Michael J. Stortz

Partner San Francisco
michael.stortz dbr.com
Phone: (415) 591-7583
Fax: (415) 591-7510

About

Michael J. Stortz defends companies against claims of unfair competition, false advertising, consumer fraud, breach of warranty and product defect, as well as claims arising under the Telephone Consumer Protections Act (TCPA) and related federal and state statutes. He also counsels companies as to compliance with these statutes.

Michael’s practice includes the successful defense of national consumer class actions. He has a track record of defeating such actions at class certification or at summary judgment. Michael also has tried consumer claims to successful conclusion in federal and state courts, and prevailed at arbitration of such claims. Michael has successfully argued appeals involving class certification of claims under California’s Unfair Competition Law (Business & Professions Code § 17200) and Consumer Legal Remedies Act (Civil Code § 1750, et seq.).

Michael also represents clients in the technology, pharmaceutical and consumer product industries in a wide range of commercial disputes, including antitrust and intellectual property matters.

Experience

Michael's representative matters include:
• Successfully defended national telecommunications providers in copycat class actions challenging contractual disclosures and billing practices for airtime minutes.
• Obtained summary judgment in favor of international computer manufacturer in consumer class action for breach of warranty and unfair competition.
• Successful defense of national insurance company in claims arising out of Ponzi scheme brought by multiple plaintiffs in state and federal court.
• Prevailed at trial on false advertising and unfair competition claims against medical device manufacturer.
• Obtained summary judgment for national telecommunications provider on consumer claims challenging regulatory program fees.
• Prevailed at trial under Section 4 of the Federal Arbitration Act so as to require arbitration of claims asserted against national telecommunications provider.

Mike was quoted in a Law360 article titled, “8th Circ. Boosts TCPA Class Cert. Bids In Medtox Ruling.” He commented on the Eighth Circuit’s recent ruling reversing a district court’s rejection of a bid to certify a class of more than 3,200 potential plaintiffs who had allegedly received an unwanted single-page fax from the defendant.

Credentials

Bar Admissions

  • California

Education

  • Harvard Law School, J.D., 1988, cum laude
  • Dartmouth College, B.A., 1985, summa cum laude

Court Admissions

  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Central District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Northern District of California

Organizations

  •  Defense Research Institute
  •  Bar Association of San Francisco