A. Michael Palizzi

Media and Marketing Services Company Antitrust Action

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).

Multi-Jurisdictional Trade Secret Dispute

Lead counsel for publicly traded company and related entities and individuals in a multi-jurisdictional dispute between competitors in the world of high-end collector automobile auctions, private sales, and financing. The dispute spanned five separate lawsuits pending in three different courts in two states. The parties asserted a variety of claims against each other, including misappropriation of trade secrets, breach of contract, breach of fiduciary duty, aiding and abetting breaches of fiduciary duty, unfair competition, violation of the Delaware Uniform Deceptive Trade Practices Act, violation of the Michigan Consumer Protection Act, violation of the Indiana Deceptive Consumer Sales Act, tortious interference, civil conspiracy, and fraudulent inducement. The cases settled on confidential terms.

Counterfeit Medical Product Lawsuit

Secured the dismissal of a years-long $100 million federal lawsuit against a Dutch medical supply company that was falsely accused of selling diabetic test strips that had been repackaged in counterfeit U.S. packaging. 

Multi-Million Dollar Fiduciary Duty and Conspiracy Case

Lead counsel for global manufacturer of optical systems and optoelectronics in a multi-faceted lawsuit in Delaware Chancery Court. Co-investors in a tech startup that is developing an artificial retina asserted 13 different claims against nine different defendants, including companies domiciled in Hungary, the United Kingdom, Germany, and Israel. Successfully argued motion to dismiss, which resulted in a complete dismissal of all the claims that had been asserted against our client.

Multi-Million Dollar Trademark and False Advertising Pillow Fight

Lead counsel for pillow manufacturer accused in two federal lawsuits of infringing trademarks owned by My Pillow, Inc., the company made famous by its television infomercials. Obtained dismissal of My Pillow's false advertising claims and asserted counterclaims of false advertising and unfair competition based on My Pillow's advertising statements about the medical benefits of its pillows and its reliance on a purported sleep study. Cases settled on confidential terms and resulted in a permanent injunction enjoining My Pillow from making various medical claims in its advertising.

Patent Infringement Litigation

Defended a global optoelectronics manufacturer of low- and high-power LEDs in a contentious patent infringement lawsuit. After a weekslong trial, the jury returned a verdict that the asserted claims in the patents were invalid due to obviousness. 

Warranty Dispute Summary Judgment

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.

Automotive Antitrust Litigation

Co-Lead counsel for tier one supplier defendant in multi-district automotive parts antitrust litigation alleging broad price conspiracy in the automotive industry.

Breach of Contract Automotive Appeal

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.

Commercial Supply Arbitration

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.

International Automotive Supply Counsel

Serves as chief outside counsel for a number of international automotive supply companies, assisting them in a wide variety of legal and business matters.

Law Firm Professional Malpractice Defense

Represented an AmLaw 200 firm in the successful resolution of a legal malpractice action related to a patent infringement lawsuit.

Commercial Jetliner Manufacturer Trademark Case

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).

Global Beverage Manufacturer Trademark and Counterfeiting Investigation

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).

Antitrust – Automotive Supplier

Counsel for an international auto supplier in multi-district class actions alleging price fixing and market allocation.

Stop-Shipment Litigation

Represented numerous OEM and tier automotive suppliers in stop-shipment lawsuit.

Automotive Supplier Warranty Litigation

Successfully represented a multinational automotive supplier in a $50 million warranty dispute.

"Anatomy Of a Trial, a Full Day Trial Skills Seminar," Federal Bar Association, Panelist and Moderator, Theodore Levin U.S. Courthouse, Detroit, Michigan, October 2022

"Understanding Automotive Supply Contracts – Best Practices and Common Issues Under the Uniform Commercial Code," private seminar sponsored by Miller Canfield, Detroit, Michigan, September 2022

"Multi-District Ligation – Best Practices Seminar," Federal Bar Association, Moderator of Judicial Panel, Remote Presentation, August 2021

"Navigating Copyright, Trademark, and False Advertising Law – What Creatives Should Know," CultureSource member association, Detroit, Michigan, October 2019

"Protecting Your Competitive Edge: Intellectual Property 101," Public Relations Society of America – Detroit Chapter, December 2019

"Trademark and Advertising Best Practices," private seminar sponsored by Miller Canfield, Troy, Michigan, January 2018

"Creative Alternatives to Full Trial and Best Practices for Complex Litigation," Federal Bar Association, Moderator of Judicial Panel, Theodore Levin U.S. Courthouse, Detroit, Michigan, December 2017

"Dealing With the Uncivil Lawyer," Federal Bar Association, Moderator of Judicial Panel, Theodore Levin U.S. Courthouse, Detroit, Michigan, June 2016

"Federal Litigation Best Practices Judicial Panel," Federal Bar Association, Moderator, Theodore Levin U.S. Courthouse, Detroit, Michigan, January 2015

"Creating an Effective Trial Presentation in Complex Cases," Federal Bar Association, Theodore Levin U.S. Courthouse, Detroit, Michigan, November 2013

"Best Practices for Pretrial Proceedings in a Complex Case," Federal Bar Association, Moderator of Judicial Panel, Theodore Levin U.S. Courthouse, Detroit, Michigan, November 2012

"Settling a Complex Case," Federal Bar Association, Theodore Levin U.S. Courthouse, Detroit, Michigan, March 2012

"Tech Talk," Birmingham Bloomfield Chamber, Investepreneur Forum, Birmingham, Michigan, November 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 1998