Michelle Ku is a business litigator who has successfully represented businesses and individuals in complex commercial lawsuits involving various industries and in matters involving local, state, and federal governments. Her practice focuses on business cases involving antitrust, government investigation response, class actions, tax controversy, intellectual property, energy, regulatory, and commercial issues. She is a partner in the firm’s Business Litigation & Dispute Resolution Practice as well as the Tax, Intellectual Property, and Energy Litigation Practices, and Manufacturing and Energy Sectors.
Michelle’s recent trial experience includes litigating an issue of first impression involving claimed deductions under I.R.C. § 199 and captive insurance matters under I.R.C. §§ 501 and 831, defending against patent infringement, trade secret, non-compete, and Computer Fraud and Abuse Act claims, and prosecuting fraud, breach of fiduciary duty, and contract claims. Michelle also has appellate experience in state and federal courts.
Michelle relies on her creative legal reasoning and strategies to win significant verdicts and other favorable outcomes for clients, including a recent multimillion-dollar jury verdict in a business fraud, theft, and breach of contract case, complete dismissal on summary judgment of plaintiffs’ claims in a bet-the-business class action, and denial of class certification in a putative class action arising from the sale of allegedly defective consumer products where damages sought exceeded US$1 billion.
Whether the circumstances require tactful extrajudicial negotiations to resolve burgeoning disputes or bet-the-business advocacy before a judge, jury, arbitral panel, or government agency, Michelle is a fierce advocate at every stage. In addition, Michelle counsels dispute avoidance and implementing strategies geared toward resolving business challenges early and minimizing risk and liability in operations going forward.
Michelle was honored in 2022 with the Top Women Lawyers award from the Texas Diversity Counsel. In addition, Michelle was honored in 2018 with the Dallas Top 50 Women Lawyers award from the Texas Diversity Council and was recognized by D Magazine as one of its Best Lawyers Under 40 in Dallas. 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.
*Matters handled prior to joining Foley.
