Michelle Y. Ku

Clients turn to Michelle Ku because she is an experienced litigator with the raw intellectual horsepower to master their most complicated business disputes. Whether the circumstances require tactful negotiations or bet-the-business advocacy, Michelle is a legal powerhouse at every stage. On behalf of individuals and public and private companies in various industries, Michelle has litigated claims in a wide range of practice areas involving shareholder disputes, fiduciary duties, tax controversy, intellectual property, class actions, regulatory actions, consumer products, healthcare, construction, employment, franchise, oil and gas, antitrust, government investigation response, and complex commercial disputes.

Michelle relies on her creative legal reasoning and strategies to win significant verdicts and other favorable outcomes for clients, including recently, a landmark bench trial victory on behalf of a direct-selling company against the Federal Trade Commission (FTC) on pyramid scheme and deceptive income and product claims under the FTC Act; a multimillion-dollar jury verdict in a business fraud, theft, and breach of contract case; non-assessment determinations from Internal Revenue Service (IRS) Appeals in trust fund recovery penalty matters for former business executives; complete dismissal on summary judgment for a major airline of plaintiffs’ claims in a bet-the-business consumer class action involving breach of warranties; and denial of class certification in a case arising from the sale of allegedly defective consumer products where damages sought exceeded US$1 billion. Michelle’s recent trial and appellate experience also includes litigating claims involving the Computer Fraud and Abuse Act, patent infringement, trade secret misappropriation, non-competes, insurance, reinsurance, captive insurance, and corporate disputes.

In addition to handling clients’ toughest litigation matters, Michelle excels as her clients’ trusted advisor providing strategic advice for navigating sensitive business challenges. Regardless of whether she is handling the matter herself or is the Foley relationship partner for clients, Michelle makes sure her clients receive top-notch legal work and excellent client service. Clients also value Michelle’s focus on their business objectives and ability to counsel alternative approaches to accomplishing them, including implementing strategies geared toward resolving business challenges early and minimizing risk and liability in operations going forward.

Prior to joining the firm, Michelle clerked for Judge Catharina Haynes at the United States Court of Appeals for the Fifth Circuit. Before pursuing her career as a lawyer, Michelle was a television sportscaster and teacher in Korea.