Attorneys Profiles

Michael B. Gallub

Position: Member

Address: Herzfeld & Rubin, P.C.
125 Broad Street, New York, NY, 10004

Phone: (212) 471-8536

Fax: (212) 344-3333

E-mail: MGallub@herzfeld-rubin.com

vCard:

Michael B. Gallub, a Director and Managing Attorney of the firm, specializes in complex litigation and class actions. He represents domestic and foreign clients in all phases of class action, multi-district and individual litigation in the areas of commercial, mass tort, products liability, environmental, consumer and employment law. Mr. Gallub is known for his vigorous, creative and successful representation of a diverse clientele in high-stakes, “bet the company” litigation throughout the United States. He handles clients’ most challenging and critical legal matters, tailoring his efforts to meet each client’s unique goals and objectives. Mr. Gallub also regularly represents clients in matters involving federal and state governmental agencies, and provides counsel regarding sensitive commercial and legal issues, risk management and litigation avoidance. He is a frequent lecturer to in-house corporate counsel, outside counsel and claims professionals nationwide. 

Class Actions and Multi-District Litigation:

Mr. Gallub serves as national and local lead counsel to major companies in class actions and multi-district litigation throughout the United States. He successfully defends clients against nationwide and statewide class actions involving claims such as consumer and commercial fraud, deceptive and unfair business practices, unfair competition, RICO, false or misleading advertising, misrepresentations and omissions, product defect, breaches of contract and warranties, violations of federal statutes, and violations of consumer protection statutes of every state. With clients ranging from Fortune 500 companies to small businesses and individuals, Mr. Gallub has defended a wide array of class action and individual cases seeking substantial compensatory and punitive damages, statutory penalties and injunctive and declaratory relief. He is United States co-lead counsel for the Volkswagen and Audi companies in product related class actions and multi-district litigation. He represents the companies in the multi-district litigation, In re Volkswagen “Clean Diesel” Marketing, Sales Practices and Products Liability Litigation (N.D. Cal.), and in related state court actions involving diesel emissions issues. He is also co-lead counsel for several major automotive companies in In re Takata Airbag Products Liability Litigation (S.D. Fla.), a multi-district litigation consolidating class actions throughout the country involving Takata airbag inflators. Mr. Gallub also represents clients in litigation brought by federal, state and local regulators.

In addition to litigation, Mr. Gallub routinely works with clients and their various departments in formulating and implementing voluntary programs, recalls, service actions, warranties, customer and dealer communications, and technical bulletins. His advice is regularly sought by major companies regarding crisis management and effective ways of resolving challenging nationwide issues. He assists clients in developing and implementing practices to enhance customer relations and avoid litigation.

Products Liability and Product Related Matters:

As United States and New York product litigation counsel, Mr. Gallub has successfully represented major manufacturers and distributors of cars, trucks, automotive components, industrial machinery, heavy equipment, power tools, and consumer and household products in class actions and individual products liability litigation. His extensive automotive experience includes the defense of claims involving vehicle stability/rollover, airbags and restraints, roof crush, seats and headrests, frontal, side and interior crashworthiness, body materials and structure, steering and handling, braking systems, engines, transmissions, fuel systems, electrical systems and control units, computer software, mileage recording systems, and other vehicle componentry. Mr. Gallub’s representation includes issues involving emerging technologies in the automotive industry such as autonomous vehicles. His case results and published writings have helped establish favorable precedents throughout the United States. Mr. Gallub is particularly adept at helping foreign entities understand and successfully defend litigation in the United States, and at preparing and defending foreign witnesses.

In addition to product litigation, Mr. Gallub counsels major manufacturers and distributors regarding regulatory issues, interfacing with regulatory agencies, product analysis, advertising and marketing, product warnings, instructions and labeling, product warranties and owner’s manuals. He provides counsel regarding formulation and implementation of product recalls, service actions and effective methods for addressing issues in the field. He drafts and consults on contracts in the areas of product distribution, dealer franchising, supplier sales/purchases, development of new technologies, joint ventures and other commercial transactions.

Environmental:

Mr. Gallub represents clients in federal and state environmental litigation and in matters involving the U.S. Environmental Protection Agency and the New York State Department of Environmental Conservation. He has successfully defended clients against environmental claims by private parties and governmental agencies, as well as in multi-district litigation such as In re: Methyl Tertiary Butyl Ether (MTBE) Products Liability litigation which consolidated, in the Southern District of New York, hundreds of environmental cases brought throughout the United States concerning the gasoline additive MTBE. He also represents clients in CERCLA/Superfund matters such as the Gowanus Canal Superfund Site, one of the largest Superfund sites in the United States. In addition, Mr. Gallub drafts and consults on environmental related contracts and provisions. He regularly counsels clients on regulatory matters, environmental liabilities, incident prevention and response, environmental remediation, indemnification issues and risk management.

General Commercial and Business:

Mr. Gallub has represented large companies, small businesses and individual entrepreneurs in a wide array of commercial matters. He has litigated matters involving claims of breach of contract, fraud and misrepresentation, breach of fiduciary duty, interference with business relationships, unfair or deceptive business practices, unfair competition, violations of consumer protection statutes, and disputes among business owners or partners. Mr. Gallub also represents clients in matters involving director and officer liability, misappropriation of trade secrets, breaches of fiduciary duties, breaches of non-compete and confidentiality agreements, and joint venture liability. He is known for handling difficult matters in an effective yet practical way that achieves the client’s business interests. He also drafts contracts, and routinely counsels clients on commercial issues, business practices and dispute resolution.

Employment:

Mr. Gallub prosecutes and defends claims, and provides advice, on matters involving workplace harassment, wrongful termination and discrimination based on race, age, gender, sexual orientation, religion and ethnic origin. His employment practice also includes claims involving breaches of employment contracts, violations of employment obligations/duties, and violations of federal and state laws including Title VII, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and the New York State and City Human Rights laws. In addition to federal and state litigation, Mr. Gallub drafts and reviews employment agreements and company policies, counsels companies on employment relations, practices and liabilities, and represents clients in matters before the United States EEOC and the New York State Division of Human Rights. He pursues his clients’ rights zealously, while guiding them through the process with sensitivity to the highly personal issues such matters often involve.

Tort and Insurance:

Mr. Gallub represents clients in all phases of tort and insurance litigation. He has successfully defended and prosecuted a wide array of claims involving premises, construction, motor vehicle, professional liability, medical malpractice, bad faith and insurance coverage. He is regularly called upon to handle matters involving catastrophic injuries, significant damage exposure, and issues that are particularly difficult or sensitive in nature.

Other Accomplishments:

Mr. Gallub is a published author in the areas of litigation, class actions, products liability and tort law. His Law Review articles have been cited by trial and appellate courts throughout the country. He has also lectured at seminars and law schools in the areas of class action law, products liability and tort law, and litigation.

Mr. Gallub has been given the highest peer review rating by the Martindale-Hubbell directory of attorneys, and has repeatedly been selected as a New York “Super Lawyer” by his peers.

Bar Admissions:

New York State
Supreme Court of the United States
U.S. Court of Appeals, Second Circuit
U.S. District Court, Eastern District of New York
U.S. District Court, Southern District of New York
U.S. District Court, Western District of New York

Education:

Hofstra University School of Law, Hempstead, New York, J.D.1986

Honors:
 Hofstra Law Review, Associate Editor, 1985-1986
Hofstra Law Review, Staff Member, 1984-1985
Lubov Award for Academic Achievement and Service
Teaching and Research Assistant to Prof. Aaron D. Twerski

State University of New York at Stony Brook, Stony Brook, New York,
B.A., Political Science, 1983
Honors: Graduated with Honors; Dean's List; Sigma Beta Honor Society
 

Publications:

A Compromise Between Mitigation and Comparative Fault? A Critical Assessment of the Seat Belt Controversy and a Proposal for Reform, 14 Hofstra Law Review 319, 1986

Assessing Culpability in the Law of Torts: A Call for Judicial Scrutiny in Comparing "Culpable Conduct" under New York's CPLR 1411, 37 Syracuse Law Review 1079, 1987

Defining the Distributor under Strict Products Liability, Products Liability Law and Strategy, June, 1987

Adjudicating the Duty Concept: A Step Toward Affirmative Standard Setting, Products Liability Law and Strategy, October, 1987

Limiting the Manufacturer's Duty for Subsequent Product Alteration: Three Steps to a Rational Approach, 16 Hofstra Law Review 361, 1988

Rule 12 Motions (Co-Author) Chapter 3, Federal Litigation Guide, Matthew Bender & Co., 1988

Jurisdiction, Venue and Related Principles, Chapter 16, Frumer and Friedman on Products Liability, Matthew Bender & Co., 1994

Effective Handling of Evidentiary Issues in New York Products Liability and Negligence Actions – A Primer for Defense Counsel, 12 Defense Counsel Journal 9, Fall 2010

Author of Articles/Blog on Class Action Issues, ALM/Law.com, 2014
 

Lectures and Seminars Taught:

Lecturer, Class Actions and Multi-District Litigation, American Conference Institute’s 2d Cross-Industry Interdisciplinary Summit on Defending and Managing Class Actions, New York, NY, April 2017

Lecturer, Class Actions, American Conference Institute’s 1st Cross-Industry Interdisciplinary Summit on Defending and Managing Class Actions, New York, NY, April 2016

Lecturer, Class Actions and Multi-District Litigation, American Conference Institute’s Annual Summit on Defending and Managing Automotive Product Liability Litigation, Chicago, Ill, June 2016

Lecturer, Class Actions, American Conference Institute’s Annual Summit on Defending and Managing Automotive Product Liability Litigation, Chicago, Ill, June 2015

Lecturer, Class Actions, American Conference Institute’s Annual Summit on Defending and Managing Automotive Product Liability Litigation, Chicago, Ill, June 2014

Lecturer, Complex Litigation: Multi-Plaintiff and Multi-District Litigation, Defense Research Institute Seminar on Trial Tactics, Las Vegas, NV, March 2015

Lecturer, Distracted Driving, Company Policies and Defenses, American Conference Institute’s Annual Summit on Trucking Litigation, Chicago, Ill, March 2015

Lecturer, Defending Perfect Storm Litigation, International Association of Claim Professionals (IACP), New York, NY, June 2015

Moderator, Critical Analysis of Direct and Cross-Examination of Plaintiffs’ Medical Expert, Defense Research Institute Seminar on Trial Tactics, Miami, Florida, March 2014

Lecturer, Class Actions, American Conference Institute’s Annual Summit on Defending and Managing Automotive Product Liability Litigation, Chicago, Ill, June 2012

Lecturer, Advanced Evidentiary Issues in Products Liability, Defense Association of New York (DANY), New York, NY

Guest Lecturer on Torts and Products Liability, St. John's Law School

Guest Lecturer on Torts and Products Liability, Brooklyn Law School

Guest Lecturer on Torts and Products Liability, Hofstra Law School

Judge, Moot Court and Legal Advocacy, New York Law School

Lecturer, Continuing Legal Education (CLE) Programs on Pleadings and Motions to Dismiss under Federal and State Practice, New York, NY

Honors and Awards:

Received highest legal and ethical peer review rating from Martindale-Hubbell
Repeatedly voted by peers as New York “Super Lawyer”

Professional Associations and Memberships:

American Bar Association
New York State Bar Association, Committee on Civil Practice Law and Rules
New York County Lawyers Association
LGBT Bar Association of Greater New York, Judicial Screening Committee
Defense Research Institute, Steering Committee on Trial Tactics

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