Michael Brown

Michael Brown is a trial lawyer who also coordinates strategy for companies facing large litigation, including mass tort litigation. His practice focuses on complex product liability and commercial matters, including class actions, Multi-District Litigations (MDL), mass torts, and claims for unfair competition and false advertising under state consumer protection statutes. Michael’s clients have included, among others, C. R. Bard Inc., Medtronic, Inc., Pfizer Inc., Merck & Co. Inc., Eli Lilly and Company, and GlaxoSmithKline, Inc. (GSK).

Michael currently serves as National Coordinating and Trial Counsel for C. R. Bard in In re: Davol, Inc./C.R. Bard, Inc. Polypropylene Hernia Mesh Products Liability Litigation,MDL No. 2846 and In re Kugel Mesh Hernia Repair Patch Litigation (MDL1842) and is Co-National Counsel for Bard in the In re C. R. Bard Pelvic Mesh Repair Litigation. He also represents Medtronic in the Infuse Bone Graft litigation and represents GlaxoSmithKline as trial counsel in California in the Avandia litigation.

He previously represented Merck in the Vioxx litigation and was National Coordinating and Trial Counsel for Pfizer in the In re Mirapex Product Liability Litigation. He was a member of the National Trial Team for 3M in the Silicone Gel Breast Implantation Litigation and was a Faculty Member at the IADC’s Trial Academy at Stanford University in 2004.

Michael has testified more than a dozen times before legislative and other committees concerning proposed legislation involving protective orders and confidential settlement agreements, summary judgments, unfair competition statutes, electronic discovery, and other issues.

He has worked with a coalition of businesses to oppose bills that would have eroded protection for confidential and proprietary information as well as bills that would have given prosecutors and private plaintiffs a “disgorgement of profits” remedy in cases involving California Business and Professions Code sections 17200 et al, and he was a member of the Civil Justice Working Group providing assistance to then-governor-elect Schwarzenegger’s transition team. He was also actively involved in working on reform efforts involving section 17200, particularly Proposition 64, which was enacted by California voters.

Education :

• University of San Francisco School of Law, 1982, J.D., Topics Editor, University of San Francisco Law Review, 1981 – 1982
• Georgetown University, 1978, A.B.

Professional Admissions & Qualifications : California

Court Admissions :

• U.S. Supreme Court
• U.S. Court of Appeals
• U.S. District Court
• U.S. District Court – District of Colorado

Professional Affiliations :

• Defense Research Institute (DRI), Drug, and Medical Device Steering Committee (2011-present)
• Board of Governors of the Association of Business Trial Lawyers (ABTL) (Los Angeles Chapter) (2000-2004)
• Product Liability Advisory Council, Member

EXPERIENCE :

• Riegel v. Medtronic Inc., 451 F. 3d 104 (2d. Cir. 2006): Successful defense of Medtronic Inc. in federal preemption case in the United States Court of Appeals, Second Circuit. Affirmed, 552 U.S. 312 (2008).
• Caplinger v Medtronic, 784 F. 3d 1335 (10th Cir. 2015): Co-counsel in successful defense of Medtronic in Infuse Bone Graft case on federal preemption grounds.
• David v Medtronic, 237 Cal. App. 4th 734 (2015): Dismissal of multi-plaintiff case on forum non conveniens in spite of local “nominal defendant.”
• Martin v Medtronic, 63 F. Supp. 3d 1050 (D. Az. 2014): One of many Infuse Bone Graft cases dismissed on federal preemption and/or pleading grounds.