Michael A. McIntosh

Mr. McIntosh has litigated cases at all stages, from their inception through the conclusion of appellate proceedings, and is a seasoned courtroom advocate who has argued in federal appellate courts, federal district courts and state trial courts.

Mr. McIntosh has represented clients in cases presenting a diverse array of issues, including claims under the Antiterrorism Act of 1990 (ATA), the Racketeer Influenced and Corrupt Organizations Act (RICO), the Lanham Act, consumer protection statutes, state defamation law and state common law. His practice includes novel and high-stakes domestic litigation for U.S. and international businesses, encompassing issues of first impression arising out of landmark judicial decisions and significant statutory enactments.

In these and other cases, Mr. McIntosh has navigated shifting legal landscapes and complex factual records to identify creative solutions and implement successful strategies. He also brings substantial experience in civil and criminal investigations at the state and federal levels, including helping clients navigate the challenges posed by parallel government investigations and civil litigation proceedings.

Mr. McIntosh has extensive experience representing non-U.S. litigants in U.S. civil proceedings, including by developing defenses tailored to companies headquartered outside the United States, ensuring compliance with applicable data protection regimes and adhering to necessary procedures for the service of judicial documents and the production of information.

Mr. McIntosh’s recent representations include the following:

• a global industrial company in successfully securing the dismissal of a number of claims under the Antiterrorism Act of 1990 (ATA) in a series of federal lawsuits
• a non-U.S. corporation and its subsidiaries in a novel federal lawsuit that sought to enjoin internal enforcement proceedings initiated by an international organization
• a multinational financial institution as the plaintiff in a suit in state court asserting claims under a state RICO statute, which spawned successful litigation to enforce subpoenas in a number of state courts around the country and ultimately led to the receipt of evidence detailing wrongdoing by a coordinated group of actors
• a Middle Eastern logistics company and multiple subsidiaries in the successful defense of a defamation action brought by a competitor in state court, which culminated in the trial court’s entry of summary judgment in favor of the company and an appellate decision affirming that judgment
• a Middle Eastern gaming company in lawsuits in federal court asserting claims under the Lanham Act and state consumer protection laws
• the former CEO of a medical device manufacturer in the successful defense at trial of criminal insider trading charges brought by the U.S. Attorney’s Office for the Central District of California

In addition, Mr. McIntosh dedicates a substantial amount of time to pro bono work. He represented the petitioner in proceedings before the U.S. Supreme Court in Moore v. Texas, which led to two rulings vacating his client’s death sentence on Eighth Amendment grounds. Mr. McIntosh also has briefed and argued multiple pro bono appeals, including one in which he obtained habeas relief on behalf of a client whose confession was unconstitutionally admitted in state trial court.