Michael P. Pest

Partner

  • Michael P. Pest
  • Phone: +1 412 497 1035

    Import to Address Book

  • Duane Morris LLP
    625 Liberty Avenue, Suite 1000
    Pittsburgh, PA 15222-3112
    USA

Michael P. Pest represents clients across a broad range of industries in all phases of litigation.  Mr. Pest focuses primarily on complex commercial litigation, with particular emphasis on contractual disputes, business torts, and the defense of single-plaintiff and class-action consumer protection cases.  He also has extensive experience representing individual owners of closely held businesses in shareholder disputes.

Prior to entering private practice, Mr. Pest clerked for the Hon. Dan R. Pellegrini, former president judge of the Commonwealth Court of Pennsylvania.  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

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