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Todd A. Holleman

Principal
Chicago Co-Resident Director

Offices

T:
+1.313.496.7668
O:
+1.312.460.4200
F:
+1.312.460.4201
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+1.313.963.6420
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+1.313.496.7500
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Education

Wayne State University Law School, J.D., 1999

Grand Valley State University, B.B.A. 1990

Bar Admissions

Court Admissions

U.S. Court of Appeals

  • Third Circuit
  • Sixth Circuit

U.S. District Courts

  • Eastern District of Michigan
  • Western District of Michigan
  • Northern District of Ohio
  • Eastern District of Wisconsin
  • Northern District of Illinois

Todd has a broad base of litigation and appellate practice experience in state and federal courts. He has the ability to isolate issues that get the court’s attention and make concise and persuasive arguments that a court finds convincing, and he obtains results efficiently.  He has tried cases to juries in Chicago, Cleveland and Detroit and regularly appears in courts and arbitrations in Illinois, Michigan and Ohio. 

Todd has specific expertise in defending large publicly held corporations and their officers and directors against class action and individual claims by shareholders in connection with mergers or acquisitions or the purchase or sale of securities as well as prosecuting and defending against claims for minority shareholder oppression arising from smaller closely held companies. He is a member of the Securities Industry Financial Markets Association (“SIFMA”) and regularly and successfully has defended retail securities brokers and brokerage firms against claims by customers in arbitration held before the Financial Industry Regulatory Authority (FINRA) or the American Arbitration Association (AAA). He also has expertise in defending against and pursuing claims by brokerage firms related to the violation of noncompete and nonsolicitation agreements.

In addition, Todd has extensive experience representing domestic and foreign companies and individuals in commercial disputes. He has pursued and defended against claims related to complex business contracts covering a wide variety of subject matter, including automotive supply agreements governed by the Uniform Commercial Code, and he regularly defends against and pursues claims for the payment of sales commissions. He is regularly sought out and selected to be local counsel in cases pending in Michigan and Illinois by larger international law firms including, among others, Kirkland & Ellis, LLP; Willkie, Farr & Gallagher, LLP; White & Case, LLP; Sidley & Austin, LLP; McDermott, Will & Emery, LLP; Blank Rome, LLP; and Wachtel, Lipton, Rosen & Katz, LLP. As the firm’s delegate to the Force Network of law firms, he also has a wide range of contacts in Europe, South America, Asia and the Middle East to assist you with any need you have for legal services outside the United States. 

Representative Matters

Todd recently defended a large Illinois health care system against a supplier’s claim in arbitration for breach of a contract for the leasing of cleaning supplies, rugs, and linens used by numerous hospital facilities. After months of preparation involving the review of thousands of pages of documents and interviews with the managers and staff from each facility, Todd effectively distilled all of the information into a succinct presentation to the arbitrator resulting in a total victory after an evidentiary hearing covering several days.  The arbitrator’s award denied all but a de minimus amount of the supplier’s claim and, significantly, included an award to the health care system of all the attorneys’ fees and costs incurred by it. 

Todd’s comprehensive litigation and appellate experience includes:

The representation of financial advisers, financial institutions and brokerage firms, including Edward Jones, Morgan Stanley Wealth Management, Merrill Lynch, Comerica Securities, TIAA-CREF, Baird.  Todd has a very successful record defending against claims by retail clients in arbitration, assisting with complicated probate court litigation matters, responding to garnishments and subpoenas and pursuing and defending against claims based on non-compete agreements in courts and arbitration.

Representation of a national self-storage company in numerous matters in Michigan, Ohio and Illinois involving the enforcement of lease agreements with customers and in premises liability cases.

Representation of a national equipment leasing and financial services firm to enforce customer lease agreements and register and enforce judgments on Michigan, Ohio and Illinois.

Representation of the acquirers of Tecumseh Products Company against claims by Tecumseh shareholders of aiding and abetting an alleged breach of fiduciary duty by the officers and directors of Tecumseh. Saggio v. Mueller Industries, Inc. et al. (State of Michigan, Washtenaw County)

Chairman of the Small and Regional Local Exchange Company Steering Committee in Mult-District Litigation involving a challenge by large wireless carriers to fees paid by or charged to them by local exchange companies for access to their networks for wireless calls. In re IntraMTA Switched Access Charges Litigation  (Northern District of Texas).

Representation of the acquirer of Compuware, Inc. against shareholder challenges to the acquisition. Prevailed in the trial court and obtained a resolution in one case and a dismissal in the second. Also representation of the acquirer on appeal against challenges by an objecting and intervening shareholder. In re Compuware Shareholder Litigation and Karmanos v. Bedi et al. (State of Michigan, Wayne County Circuit Court)

Representation of a chemical product manufacturer asserting claims trade secret claims against a former employee and his new employer. PolyOne Corporation v. Lu et al. Northern District of Illinois).

Representation of the Canadian acquirer of ITC Holdings Corporation against claims by shareholders of aiding and abetting an alleged breach of fiduciary duty by the officers and directors resulting in a dismissal of the complaint. In re ITC Holdings Corp. Shareholder Litigation (State of Michigan, Oakland County Circuit Court).

Representation of an independent automotive supplier sales representation firm in numerous disputes pending in arbitration and court over unpaid or withheld commissions on sales procured by the firm on behalf of the supplier.

Representation of minority shareholders in a dispute over the control of a closely held corporation resulting in a favorable settlement and resolution. Bierkle v. Bierkle (State of Michigan, Oakland County Circuit Court).

Representation of major automotive manufacturers in the development and application of supplier terms and conditions and subsequent litigation with suppliers to avoid interruptions in the supply of parts and/or the ownership of tooling.

Representation of an off-lake lot owner in a dispute with the subdivision association and lakefront lot owners regarding lake access. Wiemann v. Randall (State of Michigan, Oakland County Circuit Court).

Representation of a major tier one automotive supplier in a dispute with a tier two supplier over allegations of breach of contract and unjust enrichment arising from the development and sale of a heads up display unit for General Motors. Nartron v. Panasonic, (Western District of Michigan).

Representation of a major conglomerate in litigation with a former executive over his claim for supplemental employee retirement plan benefits after a change in control and bankruptcy of the acquiring company. Meyers v. TriMas (Eastern District of Michigan).

Representation of Kaydon Corporation against shareholder claims of an alleged breach of fiduciary duty by its officers and directors arising from an announced acquisition by a third party company. Macomber v. Kaydon Corp. et al. (State of Michigan, Washtenaw County Circuit Court).

Multi-state representation of Rite Aid, Inc. defending against a class action, qui tam, and attorney general complaints about the pricing and sale of generic prescription drugs resulting in a dismissal of all claims in Michigan, affirmed on appeal to the Michigan Supreme Court, and a positive settlement in West Virginia. State of West Virginia v. Rite Aid of West Virginia (State of West Virginia, Boone County Circuit Court); Gurganus v. Rite Aid of Michigan (State of Michigan, Kent County Circuit Court).

Representation of an executive of a major Fortune 500 corporation and also a highly successful businessman against claims of insider trading by the SEC resulting in a favorable settlement in one matter and no charges brought in the second. 

Defense of Flagstar Bank and its officers and directors in several consolidated federal and state court class action securities and derivative cases arising from the announced settlement of a United States Department of Justice complaint alleging improper underwriting practices on federally guaranteed loans. Rosenfeld v. Flagstar Bank (State of Michigan, Oakland County Circuit Court).

Representation of a Dutch coffee maker manufacturer in a dispute with an Oregon-based distributor over the distribution agreement terms and conditions and the return of allegedly defective products. Technivorm,B.V. v. Boyd Coffee Company (District of Oregon).

Representation of an automotive supplier in patent litigation over the bladder system used to gauge the weight of the occupant in the passenger seat for the purpose of determining airbag deployment. Methode v. Delphi (Eastern District of Michigan).

Representation of a foreign and leading international manufacturer of laminate flooring against claims by the bankruptcy estate of a customer. In re Laminate Kingdom, LLC (Bankr. Southern District Florida).

Representation of Tecumseh Products, Inc. in a dispute with its founding family and controlling shareholders related to the control and management of the company that included expedited discovery, numerous court hearings, and appellate court proceedings.  Herrick Foundation v. Tecumseh Products, Inc. (State of Michigan, Lenawee County Circuit Court).

Representation of a major automotive supplier in a warranty dispute with its large truck manufacturer customer over allegedly defective turbochargers which resulted in a complete dismissal of the complaint, which the Third Circuit of Appeals affirmed. Mack v. BorgWarner (Eastern District of Pennsylvania).

Counsel to Simon Property Group in litigation with Taubman Centers arising from a tender offer, applying the Michigan Control Share Act and seeking injunctive and other relief related to a shareholder vote on the offer.  Simon Property Group, Inc. v. Taubman Centers, Inc. (Eastern District of Michigan). 

Defense counsel in 17 consolidated securities class actions and in a derivative action in state court challenging the propriety of so-called “round-trip trading” of energy contracts. Two companion ERISA class actions and investigations by the DOJ, SEC and CFTC. CMS Energy Corporation Securities Litigation (Eastern District of Michigan).

Defense counsel in several consolidated securities class actions asserted by shareholders against a large financial institution alleging fraud and conspiracy arising from a quarterly restatement of earnings and a related SEC proceeding. Comerica Securities Litigation (Eastern District of Michigan).

Honors

Best Lawyers in America, Commercial Litigation 2013-present

Michigan Super Lawyers, Business Litigation 2013-present

American Bar Foundation, Fellow

Michigan State Bar Foundation, Fellow

BTI Client Service All-Star Team, 2013

Michigan Super Lawyers, Rising Star 2008

Michigan Lawyers Weekly, Named one of five "2004 Up and Coming Lawyers"

Judicial Law Clerk for Michigan Supreme Court Justice Marilyn J. Kelly 1999-2000

Judicial Intern for the Honorable Lawrence P. Zatkoff, United States District Court for the Eastern District of Michigan 1998

Wayne State University Law School, summa cum laude

Assistant Editor, Wayne Law Review, 1998-99

Grand Valley State University, magna cum laude

Professional Activities

American Bar Association Section of Litigation 1999-present: Social Media Committee, Co-Chair 2014-present; Advance Planning Leadership Committee 2010-2013; Appellate Practice Committee, Co-Chair 2007-2010

Federal Bar Association, 2008-present

State Bar of Michigan, 1999-present

State Bar of Ohio, 2005-present

State Bar of Illinois, 2012-present

Detroit Metropolitan Bar Association, 2005-present; Inns of Court 2012

Securities Industry and Financial Markets Association

Civic, Cultural & Social Activities

School Board of Franklin Road Christian School 2009 - Present

Board of Deacons of Brightmoor Christian Church 2007-2016

Actor at Christmas and Easter at Brightmoor musical performances 2006 - Present

Speeches

"Understanding Your Options for Raising Capital in Michigan", Michigan Department of Licensing and Regulatory Affairs (LARA), August 2015

"Michigan Arbitration Act," Michigan Defense Trial Council 2014 Annual Meeting and Conference, Detroit, Mich., May 15, 2014

"Win-Win Michigan: SEC Whistleblower Program," (Video, with Matthew Allen), Crain's Detroit Business, July 2013

"Off Wall Street: Pre-IPO Investing and the Future of Private Placement Trading," Michigan State University College of Law Journal of Business and Securities Law program, Lansing, Mich., February 15, 2013

"Litigating a Memorandum of Understanding/Letter of Intent," (Panelist), The Pitfalls of Cross-Border Joint Ventures Transaction and Litigation Risks, Union of International Advocates, Park City, UT, March 1, 2010

"May It Please The Court: Oral Advocacy Do's and Don'ts," Moderator, Litigation Section, 2009 American Bar Association Annual Conference, Atlanta, Georgia, April, 2009

"Understanding the Legal Process," National Association of Credit Management's Credit Congress and Exposition, Las Vegas, NV, June 2007

"Punitive Damages after Philip Morris USA v. Williams," Program Moderator, Litigation Section, 2007 American Bar Association Annual Conference, March 2007

"What the Movies Teach about Appellate Advocacy," Panelist,  American Bar Association, Section of Litigation, August 6, 2006

"Report from the Securities Industry and Financial Markets Association (SIFMA) 2007 Seminar, Miller Canfield Before the Bell Breakfast Forum for Registered Representatives, April 26, 2007

"Marbury v. Madison II--The President's Power to Detain and Prosecute Prisoners in the War on Terrorism," Chairperson, American Bar Association, 2004 annual meeting

"Chat Rooms and Instant Messaging," Miller Canfield Before the Bell Breakfast Forum for Registered Representatives, November 11, 2004

"Internet Resources for Registered Representatives," Miller Canfield Before the Bell Breakfast Forum for Registered Representatives, May 13, 2004

"Current Developments on Sarbanes-Oxley," Miller Canfield Before the Bell Breakfast Forum for Registered Representatives, February 12, 2004

"Sarbanes-Oxley: If the Sox Don't Fit, You Must Acquit!," Miller Canfield Before the Bell Breakfast Forum for Registered Representatives, August 14, 2003

Publications

"The Future of Disclosure-Only M&A Class Action Settlements in Michigan Post-Trulia," Co-author with Robert Murkowski, Re-published in the Michigan State Bar Journal, August 2017

"The Future of Disclosure-Only M&A Class Action Settlements in Michigan Post-Trulia," Co-author with Robert Murkowski, The Michigan Business Law Journal, Spring 2017

"To appeal or to settle? That is the question." Hot Points, Summer 2008

"Cases on Appeal Present New Opportunities to Settle," Midwest In-House, March 2008

"Settlement of Cases on Appeal," ABA Section of Litigation Appellate Practice Journal, Winter 2008

Articles