Michael Rogoff, Co-Chair of Kaye Scholer’s Complex Commercial Litigation Department and Chair of the White Collar Litigation and Internal Investigations Practice Group, is an experienced trial and appellate lawyer whose practice is concentrated in the areas of white collar and civil litigation. He has represented major US and international corporations, as well as corporate directors and individuals, in a wide variety of disputes involving health care, securities, product liability, antitrust, consumer class action, trademark and copyright, trade secrets and breach of contract. Michael is also experienced in conducting internal investigations, as well as representing clients in SEC and grand jury investigations. He is a co-author of the Kaye Scholer LLP Deskbook on Internal Investigations, Corporate Compliance and White Collar Issues (Practising Law Institute 2014).
Michael was an Assistant United States Attorney for the Southern District of New York from 1991 to 1997, where he investigated and prosecuted federal criminal cases involving fraud, labor racketeering, money laundering, narcotics trafficking and murder in aid of racketeering. During his tenure, Michael received the distinguished Director’s Award for Superior Performance as an Assistant United States Attorney.
Michael is nationally recognized as a leading attorney by Chambers USA (2014), which quoted clients describing him as “‘very practical and results-oriented’” with “‘excellent legal skills and tremendous communication skills.’” Sources also noted that “‘he brings sharp, strategic judgment to bear in a broad scope of litigation matters.’” Michael has also been recognized in “Criminal Defense: White-Collar” by Best Lawyers 2016 and was honored as one of the “Best Law Firm Writers of 2011” by the Burton Awards for Legal Achievement.
Representative Matters – White Collar and Internal Investigations
- Represents major pharmaceutical companies in federal and state criminal and civil government investigations and internal investigations involving allegations of off-label promotion, anti-kickback statute violations, False Claims Act violations and other issues related to sales, marketing and pricing practices.
- Represented special committee of independent directors of the largest US diagnostic-imaging company in conducting internal investigation of related party transactions by various directors.
- Represented former treasurer and chief financial officer of major pharmaceutical company in criminal, SEC and related civil investigations regarding allegations of accounting improprieties.
- Represented clients in grand jury and SEC investigations of insider trading and other violations. Clients include an investment firm and its convertible bond traders, and the head of the arbitrage department of a major brokerage firm.
- Represented various clients in momentum trading, LIBOR and foreign exchange manipulation investigations by multiple agencies, including DOJ, SEC, CFTC and FCA.
- Represented clients in mutual fund (market timing/late trading) and insurance brokerage (bid rigging) investigations by the New York Attorney General.
- Represented executives of Fortune 500 corporations and major accounting firms in securities and accounting fraud investigations.
Representative Matters – Qui Tam Litigation
- United States ex rel. Garcia et al. v. Novartis Pharmaceuticals Corporation et al., 06 Civ. 10465 (WGY). Successfully defended Novartis Pharmaceuticals and Novartis Corporation in qui tam suit brought in District of Massachusetts by multiple relators, alleging off label and kickback claims in connection with the asthma medication, Xolair®. On a motion to dismiss, obtained dismissal with prejudice of all claims.
- United States ex rel. Lampkin v. Alcon Laboratories, Inc., et al., 08 Civ. 05362 (JAP). Successfully defended Alcon Laboratories and Alcon, Inc. in qui tam suit brought in District of New Jersey by relator, alleging off label and kickback claims in connection with ocular medication, Vigamox®. On a motion to dismiss, obtained dismissal with prejudice of all claims.
- Defending major brand name prescription drug manufacturer in qui tam litigation brought in Southern District of New York by government and relator, alleging kickbacks to specialty pharmacies in connection with various medications.
- Defending major brand name prescription drug manufacturer in qui tam litigation brought in Southern District of New York by government and relator, alleging kickbacks to physicians through speaker programs in connection with various cardiovascular medications.
Representative Matters – Commercial
- Represented pharmaceutical company in phenylpropanolamine (“PPA”) product liability cases. In that regard, Michael supervised cases throughout the United States, deposing and defending numerous medical experts, coordinating trial strategy and litigation efforts nationwide and with other manufacturers. Litigation team won four defense verdicts; there were no plaintiff verdicts.
- Represented mg technologies in connection with various commercial disputes in the United States arising out of mg’s $2 billion loss trading oil derivatives.
- Represented General Electric Co. in a consumer class action alleging deceptive trade practices and breach of warranty and contract claims. The court denied class certification and entered summary judgment for our client.
- Represented UBS Capital in suit by investor alleging conversion of its investment opportunities. The court granted client’s motion to dismiss.
Michael has appearedon and provided commentary for CNN’s “Burden of Proof,” and MSNBC’s “Judge & Jury” and “Crosstalk NBC” television news shows.
In the Market
- White Collar Litigation Alert: Department of Justice Issues Memorandum to Federal Prosecutors Regarding Individual Accountability for Corporate Wrongdoing September 11, 2015
- Best Lawyers 2016 Recognizes 45 Kaye Scholer Lawyers August 17, 2015
- SDNY Enjoins Government from Prosecuting Truthful Non-Misleading Off-Label Promotion August 10, 2015