Michelle L. McClafferty

Senior Attorney

As an experienced litigator, Michelle represents corporate and individual clients at all phases of litigation in state and federal court, from commencement through appeal. In her commercial practice, Michelle focuses on business disputes, product liability claims, insurance matters, fraud and deceptive trade practice suits, and other tort-based claims including state and federal RICO actions.

404-400-1755mcclafferty@khlawfirm.com LinkedIn

About Michelle

Michelle appreciates the impact that litigation can have on daily business operations, which is why she also regularly counsels her clients regarding risk management and pre-lawsuit strategy.  She has developed a particular expertise in crisis management and mediating high-risk situations before they evolve into claims. Michelle is well-versed in her understanding of media, social platforms, law enforcement, and regulatory considerations and works as a trusted advisor with her clients and their communications teams to prepare effective responses when faced with catastrophic or highly sensitive matters.

In addition to her commercial litigation experience, Michelle has a background in employment litigation, representing clients in cases arising under state and federal employment statutes, as well as cases involving restrictive covenants and intellectual property disputes. Her experience includes advocating on behalf of financial services institutions, insurers, manufacturers and distributors, construction companies, and small business owners.

In her political law practice, Michelle assists political organizations with formation, reorganization, and policy development and guides them in navigating federal and state laws and regulations. She has represented campaigns, candidates, leadership committees, political action committees, and social welfare organizations, providing advice and counsel on issues of election law, campaign finance, reporting obligations, and internal organizational and employment matters. Michelle has also represented individuals and organizations in connection with congressional and other regulatory investigations. She represented a voting rights organization and faith-based entities in a high-profile voting rights lawsuit that gained national attention, including coverage by the New York Times. She also represented litigants seeking to enforce the protections against voter intimidation under the Voting Rights Act of 1965 in a case arising from activity in Georgia in the weeks following the November 2020 general election.

Background

Education

  • Boston College Law School J.D.
  • Syracuse University B.A.

Admissions

  • Alabama
  • Georgia
  • Massachusetts

Recognitions

  • Best Lawyers®

Community

  • Member, American Bar Association Young Lawyers Division
  • Task Force Member, ABA Tort Trial and Insurance Practice section (TIPS) Leadership Academy
  • Member, American Constitution Society, Georgia chapter
  • Volunteer, The Trevor Project

Experience

Political Law

  • Represented former government employee in connection with subpoena for congressional testimony.
  • Developed and administered training programs for political organizations on subjects including canvassing, permitted lobbying activity, and election-related safety issues.
  • Provided legal advice and counsel to clients seeking to organize and/or affiliate with as 501(c)(3) and 501(c)(4) organizations.
  • Represented civic groups, voting rights organizations, and religious organizations in federal litigation on issues of election administration and voting rights.
  • Successfully represented a political organization before a state regulatory body on a matter concerning election activity and GOTV effort.
  • Served as trial and appellate counsel for voting rights group challenging alleged voter intimidation.
  • Advised fund regarding grantee relationships and recordkeeping, as well as internal policies and procedures.

Litigation

  • Represented product and system manufacturers, installers and distributors in personal injury, wrongful death and property damage matters in state and federal court proceedings.
  • Defended health care providers and institutions in malpractice and wrongful death claims.
  • Represented client in arbitration of personal injury and property damage claims.
  • Represented financial institutions in consumer disputes alleging violations of state and federal law.
  • Obtained fee award on behalf of client in defense of copyright claims.
  • Obtained summary judgment on behalf of security services company on negligence and wantonness claims.
  • Obtained dismissal of fraud claims based on forum selection clause, which was affirmed by Alabama Supreme Court.
  • Obtained summary judgment on behalf of healthcare provider, which was affirmed by the Alabama Supreme Court.
  • Defended class action lawsuits involving wage and hour disputes.
  • Represented clients in various industries in non-party discovery matters.
  • Successfully defended national financial institution in action alleging state and federal RICO claims in connection with alleged cryptocurrency fraud, including in proceedings seeking temporary restraining order and preliminary injunction.
  • Represented individual property owner and business entity in multiple lawsuits asserting fraud claims and related state and federal RICO counts, including on appeal to the U.S. Court of Appeals for the Eleventh Circuit.
  • Represented international retailer in employment discrimination and retaliation claims before the Equal Employment Opportunity Commission and in federal court.
  • Represented major auto manufacturer in claims and cases alleging violations of state and federal employment laws.

Client Resources

Publications

Contributions

Moderator, “Generational Differences in the Legal Profession”, 2024 ABA TIPS Leadership Academy

Author, Unreasonable, Uniformed Objection to DEI Initiative Does Not Protect Employee from Termination, Legal Bulletin, August 2024

Co-Author, SCOTUS Ends Race Conscious Affirmative Action Admission Programs, Legal Bulletin, June 2023

Author, How Long Can Anti-ESG, Pro-Business Forces Get Along?; Corporate Compliance Insights; May, 2023

Panelist, “Making Yourself Indispensable to the Trial Team”, 2023 ABA Tort Trial & Insurance Practice – Young Lawyers Division, Section Conference, May 2023

Mercer Law Review: Federal Trial Practice and Procedure, Eleventh Circuit Survey (2018 – 2019).

Presentations

Success Stories