Teresa H. Michaud
Baker & McKenzie LLP
Teresa H. Michaud is a member of the Global Steering Committee of the Technology, Media & Telecommunications (TMT) Industry Group, leading the Interactive Entertainment/metaverses Working Group, and is the co-chair of the North American Class Action Subgroup. She is an experienced litigator who represents top companies on all aspects of dispute resolution, including complex business disputes, class actions, intellectual property and international arbitration. She has a multijurisdictional practice, and is admitted in California, New York, Texas, England and Wales. She is a Certified Information Privacy Professional/United States (CIPP/US). Teresa is also one of the founding members of our Los Angeles office that opened in 2018.
Teresa's practice primarily includes multijurisdictional contract and business torts disputes; consumer class actions (consumer protection, unfair business practices, false advertising, data privacy and breach actions); intellectual property disputes; trade secret misappropriation; CDA Section 230 matters; and the defense of other statutory and common law claims. She also regularly advises global companies on litigation avoidance practices, including contract provisions, ecommerce terms and conditions, content moderation and regulation, gaming regulations, consumer regulatory concerns, data privacy and security practices, advertising and marketing claims, and intellectual property protection.
Representative Legal Matters
- Obtained complete defense verdict as co-lead counsel in six-week jury trial for global enterprise software company and its US subsidiary, and defeated six of eight claims for the foreign subsidiary in a breach of contract and fraud case filed in the Superior Court of California, San Jose.
- Obtained complete defense verdict as first chair in arbitration hearing against global platform on allegations of false advertising and unfair business practices related to algorithmic pricing practices.
- Obtained dismissal for global platform in the US District Court for the Northern District of California, San Jose against alleged violations of California’s Consumer Legal Remedies Act and Unfair Competition Law relating to claims that "loot boxes" in video game apps constitute unlawful gambling devices.
- Obtained preliminary and permanent injunctions, summary judgment and award of attorneys' fees in the US District Court for the Central District of California, Los Angeles on behalf of an international retailer enforcing franchise agreements covering five states.
- Obtained summary judgment in the US District Court for the Northern District of California, San Jose on behalf of global platform in putative nationwide class action asserting TCPA violations.
- Defeated temporary restraining order and preliminary injunction sought against global consumer goods company in the US District Court for the Central District of California, Los Angeles on alleged violations of the Lanham Act for trademark infringement.
- Obtained dismissal for Brazilian manufacturing company in products liability action filed in the Superior Court of California.
- Obtained dismissal on behalf of international restaurant operator and franchisor in a putative data breach class action filed in the US District Court for the Western District of Washington, Seattle alleging negligence and violations of state consumer protection statutes resulting from a cyber attack aimed at personally identifiable information of online consumers.
- Defended international airline in two nationwide putative class actions consolidated in the US District Court for the Northern District of California, San Francisco alleging risk of identity theft and breach of privacy laws from the disclosure of personal identifying information for more than 2,200,000 consumers.
- Defended Taiwanese electronics manufacturer, US subsidiaries and world champion professional gamer in a putative nationwide class action alleging violations of California state law on deceptive and false advertising, fraudulent inducement, California's Unfair Competition Law and breach of contracts related to the performance of motherboards.
- Top Woman Attorney in California, Super Lawyers, 2017
- Rising Star in Northern California, Super Lawyers, 2016 & 2017
Professional Associations and Memberships
- Fellow, Litigation Counsel of America, The Trial Lawyer Honorary Society
- Association of Business Trial Lawyers, Northern California
- International Centre for Dispute Resolution - Young & International (ICDR Y&I)
- International Association of Privacy Professionals (IAPP)
- Certified Information Privacy Professional/United States (CIPP/US)
- Fellow, American Bar Foundation (ABF)
- Member, Diversity Law Initiative
- Member, Trial Law Initiative
- American Bar Association, Consumer Litigation Committee - Co-chair, Class Actions Subcommittee
- U.S. Court of Appeals, Ninth Circuit~United States (2019)
- U.S. Court of Appeals, Tenth Circuit~United States (2016)
- California~United States (2014)
- U.S. District Court, Central District of California~United States (2014)
- U.S. District Court, Northern District of California~United States (2014)
- U.S. District Court, Southern District of California~United States (2014)
- New York~United States (2013)
- England & Wales~United Kingdom (2013)
- U.S. District Court, Colorado~United States (2013)
- U.S. District Court, Southern District of Texas~United States (2010)
- U.S. District Court, Northern District of Illinois~United States (2010)
- U.S. District Court, Eastern District of Texas~United States (2009)
- U.S. District Court, Northern District of Texas~United States (2009)
- U.S. District Court, Western District of Texas~United States (2009)
- Texas~United States (2007)
- Southern Methodist University (J.D., cum laude) (2007)
- University of Cincinnati (Master's Degree Architecture) (2003)
- University of Cincinnati (B.S. Architecture, magna cum laude) (2001)
- San Francisco
Publications & Presentations
- Co-author, "Will Private Litigants Be Able to Enforce the Compliance Provisions of the CCPA?," IAPP, 24 February 2020
- Co-author, "A Common Thread In California 'Organic' Textile Lawsuits," Law360.com, September 2017
- Co-author, “BNA Insights: U.S. Privacy Redress and Remedies for EU Data Subjects,” Bloomberg BNA, Privacy & Security Law Report, November 2015
- Co-speaker, "Podcast Episode 11: CCPA Deep Dive: Focus on Private Right of Action and Class Action Risk," ConnectOnTech.com / Spotify, 11 February 2020
- Co-presenter, "Recent Class Action Trends in the Consumer Goods and Retail Industry - What You Need to Know and How to Avoid Class Action Disputes," Insights Into Litigation & Government Enforcement Webinar Series, April 2019
Baker & McKenzie LLP is a Limited Liability Partnership organized under the laws of the State of Illinois (USA) and is a member of Baker & McKenzie International, a Verein organized under the laws of Switzerland.