People

Michael Shortnacy focuses his practice on defense of high stakes consumer class actions and regulatory enforcement actions relating to consumer protection statutes. He litigates before state and federal courts in matters involving claims of unfair competition, false and deceptive advertising and other violations of consumer protection laws.

Michael has significant experience counseling clients in all aspects of electronic discovery in complex and crisis litigation, and in civil and criminal investigations, and regulatory proceedings. 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. Michael regularly designs cost effective and proportional electronic discovery strategies and protocols for clients in the automotive industry. A seasoned litigator, Michael has frequently and successfully argued defensibility of process to courts and special discovery masters, protecting client data and avoiding costs. 

Michael also has experience in white collar criminal defense matters. He has represented corporate clients, special committees and boards of directors in internal investigations, as well as defended entities and individuals in federal and state grand jury investigations and proceedings related to securities and other fraud allegations. Michael advises clients across a variety of industries, including automobile and retail product manufacturers, software solutions providers and financial services companies.

Full Bio

Credentials

J.D., American University, Washington College of Law, cum laude

B.A., University of Southern California, magna cum laude, Phi Beta Kappa

California

District of Columbia

New York

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of California

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of New York

Intern, Reggie B. Walton, U.S. District Court for the District of Columbia

Co-Leader, EDRM-Duke Law's Proportionality Project

Member, American Bar Association, Consumer Protection Committee

Member, The Sedona Conference Working Group 1

Named a California Super Lawyers “Rising Star”


2013-2014

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Recognition

Named a California Super Lawyers “Rising Star”


2013-2014

Matters

Led discovery strategy for American Honda in the Takata Airbags multidistrict litigation, related regulatory and Congressional inquiries, and parallel state consumer class actions.

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 handled appeal of 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 Toyota failed to disclose a defect in the anti-lock brake system of Toyota hybrid vehicles in violation of consumer protection and warranty statutes.

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Matters

Led discovery strategy for American Honda in the Takata Airbags multidistrict litigation, related regulatory and Congressional inquiries, and parallel state consumer class actions.

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 handled appeal of 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 Toyota failed to disclose a defect in the anti-lock brake system of Toyota 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.

Secured denial of class certification and summary judgment in a consumer class action where plaintiffs alleged the transmission of several Honda and Acura vehicles was defective. 

Lead counsel for wet/dry vacuum manufacturer and retail chain in multidistrict class action litigation alleging vacuums' actual horsepower differed from the advertised rating. Settled case on terms very favorable to the clients. 

Defended merchant processing company in a consumer class action filed in the SDNY alleging that client’s marketing and sale of merchant credit card processing services violated RICO, consumer protection statutes, and various common law claims. Plaintiff voluntarily dismissed the case after his deposition was taken.

Matters

Led discovery strategy for American Honda in the Takata Airbags multidistrict litigation, related regulatory and Congressional inquiries, and parallel state consumer class actions.

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 handled appeal of 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 Toyota failed to disclose a defect in the anti-lock brake system of Toyota hybrid vehicles in violation of consumer protection and warranty statutes.

See more
Icon close

Close

Matters

Led discovery strategy for American Honda in the Takata Airbags multidistrict litigation, related regulatory and Congressional inquiries, and parallel state consumer class actions.

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 handled appeal of 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 Toyota failed to disclose a defect in the anti-lock brake system of Toyota 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.

Secured denial of class certification and summary judgment in a consumer class action where plaintiffs alleged the transmission of several Honda and Acura vehicles was defective. 

Lead counsel for wet/dry vacuum manufacturer and retail chain in multidistrict class action litigation alleging vacuums' actual horsepower differed from the advertised rating. Settled case on terms very favorable to the clients. 

Defended merchant processing company in a consumer class action filed in the SDNY alleging that client’s marketing and sale of merchant credit card processing services violated RICO, consumer protection statutes, and various common law claims. Plaintiff voluntarily dismissed the case after his deposition was taken.

Credentials

J.D., American University, Washington College of Law, cum laude

B.A., University of Southern California, magna cum laude, Phi Beta Kappa

California

District of Columbia

New York

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of California

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of New York

Intern, Reggie B. Walton, U.S. District Court for the District of Columbia

Co-Leader, EDRM-Duke Law's Proportionality Project

Member, American Bar Association, Consumer Protection Committee

Member, The Sedona Conference Working Group 1

Named a California Super Lawyers “Rising Star”


2013-2014

Icon close

Close

Recognition

Named a California Super Lawyers “Rising Star”


2013-2014