Education
Harvard Law School, J.D., 1994
University of Michigan, B.B.A.
Bar Admissions
- District of Columbia
- Michigan
Court Admissions
U.S. Court of Appeals
- Sixth Circuit
U.S. District Courts
- District of Columbia
- Eastern District of Michigan
- Western District of Michigan
Recognized by Michigan Lawyers Weekly as one of 2017's "Women in the Law" and named by Crain's Detroit Business as one of its "Notable Women in the Law" for 2019, Soni Mithani has more than 25 years of experience litigating complex commercial and governmental litigation matters, with an emphasis on non-compete and trade secret litigation, consumer class action litigation, construction litigation, real estate litigation, and municipal litigation, including several class action matters challenging the constitutionality of municipal fees. She also serves as the firm's General Counsel.
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.
Municipal and Headlee Amendment Litigation and Counseling
Soni has handled cases on behalf of a variety of municipal entities including bond-related disputes, actions to enforce consent judgments against municipalities, ballot challenges, 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 under the Michigan Constitution, having handled in the last five years more than a dozen cases brought against municipalities under the Headlee Amendment. She has also handled several claims challenging the reasonableness and appropriateness of municipal rates and fees under state and federal law and has counseled communities regarding the legality of their ordinances and rate setting methodologies.
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.
Health Care Litigation
Soni represents health care entities (including nursing homes, diagnostic groups, hospitals and DME suppliers) and health care 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 health care 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.
Representative Matters
Defended a municipality in a class action lawsuit requesting water and sewer fee refunds in excess of $30 million, obtaining summary judgment in favor of the municipality.
Defended the City of Detroit against purported class action claims seeking more than $150 million in drainage charge refunds by obtaining a ruling that the City's drainage charge is a valid user fee and not an unlawful tax under the Headlee Amendment.
Successfully defended a municipality against $70 million in claims challenging sewer rates under the Headlee Amendment by obtaining summary judgment dismissing the claim and reaching a successful settlement of the lawsuit prior to rehearing/appeal for approximately $2 million.
Successfully defended a municipality against claims asserting more than $20 million in refunds based on the alleged unlawful assessment of taxes without voter approval under the Headlee Amendment, prevailing both at the lower court and on appeal before the Michigan Supreme Court.
Successfully defended a publicly traded savings bank in federal class action litigation challenging the bank's overdraft and payment ordering processes and alleging millions of dollars in damages. Obtained dismissal and/or summary judgment of all tort, contract and statutory claims filed against the bank and upheld summary judgment ruling on appeal.
Successfully tried and defended the City of Detroit against a potential class action lawsuit that drew international attention regarding 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.
Honors
State Bar of Michigan Pro Bono Honor Roll, 2020-present
Crain's Detroit Business, Notable Women in the Law, 2019
Best Lawyers in America, Ann Arbor Real Estate Litigation Lawyer of the Year, 2019, 2021 & 2023; Ann Arbor Construction Litigation Lawyer of the Year, 2019 & 2024; Recognized for Commercial Litigation, 2009-present & Real Estate Litigation and Construction Litigation, 2012-present
Michigan Super Lawyers, Civil Litigation Defense, 2011-present; Business Litigation, 2024; Top 50 Women Michigan Super Lawyers, 2012 & 2023; Rising Star, 2008
DBusiness Magazine, Top Lawyers, Commercial Litigation & Construction Litigation, 2020-present
Leading Lawyers, Law Bulletin Media, 2018-2019
Michigan Lawyers Weekly, Women in the Law, Class of 2017
American Bar Foundation, Fellow
Michigan State Bar Foundation, Fellow
Litigation Counsel of America, Fellow
Harvard Law School, J.D., cum laude
University of Michigan, B.B.A., with high distinction, Phi Beta Kappa
Professional Activities
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, Advisor Member, 2011-2020, Regular Member, 2020-2022, Presiding Member, 2022-present; Government Law Section Council, Member, 2017-present, Secretary-Treasurer, 2020-2021, Vice Chair, 2021-2022, Chair, 2022-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, 2013-2022; President of the Board of Directors, 2017-2019, 2020-2021
Ann Arbor Summer Festival, Board of Trustees, 2014-2016
Ann Arbor City Housing and Human Services, Advisory Board, 2008-2013
Washtenaw Community College Foundation, Board of Directors, 2007-2013
Ann Arbor Hands-On Museum, Ann Arbor, MI, Board of Trustees, October 2002-September 2008
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
2004 Democratic National Convention, At-Large Delegate
Leadership Ann Arbor, 2001 Graduate
Speeches
"Refresher Course on Ethics for In-House Counsel," Sponsored by Miller Canfield, Findlay, Ohio (November 29, 2017)
"Do You Have a Bolt Problem?," Michigan Association of Municipal Attorneys/Public Corporation Law Section of the Michigan State Bar Summer Education Conference (June 24, 2016)
"Do You have a Bolt Problem?," Michigan Municipal League Annual Convention (September 15, 2016)
"False Claims Act Liability: The Basics," Association of General Contractors 95th Annual Convention (March 4, 2014)
"Legal Issues Surrounding Stormwater Utilities in Michigan," Gray Skies No More: New Opportunities for Funding Your Aging Sanitary & Stormwater Systems, OHM Advisors Lunch & Learn (September 25, 2012)
"Preserving + Enforcing Non Competition Provisions in Michigan," Sponsored by Miller Canfield, Troy, Michigan (March 7, 2012)
Publications
"Litigation Issues for the Prime Contractor," Green Building and the Construction Lawyers: A Practical Guide to Transactional and Litigation Issues, American Bar Association Forum on the Construction Law (2014)
"What to Expect From Michigan's Revised Uniform Arbitration Act" (co-author Caroline B. Giordano), State Bar of Michigan Litigation Newsletter (Summer 2013)