Michael D. Leffel

Michael D. Leffel is a partner and litigation lawyer with Foley & Lardner LLP. Michael's practice focuses on complex commercial litigation matters and arbitrations. Michael is the chair of the firm’s Consumer Law, Finance & Class Action Practice. He is also a member of the firm's Appellate and Business Litigation & Dispute Resolution Practices. He is an adjunct professor at the University of Michigan and the University of Wisconsin law schools teaching courses on “Complex Litigation.”

Michael has represented clients, including many Fortune 100 companies, in more than 250 class actions. The cases involved various state consumer protection statutes, breach of warranty claims, the Telephone Consumer Protection Act, the federal securities and antitrust acts, the Racketeering Influenced and Corrupt Organizations Act, the Truth-In-Lending Act, the Fair Credit Reporting Act, the Real Estate Settlement Practices Act, and product liability claims, among other issues.

Michael has served as counsel for clients in 15 cases before the United States Supreme Court, and has represented parties in numerous cases before courts of appeals at both the state and federal level. He also has represented clients before various regulatory agencies and in congressional investigations.

Prior to joining Foley & Lardner, Michael worked for Wilmer, Cutler & Pickering in Washington, D.C., where his practice focused on commercial litigation and where he was awarded the John H. Pickering award for his commitment to pro bono representation.

Recent Representative Matters

Michael recently represented two different Fortune 100 companies in lengthy arbitration hearings, the most recent of which resulted in a judicial confirmation of a final award in excess of $285,000,000 for Foley’s client.

He led a team at the district court level and successfully argued on appeal a novel claim based on allegations of cyber hacking of vehicles, ultimately defeating a nationwide class action of automobile purchasers in Flynn v. FCA, et al., 39 F.4^th 946 (6^th Cir. 2022).

He also obtained summary judgment and argued the appeal defeating another proposed nationwide classs action against a claim filed under Telephone Consumer Protection Act in BPP v. CarmarkPCS Health, LLC, 2022 WL 16955461 (8^th Cir. 2022).

He is currently representing multiple automobile parts suppliers in various class actions around the country.

Education

Michael is a graduate of the University of Michigan Law School (J.D., cum laude, 1997). He served as the managing editor of the Michigan Law Review and authored, "A More Sensible Approach to Regulating Independent Expenditures: Defending the Constitutionality of the FEC’s New Express Advocacy Standard." After graduation from law school, Michael served as a law clerk for the Honorable Karen Nelson Moore, United States Court of Appeals for the Sixth Circuit. He has lectured on class actions, the enforceability of arbitration clauses, the constitutional implications of academic freedom, and the constitutionality of student fees.

Admissions

Michael is admitted to practice in Wisconsin, the District of Columbia, the U.S. Supreme Court, the U.S. Courts of Appeals for the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, District of Columbia Circuits, and the U.S. Court of Appeals for Veterans Claims. He is also admitted in the U.S. District Courts for the Eastern and Western Districts of Wisconsin, the District of Columbia, the Northern District of Ohio, the Eastern District of Michigan, and the Northern and Southern Districts of Illinois.

Publications and Presentations

• Author, “Don’t Delay Rule 23(f),” Consumer Class Defense Counsel, February 2019
• Author, “RESPA Class Action Case Cannot Survive Scrutiny under Spokeo or Menominee,” Consumer Class Defense Counsel, January 2019
• Author, “A Primer: Wisconsin’s New Class Action Statute,” Wisconsin Lawyer Volume 91, Number 4, April 2018
• Author, “The D.C. Circuit Significantly Limits the Reach of the TCPA Statute, but Issues Still Remain,” Consumer Class Defense Counsel, March 2018
• Co-authored a chapter, The Attorney’s Guide to the Seventh Circuit Court of Appeals (Sixth Edition, 2015), State Bar of Wisconsin CLE Books
• Author, “ Jurisdiction Issues Dog Multistate Class Actions,” Consumer Class Defense Counsel, March 2018
• Author, “4 Tips for Applying Arbitration Agreements to TCPA Claims,” Consumer Class Defense Counsel, February 2018
• “Class action waivers in arbitration agreements enforceable: High court,” Business Insurance, June 20, 2013
• Quoted, “Attorneys React to High Court’s Arbitration Ruling,” Law360, June 20, 2013
• “Developments in Class Actions," Litigation, Dispute Resolution, & Appellate Practice Institute 2013, May 2013
• Quoted, “Small Pharmacies Seek Class Cert. In Caremark Antitrust Row,” Law360, November 2012
• "Mooting Plaintiff's Case Might Not End Class Action," Law360, October 2012
• “Debunking Class Certification Myths,” Law360, January 2012
• “Trends in ‘All Natural’ Class Actions,” Law360, November 2011
• “Using Offers Of Judgment in Class Actions,” Law360, September 2011
• “Concepcion Steers Potential Class Actions Toward Arbitration,” Wisconsin State Bar News, July 2011
• "Foreclosure Actions Could Result in FDCPA Violations," LexisNexis® Research Solutions, July 2010
• "New Rulings from the Fourth and Eleventh Circuit Shed New Light on RESPA Liability and the Filed Rate Doctrine," LexisNexis® Emerging Issues Analysis, July 2009
• "Current Developments in Lender Liability Law – Consumer Context Part II," Foley & Lardner LLP Web conference, April 2009
• “Eighth Circuit Keeps Two Product Liability Class Actions Off the Road,” September 2021, Co-Author
• “Supreme Court Rules Injury at Law Insufficiently Concrete to Establish Injury in Fact,” June 2021, Co-Author
• “Supreme Court Narrows TCPA Ban on Autodialers,” April 2021, Co-Author
• “Blackmailer Beware: Seventh Circuit Disgorges Class Objectors’ Inequitable Settlement Proceeds,” August 2020, Co-Author
• “Supreme Court TCPA News: Government Debt Collectors Beware and Autodialers Under Review,” July 2020, Co-Author
• “Seventh Circuit Holds Alleged Violation of Illinois Biometric Information Privacy Act Confers Article III Standing,” May 2020, Co-Author
• “Top Eight Action Items for Educational Institutions to Avoid, Prepare for, and Resolve COVID-19 Class Actions,” May 2020, Co-Author
• “D.C. Circuit Sidesteps Bristol-Myers Personal Jurisdiction Defense in Class Action, but Seventh Circuit Rejects It,” March 2020, Co-Author
• “Real Estate Industry Facing Threat of New TCPA Class Actions,” August 2019, Co-Author
• “Recent Decision from District of Oregon Denying Enhanced Damages Underscores Vast Liability Exposure Under the TCPA,” June 2019, Co-Author
• “En Banc Ninth Circuit Clarifies That Settlement Classes Are Not Held to Same Standard as Litigated Classes,” June 2019, Co-Author
• “Don’t Delay Rule 23(f),” Consumer Class Defense Counsel, February 2019
• “RESPA Class Action Case Cannot Survive Scrutiny under Spokeo or Menominee,” Consumer Class Defense Counsel, January 2019
• “A Primer: Wisconsin’s New Class Action Statute,” Wisconsin Lawyer Volume 91, Number 4, April 2018
• “The D.C. Circuit Significantly Limits the Reach of the TCPA Statute, but Issues Still Remain,” Consumer Class Defense Counsel, March 2018, Co-Author
• The Attorney’s Guide to the Seventh Circuit Court of Appeals (Seventh Edition, 2022), State Bar of Wisconsin CLE Books, Co-Author
• “ Jurisdiction Issues Dog Multistate Class Actions,” Consumer Class Defense Counsel, March 2018
• “4 Tips for Applying Arbitration Agreements to TCPA Claims,” Consumer Class Defense Counsel, February 2018
• “Class action waivers in arbitration agreements enforceable: High court,” Business Insurance, June 20, 2013
• Quoted, “Attorneys React to High Court’s Arbitration Ruling,” Law360, June 20, 2013
• “Developments in Class Actions," Litigation, Dispute Resolution, & Appellate Practice Institute 2013, May 2013
• Quoted, “Small Pharmacies Seek Class Cert. In Caremark Antitrust Row,” Law360, November 2012
• "Mooting Plaintiff's Case Might Not End Class Action," Law360, October 2012
• “Debunking Class Certification Myths,” Law360, January 2012
• “Trends in ‘All Natural’ Class Actions,” Law360, November 2011
• “Using Offers Of Judgment in Class Actions,” Law360, September 2011
• “Concepcion Steers Potential Class Actions Toward Arbitration,” Wisconsin State Bar News, July 2011
• "Foreclosure Actions Could Result in FDCPA Violations," LexisNexis® Research Solutions, July 2010
• "New Rulings from the Fourth and Eleventh Circuit Shed New Light on RESPA Liability and the Filed Rate Doctrine," LexisNexis® Emerging Issues Analysis, July 2009
• "Current Developments in Lender Liability Law – Consumer Context Part II," Foley & Lardner LLP Web conference, April 2009
• The Importance of Administrative Procedures Act Compliance in RESPA Reform, RESPRO® Magazine, Second Quarter 2008, Co-Authored 
• Overcoming Patent Infringement Allegations: Key Insights Into Patent Licensing & Effective Strategies For Dealing With Alleged Breaches & Extortion, Aspatore Books, 2004, by Paul Hunter (editor)
• Michigan Law Review, Volumes 94-95, 1995-1997 (Managing Editor)
• Note, A More Sensible Approach to Regulating Independent Expenditures: Defending the Constitutionality of the FEC’s New Express Advocacy Standard, 95 Mich. L. Rev. 868 (1996)