Service Areas

Business
Automotive
Litigation + Trial
Business Torts
Intellectual Property Litigation
- Trade Secrets + Noncompetes
Antitrust + Trade Regulation
Appeals
Election Litigation
Litigation + Trial Practice Overview

Education

University of Michigan Law School, J.D.
University of Michigan, Master of Applied Economics
Michigan State University, B.A.

Bar Admissions

Michigan

Court Admissions

U.S. Court of Appeals

Sixth Circuit

U.S. District Courts

Eastern District of Michigan
Western District of Michigan
Northern District of Indiana

Mark T. Boonstra

Principal

boonstra@millercanfield.com

Ann Arbor
T: +1.734.668.7735
O: +1.734.663.2445
F: +1.734.663.8624

Mark T. Boonstra, a deputy leader of the firm's litigation group and co-chair of the commercial appellate section, successfully resolves business and commercial disputes of all kinds. He regularly represents Fortune 500 and international companies, but frequently also works with smaller clients, whose needs he believes are as important as any other. Over the years, Mark has been called upon whenever complex matters have arisen, both counseling and litigating on behalf of clients in many fields of endeavor, whether automotive or high technology, energy, health, insurance, education, commercial development, publishing, retail and a variety of other product and service industries. He has spent considerable time working on matters involving antitrust and securities law, contract and business tort claims, shareholder and other corporate governance disputes, supplier and distributor relationships, tax, consumer fraud, and food and drug law issues. He is considered an expert in handling non-compete disputes and claims for expedited injunctive relief, both as a plaintiff and a defendant.

“I devote myself to my client's cause, and work to achieve my client's objective in the most effective and efficient manner that I can. I focus on the big picture, while carefully attending to every detail.”
Mark T. Boonstra

Prior to joining the firm in 1985, Mark served as a Law Clerk to Hon. Ralph B. Guy, Jr. in the United States District Court for the Eastern District of Michigan.

Experience

Mark represented a family-owned, Michigan-based distributor of precision components used in industrial hydraulics applications. This company was the exclusive North American distributor for a Japanese supplier with whom it had maintained a long and mutually productive business relationship. Its very existence was threatened, however, when the Japanese supplier was acquired by an American conglomerate that moved quickly to terminate the exclusive distribution contract. Mark and his team filed suit, arguing that the termination violated applicable Japanese law. Initially, their arguments fell on deaf ears, and the trial court dismissed his client’s claims. But Mark and his team persevered, securing a reversal in the court of appeals and ultimately achieving a settlement that helped to re-secure the company’s future.

“We helped our clients salvage their business and secure their future, by persevering until the justice system achieved the right result.”

Reported + Published Decisions

Ward v Wilbanks, et al, 2010 WL 3026428 (E.D. Mich. July 26, 2010) (summary judgment granted to university defendants on constitutional claims by dismissed graduate student)

Fallon v Board of Regents, Case No. 07-1094-CK (Washtenaw County Circuit Court, November 6, 2008) (summary disposition granted to university defendants on former president's whistleblower and intentional infliction claims)

Mission Residential, LLC v Triple Net Properties, LLC, 654 S.E.2d 888 (Va. S. Ct. 2008) (co-counsel) (reversing multimillion dollar arbitration award on basis that LLC was a not a party to its operating agreement)

Valley National Gas, Inc. v Marihugh, __ F.Supp.2d __, 2007 WL 28552338 (E.D. Mich. October 1, 2007)

Servo Kinetics, Inc. v Tokyo Precision Instruments Co., Ltd., 475 F.3d 783 (6th Cir. 2007) (reversing summary judgment on contract claims under Japanese law)

Salcedo v Williams Chevrolet, Inc. et al, __ F.Supp.2d __, 2007 WL 1594467 (W.D. Mich. June 1, 2007)

Michigan South Central Power Agency v Constellation Energy Commodities Group, Inc., 466 F.Supp.2d 912, Util.L.Rep. P14,633 (W.D. Mich. 2006)

Granholm v Heald, 544 U.S. 460 (2005) (representing amici, with Kirkland & Ellis LLP, on remand for remedy phase), Case No. 00-71438 (E.D. Mich.)

ProNational Insurance Co. v Bagetta, 347 F.Supp.2d 469 (E.D. Mich. 2004)

Symorex, Inc. v Siemens Industrial Automation, 151 F.Supp.2d 844 (E.D. Mich. 2001), vacated August 31, 2001

Utilase, Inc. v Williamson, 188 F.3d 510, 1999 WL 717969 (6th Cir. 1999) In re Baseball Bat Litigation, 75 F.Supp.2d 1189 (D. Kan. 1999)

Adidas America, Inc. v National Collegiate Athletic Association, 64 F.Supp.2d 1097 (D. Kan. 1999)

Gateway 2000, Inc. v Kelley, 9 F.Supp.2d 790 (E.D. Mich. 1998)

Gateway 2000, Inc. v Livak, 19 F.Supp.2d 748 (E.D. Mich. 1998)

Aurora Gas Co. v Presque Isle Electric & Gas Co-op, 1996 WL 627399, Util. L. Rep. P14,119 (E.D. Mich. 1996)

Ameriwood Industries Intern. Corp. v American Cas. Co. of Reading, Pa., 840 F.Supp. 1143 (W.D. Mich. 1993), later proceeding, 1994 WL 396089 (W.D. Mich. 1994), later proceeding, 864 F.Supp. 34 (W.D. Mich. 1994)

Dry Cleaning & Laundry Institute of Detroit, Inc. v Flom’s Corp., 841 F.Supp. 212 (E.D. Mich. 1993)

In re Rospatch Securities Litigation, 760 F.Supp. 1239 (W.D. Mich. 1991)

D&N Financial Corp. v RCM Partners Ltd. Partnership, 735 F.Supp. 1242 (D. Del. 1990)

Michigan State Podiatry Association v Blue Cross and Blue Shield of Michigan, 671 F.Supp. 1139, reh. den. 681 F.Supp. 1239 (E.D. Mich. 1987) (settled on appeal)

Becherer v Merrill Lynch, Pierce, Fenner & Smith, Inc. et al., 799 F.Supp. 755 (E.D. Mich. 1992), later proceeding, 809 F.Supp. 1259 (E.D. Mich. 1992), later proceeding, 920 F.Supp. 1345 (E.D. Mich. 1996)

Burns Clinic Medical Center, P.C. v Vorenkamp, 165 Mich. App. 224 (1987), app. den., 430 Mich. 895, recons. den., 431 Mich. 877 (1988)

Professional Activities

American Bar Association
Federal Bar Association
State Bar of Michigan, Representative Assembly 2005-present; Antitrust, Franchising, and Trade Regulation Section; Chairperson, 2000-2001; Council Member, 1995-2002; 2006-2008
Michigan Supreme Court, Model Civil Jury Instructions Committee 2011-present
Michigan Judges Retirement Board 2011-2015
ICLE-Certified Mediator 2007
Washtenaw County Bar Association
Oakland County Bar Association, Task Force on Alternative Dispute Resolution 1986

Honors + Awards

Best Lawyers in America, Antitrust Law, Bet-the-Company Litigation, Commercial Litigation 2009-present; Appellate Practice, Litigation-Antitrust, Litigation-First Amendment and Litigation-Securities 2012
Michigan Super Lawyers, Business Litigation 2006
Marquis's Who's Who in America 2001
Who's Who in American Law 1989, 1993, 1998, 1999
Who's Who of Emerging Leaders in America 1991 and 1992
Who's Who Among Rising Young Americans 1992 and 1993
Strathmore's Who's Who 1999-2000
Who's Who in Practicing Attorneys 1989
Men of Achievement 1993

Civic, Cultural + Social Activities

Washtenaw County Republican Committee, Chairperson, 2008-present
Washtenaw County Apportionment Commission
Christian Montessori School of Ann Arbor, Board of Directors, 2004-2010; President, 2005-2010
Washtenaw County Economic Club, Chair, 2004-05; Vice-chair, 2003-04; Director, 1999-2009; Treasurer, 1999-2002
Ann Arbor Area Chamber of Commerce, 2002 Graduate, Leadership Ann Arbor
The Federalist Society
Webster United Church of Christ, Board of Trustees, 2004-2006

Publications

"Boonstra: What is important is fixing Michigan," (Interview), The Milan News-Leader, Heritage Newspapers, August 27, 2009

"Introducing Evidence at Trial," Contributor, (2nd Ed. 2002), (3rd Ed. 2007), Institute for Continuing Legal Education

"Michigan Legislature Amends Pre-Judgment Interest Statute," (2002) The FBA Newsletter (Eastern District of Michigan Chapter) and The Litigation Newsletter (State Bar of Michigan)

"Trade Secret Update," (2000), Michigan Trade Regulation Newsletter (State Bar of Michigan's Antitrust, Franchising and Trade Regulation Section)

"An End to Corporate Espionage? Michigan Uniform Trade Secrets Act Arrives," (1999), Hot Points

"Update of Recent Developments in Non-Compete/Trade Secret Law," (1998), Michigan Trade Regulation Newsletter (State Bar of Michigan's Antitrust, Franchsing and Trade Regulation Section)

"Antitrust Plaintiffs Beware," (1998), Michigan Trade Regulation Newsletter (State Bar of Michigan's Antitrust, Franchising and Trade Regulation Section)

"Do Non-compete Agreements Really Work?" (1998), Hot Points

"Get Ready for Court Reform," (1995), Hot Points

Speeches

"Michigan Jury Reform - What You Need to Know Now," Webinar Moderator and Faculty Member, Institute for Continuing Education, August 23, 2011