Michael D Roth

Partner
Business Litigation
Los Angeles +1 213 218 4014
Experience
  • After a 10-day jury trial, secured a complete defense verdict for Disney in a high-profile copyright case in the Central District of California concerning the 2016 hit animated musical movie Moana. The verdict was recognized as one of the verdicts of the year in 2025 by The Daily Journal.
  • After a six week trial, prevailed in an SEC administrative proceeding against a hedge fund alleging that the fund misled investors about its legal finance investments. For his work on the matter, Mr. Roth earned a spot as one of Law360’s "legal lions" for the week of October 18, 2018.
  • Successfully defended Converse, Inc. and its parent company, Nike, Inc., against allegations of CIPA violations, including winning summary judgment on CIPA's application to internet communications, which the Ninth Circuit affirmed. Gutierrez v. Converse Inc., 2025 WL 1895315 (9th Cir. 2025).
  • Obtained a full victory for The Gap, Inc. in a class action raising issues of first impression under the New Hampshire Driver Privacy Act. After prevailing in the trial court, the First Circuit entirely affirmed the dismissal. Bourgeois v. The TJX Companies, Inc., 129 F.4th 28 (1st Cir. 2025);

REPRESENTATIVE Class action matters

  • Obtained complete dismissal of case against The Gap, Inc. in class action alleging that the terms of its Merchandise Return Cards violated California's gift certificate laws.
  • Won complete dismissal for Shutterfly in a consumer class action in San Diego Superior Court arising out of a data breach.
  • Compelled arbitration in false advertising class action brought against a ride-sharing company.
  • Compelled arbitration in class action brought against cannabis company alleging violations of the Telephone Consumer Protection Act.
  • Defeated class certification in a nationwide, multimillion-dollar false advertising case brought against one of the world’s leading clothing retailers.
  • Won a motion to deny class certification in an action against Best Buy, brought by a plaintiff who claimed he did not receive an extra promotional DVD in a box set of the Smallville TV series.

REPRESENTATIVE commercial/entertainment matters

  • In an idea-theft case regarding the television show The Talk, obtained a complete dismissal on an anti-SLAPP motion for the television studio, producers, and creators of the show.
  • Obtained a complete dismissal on the pleadings for Stiiizy in case alleging federal and state RICO violations concering the THC levels in certain HEMP products.
  • Obtained a judgment in the Southern District of New York declaring the Consumer Financial Protection Bureau and its enabling statute unconstitutional in their entirety.
  • Prevailed at summary judgment and obtained a seven-figure judgment for a major retailer in the face of a challenge to its Minimum Advertised Price (MAP) policy.
  • Defeated summary judgment for a plaintiff in a breach of fiduciary duty case concerning the rights to one of the world’s largest private collections of Ansel Adams photographs.
  • Obtained a permanent injunction for a handbag manufacturer in a multimillion-dollar trade dress dispute with a competitor.
  • Won an anti-SLAPP motion on behalf of a client in a $15-million lawsuit alleging claims of extortion and obtained a dismissal of a related action after succeeding on demurrer.
  • Obtained summary judgment for a defendant in Air2Water v. AquaSciences Inc., a case alleging misappropriation of trade secrets, fraud, and other business torts against a company that has developed a cutting-edge technology to generate potable water out of the ambient humidity in the air.

AppEAls

  • In the Third Circuit Court of Appeals, obtained reversal of decision voiding all cash advance agreements between class members in the NFL’s concussion suit and litigation funding companies. In re Nat’l Football League Players’ Concussion Injury Litig., 923 F.3d 96 (3d Cir. 2019).
  • Prevailed in the California Court of Appeal in a class action brought by landlords alleging short term vacation rentals violated local rent control ordinances and California’s Unfair Competition Law, Bus. & Prof. Code § 17200. See Alexis v. Airbnb, Inc., 2019 WL 4183934 (2019).
  • Successfully represented the Santa Monica Rent Control Board against due process and takings challenges to Santa Monica’s rent-control law before the Ninth Circuit Court of Appeals and the California Court of Appeal.

Amicus Briefs

  • Filed amicus curiae briefs in the United States Supreme Court in the matters:
  • Seila Law LLC v. Consumer Financial Protection Bureau, Case No. 19-7;
  • Raymond J. Lucia Companies v. SEC, Case No. 17-130;
  • Facebook, Inc. v. Duguid, Case No. 19-511
  •  
  • Barr v. America Association of Political Consultants, Inc., Case No. 19-631.
  • Filed amicus curiae briefs on behalf of a hedge fund in the D.C. Circuit Court of Appeals cases, Raymond J. Lucia Companies v. SEC and PHH Corp. v. Consumer Financial Protection Bureau.
  • Represented a group of the world’s largest retailers in filing an amicus curiae brief regarding the enforceability of certain clauses in commercial real estate leases in the California Court of Appeal case Grand Prospect Partners v. Ross Dress for Less.

pro bono

  • In a pro bono representation regarding financial elder abuse, worked with Bet Tzedek Legal Services to successfully obtain the return of client’s real property and money that had been stolen by a caregiver. For his work on the matter, Michael received the California State Bar’s Wiley W. Manuel Award for pro bono legal services.
  • In a pro bono representation for acclaimed artist Gretchen Ryan, recovered more than $300,000 of artwork that was misappropriated by a rogue gallery that had previously represented Ms. Ryan as her art merchant.
Bio

Michael Roth is a go-to litigator and advisor who clients turn to for their most important legal matters. His practice focuses on complex business and entertainment litigation, and cases brought under California’s consumer protection laws. He leads scores of consumer class action matters and has been hailed as a "17200 guru" by clients.  Michael is often called on to represent clients through the appellate process and has obtained successful results before federal and state appellate courts.

Michael has received many awards and accolades and in 2025 was named to the Daily Journal’s Commercial Litigator list and to the Los Angeles Times B2B Studios Legal Visionaries list, and his complete defense verdict in a high-profile copyright case concerning the animated musical movie Moana was recognized by the Daily Journal as one of the Verdicts Of The Year. For his trial work against the SEC in 2018, Michael was recognized as a “Legal Lion” by Law360.  

Before attending law school, Michael worked in the music industry as the Director of Alternative Music at an internationally known record label before starting his own independent record company.

Speaking Engagements

Caught in the Crosshairs: Privacy Litigation’s Biggest Battles in 2026, CLE Presenter 

CIPA Class Actions: Coming to a Website Near You, CLE Presenter

Is Your Online Consent Effective: Balancing Deterrence and Prevention with Business Realities, CLE Presenter

You Receive a Privacy Demand Letter—What’s Next, CLE Presenter

The Age of AI and Your Ethical Obligations as a Lawyer, CLE Presenter

Emerging Circuit Splits and Predictions, CLE Presenter

The Ethical In-House Lawyer:  Protecting Your Communications, CLE Presenter

The Evolving Landscape of Privacy and Breach Class Actions: In With the New & In With the Old, CLE Presenter

Too Good to Be True: Sellers Beware of Section 17200, CLE Presenter

The Defense Strikes Back: Litigating Under the anti-SLAPP Statute, CLE Presenter

Journey to the Center of the Administrative State (or There and Back Again), CLE Presenter

Conflict? What Conflict?, CLE Presenter

Marketing Mayhem: Recent Supreme Court Decisions & Litigation Trends, August 2020 Marketplace Risk, CLE Presenter

Current State of the Law in Litigation Finance, 2d Annual LF Dealmakers Forum 2019, Panelist

Personal Jurisdiction Issues After Bristol-Myers Squibb, 2018 Bridgeport Class Action Litigation Conference, Presenter

Author, Laissez-Fair Videoconferencing: Remote Witness Testimony and Adversarial Truth, 48 UCLA Law Review 185 (2000)