Practice

Brian Sharkey is Counsel to Porzio, Bromberg & Newman and a member of the firm’s Life Sciences Practice Group.  He concentrates his practice in the areas of product liability, mass tort, toxic tort litigation, general liability, and governmental affairs.  He is co-chair of the Appellate Practice Group and launched the firm's first blog, which is devoted to analyzing opinions of the New Jersey Supreme Court, New Jersey Appellate Division and Third Circuit, and discussing important trends and issues in those courts.  Brian also serves as Director of Compliance and Legal Affairs for Porzio Governmental Affairs, LLC. 

Prior Relevant Experience

• Justice Peter G. Verniero, New Jersey Supreme Court, Clerk, 2000–2001
• Porzio, Bromberg & Newman, P.C., Summer Associate, 1999
• Office of the Attorney General, Division of Law, Newark, NJ, Law Clerk, 1998
• Durek & Harth, Attorneys at Law, Iselin, NJ, Law Clerk, 1998
• Governor’s Office of Constituent Relations, Trenton, NJ, Aide to the Governor, 1996–1997

Honors and Awards

• Recognized on the New Jersey Super Lawyers "Rising Stars" List, 2007, 2009 - 2013

Organizations/Memberships

• American Bar Association

  • Section of Litigation, Appellate Practice Committee, Programming Subcommittee; Mass Tort Committee
  • Tort Trial and Insurance Practice Section, Appellate Advocacy Committee; General Liability and Consumer Law Committee, Vice-Chair
  • Business Law Section; Government Affairs Practice Committee
• International Association of Defense Counsel, Trial Academy, Stanford University, August 2005
• Morris County Chamber of Commerce, Governmental Affairs Committee
• New Jersey State Bar Association
• New Jersey Supreme Court Committee on the Unauthorized Practice of Law
• New York State Bar Association

Publications

• "Australia Takes Center Stage in the Global Debate Over Life Sciences Transparency: Legislation vs. Self Regulation," Bloomberg BNA Pharmaceutical Law & Industry Report, March 2013.
• Co-Author, "Getting the Deal Through -  Life Sciences 2013,"  United States Chapter, published by Getting the Deal Through, 2013.
• "The Trend Towards Global Transparency: A Challenging New Work for the Life Sciences Industry," D. Jeffrey Campbell, Brian P. Sharkey (August 14, 2012) – prepared for distribution at the CBI’s 6th Annual Forum on Sunshine and Aggregate Spend, August 14-16, 2012, Washington, DC.
• Co-Author, "New Jersey Supreme Court Provides a Mixed Result in a Medical Device Preemption Decision," IADC Committee Newsletter, Drug, Device and Biotechnology, October 2012.
• Attribution in article, "Win Some Lose Some," in Science of Risk, July 19, 2012
• Co-Author, "Getting the Deal Through -  Life Sciences 2012,"  United States Chapter, published by Getting the Deal Through, February 2012.
• "The Federal Courts Jurisdiction and Venue Clarification Act of 2011: What it Means for Your Federal Practice," International Association of Defense Counsel's Drug, Device, and Biotech Committee Newsletter, January 13, 2012.
• Editor, "The New Reality of Sales Force Behavior and Management," FDLI Monograph Series, Vol. 2, Num 6, June 2011.
• Founder and Author, Porzio Appellate Law Blog, http://porzioappeallaw.pbnlaw.com/, 2010.
• "10 Questions, and Answers, to Get You Tweeting," ABA Young Lawyers Division - the Young Lawyer Newsletter, Vol. 15, No. 1, October 2010.
• "Governor Christie's Executive Orders Before the New Jersey Appellate Division: One Win, One Loss, and One "Draw" For the Governor," ABA Business Law Section: Government Affairs Practice Newsletter, Vol. 1, Iss. 3, Summer 2010.
• "A Controversial Campaign Finance Decision Should Not Impact Pay-to-Play Laws," New Jersey Law Journal, May 3, 2010.
• "Courts and Congress Respond to Citizens United v. Federal Election Commission," ABA Young Lawyers Division - the Young Lawyer Newsletter, Vol.14, No. 7, May 2010.

• "An Examination of New Jersey's Pay-to-Play Laws," ABA Business Law: Governmental Affairs Practice Newsletter, Winter 2010.

• "The Appellate Division Rebuffs the Attempts of Litigants to Create Appellate Jurisdiction," New Jersey Law Journal, December 14, 2009.
• Co-Author, "The Uncertainty Surrounding “Design” in Design Defect Cases," IADC Defense Counsel Journal, October 2009.
• "Recent Corruption Arrests Could Lead To More, And Tougher, Pay-To-Play Laws," Association of Corporate Counsel, Focus on the New Jersey Chapter, August 2009.
• "State Treasurer Defines 'State Redevelopment Entities,' Pursuant to Executive Order 118," Porzio Update, June 2009.
• Third Circuit Editor, Products Year-In-Review, DRI Product Liability Conference, April 2009.
• “The Importance of the ‘Design’ In a Product Liability Design Defect Case,” IADC Product Liability Committee Seminar, February 2009.
• “Attorney-Client Privilege in the United States Versus Abroad and Its Effects on Multi-National Companies,” IADC Product Liability Committee Webinar, January 2009.
• "The New Jersey Supreme Court Upholds the Constitutionality of the State's Pay to Play Law and Requires Strict Adherence to Its Provisions," Porzio Update, January 2009.
• "Two Recent New Jersey Cases Suggest Limited Liability for Defendants in Automotive Cases,"  ABA TIPS Products, General Liability and Consumer Law Committee Newsletter, Fall 2008.
• “Business Beware:  Political Contributions Can Cost You Government Contracts,” Porzio Update, August 2008.

• “Buyer Beware: You May Be Liable for the Defective Products of Your Predecessor” Defense Counsel Journal, Vol. 75, No. 2, April 2008.

• “New Jersey Supreme Court’s Decision on Admissibility of Expert Testimony Could Affect Whether New Jersey Remains a Hotbed of Product Liability Litigation,” IADC Product Liability Newsletter, December 2007.
• “Asbestos Victories Buck National Trend,” New Jersey Law Journal, November 5, 2007.
• “The Product Liability Law Maze and the Consequences for Companies That Become Trapped in It,” Strategies for Limiting Product Liability: Leading Lawyers on Preventing Claims, Developing Company Policies, and Mitigating Risk (Inside the Minds), October 2007.
• “Bucking the Tort Reform Trend? Manufacturer of Non-Asbestos Product Has Duty to Warn About Asbestos Dangers,” LJN’s Product Liability: Law and Strategy, Vol. 26, No. 3, September 2007.
• "Buyer (of the Assets of a Company) Beware," LJN's Product Liability: Law and Strategy, Vol. 25, No. 7, January 2007.
• "How the Pharmaceutical Industry is Coming Under Attack — Part II," Metropolitan Corporate Counsel, January 2007.
• "How the Pharmaceutical Industry is Coming Under Attack — Part I," Metropolitan Corporate Counsel, December 2006.
• “Talking To Your Client Could Get You In Trouble,” New Jersey Law Journal, October 2, 2006.
• “Are You a Governmental Affairs Agent? New Law Broadens Definition of Lobbyist, Bestows Nebulous Title,” New Jersey Law Journal, May 29, 2006.
• “Recent Developments in Products, General Liability, and Consumer Law,” Tort Trial & Insurance Practice Law Journal, Winter 2006.
• “Will Congress Follow the Lead of State Legislatures and Force the Pharmaceutical Industry to Counteract the Methamphetamine Epidemic?,” American Bar Association (ABA) Trial Tort and Insurance Practice Section Products, General Liability and Consumer Law Newsletter, Winter 2006.  
  
• “New Jersey Supreme Court Holds That a Forklift Manufacturer’s Compliance with OSHA Regulations Preempts State Product Liability Law,” Porzio Update, January 27, 2006.
• “Will Congress Follow the Lead of State Legislatures and Force the Pharmaceutical Industry to Counteract the Methamphetamine Epidemic?,” The Metropolitan Corporate Counsel, November 2005.
• “Asbestos Premises Liability Trends,” IADC Defense Counsel Journal, July 2005.
• “The Class Action Fairness Act of 2005: Overview, Historical Perspective, and Settlement Requirements,” Tort Trial & Insurance Practice Law Journal, Summer 2005.
• “Federal Class Action Reform Legislation Enacted After Years of Failure,” American Bar Association (ABA) Products, General Liability and Consumer Law Newsletter, Spring 2005.
• “The District Court of New Jersey Predicts That the New Jersey Supreme Court Would Permit a Plaintiff to Recover Pure Economic Loss Under a Strict Product Liability Theory Despite the Economic Loss Rule,” IADC Product Liability Newsletter, July 2004.
• “Defending Against Post-Sale Warning Claims,” LJN’s Product Liability Law and Strategy, June 2004.
• “The New Jersey Supreme Court Requires the Insured in a Long-Tail Environmental Exposure Case to Satisfy the Deductible of Each Triggered Policy,” IADC Toxic and Hazardous Substances Litigation Newsletter, April 2004.
• “Will Tort Reform be the Legacy of the September 11th Victim Compensation Fund?,” New Jersey Law Journal, September 8, 2003.
• “Now Is Congress’ Window of Opportunity to Resolve the Asbestos Litigation Crisis,” New Jersey Law Journal, February 3, 2003.
• “Asbestos Litigation Is a Crisis Spiraling Out of Control,” New Jersey Law Journal, January 27, 2003.
• “Removal of a Safety Guard Could Satisfy the Intentional-Wrong Exception,” New Jersey Law Journal, November 4, 2002.
• “Crawford-El v. Britton: The Supreme Court Re-Examines the Qualified Immunity Defense Within the Confines of the Federal Rules of Civil Procedure,” 29 Seton Hall L. Rev. 1122 (1999).
• “Third Circuit Predicts that the Pennsylvania Supreme Court Would Not Apply the Doctrine of Apparent Authority to Enforce an Attorney’s Unauthorized Settlement of a Client’s Claim,” 30 Seton Hall L. Rev. 409 (1999).

Speaking Engagements

• CBI's 4th Annual West Coast Forum on Sunshine and Aggregate Spend (San Diego 4/24/2013, Speaker - "Intro Class - A Crash Course in State, Federal and Global Transparency Requirements and Aggregate Spend Solution"/"Evaluate International Regulations and Global Transparency Trends""
• "Update on International Transparency Laws and Industry-Adopted Codes," CBI's 10th Annual Pharmaceutical Compliance Congress PCC 2013, Washington, DC., January 29-30, 2013.
• "The Trend Towards Global Transparency - A Challenging New World for the Life Sciences Industry," 3rd Annual West Coast Compliance Congress for Pharmaceutical, Biotech and Medical Device/Diagnostics Companies, San Francisco, CA, November 28-29, 2012.

• "Global Transparency – Lessons Learned from U.S. Reporting," Porzio Pharmaceutical Services, LLC Webinar, May 30, 2012.

• "Understanding the International Transparency Landscape," Q1: Pharmaceutical and Medical Device Global Transparency Initiatives Conference, Boston, MA, May 21, 2012.
• "NJICLE Presents Recent Developments in New Jersey Law," New Jersey Law Center, New Brunswick, New Jersey, August 11, 2010.
• New Jersey Legislature Testimony re: Citizens United v. Federal Election Commission and Its Impact on New Jersey's Pay-to-Play Laws, Assembly Judiciary Committee, Trenton, New Jersey, February 18, 2010.

• "Electronic Documents: Avoiding the Ethical Pitfalls of Metadata," Audio Conference, Center for Competitive Management, February 24, 2009.

• Workshop on Judicial Clerkships, Seton Hall Law School, April 1, 2008.
• "Be on Your Best Behavior:  An Ethics Update for Municipal Lawyers, Lawyer-Lobbyists, Public Officials and Those who Contribute to Them,” New Jersey State Bar Association Mid-Year Meeting, Santa Barbara, California, November 7, 2007.
• "Building a Successful Legal Career: Gathering the Right Tools for the Job," Seton Hall University School of Law, Newark, New Jersey, November 2, 2002.
• "Product Liability from A to Z," ICLE Seminar, June 29, 2002.