Michelle Y. Ku

Partner

Clients turn to Michelle Ku because she is an experienced litigator with the raw intellectual horsepower to master their most complicated business disputes. Whether the circumstances require tactful negotiations or bet-the-business advocacy, Michelle is a legal powerhouse at every stage. On behalf of individuals and public and private companies in various industries, Michelle has litigated claims in a wide range of practice areas involving shareholder disputes, fiduciary duties, tax controversy, intellectual property, class actions, regulatory actions, consumer products, healthcare, construction, employment, franchise, oil and gas, antitrust, government investigation response, and complex commercial disputes.

Michelle relies on her creative legal reasoning and strategies to win significant verdicts and other favorable outcomes for clients, including recently, a landmark bench trial victory on behalf of a direct-selling company against the Federal Trade Commission (FTC) on pyramid scheme and deceptive income and product claims under the FTC Act; a multimillion-dollar jury verdict in a business fraud, theft, and breach of contract case; non-assessment determinations from Internal Revenue Service (IRS) Appeals in trust fund recovery penalty matters for former business executives; complete dismissal on summary judgment for a major airline of plaintiffs’ claims in a bet-the-business consumer class action involving breach of warranties; and denial of class certification in a case arising from the sale of allegedly defective consumer products where damages sought exceeded US$1 billion. Michelle’s recent trial and appellate experience also includes litigating claims involving the Computer Fraud and Abuse Act, patent infringement, trade secret misappropriation, non-competes, insurance, reinsurance, captive insurance, and corporate disputes.

In addition to handling clients’ toughest litigation matters, Michelle excels as her clients’ trusted advisor providing strategic advice for navigating sensitive business challenges. Regardless of whether she is handling the matter herself or is the Foley relationship partner for clients, Michelle makes sure her clients receive top-notch legal work and excellent client service. Clients also value Michelle’s focus on their business objectives and ability to counsel alternative approaches to accomplishing them, including implementing strategies geared toward resolving business challenges early and minimizing risk and liability in operations going forward.

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.

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
12 June 2024 Honors and Awards

Foley Receives Partnership Award from Direct Selling Association

Foley & Lardner LLP received the Direct Selling Association’s (DSA) Partnership Award in recognition of the firm’s services to the DSA and its significant victory on behalf of a DSA member.
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.”