Michael Abraham is a Partner of the firm. He has successfully tried cases and counseled large health care companies, high tech companies, major financial organizations, large corporations, national chains, franchisors, and international law firms. He is the head of the firm’s award-winning eDiscovery practice group which has experience in multi-terabyte events.
Michael’s expansive trial experience includes favorable verdicts for his clients in matters involving privacy claims, data breaches, unfair business practices, antitrust claims, breach of contract, real estate transactions, tort liability, security violations, officer and director liability, franchise law violations, employment claims, environmental claims, and breaches of fiduciary duty. His experience also includes the defense of healthcare entities on privacy and peer review related matters, defense of hundreds of clients in California Proposition 65 cases, as well as the defense of the nation’s largest franchisor in high stakes real estate and tort actions.
Education
- University of California College of the Law, San Francisco (formerly UC Hastings), J.D.
- University of California, Berkeley, M.C.P.
- University of California, Berkeley, B.S.
Professional Affiliations
- American Bar Association
- Association of Business Trial Attorneys
- Defense Research Institute (Prior National Lecturer)
Bar Admissions
- State Bar of California
- United States Supreme Court
- United States Court of Appeals for the Ninth Circuit
- United States District Court for the Northern District of California
- United States District Court for the Eastern District of California
- United States District Court for the Southern District of California
- United States District Court for the Central District of California
Representative Cases
Among Michael’s jury wins is a defense verdict at the conclusion of an 8-week antitrust trial in the United States District Court of the Northern District of California. The resulting judgment was upheld by the Ninth Circuit Court of Appeal.
Michael obtained a judgment in favor of the client via a special motion to strike and motion for summary judgment in a civil rights case claiming improper use of peer review proceedings in the United States District Court for the Northern District of California.
Michael obtained a judgment in favor of the client in a whistleblower and civil rights case claiming the improper uses of peer review proceeding in the Sacramento Superior Court.
Michael obtained an order striking the class allegations in a data breach case at the pleading stage. The trial court in Alameda County Superior Court’s complex litigation department agreed that individualized issues concerning causation and mitigation, as well as the client’s right to present unique defenses to each individual’s claims, made the action inappropriate for class action treatment.
Michael obtained an extraordinary writ from the California Court of Appeal dismissing the plaintiff’s complaint without leave to amend in a data breach case in the healthcare industry in which there was a $4 billion exposure for his client. Sutter Health v. Superior Court (2014) 227 Cal.App.4th 1546, review denied Oct. 16, 2014.
The California Court of Appeal adopted Michael’s analysis set forth in his Amicus Curiae brief resulting in a dismissal of plaintiff’s data breach case against the Regents of California. Regents of University of California v. Superior Court (2013) 220 Cal.App.4th 549.
Publications & Speaking Engagements
California Society for Healthcare Attorneys, 2023 Annual Meeting, Presentation on Defending Healthcare Entities Against Class Actions Premised on the Use of Website Cookies and Pixels
Northern District of California Historical Society, Member of the Board of Directors, and an Organizer of Presentations, including on the Past and Present Native Americans in California
Class Actions, Data Breach, and Privacy Litigation
Update Author, Chapter 12, “Class Actions, Data Breach Litigation, and Privacy Concerns Before and During Trial” (CEB California Privacy 2020-2023)
Alternative Dispute Resolution
Update Author, Chapter 6, “Alternative Dispute Resolution,” California Real Estate Brokers: Law and Litigation (CEB 2015-2018, 2020-2023)