Michael W. McTigue Jr.

Co-Chair, Class Actions

Philadelphia

(215) 665-2093

(215) 665-2013

Recent News:

Class Action Litigators Michael W. McTigue Jr. and Meredith C. Slawe Bring Team to Cozen O'Connor to Spearhead National Class Actions Practice; Recognized White Collar Defense Attorney and Trial Lawyer Mira Baylson Joins

Continuing the firm’s strategic expansion of complex litigation and investigations practices and the premier Technology, Privacy and Data Security Team

A premier class actions strategist, Mike represents leading companies in the defense of class actions and complex civil litigation in jurisdictions across the country, at both the trial and appellate levels. He also assists clients with class action and litigation due diligence in connection with corporate transactions. Mike also represents global businesses in international arbitration proceedings in the United States and abroad. Mike has been recognized by BTI Consulting, which noted that in-house corporate counsel praised him for “unsurpassed excellence in client service.” 

For more than 25 years, Mike has defended high stakes litigation for Fortune 500 companies and other businesses. He has substantial experience representing clients in the financial services, retail, telecommunications, technology, pharmaceutical and life sciences, education, hospitality, and insurance industries. He has a proven record of success persuading plaintiffs to voluntarily dismiss claims, obtaining early dismissals on the pleadings, defending cases on the merits, defeating class certification, negotiating favorable individual settlements, and curtailing the efforts of professional litigants. Mike routinely defends claims brought pursuant to California’s robust consumer protection laws, including the Unfair Competition Law (UCL), Consumers Legal Remedies Act (CLRA), Invasion of Privacy Act (CIPA), and Song-Beverly Credit Card Act.

Mike has considerable success shutting down Telephone Consumer Protection Act (TCPA) putative class actions that challenge marketing and informational telephone calls and text messages, as well as fax advertisements. He is well-versed in the nuances of the statute as to the sufficiency and scope of consent, reassigned and wrong number issues, revocation of consent, and the health care and emergency purpose exemptions. Mike has been a leading advocate in the push for TCPA reform through his representation of a large industry association in multiple proceedings before the Federal Communications Commission (FCC). In one such proceeding, the FCC ruled in favor of the creation of a reassigned number database with an accompanying safe harbor for liability. His advocacy efforts also resulted in a favorable appellate court ruling that effectively shut down mass class action filings against retailers and consumer-facing companies under the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA). 

Mike defends businesses against claims alleging violations of the Fair Credit Reporting Act (FCRA), Computer Fraud and Abuse Act (CFAA), Video Privacy Protection Act (VPPA), Cable Communications Policy Act (Cable Act), Biometric Information Privacy Act (BIPA), and the Wiretap Act. Several of these cases challenge practices involving the capture, retention, use, and disclosure of consumer data. He has deep knowledge of the patchwork of state and federal privacy laws and the evolving legal and regulatory landscape. Clients rely on him to navigate threatened and filed claims, which may initially surface as the basis for enforcement actions or in private litigation, to ensure their interests are thoroughly protected. A key part of Mike’s practice is focused on advising clients on practical ways to mitigate litigation and enforcement risk. For example, he counsels clients on compliance with the California Consumer Privacy Act (CCPA), Children’s Online Privacy Protection Act (COPPA), BIPA, and emerging privacy statutes. He assists companies in developing and refining their call campaigns and text messaging programs to ensure compliance with the TCPA, and managing third party vendor relationships. 

Mike drafts, revises, and interposes state of the art consumer agreements, including terms and conditions, arbitration agreements and class action waivers, and privacy policies. He has enforced arbitration agreements in courts across the country, including in the Ninth Circuit, and successfully argued the leading Third Circuit case on the enforceability of arbitration agreements in the consumer context. Since 2016, Mike has authored the Pennsylvania Chapter of the International Comparative Legal Guide to Litigation and Dispute Resolution. He has also been a guest lecturer at Villanova University School of Law and the University of Pennsylvania Carey Law School. 

For two decades, Mike has represented an international chemical manufacturer and distributor as national coordinating counsel for its mass tort litigation.

In addition to his active litigation practice, Mike has also held significant firm leadership roles. Mike served as chair of the litigation group and as part of the senior management team at another AmLaw 100 firm. He holds a certificate from Harvard Law School in Leadership in Law Firms. Mike is a member of Cozen O’Connor’s board of directors.

Mike earned his undergraduate degree, cum laude, from the University of Pennsylvania, and his law degree, cum laude, from Boston University School of Law, where served as an articles editor for the Boston University Law Review. Following graduation from law school, Mike served as a law clerk for the Honorable Donald W. VanArtsdalen, U.S. District Court for the Eastern District of Pennsylvania.

News

Cozen O'Connor lawyers hoped 'gotcha' COVID-19 lawsuits wouldn't happen, say they've been disappointed

July 23, 2020

Michael McTigue and Meredith Slawe, co-chairs of Cozen O’Connor’s class actions practice group, were featured in the Pennsylvania Record discussing the evolving class actions landscape during the COVID-19 pandemic and the uptick in meritless claims.

Justices Set To Rattle TCPA Landscape With Autodialer Case

July 09, 2020

Michael McTigue and Meredith Slawe were quoted in a Law360 article discussing the decision by the U.S. Supreme Court to grant cert in a case addressing the definition of an autodialer under the Telephone Consumer Protection Act.

Cozen O'Connor snaps up high-profile litigation team

May 28, 2020

Cozen O'Connor was highlighted for their recent additions of two of the country's leading class action litigators.

Class Action Litigators Bring Team to Cozen O'Connor: Michael W. McTigue Jr. and Meredith C. Slawe Spearhead National Class Actions Practice; Recognized White Collar Defense Attorney and Trial Lawyer Mira Baylson Joins

May 27, 2020

Continuing the firm’s strategic expansion of complex litigation and investigations practices and the premier Technology, Privacy and Data Security Team

'Copy-and-paste' lawsuit demanding Braille gift cards rejected; Lawyer had Banana Republic as a restaurant

May 01, 2020

Meredith Slawe and Michael McTigue were quoted in Legal Newsline discussing a ruling in a lawsuit involving Banana Republic and how this will likely will be applied toward hundreds of similar cases in New York courts.

To Stop Robocalls, Parties Need to Understand Who Is a Robocaller

June 09, 2019

Michael McTigue was quoted in the Wall Street Journal which discussed America’s telecommunications regulator passing rules last week that will let phone companies automatically block more robocalls.

FCC Ditches Junk Fax Opt-Out Rule As Bigger Issues Loom

November 09, 2018

Meredith Slawe and Michael McTigue were quoted in Law360 discussing The Federal Communications Commission formally eliminating an opt-out notice requirement for solicited faxes.

Publications

7th Circ. Ruling Should Deter Class Objector Side Deals

August 19, 2020

Michael McTigue, Meredith Slawe, Daniel Brewer and Max Kaplan co-authored an article in Law360 about a significant Seventh Circuit decision addressing the propriety of certain side deals with class action settlement objectors.

What High Court Ruling Means For TCPA's Future

July 07, 2020

Michael McTigue, Meredith Slawe, and Daniel Brewer published an article in Law360 analyzing the U.S. Supreme Court's ruling in Barr v. American Association of Political Consultants Inc.

International Comparative Legal Guide: USA: Consumer Protection 2020

May 07, 2020

Michael McTigue, Meredith Slawe and Marie Bussey-Garza wrote a chapter in the International Comparative Legal Guide.

“Banana Republic Does Not Sell Bananas”: Court Dismisses ADA Gift Card Claims

April 28, 2020

Daniel Brewer, Marie Bussey-Garza, Michael McTigue and Meredith Slawe wrote an article addressing how retailers and restaurant chains are defending against mass litigation in the New York federal courts that challenges gift cards under the ADA and state and local laws.

Second Circuit Decision Widens Circuit Split in TCPA Landscape

April 01, 2020

Meredith Slawe, Michael McTigue, Daniel Brewer and Marie Bussey-Garza contributed to an article posted on Lexology that highlights an important Second Circuit ruling aligned with the Ninth Circuit on the definition of an ATDS under the TCPA.

USA - Pennsylvania: Litigation & Dispute Resolution 2020

April 01, 2020

Michael McTigue and Marie Bussey-Garza wrote a chapter in The International Comparative Legal Guide to Litigation & Dispute Resolution 2020.

New York’s State of Emergency Restricts Telemarketing Calls Through September 2020

March 01, 2020

Michael McTigue, Meredith Slawe and Daniel Brewer contributed to an article posted on Lexology that addresses heightened restrictions on telemarketing activities in New York during the pandemic.

Eleventh Circuit Decision ‘Marks’ a Further Shift in the TCPA Landscape

January 01, 2020

Michael McTigue and Meredith Slawe contributed to an article posted on Lexology addressing a key appellate court ruling in the TCPA space.

ADA Braille Gift Card Claims Shouldn't Gain Traction In NY

November 14, 2019

Meredith Slawe and Michael McTigue contributed an article on Law360 addressing how a handful of plaintiffs and their counsel, Gottlieb & Associates, filed more than 130 putative class actions in the Eastern and Southern Districts of New York.

What Will Calif. Privacy Law’s 'Do Not Sell' Button Look Like?

November 05, 2019

Meredith Slawe and Michael McTigue published an article on Law360.

INSIGHT: One Text Message Not Enough for TCPA Lawsuit

October 03, 2019

Michael McTigue and Meredith Slawe contributed an article to Bloomberg Law examining the Eleventh Circuit ruling of how not every unsolicited text message provides an offended party the ability to sue under the TCPA.

A European Union approach to class-action litigation

August 09, 2019

Michael McTigue published an article, "A European Union approach to class-action litigation."

Highlights From FCC's Reassigned Number Database Order

January 09, 2019

Meredith Slawe and Michael McTigue published an article in Law360 regarding the Federal Communications Commission unanimously approving of the establishment of a comprehensive database of mobile numbers that would allow callers to ascertain whether a number was subject to reassignment to another user before calling that number.

The International Comparative Legal Guide to: Litigation & Dispute Resolution 2019

January 01, 2019

Michael McTigue and Marie Bussey-Garza wrote a chapter in The International Comparative Legal Guide to Litigation & Dispute Resolution 2019.

2 Courts Accept Contract Terms That Limit TCPA Exposure

September 12, 2018

Meredith Slawe and Michael McTigue published an article in Law360 addressing the Telephone Consumer Protection Act.

Biometrics Litigation: An Evolving Landscape

April 02, 2018

Michael McTigue and Meredith Slawe published an article, "Biometrics Litigation: An Evolving Landscape."

The International Comparative Legal Guide to: Litigation & Dispute Resolution 2018

February 01, 2018

Michael McTigue wrote a chapter in The International Comparative Legal Guide to: Litigation & Dispute Resolution 2018.

Litigation Risks for Retailers: The New Wave of Class Actions in California

August 01, 2017

Michael McTigue published an article, "Litigation Risks for Retailers: The New Wave of Class Actions in California."

The Rise Of The Professional TCPA Plaintiff

July 07, 2016

Meredith Slawe and Michael McTigue published an article in Law360.

Education

  • Boston University School of Law, J.D., cum laude, 1993
  • University of Pennsylvania, B.A., cum laude, 1990

Awards & Honors

Pennsylvania Trailblazers, The Legal Intelligencer

Pennsylvania Litigation Star, Benchmark Litigation

Client Service All-Star Team, BTI Consulting

  • Pennsylvania
  • New Jersey
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court -- New Jersey
  • U.S. District Court -- Middle District of Pennsylvania
  • U.S. District Court -- Eastern District of Pennsylvania
  • U.S. District Court -- Western District of Pennsylvania
  • Supreme Court of New Jersey
  • Supreme Court of Pennsylvania