Michael Shortnacy > Shook, Hardy & Bacon LLP > San Francisco, United States > Lawyer Profile

Michael Shortnacy

424.285.8330 mshortnacy@shb.com

Work Department

Data and Discovery Strategies

Position

Partner

Career

Michael focuses his practice on defending consumer class actions and regulatory enforcement actions relating to consumer protection laws. He litigates before state and federal courts in matters involving claims of unfair competition, false and deceptive advertising and other violations of consumer protection and warranty laws. Michael has particular experience defending automotive, pharmaceutical and retail industry clients in their highest risk multidistrict, mass tort, and class action litigation, serving as lead counsel for a variety of Fortune 100 companies in high-profile matters.

Michael also has extensive experience counseling clients in all aspects of discovery in complex, bet-the-company litigation and investigations. He is a fierce advocate for clients on critical issues related to discovery, including routinely avoiding or outright defeating motions and discovery practice that threaten to cloud or overtake defenses to the merits of cases. Michael is well known among his peers and adversaries and brings a high level of credibility when dealing with opposing counsel, courts and/or government regulators on the thorniest discovery issues. Michael’s experience serving as lead counsel in complex litigation is bolstered by his experience leading discovery strategy, which frequently is the most expensive part of civil litigation and plays an integral part of the overall trial strategy. Michael has led all aspects of discovery in his client’s most important cases. Michael regularly takes leadership roles with co-counsel in joint defense and other “virtual law firm” arrangements in complex, mass tort and multidistrict litigation.

Michael also advises clients on information governance and records management and retention, and compliance with state and federal discovery obligations before, during and after litigation. He regularly designs cost-effective and proportional electronic discovery strategies and protocols for clients. A seasoned litigator, Michael has frequently and successfully argued defensibility of process to courts and special discovery masters, protecting client data and avoiding significant costs.

Michael has an active pro bono practice, with a particular emphasis on impact litigation. He co-led a team of lawyers and civil rights advocacy groups in representing parents, teens and their medical providers in challenging an Alabama law criminalizing gender-affirming medical care for transgender minors. The team successfully obtained a preliminary injunction blocking the Alabama law from enforcement. This was only the second challenge to transgender care laws in the country, and the first to successfully challenge a criminal statute punishing the provision of medical care in this area. Michael also counsels The Trevor Project, the nation’s largest non-profit organization dedicated to ending suicide among LGBTQ+ youth.

Memberships

• American Bar Association, Consumer Protection Committee
• Los Angeles County Bar Association, Litigation Section Executive Committee
  • Co-Chair, Rules and Legislation Subcommittee

Education

• J.D., cum laude, American University, Washington College of Law, 2003
• B.A., magna cum laude, Political Science, University of Southern California, 1996