MICHAEL THURMAN, PARTNER

Michael Thurman knows what business executives expect from their lawyers because he has been both the lawyer and the client. A seasoned trial attorney and former in-house general counsel, Michael represents businesses and their executives in state and federal regulatory enforcement actions, consumer protection matters, Telephone Consumer Protection Act (TCPA) litigation and complex disputes with competitors.

Michael has extensive experience defending companies and individuals in investigations and enforcement proceedings brought by the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), state attorneys general and other regulatory authorities. He represents clients whose business practices are challenged by allegations of deceptive advertising, unfair business practices, consumer protection violations and regulatory compliance issues. He understands that even responsible businesses acting in good faith can face serious allegations of wrongdoing. His experience includes defending high-stakes enforcement actions involving potential monetary penalties, injunctive relief, asset freezes and restrictions on business operations.

A significant portion of Michael’s practice focuses on helping businesses navigate the complex and evolving landscape of consumer protection laws and regulations. He advises clients on advertising and marketing practices, regulatory compliance, internal policies and risk management strategies designed to minimize exposure to government enforcement actions and private litigation. He also defends businesses in consumer class actions, including claims brought under the TCPA and other federal and state consumer protection statutes.

Michael also represents businesses in disputes with competitors involving unfair competition, trade secrets, intellectual property and the unauthorized use of names, likenesses and advertising keywords. Whether defending allegations of improper competitive conduct or pursuing claims to protect a client’s business interests, he develops litigation strategies that account for both the immediate legal issues and broader commercial implications.

What distinguishes Michael’s approach is his experience serving as both outside litigation counsel and an in-house legal executive. Having sat in the client’s chair, he understands that litigation and regulatory challenges are not simply legal problems; even allegations that ultimately prove unfounded can disrupt operations, strain resources, threaten business relationships and create reputational risks. He draws on this perspective to provide practical, commercially informed counsel that aligns legal strategy with his clients’ business objectives.

Before joining Sklar Kirsh, Michael was a partner at Loeb & Loeb LLP for nine years, where he helped establish the firm’s Consumer Protection Defense Department and served as Co-Chair of its Consumer Protection Bureau Task Force. He previously served as an in-house general counsel and as a litigation partner at Keesal, Young & Logan.

Representative Matters

State and Federal Regulatory Defense

• Successfully defended the former owner of a credit card processing company against an FTC request for a temporary restraining order, appointment of a receiver and asset freeze that would have significantly restricted business operations and access to assets.
• Represented an Internet marketing company and one of its principals in an FTC enforcement action in federal court in Oregon involving allegations that the company’s online shopping club and related marketing practices violated Section 5 of the FTC Act.
• Represented an Internet marketing company in a federal declaratory relief action against the FTC challenging the agency’s authority to seek monetary relief under Section 13(b) of the FTC Act.
• Defended an Internet marketer in an FTC enforcement action in federal court in Washington, D.C., involving alleged violations of federal consumer protection laws.

Consumer Protection Compliance and Litigation

• Advised businesses on updating compliance policies, operating procedures and marketing materials in preparation for CFPB supervision.
• Defended a merchant processing company in a federal consumer class action alleging RICO violations, consumer protection violations and common law claims arising from the marketing and sale of merchant credit card processing services. The plaintiff voluntarily dismissed the action following his deposition.
• Represented a merchant processing company in a California consumer class action alleging violations of the state’s Unfair Competition Law, resolving the matter on favorable terms involving only the individual plaintiff.
• Defended the principal of a debt settlement company in a Georgia class action alleging violations of the state’s Debt Adjustment Act.
• Defended the owner of a debt settlement company in a consumer protection class action in Washington state court.

Privacy and Communications Litigation

• Resolved separate putative class actions against a newspaper and a national automotive parts distributor involving alleged violations of California laws prohibiting the unauthorized recording of telephone conversations.

Commercial Litigation

• Defended an Internet marketing company and individual marketers in a state court breach of contract action.
• Successfully represented victims of the 2005 La Conchita landslide, securing more than $7.5 million in damages arising from the failure to properly maintain the hillside.

Education

A.B., Stanford University, Sociology (Departmental Honors)

J.D., University of Oregon School of Law

Admissions

• California
• Oregon

Professional Affiliations

• American Bar Association, Antitrust Law Section, Consumer Protection Committee
• California Bar Association, Antitrust and Unfair Competition Law Section
• Former NASD-licensed Registered Representative and General Securities Supervisor

Recognition

• Martindale-Hubbell, AV Preeminent Rating (5.0 out of 5.0), the organization’s highest peer-review rating for legal ability and professional ethics