Michael P. Pest
Partner
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Phone: +1 412 497 1035
- Duane Morris LLP
625 Liberty Avenue, Suite 1000
Pittsburgh, PA 15222-3112
USA
Michael P. Pest is a commercial litigator who represents clients across a broad range of industries in all phases of litigation. He has more than a decade of experience handling complex commercial, real estate, oil and gas, and closely held shareholder disputes. Mr. Pest also has extensive experience defending clients in the financial services, energy, and healthcare sectors in individual and class action lawsuits brought under various consumer protection statutes, including the Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), and the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL).
Mr. Pest is a 2011 graduate of the University of Pittsburgh School of Law and a graduate of Northwestern University.
Representative Matters
Obtained dismissal of lawsuit asserting various tort and products liability claims against seller of license plate recognition cameras.
Defended industrial laser manufacturer against claims for breach of warranty and violation of state unfair business practices law.
Defended annuity company against claims for breach of fiduciary duty and violations of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law in connection with theft of plaintiffs’ funds by financial advisor.
Represented financial advisory firm in litigation involving alleged breaches of non-solicitation and non-competition agreements by former financial advisor.
Obtained summary judgment on behalf of closely held corporation and group of majority shareholders in action by minority shareholders seeking dissolution and the appointment of a corporate custodian.
Represent businesses in single-plaintiff and class action cases brought under the Telephone Consumer Protection Act (“TCPA”) and similar federal and state consumer protection statutes.
Admissions
- Pennsylvania
- Ohio
- U.S. District Court for the Western District of Pennsylvania
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Middle District of Pennsylvania
- U.S. District Court for the Northern District of Ohio
- U.S. District Court for the Southern District of Ohio
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Sixth Circuit
Education
- University of Pittsburgh School of Law, J.D., 2011
- Northwestern University, B.A., 2006
Experience
- Duane Morris LLP
- Partner, 2021-present - Eckert Seamans
- Partner/Associate, 2014-2021 - Commonwealth Court of Pennsylvania
- Law Clerk to the Hon. Dan R. Pellegrini, 2011-2014
Honors and Awards
Named to Best Lawyers "Ones to Watch," 2021-2025
Listed in Pennsylvania Super Lawyers Rising Stars
Selected Publications
- “11th Circuit Revisits Whether Recipient of a Single Text Has Article III Standing Under TCPA,” The Legal Intelligencer, June 2023
“2020 in Review: Virtual Litigation,” pages 28-29, Bloomberg Law Practice Perspectives, December 2020
Co-author, “Avoid Losing Control of a Remote Witness: Some Suggestions,” Bloomberg Law Insight, November 9, 2020
Co-author, “Guidelines for Handling Exhibits in a Socially Distanced Courtroom,” Bloomberg Law Professional Perspective, November 2020
Co-author, “Is This the End of the TCPA? High Court Hears Oral Arguments in ‘Barr’,” The Legal Intelligencer, May 2020
- Co-author, “Pennsylvania’s Donated or Dedicated Property Act: A Potential Hurdle for your Gas Development Project,” The PIOGA Press, February 2020
Co-author, "Third Circuit Continues to Rein in Runaway TCPA Claims,” Bloomberg Law, July 3, 2018
Media Hits
“Energy Co. Is Owed $500K For Withheld Gas Sale Proceeds,” Law360, January 13, 2021
Selected Speaking Engagements
- Presenter, “Class Action Defense: Trends, Recent Developments, Risks, and Opportunities,” Association of Corporate Counsel, Western Pennsylvania Chapter, April 26, 2024