Michael McDonald

Michael R. McDonald is recognized for his work in connection with consumer protection and advertising laws, and he uses his experience to achieve cost-effective, efficient results for his clients through the early and strategic use of motions to dispose of cases or by positioning them for favorable settlements.

Mr. McDonald leads the firm’s Consumer Class Action Defense Team, which the New Jersey Law Journal named the “Class Action Litigation Department of the Year” for 2017. He represents businesses in a broad range of unfair business practice/consumer class actions and complex commercial disputes.

Mr. McDonald has extensive experience in complex litigation including consumer fraud and consumer product related class action lawsuits, asserting claims under the New Jersey Consumer Fraud Act, California consumer protection statutes, New York General Business Law, Magnuson-Moss Warranty Act, Uniform Commercial Code, False Claims Act, California Secret Warranty law, California Song-Beverly Consumer Warranty Act, New Jersey Product Liability Act, New Jersey Truth in Consumer Contract Warranty & Notice Act, the Telephone Consumer Protection Act, the Fair and Accurate Credit Transactions Act, and New Jersey Gift Card Act, as well as toxic tort matters.

EDUCATION:

• Seton Hall University School of Law (J.D., cum laude)
• Georgetown University (B.A.)

PROFESSIONAL ADMISSIONS:

• State of New Jersey
• Commonwealth of Pennsylvania
• United States District Court for the District of New Jersey
• United States Court of Appeals for the Third Circuit
• Supreme Court of the United States

PROFESSIONAL ACTIVITIES:

• New Jersey State Bar Association
• American Bar Association
  • Litigation Section
  • Tort and Insurance Practice Section
• Pennsylvania Bar Association
• Richard J. Hughes American Inn of Court
  • Graduate

JUDICIAL CLERKSHIP(S):

• Law Clerk to the Honorable Herman D. Michels, Presiding Judge for Administration of the Superior Court of New Jersey, Appellate Division, 1987-1988.

Recent Representative Matters:

• Defense of distributor of ink jet printers in purported nationwide New Jersey Consumer Fraud Act (NJCFA) class action and decision from Third Circuit impeding future nationwide class actions under NJCFA.
• Defense of wholesale drug distributor in nationwide class action arising out of distribution of counterfeit pharmaceutical drug.
• Defense of distributor of cosmetics in nationwide consumer fraud class action involving allegations of lead in lipstick.
• Defense of nationwide class actions involving claims that transmission of unsolicited facsimile advertisements violated the TCPA.
• Defense of internet seller of gift certificates in class action involving Truth in Consumer Contract Warranty and Notice Act (TCCWNA), NJCFA, and Gift Card Act (GCA).
• Defense of manufacturer of printing press control system in commercial dispute seeking remedies under the Uniform Commercial Code.