A. Michael Palizzi
Office
- T:
- +1.313.496.7645
- O:
- +1.313.963.6420
- F:
- +1.313.496.7500
Services
Education
Wayne State University Law School, J.D. 1992
Albion College, B.A. 1989
Bar Admissions
- Michigan
Court Admissions
U.S. Supreme Court
U.S. Courts of Appeal
- Third Circuit
- Sixth Circuit Court
- Federal Circuit
U.S. District Court
- Eastern District of Michigan
- Western District of Michigan
With more than 20 years of experience, Michael Palizzi specializes in complex commercial litigation, intellectual property counseling and litigation, and commercial contract disputes. Michael also has a great deal of experience in the automotive industry, and regularly assists international automotive supply companies with a wide variety of legal and business matters, from establishing best practices to negotiating commercial contracts to litigating disputes.
Michael handles complex commercial and IP disputes, and among his many victories is the largest judgment in a commercial dispute in Michigan – a $300 million dollar jury verdict. He has handled patent and trademark infringement, counterfeiting, unfair competition, non-compete, trade secret and securities disputes. Michael also represents OEM and "Tier" automotive suppliers, with considerable experience negotiating supplier contracts and litigating issues arising out of such contracts. He has handled litigation matters before several U.S. District Courts, U.S. Courts of Appeal, Michigan Circuit Courts and the Michigan Court of Appeals. He also has litigated matters before the American Arbitration Association, the New York Stock Exchange, the National Association of Securities Dealers, and the United States Patent and Trademark Office Trademark Trial and Appeal Board.
In addition to litigation, he also serves as chief outside counsel for a number of local and international companies, assisting them in a wide variety of legal and business matters. His clients include publicly traded and privately held companies in a wide range of industries. He counsels clients on various intellectual property matters, including trademark procurement and protection, licensing, brand management, trade secret protection, and the implementation of anti-counterfeiting measures.
Representative Matters
Lead counsel for multinational tier one automotive supplier in a $50 million warranty dispute alleging defective manufacture and design of turbochargers. Obtained summary dismissal of claims. Judgment affirmed on appeal to Third Circuit Court of Appeal.
Co-Lead counsel for tier one supplier defendant in pending multi-district automotive parts antitrust litigation alleging broad price conspiracy in the automotive industry.
Lead counsel for tier automotive supplier in federal case alleging breach of contract and fraud in connection with a prior settlement agreement. Obtained summary dismissal of all claims prior to discovery. Currently handling appeal pending in Sixth Circuit Court of Appeals.
Successfully represented numerous tier one and tier two automotive suppliers in dozens of commercial supply disputes in various courts and arbitration forums around the country. Claims have included breach of warranty, defective design, pricing disputes, misappropriation of trade secrets, intellectual property disputes, and “stop ship” situations.
Serves as chief outside counsel for a number of international automotive supply companies, assisting them in a wide variety of legal and business matters.
Trial counsel for Valassis Communications, Inc. in its legal battle with News America, Inc., a part of Rupert Murdoch’s News Corporation. Obtained $300 million jury verdict after an eight-week trial in July 2009, the eighth-largest jury verdict in the United States in 2009. As part of a comprehensive settlement--reached three days before the parties were scheduled to begin a second jury trial in Federal Court in Detroit--News America agreed to pay Valassis $500 million and enter into a 10-year shared mail distribution agreement with Valassis. Valassis Communications, Inc. v News America Inc., Case No. 07-706645 (Wayne County Circuit Court 2007); Valassis Communications, Inc. v News America Inc., Case No. 2:06-cv-10240 (Eastern District of Michigan 2006); Valassis Communications, Inc. v News America Inc., Case No. BC367743, (Los Angeles County Superior Court, California 2007).
Represented an AmLaw 200 firm in the successful resolution of a legal malpractice action related to a patent infringement lawsuit.
Helped Boeing enforce its trademark rights against an adult entertainment company that was using Boeing’s trademark. The Boeing Company v Top Flight Entertainment, Ltd, et al. (Eastern District of Michigan Case No. 98-722262).
Helped the owner of one of the best-known and valuable trademarks in the world investigate and bring federal criminal charges and civil litigation against a counterfeiting ring. The Coca-Cola Company v Cecil D. St. Pierre, et al. (Eastern District of Michigan case no 08-14338).
Reported and Published Decisions
American Seating Co. v USSC Group, Inc., Slip Copy, 2006 WL 2472196, (W.D.Mich., August 24, 2006) (No. 01-00578)
PHD Michigan, L.L.C. v Outfitters Ass'n of America, Slip Copy, 2006 WL 2042515, RICO Bus.Disp.Guide 11,120, (E.D.Mich., July 20, 2006) (No. 04-73964)
American Seating Co. v USSC Group, Inc., 2006 WL 839093, (W.D.Mich., March 27, 2006) (No. 01-00578)
Royal Ins. Co. of America v Orient Overseas Container Line Ltd., 408 F.Supp.2d 415, 2005 A.M.C. 2820, (E.D.Mich., September 29, 2005) (No. 03-72574)
Jewish War Veterans' Memorial Home Ass'n v Jewish War Veterans of U.S., 376 F.Supp.2d 743, (E.D.Mich., June 30, 2005) (No. Civ. 03-40136)
Jewish War Veterans' Memorial Home Ass'n v Jewish War Veterans of U.S., 311 F.Supp.2d 600 (E.D.Mich. Mar 30, 2004) (NO. CIV. 03-40136)
Melea Limited v Quality Models Ltd., 345 F.Supp.2d 743 (E.D.Mich. Nov 12, 2004) (NO. CIV. 03-71338)
Melea Ltd. v Quality Models Ltd., 274 F.Supp.2d 909 (E.D.Mich. Jul 30, 2002) (No. CIV.A. 03-71338)
Gateway 2000, Inc. v Livak, 19 F.Supp.2d 748 (E.D.Mich. Aug 28, 1998) (No. CIV. A 98-72034)
Gateway 2000, Inc v Kelley, 9 F.Supp.2d 790 (E.D.Mich. Jul 06, 1998) (No. CIV. A. 98-71746)
Honors
Managing Intellectual Property IP Stars, 2015
Best Lawyers in America, Commercial Litigation; Litigation-Intellectual Property Law 2010-present; 2013 Detroit Litigation-Intellectual Property Lawyer of the Year
Benchmark Litigation, Guide to America’s Leading Litigation Firms and Attorneys, 2010-present
Michigan Super Lawyers, Business Litigation, 2009-present
Dbusiness Top Lawyers, Commercial Litigation and Intellectual Property Law, 2012
Litigation Counsel of America, Fellow
Professional Activities
Federal Bar Association, Complex Litigation Committee Co-Chair
American Bar Association, Intellectual Property Litigation Committee
State Bar of Michigan
Detroit Metropolitan Bar Association
Speeches
"Tech Talk," Birmingham Bloomfield Chamber, Investepreneur Forum, Birmingham, Michigan, November 16, 2010
Guest speaker on "Due Process," an award-winning television program aired throughout Southeastern Michigan on NBC affiliate, WDIV. Segment topic: "Securities Fraud" January 2004; March 2008
"Optimize Your Litigation Position (Risk Assessment, Third-party Relations, and ADR)" sponsored by Miller Canfield, Troy, Michigan, April 14, 1998
Publications
"How Gunn v Minton Will Impact Patent Malpractice Cases," (co-author Jeffrey Drake), Law360, February 22, 2013
"The Confusion Continues over Key Word Confusion," (Co-author Michael C. Simoni), American Bar Association, Intellectual Property Law Section, Landslide, September/October 2012
"Government Acts to Curb Knockoffs and Counterfeits," Hot Points, Fall 2005
"The Current (and Confusing) State of the Doctrine of Initial Interest Confusion," American Bar Association Intellectual Property Litigation Journal, Spring, 2004
Niesig v Team I, Interpreting ex parte Communication with Corporate Employees," 38 Wayne Law Review 327, Fall, 1991
