Michael Mallow, managing partner and co-chair of Shook, Hardy & Bacon LLP‘s class action & pppellate litigation group, maintains a high-stakes commercial litigation practice focused on class actions and complex appellate matters. Mallow represents a prominent client base. Recent highlights include a favorable judgment for EDebitPay in a rare FTC enforcement action after seven years of litigation and successfully enforcing class action waiver arbitration clauses for American Honda in a multistate class action concerning automated emergency braking systems, with potential damages exceeding $5m and affecting roughly 900,000 vehicles.
Legal 500 Editorial commentary
Phone
424.324.3409
Email
Profile

Accolades

Los Angeles Elite

Profile

Work Department

Class Action & Appellate Litigation

Position

Managing Partner Los Angeles

Co-Chair, Class Action & Appellate Litigation Practice Group

Career

Michael is a highly experienced trial lawyer who has represented clients in class action and complex litigation matters, including cases related to economic product defects, unfair competition, false and deceptive advertising, business torts, privacy, entertainment and intellectual property. He has defended consumer protection actions and investigation initiated by the Federal Trade Commission (FTC), the U.S. Department of Justice, the Consumer Product Safety Commission and the Federal Communications Commission, as well as numerous state enforcement agencies. A client states that Michael is “a very smart lawyer and a very good strategist; he’s really excellent.”

For more than 20 years, Michael has been at the forefront of representing clients in significant consumer protection matters, including:

  • Defending the first enforcement action prosecuted by FTC related to the National Do Not Call Registry;
  • Securing a major automotive industry victory before the U.S. Court of Appeals for the Tenth Circuit mooting injunctive claims for relief brought by private plaintiffs following a product recall; and
  • Defeating a federal Telephone Consumer Protection Act (TCPA) class action by persuading the West Virginia Supreme Court of Appeals that internet classified ads constitute an express invitation.

Michael regularly counsels clients on marketing and advertising issues, and has substantial experience in the automotive, fashion retail, dietary supplement, telemarketing, electronic mail marketing, consumer products and payment processing industries.

Michael is the recipient of numerous accolades, including recognition by Chambers USA in the categories of California Litigation: General Commercial, and Product Liability: Consumer Class Action, and The Legal 500 United States in Dispute Resolution – Product Liability, mass torts and class actions: automotive/transport and consumer products. Law360 named him one of the “Transportation MVPs of the Year” in 2018, and a “Privacy & Consumer Protection MVP” in 2012. BTI Consulting Group recognized him as a “BTI Client Service All-Star” in 2012. Southern California Super Lawyers has honored him for Class Action/Mass Torts, Business Litigation and Civil Litigation Defense. Michael also has received the President’s Volunteer Service Award from the President’s Council on Service and Civic Participation.

Michael also has served as outside counsel to the State Bar of California on issues related to its member programs.

Memberships

  • Los Angeles Association of Business Trial Lawyers, Secretary
  • International Association of Defense Counsel
  • Los Angeles County Bar Association, Litigation Section
    • Co-Chair, Complex Courts Committee (2017)
    • Executive Committee (2017)
  • Association of Business Trial Lawyers
    • Board of Governors (2014-Present)
  • State Bar of California, Antitrust & Unfair Competition Section

Education

  • J.D., The George Washington University Law School, 1991
  • B.A., Binghamton University, 1988

Content supplied by Shook, Hardy & Bacon LLP

Key clients

  • EDebitPay
  • American Honda Motor Co.
  • University of Southern California
  • Toyota Motor North America
  • Jaguar Landrover North America
  • Kia Motors America
  • Hyundai Motor America
  • Volvo Car USA
  • Praetorian Global
  • Mitsubishi Electric, US, Inc.
  • Head USA
  • Slate Auto

Work highlights

Secured a favorable judgment for EDebitPay and its owners after more than seven years of FTC litigation over online discount clubs, successfully preventing a permanent injunction and protecting the clients’ business interests in a matter worth multiple millions of dollars.
Defending American Honda Motor Co. in a large multistate class action over its automated emergency braking system, successfully enforcing class action waiver arbitration clauses and challenging class certification in a matter involving over 900,000 vehicles and damages exceeding $5m.