Michelle Y. Ku

Partner

Michelle Ku is a business litigator who has successfully represented businesses and individuals in complex commercial lawsuits involving various industries and in matters involving local, state, and federal governments. Her practice focuses on business cases involving antitrust, government investigation response, class actions, tax controversy, intellectual property, energy, regulatory, and commercial issues. She is a partner in the firm’s Business Litigation & Dispute Resolution Practice as well as the Tax, Intellectual Property, and Energy Litigation Practices, and Manufacturing and Energy Sectors.

Michelle’s recent trial experience includes litigating an issue of first impression involving claimed deductions under I.R.C. § 199 and captive insurance matters under I.R.C. §§ 501 and 831, defending against patent infringement, trade secret, non-compete, and Computer Fraud and Abuse Act claims, and prosecuting fraud, breach of fiduciary duty, and contract claims. Michelle also has appellate experience in state and federal courts.

Michelle relies on her creative legal reasoning and strategies to win significant verdicts and other favorable outcomes for clients, including a recent multimillion-dollar jury verdict in a business fraud, theft, and breach of contract case, complete dismissal on summary judgment of plaintiffs’ claims in a bet-the-business class action, and denial of class certification in a putative class action arising from the sale of allegedly defective consumer products where damages sought exceeded US$1 billion.

Whether the circumstances require tactful extrajudicial negotiations to resolve burgeoning disputes or bet-the-business advocacy before a judge, jury, arbitral panel, or government agency, Michelle is a fierce advocate at every stage. In addition, Michelle counsels dispute avoidance and implementing strategies geared toward resolving business challenges early and minimizing risk and liability in operations going forward.

Michelle was honored in 2022 with the Top Women Lawyers award from the Texas Diversity Counsel. In addition, Michelle was honored in 2018 with the Dallas Top 50 Women Lawyers award from the Texas Diversity Council and was recognized by D Magazine as one of its Best Lawyers Under 40 in Dallas. 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.

*Matters handled prior to joining Foley.

Awards and Recognition

  • Recognized, Litigators of the Week, The Am Law Litigation Daily (2023)
  • Honoree, 40 Under 40, Dallas Business Journal (2023)
  • Recognized, Top Women Lawyers Award Winner, Texas Diversity Council (2022)
  • Honored, Dallas Top 50 Women Lawyers Award, Texas Diversity Council (2018)
  • Recognized, The Best Lawyers Under 40 in Dallas, D Magazine (2018)

Affiliations

  • Member, State Bar of Texas
  • Barrister, The Patrick E. Higginbotham American Inn of Court (2018-2022)
  • Associate, The Patrick E. Higginbotham American Inn of Court (2017-2018)

Community Involvement

  • Member, Dallas Regional Chamber Young Professionals (YP)

Languages

  • Korean, Conversant
05 April 2024 Honors and Awards

Foley Receives Bravo Supplier Award from DSN for Historic Neora Win Against FTC

Foley & Lardner LLP was awarded the Bravo Supplier Award from Direct Selling News in recognition of the firm’s “pivotal role in Neora’s battle against the Federal Trade Commission.
03 January 2024 Manufacturing Industry Advisor

What Every Multinational Company Needs to Know About...Implementing an International Compliance Program (Part III)

We have received a request from several multinational clients to provide a list of the compliance policies that make sense for every multinational company to have in place. So as a follow-up to our earlier two posts, we thought we would add Part III, covering the core compliance policies that we most commonly see at most multinational companies.
19 October 2023 Deals and Wins

Foley Represents Jelly Belly Candy Company in its Sale to Ferrara Candy Company

Foley & Lardner LLP advised Jelly Belly Candy Company in its agreement to be sold to Ferrara Candy Company.
06 October 2023 Honors and Awards

Foley Attorneys Named ‘Litigators of the Week’ for Historic Win Against the FTC

Foley & Lardner LLP partners Edward Burbach, Craig Florence, and Michelle Ku are named ‘Litigators of the Week’ by The Am Law Litigation Daily for their defense of direct selling skincare and wellness company Neora and its founder in a historic win against the U.S. Federal Trade Commission in a bench trial in Dallas.
04 October 2023 In the News

Foley’s Historic Win in Case Against FTC Featured in Legal Press

Foley & Lardner LLP’s announcement of the complete exoneration of its client Neora in a landmark case against the Federal Trade Commission is featured in legal press, including the Bloomberg Law article, “Neora Beats Back Pyramid Scheme Allegations in Loss for FTC.”
29 September 2023 Deals and Wins

Foley Represents Neora in Winning Historic Case Against FTC

Foley & Lardner LLP announced today that after a more than seven-year battle, the firm has secured a complete victory for leading direct-selling wellness company Neora and its founder Jeff Olson in a landmark case against the FTC.