Michael focuses his practice on defending consumer class actions and regulatory enforcement actions relating to consumer protection laws. He litigates before state and federal courts in matters involving claims of unfair competition, false and deceptive advertising and other violations of consumer protection and warranty laws. Michael has particular experience defending automotive, pharmaceutical and retail industry clients in their highest risk multidistrict, mass tort, and class action litigation, serving as lead counsel for a variety of Fortune 100 companies in high-profile matters.
Michael also has extensive experience counseling clients in all aspects of discovery in complex, bet-the-company litigation and investigations. He is a fierce advocate for clients on critical issues related to discovery, including routinely avoiding or outright defeating motions and discovery practice that threaten to cloud or overtake defenses to the merits of cases. Michael is well known among his peers and adversaries and brings a high level of credibility when dealing with opposing counsel, courts and/or government regulators on the thorniest discovery issues. Michael’s experience serving as lead counsel in complex litigation is bolstered by his experience leading discovery strategy, which frequently is the most expensive part of civil litigation and plays an integral part of the overall trial strategy. Michael has led all aspects of discovery in his client’s most important cases—including for Boehringer Ingelheim Pharmaceuticals, Inc. in the Zantac Products Liability Litigation, Beech-Nut Nutrition Company in the heavy metals litigation, and Honda in the Takata Airbags Product Liability Litigation. Michael regularly takes leadership roles with co-counsel in joint defense and other “virtual law firm” arrangements in complex, mass tort and multidistrict litigation.
Michael also advises clients on information governance and records management and retention, and compliance with state and federal discovery obligations before, during and after litigation. He regularly designs cost-effective and proportional electronic discovery strategies and protocols for clients. A seasoned litigator, Michael has frequently and successfully argued defensibility of process to courts and special discovery masters, protecting client data and avoiding significant costs.
Michael has an active pro bono practice, with a particular emphasis on impact litigation. He co-led a team of lawyers and civil rights advocacy groups in representing parents, teens and their medical providers in challenging an Alabama law criminalizing gender-affirming medical care for transgender minors. The team successfully obtained a preliminary injunction blocking the Alabama law from enforcement. This was only the second challenge to transgender care laws in the country, and the first to successfully challenge a criminal statute punishing the provision of medical care in this area. Michael also counsels The Trevor Project, the nation’s largest non-profit organization dedicated to ending suicide among LGBTQ+ youth.
Representative Matters
Served as co-lead counsel and lead discovery counsel for a food company in proposed consumer class actions, personal injury, and regulatory enforcement proceedings alleging false advertising and personal injury claims relating to certain heavy metals’ presence in the food supply.
Served as member of court-appointed Defense Steering Committee in the In re Zantac Products Liability Litigation in the Southern District of Florida, and served as lead discovery counsel in the MDL and parallel state court actions for a pharmaceutical company.
Served as lead discovery counsel for insurance brokerage firm in ransomware and data breach consumer class actions consolidated in the Northern District of Illinois.
Served as lead discovery counsel for automotive company in the In re Takata Airbags multidistrict litigation, related regulatory and Congressional inquiries and parallel state consumer class actions.
Obtained dismissal, with prejudice, in the Eastern District of New York in putative class action alleging representations contained on an ice cooler’s product packaging and labeling relating to the ability of the cooler to keep ice frozen were false and misleading.
Successfully sought a stay of a putative class action brought in Alameda Superior Court alleging claims against an automotive distributor that overlapped with nationwide class settlement in federal court, leading to the voluntary dismissal of the state court case.
Obtained dismissal, with prejudice, in the District of Connecticut in putative class action alleging the peak horsepower ratings contained on wet/dry vacuums’ packaging and labeling were false and misleading. After remand and following appeal, successfully obtained dismissal with prejudice of the amended complaint.
Successfully compelled to arbitration the named plaintiffs’ individual claims alleging defective automatic transmissions in a proposed class of vehicles, thus effectively defeating class certification.
Successfully compelled to arbitration the named plaintiffs’ individual claims alleging defective infotainment systems in a proposed class of vehicles, thus effectively defeating class certification.
Successfully obtained dismissal, with prejudice, of putative nationwide class action in New Jersey federal court, alleging the sale of certain vehicles equipped with high intensity discharge headlights violated New Jersey’s Consumer Fraud Act. Successfully defended the District Court’s order in the Third Circuit Court of Appeals, which affirmed the dismissal.
Secured denial of class certification and motion for summary judgment in a consumer class action where plaintiffs alleged automaker failed to disclose a defect in the anti-lock brake system of hybrid vehicles in violation of consumer protection and warranty statutes.
Settled consumer class action alleging that certain Honda vehicles suffer from a design and/or manufacturing defect that causes excessive oil consumption and engine misfire. Settlement was precipitated by market action and the terms were favorable to company.
Presentations
Managing Client Data Risks in the Digital Age, ALM Legalweek, January 30, 2024.
Media Coverage
Stanley Black & Decker Vacuum Labeling Case Dismissed, Law360, March 31, 2023.