Michael Resch is a partner in the Litigation & Dispute Resolution practice of Mayer Brown. His practice focuses on false advertising (including consumer class actions and competitor claims), employment class actions, complex civil litigation, trade secret misrepresentation, accountant liability, and white collar criminal defense, with an emphasis on cases involving accounting and financial issues. Mike has handled more than 20 consumer class actions alleging false advertising, and has responded to pre-litigation demand letters that did not result in litigation. In these disputes, Mike has successfully argued on such issues as plausibility, preemption (under the Food, Drug and Cosmetic Act, the Federal Meat Inspection Act and the Poultry Products Inspection Act), primary jurisdiction, Article III standing, standing to sue over products not purchased, Class Action Fairness Act jurisdiction, and particularity.He has advised clients on how to handle and respond to consumer product recalls initiated by the USDA and the FDA, and he has experience working with companies and field experts in consumer research, marketing, privacy and social media strategy. Mike also has experience working with USDA and FDA, as well as state and local agencies, and recently led an effort to prepare a comment to FDA regarding evaporated cane juice. He has also handled numerous donning and doffing wage and hour class actions on behalf of food manufacturers.Mike has represented accounting firms in connection with a wide variety of claims brought by clients and client successors, as well as federal and state court securities actions by stockholders and investors against auditors. Additionally, he has handled other contested matters involving the responses by accountants and auditors to discovery requests, including requested testimony, sought by third-parties in business and licensing disputes.
Mike has experience in a wide range of litigation matters, including jury trials, appellate arguments, negotiations with governmental agencies, internal investigations, taking and defending expert depositions, and drafting and opposing appellate briefs, writ petitions and summary judgment motions. He has been part of numerous trial teams involving various criminal and civil claims such as mail fraud, wire fraud, conspiracy, patent infringement, false advertising, trade secret misappropriation and contract disputes. He has handled all aspects of jury trials, including closing arguments, direct and cross-examinations, jury instructions and pre-trial and post-trial motion practice. He has also worked extensively on briefing on matters before the Federal Circuit Court of Appeals, the Ninth Circuit Court of Appeals, the California Court of Appeal and the California Supreme Court.