Michael A. Rogoff | People | Arnold & Porter

For more than two decades, Michael Rogoff has successfully guided clients through a wide array of government investigations and related complex civil litigation, particularly in the life science industry. He is Co-Chair of the firm's False Claims Act practice and has an active civil litigation practice defending companies in False Claims Act (FCA) and other follow-on litigation after government investigations.

Michael spent over five years as a federal prosecutor at the United States Attorney's Office for the Southern District of New York, where he tried numerous cases to verdict, prosecuting 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 received his law degree from New York University School of Law, where he was an Articles Editor for the Annual Survey of American Law and received the Moot Court Advocacy Award for Outstanding Brief.

Focus Areas

Experience

Numerous pharmaceutical, medical device and diagnostics companies and executives in federal and state criminal and civil government investigations and internal investigations involving allegations of off-label promotion, anti-kickback statute violations, FCA violations and other issues related to sales, marketing and pricing practices.
Medical device manufacturer in a federal criminal investigation involving alleged manufacturing deficiencies.
Investment firm and its convertible bond traders, and the head of the arbitrage department of a major brokerage firm in grand jury and SEC investigations of insider trading and other violations.
Special committee of independent directors of the largest U.S. diagnostic-imaging company in conducting internal investigation of related party transactions by various directors.
Former treasurer and chief financial officer of major pharmaceutical company in criminal, SEC and related civil investigations regarding allegations of accounting improprieties.

Private for profit school in investigation by New York Attorney General regarding allegations that school misled consumers through its advertising and operated without a license.
Various clients in municipal corruption investigation by New York District Attorney’s Office.
Various clients in momentum trading, LIBOR and foreign exchange manipulation investigations by multiple agencies, including DOJ, SEC, CFTC, and FCA.
Various clients in mutual fund (market timing/late trading) and insurance brokerage (bid rigging) investigations by the New York Attorney General.
Executives of Fortune 500 corporations and major accounting firms in securities and accounting fraud investigations.

AbbVie in a qui tam suit filed in the District of Maryland alleging price reporting claims in connection with various medications. On a motion to dismiss, we obtained dismissal of all claims. The relator appealed. On January 25, 2022, the Court of Appeals for the Fourth Circuit affirmed the dismissal. The Fourth Circuit later decided to rehear the case en banc. On September 23, 2022, the full court affirmed the district court’s dismissal. United States ex rel. Sheldon et al v. Allergan Sales, Inc. 2022 WL 211172 (4th Cir. Jan. 25, 2022).
Bayer Corporation and Merck & Co., Inc. in defense of a qui tam suit in the District of New Jersey alleging misbranding in connection with the antibiotic, Cipro®. Filed a motion to dismiss the amended complaint in March 2021 on various grounds. On March 31, 2022, the Court granted our motion in its entirety, dismissing the case. United States ex rel. Bennett, 17 Civ. 4188 (ES-MAH).
Eli Lilly & Co. in successful defense of various qui tam litigations alleging violations of the AKS and FCA through the use of nurse educator and reimbursement support services. Obtained dismissals of the federal and NJ state cases.
Pfizer in FCA cases filed in the Southern District of New York and District of Rhode Island by the same relator against numerous pharmaceutical manufacturers and pharmacy benefit managers, alleging violations of the Anti-Kickback Statute and FCA through payment of service fees. Both cases were dismissed, and the dismissals were affirmed by the Second and First Circuits in December 2020 and January 2022, respectively.
Novartis Pharmaceuticals Corporation and Novartis Corporation in the successful defense of a 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. Garcia et al. v. Novartis Pharmaceuticals Corporation et al., 06 Civ. 10465 (WGY). Dismissal with prejudice of all federal claims was affirmed by the First Circuit. United States ex rel. Kelly et al. v. Novartis Pharmaceuticals Corporation et al., 827 F.3d 5 (1st Circuit 2016). Relators then filed suits in multiple state courts under state FCA statutes; those cases were also subsequently dismissed.

Alcon Laboratories and Alcon Inc. in the successful defense of a 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. United States ex rel. Lampkin v. Alcon Laboratories Inc., et al., 08 Civ. 05362 (JAP).
Pharmaceutical company in a qui tam suit in federal court in Los Angeles alleging violations of federal price reporting requirements and the AKS in connection with the marketing of its medications.
Pharmaceutical company 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.
Pharmaceutical company 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.

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.
MG Technologies in connection with various commercial disputes in the United States arising out of MG's $2 billion loss trading oil derivatives.
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.
UBS Capital in suit by investor alleging conversion of its investment opportunities. The court granted client's motion to dismiss.

Perspectives

February 8, 2024

False Claims Act Fiscal Year 2023 Year in Review Webinar

February 5, 2024

Kick Off the New Year With Qui Notes False Claims Act FY23 Year in Review and an Early Look at FY24

Arnold & Porter Webinar

December 2023

Deskbook on Internal Investigations, Corporate Compliance, and White Collar Issues (2nd ed.)

Practising Law Institute

November 30, 2023

“No” Means “No”: The Government’s Veto Over Public Disclosure Bar Dismissals

Qui Notes: Unlocking the False Claims Act

September 27, 2023

Arnold & Porter’s White Collar Defense & Investigations Team Honored by LMG Life Sciences

Qui Notes: Unlocking the False Claims Act

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Recognition

LMG Life Sciences Awards

Government Investigations Attorney of the Year (2023)

Best Lawyers

Criminal Defense: White-Collar (NY) (2013-2024)

Chambers USA

False Claims Act (Nationwide) (2023)
Litigation: White-Collar Crime & Government Investigations (New York) (2013-2023)

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Credentials

Education

J.D., New York University School of Law
B.A., University of Rochester, magna cum laude, with Distinction, Phi Beta Kappa, Omicron Delta Epsilon Honor Society

Admissions

New York
U.S. Court of Appeals for the Second Circuit
U.S. District Court, Eastern District of New York
U.S. District Court, Southern District of New York

Government & Military Service

Assistant United States Attorney for the Southern District of New York

Clerkships

U.S. District Court, District of Maryland, The Honorable Walter E. Black, Jr.

Activities

Member, New York Council of Defense Lawyers
Member, Association of the Bar of the City of New York
Member, American Bar Association, Criminal Justice Section
Member, Federal Bar Council