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10100 Santa Monica Boulevard
Suite 2200
Los Angeles, California
90067
Tel 310.282.2122
Fax 310.919.3848


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Michael A. Thurman
Partner

Michael Thurman is a Los Angeles-based trial attorney who defends lawsuits, arbitrations and regulatory actions brought against businesses and executives. He regularly represents business clients in consumer protection actions and investigations brought by the Federal Trade Commission (FTC) and state regulators, and counsels clients in various industries on advertising and marketing issues.

Mr. Thurman also advises businesses and makes presentations regarding compliance and risk management issues, including supervisory and enforcement developments of the new Consumer Financial Protection Bureau (CFPB) that was created by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.

Mr. Thurman has also represented numerous securities brokerage firms in litigation and arbitration actions, as well as regulatory matters brought by the Financial Industry Regulatory Authority (FINRA) - formerly the National Association of Securities Dealers (NASD) - and the U.S. Securities and Exchange Commission (SEC). He has also handled employment and general business litigation matters, including representing financial services clients in employee non-competition agreement and trade secret misappropriation declaratory and injunctive relief actions.

Prior Work Experience

Mr. Thurman previously served as the General Counsel and Senior Vice President of Wedbush Morgan Securities, and managed in the Los Angeles office of Bear Stearns & Co. Inc. He has previously been licensed as a Registered Representative and a General Securities Supervisor by the National Association of Securities Dealers. Mr. Thurman was also a litigation partner for the law firm of Keesal, Young & Logan.

Representative Experience

  • Defending a lighting manufacturing company and its principals in an FTC enforcement action filed in the United States District Court for the Central District of California alleging that the company’s LED light technology packaging contains representations that violate Section 5 of the FTC Act. The case is significant in that the principals of the manufacturer successfully moved to dismiss the FTC claims for failure to satisfy the pleading requirements of Federal Rule of Civil Procedure 9(b), which the Court ruled is applicable to Section 5 deception cases filed by the FTC.
  • Assisted a marketer to resolve an FTC civil enforcement action filed in the United States District Court for the Central District of California involving alleged violations of the CAN-SPAM Act and Section 5 of the FTC Act for allegedly transmitting over a 40-day period more than 5.5 million text message advertisements leading consumers to a private website that appeared to be a government web address.
  • Represented an Internet appliance retailer in an FTC administrative action filed against the company related to the company’s alleged failure to display Federal Energy Guides for certain appliance products offered for sale on the company’s website. This action was one of a group of recently filed cases related to the alleged failure to display Energy Guides.
  • Obtained a temporary restraining order in a California state court action enjoining the defendant from withholding funds due to client under a debt settlement servicing agreement.
  • Defended a debt settlement company in a state court action based on an alleged violation of a servicing agreement exclusivity clause.
  • Brought a declaratory relief action on behalf of an Internet marketing company against the Federal Trade Commission in federal court in Washington, D.C. challenging the authority of the FTC to seek monetary relief under Section 13(b) of the FTC Act.
  • Defended an Internet marketing company and one of its principals in an FTC enforcement action filed in the United States District Court for the Northern District of California alleging that the company’s Internet cross-marketing campaign violated Section 5 of the FTC Act. This case is one of the first brought by the FTC challenging the use of pre-checked, cross-marketing Internet offers. In defense of the case, the company has challenged the authority of the FTC to seek monetary relief under Section 13(b) of the FTC Act.
  • Represented an Internet marketing company and one of its principals in an FTC enforcement action filed in the United States District Court for the District of Oregon alleging that the clients’ on-line shopping club and marketing violated Section 5 of the FTC Act. This case is among the first FTC enforcement actions challenging the legitimacy of on-line shopping clubs and the marketing of such clubs.

Publications/Speeches


Media Mentions


Affiliations

  • Former NASD-licensed Registered Representative and General Securities Supervisor

Distinctions

  • Highest "AV Preeminent (5 out of 5)" Professional Rating, Martindale-Hubbell Law Directory
  • Director, American Corporate Counsel Association, Los Angeles Chapter (1998-2000)
  • Director, Region Coach and Assistant Commissioner, American Youth Soccer Organization, Region 214 (2000-2005)
  • Director and Auxiliary Director, South Pasadena Education Foundation (1997-2006)

Practice Areas Education
University of Oregon School of Law, J.D., 1985
Stanford University, A.B., Sociology, 1979, With Departmental Honors
Captain, Varsity Rugby
Bar Admissions
California, 1986
Oregon, 1985
Court Admissions
California State and Federal Courts
Oregon State and Federal Courts
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