Service Areas

Education

University of Michigan Law School, J.D., 2005
Cornell University, B.S.

Bar Admissions

Michigan

Court Admissions

U.S. Court of Appeals

Sixth Circuit
Seventh Circuit

U.S. District Courts

Eastern District of Michigan
Western District of Michigan
Eastern District of Wisconsin

Brian Schwartz

Principal

schwartzb@millercanfield.com

Detroit
T: +1.313.496.7551
O: +1.313.963.6420
F: +1.313.496.8453

Brian M. Schwartz represents management in various aspects of labor and employment counseling and litigation. His practice focuses on defending class-action lawsuits involving retiree health benefit disputes and employment discrimination. He also has been involved in defending race, gender and disability discrimination claims.

“I offer my clients attention to detail, thoroughness, creative legal theories and diligence.”
Brian M. Schwartz

Representative Matters

U.S. Retailer Age Discrimination
Defended a major retailer in a class action involving sales associates alleging age discrimination arising out of a nationwide reorganization. The Eastern District of Michigan Judge dismissed the lawsuit, avoiding potential damages claims exceeding $16 million.

Reported + Published Decisions

Billings v Michigan Ability Partners, 795 N.W.2d 10 (Mich. 2011) (disability discrimination)

Allen v Sears Roebuck and Co., _ F.Supp.2d, _, 2011 WL 1044484 (E.D. Mich. Mar. 10, 2011) (age discrimination)

Allen v Sears Roebuck and Co., 2011 WL 867094 (E.D. Mich. Mar. 10, 2011) (age discrimination)

Dobrowski v Jay Dee Contractors, 571 F.3d 551, (6th Cir. 2009) (Family and Medical Leave Act)

Boeing Co. v March, 656 F.Supp.2d 837 (N.D. Ill. 2009) (retiree health benefit claims under the Labor Management Relations Act and the Employee Retirement Income Security Act)

Leannah v Alliant Energy Corp. and Wisconsin Power & Light Co., 607 F.Supp.2d 946 (E.D. Wis. 2009) (retiree health benefit claims under the Labor Management Relations Act and the Employee Retirement Income Security Act)

Williams v Detroit Bd. of Educ., 523 F.Supp.2d 602 (E.D. Mich. 2007), aff’d, 306 Fed.Appx. 943 (6^th Cir. 2009) (defamation)

Professional Activities

American Bar Association, Employee Benefits Committee; Co-Chair, Subcommittee on Collective Bargaining and Employee Benefits
State Bar of Michigan
Oakland County Bar Association
B'nai Brith Barristers

Honors + Awards

University of Michigan Law School, cum laude; honors in Legal Practice Program; Michigan Journal of International Law Articles Editor, 2004-2005; Published Author, Robert S. Feldman Labor Law Award, 2005; Eric Stein Award, 2005 University of Michigan Law School Hockey Team, Captain
Cornell University, Dean's List; Lambda Chi Alpha Fraternity; Inter-Fraternity Council, Director of Greek Awards
Denmark International Studies Program
Michigan Super Lawyers, Employment Litigation Defense, Rising Star 2010-2012
Michigan Lawyers Weekly, Up and Coming Lawyer, 2012

Publications

"Employment at Will: A State-by-State Survey," (Co-Author), American Bar Association, Section of Labor and Employment Law, 2011

"Employee Benefits Law," (Contributing Author), Second Edition, 2010 Cumulative Supplement

"NLRB Rulings Clarify Supervisory Exemptions," Labor and Employment Lawnotes (Winter 2007)

"WTO and GMOs: Analyzing the European Community's Recent Regulations Covering the Labeling of Genetically Modified Organisms," 25 Mich. J. Int'l L. 771 (2004)

Speeches

"Independent Contractor vs. Employee," American Payroll Association, Detroit Chapter, March 11, 2011, Novi, Michigan

"How Independent Are Your Contractors?," Michigan Manufacturers Association, November 11, 2010, Lansing, Michigan

Seminars + Events