Larry J. Saylor

Experience

Before joining the firm, Larry was Law Clerk to The Honorable George E. MacKinnon, United States Court of Appeals, D.C. Circuit.

Representative Matters

• Trade Secrets - Automated Machinery Manufacturer

  Defended former chief technical employee against trade secret and noncompete claims by a manufacturer of automated machinery. Settled after favorable opinion by the Sixth Circuit vacating a preliminary injunction entered by the district court. 

• Trade Secrets - Engineering Software Company

  Defending engineering software company against claims of trade secret misappropriation brought by a competitor. The district court denied plaintiff’s motion for preliminary injunction and dismissed its “inevitable disclosure” claim. The U.S. Court of Appeals for the Sixth Circuit dismissed plaintiff’s petition for mandamus.

• Trade Secrets - Automated Machinery Manufacturer

  Represented automated industrial machinery vendor as plaintiff in trade secret claims against former employees and a competitor. Settled.

• Trade Secrets - Computer Manufacturer

  Co-counsel for a major computer manufacturer defending against antitrust and intellectual property claims by a competitor seeking damages in excess of $1 billion. The matter was settled during trial.

More Representative Matters »

• Antitrust - Computer and Software Vendor

  Co-counsel for major computer and software vendor defending antitrust and intellectual property claims by a competitor seeking damages in excess of $1 billion. The case was settled during trial.

• Antitrust - Engineering Software Company

  Filed antitrust counterclaim on behalf of engineering software vendor defending trade secret claims by a competitor. The matter is pending.

• Antitrust - Furniture Manufacturer

  Defended manufacturer against price discrimination claim by a terminated furniture dealer in the District of Oklahoma. The matter was successfully settled.

• Antitrust - National Grocery Retailer

  Defended claims of attempt to monopolize and tortious interference brought by a local grocery chain against a national retailer.  The district court granted summary judgment dismissing all claims. 

• Class Actions - Cellular Service Provider

  Represented a cell phone carrier in defense of a claim that charges for air time were inadequately disclosed, and seeking more than $200 million in damages under the Consumer Protection Act. The matter was settled. 

• Class Actions - Financial Institution

  Represented a mortgage lender in defense of class claims in two matters challenging prepayment penalties in residential mortgage loans under usury statute and Consumer Protection Act. Both cases were settled after an appeal to the Michigan Court of Appeals.

• Class Actions - Hospital System

  Defended a hospital system against allegations that its charges for providing medical records in response to subpoenas were excessive, in violation of the state Consumer Protection Act and Patients’ Bill of Rights. The Michigan Supreme Court held as a matter of first impression that the Consumer Protection Act does not apply to purchases that are primarily for business purposes, and that such subpoenas were primarily for the business purposes of the patients’ attorneys. The class action complaint was dismissed.

• Class Actions - Prescription Drug Manufacturer

  Represented a brand-name prescription drug manufacturer in defense of claims in a multi-district proceeding in the Northern District of Illinois.  A putative national class of drug retailers alleged that manufacturers conspired to fix wholesale prices. Also defended the client against claims by an indirect purchaser class under state law. Both matters were settled.

• Class Actions - School District

  Represented an urban school district against claims by a putative class of taxpayers seeking to recover in excess of $100 million collected on property taxes that had expired. The trial court dismissed the claims as beyond its jurisdiction and the state Court of Appeals affirmed. The Michigan Tax Tribunal then dismissed the claims as untimely, but the Court of Appeals reversed. The Michigan Supreme Court granted our application for leave to appeal and reversed, dismissing all claims. 

• Class Actions - Window Manufacturer

  Defended a national window manufacturer in a proposed class action alleging fraud in the sale and pricing of replacement windows. The state trial court enforced arbitration clauses in the purchase agreements and dismissed the complaint. Several claimants then filed a demand for class arbitration. The arbitrator denied claimants’ motion to certify a class, the trial court confirmed the award, and claimants dismissed their claims with no payment by our client.

• Contract, Dealer + Franchise - Automotive Supplier

  Defended an international auto parts supplier against a breach of warranty claim. Plaintiff, a “tier 1” component manufacturer, asserted that parts supplied for thousands of vehicles were defective, resulting in damages of more than $60 million. The matter was settled after arbitration and proceedings in the District of Minnesota and Eighth Circuit.

• Contract, Dealer + Franchise - Engine Manufacturer

  Represented a manufacturer of small gasoline engines in defense of claims by terminated dealer under the Wisconsin Fair Dealer Law.   The District of Minnesota entered a preliminary injunction requiring reinstatement of the dealer. The Seventh Circuit reversed and the dealer dismissed its complaint.

• Contract, Dealer + Franchise - Engine Manufacturer

  Defended a manufacturer of small gasoline engines against claims by a terminated distributor under the Illinois Franchise Disclosure Act. The matter settled after the Northern District of Illinois granted summary judgment dismissing major portions of the distributor’s claims.

• Contract, Dealer + Franchise - Furniture Manufacturer

  Defended a national furniture manufacturer against breach of contract claims by retailers in Mississippi and California. The matters were successfully settled.

• Contract, Dealer + Franchise - Grocery Retailer

  Obtained reversal on appeal of $6 million judgment for fraud and $10 million interest claim in connection with sale of retail stores.

• Contract, Dealer + Franchise - International Auto Supplier

  Represented a German-owned automotive supplier in defense of commission claim by a terminated U.S. sales representative in federal district court, the U.S. Court of Appeals for the Sixth Circuit, and arbitration in London before the International Chamber of Commerce Court of Arbitration.  The matter is settled. 

• Contract, Dealer + Franchise - International Brewer

  Defended a Polish brewer against claims by a terminated U.S. distributor under the Illinois Beer Industry Fair Dealing Act. Convinced the U.S. Court of Appeals for the Seventh Circuit to compel arbitration of the claims in Poland, reversing the decision of the Northern District of Illinois. The same district court later confirmed the favorable arbitration award, and the Seventh Circuit affirmed.

• Contract, Dealer + Franchise - Machinery Manufacturer

  Represented a vendor of automated material handling machinery in defense of breach of contract claims by a supplier and intellectual property licensor.  Obtained a pre-trail ruling reducing plaintiff’s damage claim by 50%. The matter was settled after trial.

• Governmental + Regulatory - City

  Defended a city against a major taxpayer’s claim that a property tax ordered by a court to satisfy a judgment against the city violated an amendment to the state constitution requiring a vote of the electors to approve any increase in taxes. The Michigan Supreme Court agreed that the constitutional provision did not apply and reversed the state Court of Appeals and Tax Tribunal.

• Governmental + Regulatory - Furniture Manufacturer

  Defended a manufacturer against a terminated sales representative’s claim that he was protected by the Age Discrimination in Employment Act. The Seventh Circuit held as a matter of first impression that an independent sales representative is not covered by ADEA. 

View Abbreviated Representative Matters »

Professional Activities

• American Arbitration Association Panel of Neutrals (Commercial, Large Complex Case, and Franchising Panels), Arbitrator
• American Bar Association, Antitrust Section; Forum on Franchising; Litigation Section; Dispute Resolution Section
• State Bar of Michigan, Antitrust, Franchising and Trade Regulation Section, Chair, 1994-1995; Vice-chair, 1993-1994; Secretary, 1992-1993; Treasurer, 1991-1992; Council Member, 1987-1991; Alternative Dispute Resolution Section; Litigation Section; Appellate Practice Section
• District of Columbia Bar Association
• International Franchise Association
• Wayne County Mediation Tribunal Association, Commercial case evaluator
• Wayne Mediation Center, mediator
• U.S. District Court for the Eastern District of Michigan, Local Rules Committee, 1998-2001
• Federal Bar Association, Detroit Chapter
• Detroit Metropolitan Bar Association

Honors + Awards

• University of Michigan Law School, magna cum laude, Order of the Coif; Michigan Law Review, Articles Editor
• Miami University, cum laude
• Ohio State University, with Distinction
• Who's Who in America
• Who's Who in American Law
• Best Lawyers in America, Litigation-Antitrust Law 2005-present
• Michigan Super Lawyers, Business Litigation, 2007-present
• DBusiness Magazine, Top Lawyers, Antitrust, 2010

Civic, Cultural + Social Activities

• Leadership Detroit XI
• Detroit Economic Club
• Canada-U.S. Business Association

Military Experience

• United States Air Force, 1970-72, Administrative Officer

Publications

Books

Michigan Civil Procedure Before Trial (Co-Author), West Publishing, 2003 (3 vol. treatise)

Litigating the Commercial Case (Co-Author), Michigan Inst. for Continuing Legal Ed., 1992

Articles

"High court considers future of class arbitration," Michigan Lawyers Weekly, February 8, 2011

"Judicial review of arbitration awards," Michigan Lawyers Weekly, September 17, 2010

“Michigan Sales Representative Statute” (Co-Author), Michigan Bar Journal, Michigan Bar Association, 1994

"Are You Violating Antitrust Laws," Michigan Hospitals, Michigan Hospital Association, 1992 

"Antitrust Issues in Mergers, Acquisitions and Joint Ventures," International Legal Strategy, 1992 (in Japanese) 

"Dealer Termination Litigation," Michigan Bar Journal, Michigan Bar Association, 1987

“Annual Survey of the Law: Civil Procedure” (Co-Author), Wayne Law Review, Wayne State University, 1984

“Condemnation Blight” (Note), Michigan Law Review, University of Michigan, 1975

Speeches

Oral Argument (Moderator), Michigan Appellate Bench Bar Conference, 2010

International Arbitration, Automation Alley, 2007

Antitrust Compliance, National Association for Credit Management, 2006 and 1999

Getting Your Opponent's Attention Before Trial: Creative Ways to Seize the Moment, American Bar Association, Intellectual Property Section (teleconference), 2004

Drafting Sales Representative Agreements, Michigan State Bar Assoc. and Michigan Inst. for Continuing Legal Education, 1998

The Price Is Right, Antitrust Developments Affecting Negotiations Between Providers and Payors, Michigan State Bar Association and Michigan Institute for Continuing Legal Education, 1997

Dealer, Franchise and Sales Representative Termination, Michigan State Bar Association and Michigan Institute for Continuing Legal Education, 1993

Dispute Resolution for Franchise Claims, American Arbitration Association, Michigan Region, 1993

Distributing Your Products and the Antitrust Laws, American Electroplaters and Surface Finishers Association, 1993

Seminars + Events

• Cappuccino with Counsel: Recent Developments in Class Action Law
• Nuts and Bolts of International Commercial Arbitration
• 2010 Annual Employment Law Seminar
• Cappuccino with Counsel: Trade Secrets Identifying and Protecting What Could Be Your Most Valuable Asset

Articles

• Antitrust Investigation Highlights Need for Compliance Programs
• Global Automotive Newsletter
• Complying with Antitrust Laws
• Supreme Court Decision Upholds Class Action Waivers in Arbitration Agreements
• Foul? High Court Sacks NFL
• Automotive Guide
• Is it Appealing? Weigh the Issues Carefully Before You Pursue a Case on Appeal
• Antitrust Issues Impact Mergers, Acquisitions, and Joint Ventures

Newsletters

• Hot Points Summer 2011
• Hot Points Special Edition Appellate
• Hot Points Fall 2010

News

• Miller Canfield Lawyer Larry Saylor Appointed Chair of Firm's Antitrust and Trade Regulation Section