Michelle Gillette


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Experience & Credentials

Practice Areas

  • Consumer Product Safety
  • Complex Tort & Product-Related Litigation
  • Product Risk Management & Response
  • Privacy & Security
  • Employee Mobility
  • Noncompetes & Trade Secrets
  • E-Discovery & Records Management
Contact InfoTelephone: 415.432.6106
Fax: 415-432-6001
Internet: Each Attorney's Internet Address takes the following form: first initial, last name @mintz.com (e.g., rmintz@mintz.com)

University University of Texas - Austin, B.S.
Law SchoolUniversity of Southern California, J.D.
Admitted1995, California; Pro hac vice approval for the United States District Court for the Eastern District of Texas; Pro hac vice approval for the United States District Court for the Northern District of Texas; Pro hac vice approval for the United States District Court for the Southern District of New York; United States Court of Appeals for the Federal Circuit; United States Court of Appeals for the Ninth Circuit; United States District Court for the Central District of California; United States District Court for the Eastern District of California; United States District Court for the Northern District of California; United States District Court for the Southern District of California

Michelle's trial practice is focused on complex commercial litigation, intellectual property, and product liability. Experienced in both Federal and California state courts, Michelle has defended companies in cases regarding product liability (medical devices and pharmaceuticals), unfair business practices, false or misleading advertising, trade secrets, torts, breach of contract, and patent infringement.

Michelle has successfully defended clients in class actions alleging false or misleading labeling or advertising of foods, cosmetics, over-the-counter drugs, dietary supplements, and homeopathic products. These lawsuits have focused on claims involving probiotics, “natural” ingredients, “clinically-proven” results, lack of efficacy, lack of substantiation, and failure to disclose. Michelle is highly experienced with statutes such as California's Unfair Competition Law, California's Business & Professions Code, Consumer Legal Remedies Act, Proposition 65, and the Magnuson-Moss Act. Additionally, Michelle has represented clients in matters regarding grocery industry pricing laws and slack-fill claims.

Specific to patent litigation, Michelle has represented emerging and established companies in various US federal courts and has handled disputes involving a broad range of technologies, including data storage, access, and synchronization; music recognition and downloads; encryption and copy protection; and software, hardware, and computer peripherals.

•Quoted in Top 5 Takeaways from Operation: Full Disclosure, Inside Counsel (10.29.2014)
•Quoted in Telling a Good Story is Key to Communicating Scientific Data in Court, Experts Say, Nutra Ingredients (05.28.2013)
•Mintz Levin's Michelle Gillette to Moderate Panel at ABA Food and Supplements Annual Workshop, (04.29.2013)
•Featured in Mintz Hires Product Liability Pair in San Francisco, Law360 (04.05.2013)
•Mintz Levin Continues Strategic Growth in San Francisco with Addition of Members Daniel J. Herling and Michelle Gillette, (04.05.2013)
•Featured in Mintz Hires Product Liability Pair for S.F. Office, The Recorder (04.04.2013)

•Co-author, What Pom Wonderful v. FTC Means for Class Actions, Law360 (02.19.2015)

Speaking Engagements
•Speaker, California Green Chemistry: What Retailers should Expect and Prepare for in 2014, Mintz Levin, Webinar (12.03.2013)
•Moderator, Presenting Food Science to the Judge or Jury, Food & Supplements Third Annual Workshop, ABA Section of Litigation, Oak Brook, IL (06.18.2013)


Documents by this lawyer on Martindale.com

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More GMO Woes: Another Corn Exporter Sues Syngenta for its Failure to Isolate its GMO Corn
Michelle Gillette,Dominique L. Windberg, February 27, 2015
Last month, Archer Daniels Midland Co. (“ADM”) joined a slew of corn exporters and other stakeholders who have sued Syngenta based on allegations that China rejected these exporters’ products because Syngenta’s genetically modified corn seed, which contains a trait that...

November Elections Impact the Food & Beverage Industry (Part 1)
Michelle Gillette,Mina Nasseri, November 17, 2014
Bids to require mandatory labeling of foods containing genetically modified organisms (GMO) were voted down in Colorado and Oregon on Tuesday. Colorado voters rejected Proposition 105, with nearly 70% of voters saying no; while Oregon voters rejected Measure 92, with only 50.9% against the...

FDA Announces More Changes to FSMA Implementation Rules
Michelle Gillette,Dominique Windberg, October 10, 2014
On September 19, 2014, FDA announced potential changes to four rules that the agency proposed in 2013 to implement the Food Safety and Modernization Act (“FSMA”). FSMA was signed into law in January 2011 in response to many reported incidents of food-borne illness during the 2000s.

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Office Information

Michelle Gillette

44 Montgomery Street, 36th Floor
San FranciscoCA 94104


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