- Banking and Finance
- Intellectual Property
- Litigation and Dispute Resolution
Wayne State University Law School, J.D., 2009
Eastern Michigan University, B.S. 2006
Eastern District of Michigan
Western District of Michigan
Southern District of New York
U.S. Court of Appeals for the Sixth Circuit
Robert E. Murkowski is a senior attorney in the firm’s Litigation and Dispute Resolution Group and a co-leader of the firm’s Automotive industry practice group.
Robert represents clients in various complex commercial, corporate, antitrust, class action, contract, non-compete/NDA, sales commission/sales representative, intellectual property, trade secret, construction, securities, insurance, professional liability, fraud, tort, product liability, premises liability, asbestos, no-fault, and criminal defense matters in both federal and state courts and arbitrations.
As a Co-Leader of the firm’s Automotive industry practice group, Robert regularly represents Original Equipment Manufacturers (OEMs) and tiered automotive suppliers in negotiating and litigating automotive supply disputes, stop-ship situations, sales commission/sales representative claims, warranty or indemnification matters, resourcing, insolvencies, pricing and tooling disputes, terms and conditions, contracting and supply chain risks, and other issues involving the Uniform Commercial Code (UCC). Robert currently serves as counsel to the Original Equipment Supplier Association (OESA), an organization representing automotive industry suppliers.
He also specializes in corporate and shareholder disputes involving minority shareholder or member oppression, class actions, derivative claims, Special Litigation Committees, director and officer liability, fiduciary duties, and other corporate issues. Robert has experience defending securities brokers and financial advisors against claims before the Financial Industry Regulatory Authority (FINRA), class actions, SEC enforcement actions, and other criminal or regulatory investigations. Additionally, Robert is a member of the firm’s Intellectual Property Group, and has litigated a variety of patent, trademark, and trade secret disputes.
Michigan Super Lawyers has named Robert as one of their "Rising Stars" in Business Litigation every year since 2013. He was also named an “Up & Coming Lawyer” by Michigan Lawyers Weekly in 2015, and a Top lawyer by dBusiness Magazine. Robert is active in state and federal bar associations, and is a member of the Board of Directors of the Detroit Bar Association, a Council Member for the State Bar of Michigan’s Antitrust, Franchising & Trade Regulation Section, and holds leadership positions with the American Bar Association and Michigan Defense Trial Counsel (MDTC).
Prior to joining Miller Canfield, Robert worked in the United States Attorney’s Office in Detroit, and was a judicial intern for the Honorable Arthur J. Tarnow of the U.S. District Court for the Eastern District of Michigan.
Persuaded federal court to dismiss multi-million dollar product liability claim for lack of personal jurisdiction over foreign corporation.
Persuaded federal court to dismiss RICO/fraud action based upon allegations of improper billing, persuaded arbitrator to dismiss claims.
Persuaded trial court to grant motion for summary disposition for lack of personal jurisdiction over out-of-state trustees to personal trust.
Persuaded trial court to grant motion for summary disposition for failure to state a claim for alleged violation of Michigan’s Bullard-Plawecki Employee Right-to-Know Act.
Persuaded trial court to deny plaintiff’s request for temporary restraining order for alleged misappropriation of trade secrets.
Obtained denial of plaintiff’s request for temporary restraining order in stop-shipment lawsuit seeking injunction for continued shipment of goods
Obtained dismissal of RICO claims and displacement of state court common law claims based on Michigan Uniform Trade Secrets Act.
Represented City of Detroit in investigation and civil litigation relating to alleged criminal enterprise, persuaded court to permit City of Detroit to intervene and rule that municipality’s tort claims against Defendants belonged to the City of Detroit, and obtained eight-figure settlement on behalf of the City of Detroit.
Persuaded federal court to dismiss Petroleum Marketing Practices Act (PMPA) claims and obtained summary judgment in state court on breach of contract counterclaim.
Successfully obtained injunction preventing disclosure of confidential information in violation of non-disclosure agreement.
Defended third-tier automotive supplier in stop-shipment lawsuit seeking injunction for continued shipment of goods, successfully persuaded court to deny preliminary injunction and obtained favorable settlement.
Successfully represented large automotive supplier and obtained order denying issuance of injunction for supply of automotive parts.
Successfully represented large automotive supplier in multi-million dollar competitiveness dispute.
Represented public school district in its lawsuit seeking to recover millions of dollars of funds which the school district paid to various vendor defendants that did not have authorized contracts. Assisted in successfully securing eight-figure settlement for the district and multi-million dollar judgments.
Represented major financial firm and obtained injunction preventing disclosure and solicitation of firm's clients.
Represented securities firm in trustee dispute, argued, and obtained dismissal of $1M claim.
Represented oil and gas franchisor and obtained dismissal of franchisee's claims (breach of contract and Petroleum Marketing Practices Act claims).
Represented municipality and assisted in obtaining dismissal of multi-million dollar equal protection and due process violation claims challenging application of ordinances.
Briefed and argued federal habeas corpus petition.
Reported and Published Decisions
Indus Concepts & Engineering, LLC v. Superb Industries, Inc., 2016 WL 3913711 (E.D. Mich. July 20, 2016) (granting motion to dismiss various claims in multi-million dollar fraud, breach of fiduciary duty, business tort action)
In re ITC Holdings Corp. Shareholder Litigation, Case No. 16-151852-CB, Oakland County Business Court (Mich. Cir. Ct. June 8, 2016) (business court opinion available here.) (dismissing class action shareholder claims for breach of fiduciary duty challenging $11.3 billion merger)
Khushaim v. Tullow, Inc., 2016 WL 3594752 (E.D. Mich. June 27, 2016) (granting motion to dismiss fraud, breach of fiduciary duty, and various tort claims in action for $27 million in lost revenues)
Tyler v. Speedway LLC, 2016 WL 1039952 (Mich. App. Mar. 15, 2016) (affirming grant of summary judgment on premises liability claim)
Pingel v. Speedway LLC, 2014 WL 4054987 (E.D. Mich. Aug. 4, 2014) (granting summary judgment on premises liability claim)
Mattatall v. Transdermal Corp., 2014 WL 1515661 (E.D. Mich. April 18, 2014) (granting summary judgment on multi-million dollar breach of contract claim)
Pravettone v. Cargotec OYJ, et al., 2013 WL 3936467 (E.D. Mich. 2013) (persuaded federal court to dismiss multi-million dollar product liability action)
C&L Ward Bros, Co. v. Outsource Solutions, Inc., et al., 2014 WL 4347502 (Mich. App. 2014) (affirmed dismissal of challenge to arbitration decision for $450k in alleged fraud/overbilling)
C&L Ward Bros, Co. v. Outsource Solutions, Inc., et al., 2012 WL 3157005 (E.D. Mich. 2012) (persuaded federal court to dismiss RICO/fraud action based upon allegations of improper billing, persuaded arbitrator to dismiss claims); 574 Fed. Appx. 741 (6th Cir. 2013) (affirmed on appeal)
Schwein v. State Farm Mutual Automobile Insurance Co., 2013 EL 4605892 (E.D. Mich. Aug. 29, 2013) (granting motion for partial dismissal on no-fault and MCPA claims)
Sarah T. Dark, et al. v. Lynn Thompson, et al., Case No. 13-438-ML (Mich. Prob. Ct. Washtenaw Cty. 2013) (persuaded trial court to grant motion for summary disposition for lack of personal jurisdiction over out of state trustees to personal trust)
Roth v. UBS Financial Services, Inc., Case No. 2013-133544-CZ (Mich. Circ. Ct. Oakland Cty. 2013) (persuaded trial court to grant motion for summary disposition for failure to state a claim for alleged violation of Michigan’s Bullard-Plawecki Employee Right to Know Act)
Ride Control, LLC v. Meritor, Inc., et al., Case No. 2013-132903-CZ (Mich. Circ. Ct. Oakland Cty. 2013) (granting summary judgment on multi-million dollar trade secret claims)
Medsource LLC, v. DeRoyal Industries, Inc., Case No. 12-11946 (E.D. Mich. 2012) (granting motion to dismiss RICO claims and state common law claims in multi-million trade secret dispute)
Macomb Interceptor Drain Drainage Dist. v. Kilpatrick, et al., 896 F. Supp. 2d 650 (E.D. Mich. 2012) (persuaded court to permit client to intervene and rule that multi-million dollar tort, fraud, and RICO claims belonged to client)
Finazzo v. Speedway LLC, 2012 WL 3966371 (E.D. Mich. Sept. 11, 2012) (granting summary judgment on premises liability claim)
Toor Petroleum, Inc. v. Marathon Petroleum, 2011 WL 4351614 (S.D. Ohio 2011) (persuaded federal court to dismiss Petroleum Marketing Practices Act (PMPA) claims and obtained summary judgment in state court on breach of contract counterclaim)
Stillwater Funding, LLC, v. Platte, Klarsfeld, Levine & Lachtman, LLP, et al., Case No. 651998/2010 (N.Y. Sup. Ct. 2010) (successfully obtained injunction preventing disclosure of confidential information in violation of non-disclosure agreement)
School District of the City of Detroit v. Hill, et al., Case No. 08-116305-CZ (Mich. Circ. Ct. Wayne Cty. 2010) (represented school district in investigation and highly contested fraud lawsuit seeking to recover millions of dollars in misappropriated funds paid to various vendors with unauthorized contracts, persuaded court to grant summary disposition and rule wire payments were illegal, successfully obtained eight-figure settlement and multi-million dollar judgments for the school district)
Michigan Lawyers Weekly Up and Coming Lawyer Award for 2015
Michigan Super Lawyers, Rising Star, Business Litigation 2013-present
Wayne State University Law School, cum laude; Wayne Law Review, Managing Editor; National Competition Mock Trial Team, Captain; Bronze Key Award Recipient; Gold Key Award Recipient; Faculty Annual Award Recipient; Board of Governors Scholarship
Eastern Michigan University, cum laude; EMU Honors College; Presidential Scholar; Student Government Student Body President; Pi Sigma Alpha, President
Eastern Michigan University, Outstanding 2011 Young Alumnus Award
Federal District Court, Eastern District of Michigan, Pro Bono Honoree, 2012-present
American Bar Association, Intellectual Property Section, Young Lawyers Division, Vice-chair
Michigan Defense Trial Counsel, Young Lawyers Section, Chair
State Bar of Michigan, Antitrust, Franchising & Trade Regulation Section; Business Law Section
Federal Bar Association, Eastern District of Michigan
Detroit Bar Association, Board of Directors
Polish American Legal Society (PALS)
Securities Industry and Financial Markets Association
Civic, Cultural & Social Activities
Cowdens Syndrome Foundation
Greenfield Village Historic Baseball Team
Eastern Michigan University Alumni Association, Board of Directors
Greenfield Village Young Professionals
Contributor, 2013 Annual Broker Dealer Survey, Securities Industry and Financial Markets Association
"What You Need to Know About the Newly Proposed Federal Trade Secret Legislation," ABA Newsletter, Intellectual Property and Internet Law, 2013
"DOJ Warns of Widening Probe in Automotive Industry," Miller Canfield e-alert, March 6, 2013
"The PMPA Landscape After Mac's Shell: A Survey of Significant PMPA Decisions in 2011," (co-author Amy M. Johnston), ABA Section of Environment, Energy, and Resources, 2012
Annual Survey of Michigan Law, Professional Responsibility, 56 Wayne L. Rev. 507 (2010)