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 Amid FDA Silence, Vt. Law a Vanguard in Defining 'Natural', Law360 (05.08.2015)
• 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)
• 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)