- Litigation and Dispute Resolution
- Public Finance
Harvard Law School, J.D., 1994
University of Michigan, B.B.A.
- District of Columbia
U.S. Court of Appeals
- Sixth Circuit
U.S. District Courts
- District of Columbia
- Eastern District of Michigan
- Western District of Michigan
With more than 20 years of experience, Soni Mithani focuses her practice on complex commercial litigation matters with an emphasis on commercial torts and business disputes, non-compete and trade secret litigation, consumer credit litigation, construction litigation, real-estate litigation, municipal litigation and securities litigation. She has experience working on several class action matters, including claims involving consumer products. Her diverse caseload requires her to appear before state and federal courts at both the trial and appellate levels.
General Business and Complex Commercial Litigation
Soni maintains a broad general commercial litigation practice that encompasses cases ranging in value from seven-to-nine figures. Her cases include disputes over the enforcement of non-compete and confidentiality provisions, insurance coverage work, securities litigation and scores of business-to-business breach of contract and breach of warranty matters. Her commercial litigation practice covers matters not only in trial courts but appellate courts, as well, where she has frequently obtained favorable decisions either reversing or upholding trial court rulings. She also provides general legal advice to several clients including large corporations, governmental entities, mid-size businesses, private schools and non-profit organizations.
Real Estate and Construction Litigation
Soni represents entities in disputes involving real estate, including lien enforcement actions, lease disputes, eminent domain actions and actions to quiet title. She also represents owners and contractors involved in construction disputes. Her construction practice involves trial and appellate litigation and larger-scale arbitrations involving claims for liquidated damages, negligent design, recovery under the Spearin doctrine, delay, inefficiency, acceleration, schedule compression, changed conditions and contract abandonment.
Soni has handled cases on behalf of a variety of municipal entities including bond-related disputes, actions to enforce consent judgments against municipalities, and claims involving the Open Meetings Act. She is also well-versed in defending challenges to imposed utility fees based on the theory that the fees are impermissibly-assessed taxes.
False Claims Act/Qui Tam Litigation
Soni represents various entities and individuals who have been sued for allegedly violating federal and state false claims acts. She has defended against these qui tam claims in federal district and appellate courts. In this capacity, she has successfully defended against several multi-million dollar claims for damages. She has also obtained dismissal of the complaints prior to protracted litigation. She has also counseled clients in connection with issues concerning the Anti-Kickback Law and the Stark Law, along with other fraud and abuse issues.
Soni represents healthcare entities (including nursing homes, diagnostic groups, hospitals and DME suppliers) and healthcare practitioners (including physicians, pharmacists and nurses) in a variety of matters ranging from licensing investigations, contract disputes, peer review hearings, challenges to medical staff decisions, government investigations, claims for reimbursement and responses to subpoenas requesting information or testimony. She has worked with physician groups and other healthcare entities to ensure that they are properly reimbursed by payors for work performed. She has also successfully defended hospitals against claims brought by physicians alleging wrongful termination of privileges.
Successfully tried and defended the City of Detroit against a potential class action lawsuit that drew international attention by challenging the City’s program of shutting off water to non-paying customers.
Successfully defended the non-competition provision of a multi-million dollar physician group's shareholder agreements, obtaining a favorable settlement for the client prior to a trial on damages.
Served as lead trial counsel defending a billion-dollar construction management company against a $20 million construction claim brought in a multi-party arbitration.
Successfully defended a client sued by a “whistleblower” under the False Claims Act for damages and penalties totaling more than $10 million. Based on an early and vigorous defense of the claims, Soni was able to convince the federal government to decline intervention. Ultimately, the case was immediately dismissed after it was unsealed.
Represented a major North American supplier of food and industrial starches against breach of warranty claims and successfully obtained summary judgment on all counts – a decision that was affirmed on appeal in the United States Court of Appeals for the Sixth Circuit.
Defended a Michigan-based company against a putative class action lawsuit brought by consumers under the Fair Credit Reporting Act. Prior to class certification, she was able to resolve the dispute on favorable terms that were significantly less than the anticipated exposure from a trial on the merits.
Harvard Law School, J.D., cum laude
University of Michigan, B.B.A., with high distinction, Phi Beta Kappa
Michigan Super Lawyers, Civil Litigation Defense 2011-present; 2012 Top 50 Women Michigan Super Lawyers; Rising Star 2008
Best Lawyers in America, Commercial Litigation 2009-present, Real Estate Litigation and Construction Litigation 2012-present
American Bar Foundation, Fellow
Michigan State Bar Foundation, Fellow
Litigation Counsel of America, Fellow
American Bar Association, 1995-present, Forum on the Construction Industry, 2011
State Bar of Michigan, 1994-present, District G Character and Fitness Committee, 2004-2009, Standing Committee on Character & Fitness, Advisory Member, 2011-present
District of Columbia Bar Association, 1996-present
Washtenaw County Bar Association, 1999-present, Board of Directors, 2004-2006; Judiciary Committee, 2001-2004; Co-chair, 2003-2004
Civic, Cultural & Social Activities
Ozone House, Board of Directors, 2013-present, Vice President of the Board of Directors, 2015-present
Washtenaw Community College Foundation, Board of Directors, 2007-2013
2004 Democratic National Convention, At-Large Delegate
Neighborhood Senior Services, Ann Arbor, MI, Board of Directors, February 2001-April 2006; Secretary, January 2003-December 2004; Chair, January 2004-April 2006; Marketing Committee, 2006
Ann Arbor Hands-On Museum, Ann Arbor, MI, Board of Trustees, October 2002-September 2008
Ann Arbor City Housing and Human Services, Advisory Board, 2008-2013
Leadership Ann Arbor, 2001 Graduate
Ann Arbor Summer Festival, Board of Trustees 2014-2016
“What to Expect From Michigan’s Revised Uniform Arbitration Act” (co-author Caroline B. Giordano), State Bar of Michigan Litigation Newsletter, Summer 2013.