best Light Before the Jury and the Press

Creating Regulatory and Labeling Processes That Can Bolster the Preemption Defense

Covington Named to NLJ’s ‘Appellate Hot List’

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. ...

Litigating the Preemption Defense: Picking Your Fights Carefully

Learned Intermediary Doctrine: Required By Fed Law?

Border Control: Keeping Foreign Regulatory Evidence Out of U.S. Pharmaceutical Litigation

Legal Implications of Drug Safety and Risk Management: The Broader Picture

Adequate Drug Warnings in the Face of Uncertain Causality: The Learned Intermediary Doctrine and the Need for Clarity

The Rise (and Rise) of Preemption

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Am Law Litigation Daily, "Litigator of the Week" (4/9/2015)
Chambers USA - America's Leading Business Lawyers, Products Liability & Mass Torts (2014-2016)
Washington DC Super Lawyers, Products: Defense (2013-2016)
Law360, Product Liability MVP (2012)
Legal 500 US, Product Liability & Mass Tort Defense: Pharmaceuticals & Medical Devices (2012-2016)
Who's Who Legal, Product Liability Defence (2012-2016)

Representative Matters

Pro Bono

Memberships and Affiliations

Previous Experience

News and Insights (Showing 5 of 33) (Showing 33 of 33)

Preventing Emotion from Overcoming Reason When There Has Been a Drug or Device Recall: Effective Litigation and Risk Minimization Strategies

Litigation Prevention and Risk Management: Developing Risk Assessment Protocols to Reduce the Probability and Costs of Litigation

Presenting Corporate Witnesses in the Best Light Before the Jury and the Press

Creating Regulatory and Labeling Processes That Can Bolster the Preemption Defense

Learned Intermediary Doctrine: Required By Fed Law?

Legal Implications of Drug Safety and Risk Management: The Broader Picture

Adequate Drug Warnings in the Face of Uncertain Causality: The Learned Intermediary Doctrine and the Need for Clarity

The Rise (and Rise) of Preemption

Accolades

Practices

Education

Harvard Law School, J.D., 1993

The Ohio State University, B.A., 1990

Government Service

Judicial Clerkship

Bar Admissions