Michael D
Roth

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.

Obtained a judgment in the Southern District of New York declaring the Consumer Financial Protection Bureau and its enabling statute unconstitutional in their entirety.

Compelled arbitration in class action brought against cannabis company alleging violations of the Telephone Consumer Protection Act.

Compelled arbitration in false advertising class action brought against a ride-sharing company.

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.

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.

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 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.

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.

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 the Third Circuit Court of Appeals, obtained a reversal of a 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).

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; and

Barr v. America Association of Political Consultants, Inc., Case No. 19-631.

Prevailed on an 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.

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.

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.