Michael B. Gallub concentrates in the areas of complex litigation and class actions. He represents domestic and foreign clients in all phases of class action, multi-district and individual litigation in the areas of consumer, commercial, mass tort, product liability, environmental and employment law. Mr. Gallub is known for his vigorous, creative and successful representation of a diverse clientele in high-stakes, “bet the company” litigation throughout the United States. He handles clients’ most challenging and critical legal matters, tailoring his efforts to meet each client’s goals and objectives. Mr. Gallub also regularly represents clients in matters involving federal and state governmental agencies and provides counsel regarding sensitive legal and business issues, risk management and litigation avoidance. He is a frequent lecturer to in-house corporate counsel, outside counsel and claims professionals nationwide.
Class Actions and Multi-District Litigation
Mr. Gallub serves as national and local lead counsel to major companies in class actions and multi-district litigation throughout the United States. He successfully defends clients against nationwide and statewide class actions involving claims such as consumer and commercial fraud, deceptive and unfair business practices, unfair competition, RICO, false or misleading advertising, Lanham Act, misrepresentations and omissions, product defect, breaches of contract and warranties, violations of federal statutes, and violations of consumer protection statutes of every state in the United States. He also represents clients’ global interests in connection with world-wide class action litigation, including class actions in Canada, Australia and Israel. With clients ranging from Fortune 500 companies to mid-size and small businesses, Mr. Gallub has defended a wide array of federal and state class actions and individual cases seeking substantial compensatory and punitive damages, statutory penalties and injunctive and declaratory relief. He is United States lead counsel for the Volkswagen and Audi companies in product-related class actions and multi-district litigation. He has represented the companies in the multi-district litigation, In re Volkswagen “Clean Diesel” Marketing, Sales Practices and Products Liability Litigation (N.D. Cal.), and in related state court litigation involving diesel emissions issues. He is lead counsel for several major automotive companies in In re Takata Airbag Products Liability Litigation (S.D. Fla.), a multi-district litigation consolidating class actions throughout the country involving Takata airbag inflators and the largest recall in automotive history. Mr. Gallub has also represented major companies in related individual and “opt-out” litigation throughout the country, and litigation involving federal, state and local agencies. He has successfully defended clients in multi-front litigation involving challenging issues on a nationwide scale.
In addition to litigation, Mr. Gallub works extensively with clients and their various departments in formulating and implementing company programs, product recalls, service actions, warranties, customer communications, dealer communications and relations, product warnings and instructions, and technical bulletins. His advice is regularly sought by major companies regarding crisis management, effective ways of resolving challenging nationwide issues, and effective processes for defending and resolving legal disputes. He assists clients in developing and implementing practices to enhance customer relations and avoid litigation.
Products Liability and Product-Related Matters
As United States and New York product litigation counsel, Mr. Gallub has successfully represented major foreign and domestic manufacturers and distributors of cars, trucks, automotive components, industrial machinery, heavy equipment, power tools, and consumer and household products in product liability litigation. His extensive automotive experience includes the defense of claims involving vehicle stability/rollover, airbags and restraints, roof crush, seats and headrests, frontal, side and interior crashworthiness, body materials and structure, steering and handling, braking systems, engines, transmissions, fuel systems, electrical systems and control units, computer software, mileage recording systems, and other vehicle componentry. Mr. Gallub’s representation includes issues involving emerging technologies in the automotive industry such as autonomous vehicles. His case results and published writings have helped establish favorable precedents throughout the United States. Mr. Gallub is particularly adept at helping foreign entities understand and successfully defend litigation in the United States.
In addition to product litigation, Mr. Gallub counsels major manufacturers and distributors regarding regulatory issues, interfacing with regulatory agencies, product analysis, advertising and marketing, product warnings, instructions and labeling, product warranties and owner’s manuals. He provides counsel regarding the formulation and implementation of product recalls, service actions and effective methods for addressing issues in the field. He drafts and consults on contracts in the areas of product distribution, dealer franchising, supplier sales/purchases, development of new technologies, joint ventures and other commercial transactions.
Mr. Gallub represents clients in federal and state environmental litigation and in matters involving the U.S. Environmental Protection Agency and the New York State Department of Environmental Conservation. He has successfully defended clients against environmental claims by private parties and governmental agencies, as well as in multi-district litigation such as In re: Methyl Tertiary Butyl Ether (MTBE) Products Liability litigation which consolidated, in the Southern District of New York, hundreds of environmental cases brought throughout the United States concerning the gasoline additive MTBE. He also represents clients in CERCLA/Superfund matters such as the Gowanus Canal Superfund Site, one of the largest Superfund sites in the United States. In addition, Mr. Gallub drafts and consults on environmental-related contracts and provisions. He regularly counsels clients on regulatory matters, environmental liabilities, incident prevention and response, environmental remediation, indemnification issues and risk management.
General Commercial and Business
Mr. Gallub has represented large companies, small businesses and individual entrepreneurs in a wide array of commercial matters. He has litigated matters involving claims of breach of contract, fraud and misrepresentation, breach of fiduciary duty, interference with business relationships, unfair or deceptive business practices, unfair competition, violations of consumer protection statutes, and disputes among business owners or partners. Mr. Gallub also represents clients in matters involving director and officer liability, misappropriation of trade secrets, breaches of fiduciary duties, breaches of non-compete and confidentiality agreements, and joint venture liability.
Mr. Gallub prosecutes and defends claims, and provides advice, on matters involving workplace harassment, wrongful termination and discrimination based on race, age, gender, sexual orientation, religion and ethnic origin. His employment practice also includes claims involving breaches of employment contracts, violations of employment obligations/duties, and violations of federal and state laws including Title VII, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and the New York State and City Human Rights laws. In addition to federal and state litigation, Mr. Gallub drafts and reviews employment agreements and company policies counsels companies on employment relations, practices and liabilities, and represents clients in matters before the United States EEOC and the New York State Division of Human Rights.
Tort and Insurance
Mr. Gallub represents clients in all phases of tort and insurance litigation. He has successfully defended and prosecuted a wide array of claims involving premises, construction, motor vehicle, professional liability, medical malpractice, bad faith and insurance coverage. He is regularly called upon to handle matters involving catastrophic injuries, significant damage exposure, and issues that are particularly difficult or sensitive in nature.
Mr. Gallub is a published author in the areas of litigation, class actions, products liability and tort law. His Law Review articles have been cited by trial and appellate courts throughout the country. He has also lectured at seminars and law schools in the areas of class action law, products liability and tort law, and litigation.
Mr. Gallub has been given the highest peer review rating by the Martindale-Hubbell directory of attorneys and has repeatedly been selected as a New York “Super Lawyer” by his peers.
- Author of Articles/Blog on Class Action Issues, ALM/Law.com, 2014
- Effective Handling of Evidentiary Issues in New York Products Liability and Negligence Actions – A Primer for Defense Counsel, 12 Defense Counsel Journal 9, Fall 2010
- Jurisdiction, Venue and Related Principles, Chapter 16, Frumer and Friedman on Products Liability, Matthew Bender & Co., 1994
- Rule 12 Motions (Co-Author) Chapter 3, Federal Litigation Guide, Matthew Bender & Co., 1988
- Limiting the Manufacturer’s Duty for Subsequent Product Alteration: Three Steps to a Rational Approach, 16 Hofstra Law Review 361, 1988
- Adjudicating the Duty Concept: A Step Toward Affirmative Standard Setting, Products Liability Law and Strategy, October 1987
- Defining the Distributor under Strict Products Liability, Products Liability Law and Strategy, June 1987
- Assessing Culpability in the Law of Torts: A Call for Judicial Scrutiny in Comparing “Culpable Conduct” under New York’s CPLR 1411, 37 Syracuse Law Review 1079, 1987
- A Compromise Between Mitigation and Comparative Fault? A Critical Assessment of the Seat Belt Controversy and a Proposal for Reform, 14 Hofstra Law Review 319, 1986
Affiliations + Recognition
- Highest rating from Martindale-Hubbell (AV Rating)
- Repeatedly voted by peers as New York “Super Lawyer”
- Member, American Bar Association
- Member, New York State Bar Association, Committee on Civil Practice Law and Rules
- Member, New York County Lawyers Association
- Member, LGBT Bar Association of Greater New York, Judicial Screening Committee
- Member, Defense Research Institute, Steering Committee on Trial Tactics
- Lecturer, Class Actions and Multi-District Litigation, American Conference Institute’s Annual Summit on Defending and Managing Automotive Product Liability Litigation, Chicago, Ill, June 2018
- Lecturer, Class Actions and Multi-District Litigation, American Conference Institute’s 2d Cross-Industry Interdisciplinary Summit on Defending and Managing Class Actions, New York, NY, April 2017
- Lecturer, Class Actions, American Conference Institute’s 1st Cross-Industry Interdisciplinary Summit on Defending and Managing Class Actions, New York, NY, April 2016
- Lecturer, Class Actions and Multi-District Litigation, American Conference Institute’s Annual Summit on Defending and Managing Automotive Product Liability Litigation, Chicago, Ill, June 2016
- Lecturer, Class Actions, American Conference Institute’s Annual Summit on Defending and Managing Automotive Product Liability Litigation, Chicago, Ill, June 2015
- Lecturer, Class Actions, American Conference Institute’s Annual Summit on Defending and Managing Automotive Product Liability Litigation, Chicago, Ill, June 2014
- Lecturer, Complex Litigation: Multi-Plaintiff and Multi-District Litigation, Defense Research Institute Seminar on Trial Tactics, Las Vegas, NV, March 2015
- Lecturer, Distracted Driving, Company Policies and Defenses, American Conference Institute’s Annual Summit on Trucking Litigation, Chicago, Ill, March 2015
- Lecturer, Defending Perfect Storm Litigation, International Association of Claim Professionals (IACP), New York, NY, June 2015
- Moderator, Critical Analysis of Direct and Cross-Examination of Plaintiffs’ Medical Expert, Defense Research Institute Seminar on Trial Tactics, Miami, Florida, March 2014
- Lecturer, Class Actions, American Conference Institute’s Annual Summit on Defending and Managing Automotive Product Liability Litigation, Chicago, Ill, June 2012
- Lecturer, Advanced Evidentiary Issues in Products Liability, Defense Association of New York (DANY), New York, NY
- Guest Lecturer on Torts and Products Liability, St. John’s Law School
- Guest Lecturer on Torts and Products Liability, Brooklyn Law School
- Guest Lecturer on Torts and Products Liability, Hofstra Law School
- Judge, Moot Court and Legal Advocacy, New York Law School
- Lecturer, Continuing Legal Education (CLE) Programs on Pleadings and Motions to Dismiss under Federal and State Practice, New York, NY