Ezra D. Rosenberg has had a leading role in the defense of many industries in consumer fraud, product liability and mass tort class action suits for the last 15 years. He has also handled a variety of complex commercial litigation matters, both trial and appellate, throughout the United States, including a number of significant pro bono representations. While maintaining a busy practice, Mr. Rosenberg has also been active in firm leadership, serving several terms on the firm’s Policy Committee, and as a Deputy Chair of the firm. He is also a former co-chair of the Product Liability and Mass Torts Group.
For three consecutive years, Dechert’s Product Liability and Mass Torts practice was honored with the Award for Excellence in Product Liability by Chambers USA, a referral guide to leading lawyers in the United States. Since 2007, Mr. Rosenberg has been consistently ranked among the top product liability litigators both in New Jersey and nationwide by Chambers. According to Chambers, Mr. Rosenberg “handle(s) a wide range of product liability issues, but perhaps is most highly prized for his trial expertise.” Chambers also noted his “impressive knowledge about both the industry and what is important to [client],” in addition to classifying him as a “superbly insightful,” “multi-talented,” “front-line litigator” and “terrific legal theorist” who “really shines in mass tort claims and other complex litigations connected to consumer fraud and product liability.” Mr. Rosenberg has also been regularly selected among “The Best Lawyers in America” for the appellate, bet-the-company litigation, commercial litigation, mass tort class action litigation, and product liability litigation categories by U.S. News and Best Lawyers. During this time, he has also been highlighted in The Legal 500 United States in the fields of Consumer Products and Pharmaceutical Products Liability Litigation Defense. According to The Legal 500, Mr. Rosenberg provides “first-rate services and is a master of class action law with phenomenal litigation judgment.” Since 2008, Mr. Rosenberg has also been named a “Litigation Star” by Benchmark Litigation, which has described him as “quick on his feet,” “a national figure with expert capability in the nuances of products liability law,” a “particularly ‘superb’ appellate talent,” and “very hip, very intellectual, with a keen grasp of the complicated science involved in pharmaceutical and chemical cases.” He was named a “Life Science Star” in the 2012 and 2013 editions of LMG Life Sciences. Recently, Mr. Rosenberg was chosen as one of the world’s leading product liability defense lawyers by The International Who’s Who for 2013 and The International Who’s Who of Business Lawyers for 2014. He was also named to the 2014 New Jersey Super Lawyers list.
In 2011, Mr. Rosenberg received the American Jewish Committee Judge Learned Hand Award, given annually to an outstanding leader in the legal profession who exemplifies the “high principles and noble tradition associated” with Judge Hand, one of America’s most influential judges.
- Served as lead counsel on behalf of two major pharmaceutical companies and their joint venture, which had been sued in more than 140 consumer fraud and RICO class actions arising out of the marketing of their anti-cholesterol drug.
- Currently serving as liaison counsel for another major pharmaceutical company in defense of product liability claims consolidated for mass tort treatment in New Jersey.
- Served as co-liaison counsel and lead trial counsel for five groups of organizational and individual intervenors in their successful defense against the State of Texas’ complaint for preclearance of its photo ID voting requirement under Section 5 of the Voting Rights Act.
- Represented a major oil company in the Motor Fuel Temperature Sales Litigation pending as a multidistrict litigation in federal court in Kansas, and was asked by the joint defense group to argue against class certification on behalf of all industry defendants.
- Served as liaison counsel for the lead pigment industry in In Re: Lead Paint Litigation, brought by 26 municipalities and counties in New Jersey, and was selected by the joint defendant trial team to be lead counsel arguing defendants’ dispositive motion and the appeal from the successful motion before both the Appellate Division and the New Jersey Supreme Court. Mr. Rosenberg argued the case to the New Jersey Supreme Court in November 2006 and convinced the court to reverse the Appellate Division and reinstate the order dismissing the public nuisance claim.
- Serves as one of Philip Morris USA’s national counsel, representing the company in the defense of putative class action cases filed across the United States alleging violations of state consumer protection action statutes. He has argued numerous motions in those cases, including against class certification, and for summary judgment based on federal preemption grounds.
- Successfully tried a wrongful death case to jury verdict on behalf of Philip Morris USA.
- Argued appeals before numerous state supreme courts, appellate courts and Federal Circuit Courts of Appeal.
Prior to joining Dechert, Mr. Rosenberg served as a senior trial attorney at the U.S. Department of Justice (DOJ) where he litigated matters as diverse as one-House veto cases and Fifth Amendment takings cases arising out of the Bikini Atoll nuclear testing, earning the DOJ Award for Meritorious Service.
Mr. Rosenberg is active in pro bono
representations. In addition to his work on the Texas Photo ID case (where he co-partnered with the Lawyers’ Committee for Civil Rights Under Law and the Brennan Center for Justice), a Dechert team led by Mr. Rosenberg, working with lawyers from the ACLU of New Jersey and the Center for Social Justice of Seton Hall Law School, recently completed litigation against the Passaic County Jail, resulting in a comprehensive settlement to improve jail conditions. Mr. Rosenberg is currently working with the Lawyers’ Committee for Civil Rights Under Law and the University of North Carolina Center for Civil Rights, in litigation arising from a North Carolina school district’s prior unconstitutional conduct in operating a segregated school system. In 2014, Mr. Rosenberg was named to The National Law Journal
’s “Pro Bono Hot List” for his role in significant public interest cases of national importance.
Mr. Rosenberg is a frequent lecturer on issues relating to consumer fraud, product liability and class actions, and co-chaired the American Conference Institute’s May 2007 conference on Consumer Fraud Class Actions. He is also a member of the Steering Committee of the Sedona Conference Working Group on Punitive Damages and Mass Torts.
University of Pennsylvania, B.A., 1971, Cum laude
New York University School of Law, J.D., 1974, Cum laude, Founders Day Award, Order of the Coif, and the American Jurisprudence Award in Constitutional Law
Supreme Court of the United States
United States Court of Appeals for the Third Circuit
United States District Court for the District of New Jersey
United States District Court for the District of Columbia
United States Court of Federal Claims
United States Tax Court
District of Columbia
Mr. Rosenberg is a past president of the Mercer County Bar Foundation and Mercer County Bar Association. He is also a former member of the New Jersey Supreme Court Committee on Civil Jury Charges, the New Jersey Supreme Court Bench Bar Media Committee, and the New Jersey State Bar Association’s Special Task Force on Disciplinary Reforms. He is a former trustee of the Association of the Federal Bar of the State of New Jersey. He was recently appointed to the Board of Trustees of the Lawyers’ Committee for Civil Rights Under Law.