James M. BroganPartner
Jim Brogan's trial practice includes commercial, intellectual property, product liability and toxic torts disputes. Clients also turn to him for advice on discovery, risk management, loss prevention, litigation training and cost containment.
Jim is often consulted on prophylactic measures involving commercial disputes, product liability and the protection of intellectual property in the context of product liability litigation. Real trial experience and extensive training in the physical and biological sciences provide him with deep insight into the legal, technical, and practical aspects of clients' strategies.
Jim has served as Chair of the firm's US Litigation group and Co-Chair of the firm’s International Litigation Group, and as a member of DLA Piper's Executive and Policy Committees.
Jim currently serves multinational companies based in France, Germany, Sweden and the United States. These engagements have included service as national discovery, national coordinating, and/or trial counsel in litigation involving commercial disputes, toxic torts, catastrophic injuries arising from the use of products and intellectual property. His experience includes the following:
- Lead Trial Counsel in dozens of matters throughout the United States.
- Defense verdict and counter claim verdict in 2023 as trial counsel for a Swedish multinational outdoor power equipment company in dispute with a supplier.
- Currently serving as national discovery counsel for multi-national tire company based in the United States.
- Currently serving as counsel in matters involving the use of 6PPD in manufactured rubber products.
- Currently serving as counsel in U.S. matters for multinational product manufactures based in France.
- Defended a class action for a multinational automotive component parts manufacturer which has its principal place of business in the Federal Republic of Germany.
- Served as national discovery counsel, managing the development and implementation of domestic and non-domestic document retention, legal hold, and recent e-discovery procedures for a multinational automotive component parts manufacturer which has its principal place of business in the Republic of France.
- Developed and implemented prophylactic programs for administrative, commercial and products liability matters anticipated by a domestic multinational company involved in manufacturing and distribution activities in North and South America, Asia, and Europe. The effort included addressing the impact of regulations of various domestic and foreign state and national level agencies such as or analogues to the CPSC, NHTSA, FDA, EPA, and/or their counterparts in other jurisdictions.
- Defended to verdict and/or settlement several matters involving the affects (environmental, personal injury and property damage) of various substances, including benzene, diacetyl, MTBE, PCBs and others.
- Obtained a landmark state Supreme Court decision recognizing the lack of personal jurisdiction over three non-United States based affiliate companies of a United States based multinational company.
- Defended and/or is defending through appeal non-United States based affiliate companies of multinational companies against the exercise of personal jurisdiction over the companies in fifteen different states and in the context of commercial and products liability disputes.
- Obtained decisions from Third, Fourth, Sixth, and Tenth Federal Circuit Courts of Appeal favorably affecting refining/marketing and product manufacturing industry wide concerns.
- Obtained decision, affirmed by the New York Court of Appeals, reinforcing concept of spoliation.
- Defended to verdict and through appeal a products liability matter involving catastrophic injuries resulting in Wisconsin Supreme Court decision clarifying products liability law in Wisconsin.
- Defended to verdict and through appeal anti-trust matters in the Third and Sixth Circuits.
- Defended to dismissal and through appeal several Petroleum Marketing Practices Act matters.
- Served as national coordinating counsel for consumer products and medical devices for a glass products manufacturer.
- Obtained a landmark state Supreme Court decision recognizing the lack of personal jurisdiction in California over forced associations outside of their home states, which resulted in reciprocal determinations in other states.
- Developed a program for the training of in-house managers.
- Developed a program for creation of document portfolios during project and product development.
- J.D., Villanova University School of Law 1981
- B.A., Biological Sciences, Indiana University 1974
- Fellow - American College of Trial Lawyers
- Fellow - International Academy of Trial Lawyers
- The Legal 500 United States
- Recommended, Securities Litigation – Defense (2022)
- Recommended, Product Liability, Mass Tort and Class Action: Consumer Products (including Tobacco) (2021-2022)
- Recommended, Product Liability, Mass Tort and Class Actions: Toxic Tort - Defense (2021)
- Recommended, Product Liability, Mass Tort and Class Action: Pharmaceuticals and Medical Devices - Defense (2017, 2021)
- Recommended, Product Liability, Mass Tort and Class Action: Automotive/Transport (2016-2018, 2021-2023
- Pennsylvania Super Lawyer for nineteen consecutive years
- Repeated recognition by The Legal Intelligencer as one of Philadelphia's Best Lawyers in its annual guides in two categories--Commercial Litigation and Bet-the-Company Litigation.
- Irish Legal 100
- Listed in The Best Lawyers in America for business litigation.
- Legal Services Corporation Veterans’ Task Force, 05 July 2022
- Global Perspectives on Class Actions, 04 May 2022
- "Personal Jurisdiction After Goodyear and McIntyre One Step Forward; One Step Backward?"- University Of Pennsylvania Journal Of International Law (2014)
- The Life and Travels of a Pro Hac Lawyer - Philadelphia Bar Association Quarterly Magazine, Vol. 72, No. 3, Fall 2009.
- "Want to Advance Diverse Lawyers? Then Share the Credit," The Legal Intelligencer (November 16, 2016)
Between college and law school, Jim served in the U.S. Army Corps of Engineers, graduated from the U.S. Army Ranger and Airborne Schools and was in active service with the 39th Engineer Battalion (CBT) and reserve service through law school. After graduating law school, Jim continued reserve service in the Judge Advocate General Corps.
Memberships And Affiliations
- Product Liability Advisory Council
- American Bar Association's Products, General Liability and Consumer Law Committee
- Long Range Planning Committee of the ABA's Tort and Insurance Practice Section (TIPS)
- Philadelphia Bar Association's Compulsory Arbitration Committee
Civic and Charitable
- Board Member – Rocky Mountain Biological Laboratory, Gothic, Colorado
- Board Member – Keewaydin Foundation, Dunmore, Vermont
- Coordinator - DLA Piper's Champion Partnership with Villanova Law School's Pro Bono "Lawyering Together" program
- Past Chairman - Radnor, Haverford, Marple Sewer Authority
- Past Chairman - Cynwyd Club