Represented a multinational mobility company with respect to a 90,000-square-foot solar panel lease and power purchase agreement for its manufacturing facility.

Led real estate acquisition efforts on $650 million sports arena and related development located in Detroit, Michigan. Related work involved real estate, land acquisition, title clearance, environmental, legal structuring, planning, financing, leasing, architect agreements and construction matters.

Brian represented a regional developer who wanted to acquire a parcel of land that was held by more than 20 separate co-owners. The parcel had complex title issues stretching back over 40 years involving multiple generations of owners. Brian's client was concerned that the title issues were too great to overcome and that the transaction might have to be abandoned. Through extensive research, persuasive negotiation and meticulous attention to detail, Brian was able to devise and execute a plan to resolve the issues and guide the transaction to completion.

Complex commercial real estate and development transactions including construction of office, retail and industrial projects, acquisition of vacant and improved land; condominium development; entity formation; real estate financing including "securitized loans" and commercial leasing.

Successfully obtained a complete no cause arbitration award in an 8-count race, age, and disability discrimination, harassment, and retaliation matter.

Key member of trial team obtaining a no cause verdict on two of the three claims presented to the jury.

Prevailed on summary judgment and in the Michigan Court of Appeals on 4-count disability discrimination, harassment, and retaliation claim.

Obtained summary judgment on multi-count age and gender discrimination and retaliation claim. After the trial court granted a motion for reconsideration reversing the complete dismissal, Jennifer prevailed in the Michigan Court of Appeals to have the previous order granting SJ reinstated, obviating the need for trial.

Obtained summary judgment in federal court on a 4-count claim that was pre-empted by the Labor Management Relations Act.

Core member of the litigation team that obtained summary judgment in favor of a public university of plaintiff's claims of national origin discrimination based on the Indian Caste System. Plaintiff's claims of race discrimination, religious discrimination, and retaliation were also dismissed.

Advised client during construction of student housing facilities in Poland. Provided legal advice on 10 development projects, including land acquisition, leasing, permitting, construction and commissioning.

Advised a residential developer during construction of multi-residential buildings in Poland. Provided legal advice on several development projects, including land acquisition, leasing, permitting, construction and commissioning, sale of residential units.

Advised warehouse developers during construction of warehouses in Poland. Provided legal advice on four development projects, including land acquisition, leasing, permitting, construction and commissioning, and settlements with contractors and subcontractors.

Represented a contractor in several industrial projects, including advising on adjustment of a highway to a paid motorway. Adjudicated disputes between the contractor and the investor as a member of a Dispute Adjudicating Board.

Successfully represented a large domestic auto manufacturer at trial, regarding defective design claims.

Successfully represented a national bank in pursuing the manufacture of defective deposit equipment installed in branches throughout the United States.

Successfully prosecuted a wrongful death action involving defective hydraulic hoses on a car hauler.

Helped successfully defend 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. 

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. 

Represented a community hospital in a Medicaid compliance investigation.

Represented a national insurance company in disputes arising under its health care plan.

Established a joint venture among several hospitals located in geographically adjoining rural markets.

Represented a high-volume surgery center in financial negotiations with a leading health insurance company.

Advised medical center in issues arising in construction of $1 billion plus new hospital. 

Advised a managed care provider in $142,000,000 state contract and related matters, including compliance and subcontractor arrangements.

Advised multi-state health system in case alleging federal antitrust and related violations. 

Negotiated construction management contract for $900 million plus replacement hospital.

Represented County government in awarding contracts for $600,000,000 replacement hospital.

Assisted in representation of consumer banking institution defending class action claims for breach of customer contract.

Helped obtain favorable resolution of contract disputes on behalf of construction industry clients.

Drafted numerous appellate briefs defending municipal clients in constitutional class actions at both Michigan Court of Appeals and Michigan Supreme Court levels.

Helped persuade Michigan Supreme Court and Michigan Court of Appeals to uphold trial court decision prohibiting plaintiff contractor’s non-conforming industrial use of property on behalf of municipal client.

Established a joint venture among several hospitals located in geographically adjoining rural markets.

A community hospital was alleged by state regulatory authorities to have been overpaid by several millions of dollars. We demonstrated compliance with virtually all Medicaid rules and regulations and settled the matter for less than 10% of the amount demanded.

We represented a high-volume surgery center in negotiations with a leading health insurance company as to coding procedures for diagnosing patients, obtaining approvals and submitting claims for payment under its plan.

We represent a national insurance company in disputes arising under its health care plan, including defending the company and its insured in lawsuits filed by providers and plan beneficiaries.

Wireless Broadband Provider: $190,000,000 Term Loan Facility.

Wireless Broadband Provider: $15,000,000 Revolving Line of Credit.

U.S. Financial Institution:  $45,000,000 Secured Credit Facility to Hotel Company.

U.S. Financial Institution:  $5,000,000 Secured Revolving Line of Credit to Hotel Company.

U.S. Financial Institution:  $1,000,000 Real Estate Secured Commercial Term Mortgage.

U.S. Financial Institution:    $1,325,000  Real Estate Secured Commercial Term Mortgage.

U.S. Financial Institution:  $1,500,000 Real Estate Secured Commercial Term Mortgage.

Private Investors: $4,700,000 Real Estate Secured Commercial Term Mortgage.

Wireless Broadband Provider: $94,000,000 Term Loan Facility. 

Wireless Broadband Provider: $92,000,000 Term Loan Facility.

Wireless Broadband Provider: $20,000,000 Term Loan Facility.

Wireless Broadband Provider: $15,000,000 Term Loan Facility.

Wireless Broadband Provider: $10,000,000 Revolving Credit Facility.

U.S. Financial Institution: $1,800,000 Secured Loan to Trustee of Decedent Trust.  

Multi-State Social Service Agency: $10,000,000 Secured Revolving Line of Credit.

U.S. Financial Institution:  $7,000,000 Secured Credit Facilities to Destination Resort.

Metal Coating Company: $8,470,000 Senior and Subordinated Term and Revolving Credit Facilities.

Diversified Real Estate Company: $16,320,000 Multi Parcel Real Estate Acquisition.

Diversified Real Estate Company: $48,000,000 Senior Secured Term Credit Facility.

Diversified Real Estate Company: $16,000,000 Senior Secured Revolving Credit Facility.

Diversified Real Estate Company: $8,500,000 Senior Secured Revolving Credit.

Golf Supply Company: $1,400,000 Senior Secured Financing.

U.S. Insurance Company: $600,000,000 First Mortgage Financing.

U.S. Financial Institution: Credit Facility to U.S. Railroad.

U.S. Financial Institution: Credit Facility to Portfolio Company of Private Equity Fund.

U.S. Financial Institution: Senior Secured Credit Facilities to finance leveraged acquisition of two national restaurant chains.

Portfolio Company of Private Equity Fund: $615,000,000 Secured Credit Facility.

U.S. Financial Institution: $500,000,000 Revolving Credit Facility to national department store.

Assisted numerous U.S. taxpayers residing both in the U.S. and abroad with tax compliance issues related to foreign bank/financial accounts, foreign trusts and other foreign business/investment entities. Advised numerous individuals in connection with making voluntary disclosures of their prior failure to file required U.S. tax/financial information returns (such as the “FBAR” Form, as well as Forms 5471, 3520 and 8938, etc.) and how to address  previously unreported U.S. tax liabilities.

Represented governmental units on several hundred municipal bond issues totaling billions of dollars for governmental buildings and equipment, water and sewer utilities, road and street projects, parking facilities, brownfield redevelopment and other economic development projects.

Represented private schools, colleges and universities and various other nonprofit entities in tax-exempt financings for building and equipment projects.

Represented investment banking firms in connection with various tax-exempt bond issues including the preparation and review of offering documents and bond purchase agreements and the participation in due diligence process.

Represented governmental units and private colleges and universities in working capital financings including lines of credit, tax anticipation notes and state aid notes.

Successfully advocated for a foreign client in a series of complex discovery disputes in federal court implicating both U.S. and foreign law, ultimately helping to secure a favorable resolution of the underlying lawsuit.

After the opposing party declared bankruptcy rather than pay a state court judgment in the client’s favor, secured the nondischargeability of the debt in bankruptcy court by successfully arguing for the application of res judicata principles in the face of conflicting state-court opinions. Thereafter, handled briefing in the state court appellate proceedings that ended with the affirmance of the judgment in the client’s favor.

Defended the NCAA against putative class claims brought by student-athletes alleging that association’s scholarship rules violated the antitrust. The court granted the NCAA’s motion to dismiss which was affirmed by the Seventh Circuit.

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 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.

Created strategy and managed successful transfer of hundreds of foreign employees hired as consultants to direct hire for major financial services provider.

Advised and assisted automotive supplier during corporate restructuring to prepare and implement strategy to maintain work authorization and I-9 compliance for thousands of employees.

Advised large global engineering and technology firm on immigration consequences of corporate spin-off.

Performed management assessment and implementation of large-scale global mobility program on behalf of Tier 1 Automotive employer by managing relocation, tax and immigration and other legal considerations.

Assisted large engineering services corporation with nationwide internal I-9 audit: prepared and conducted training for HR and management staff on best I-9 practices and implementation of E-Verify.

Serve as lead counsel to major I-9 electronic software solutions provider.

Manage nonimmigrant, immigrant and global visa services needs for multiple large multinational corporations.

Develop immigration policy and employer handbook sections on sponsorship for immigration benefits to protect U.S. employers from exposure to liability for non-compliance.

Successfully obtained extraordinary ability classification for various researchers, business leaders, and professional athletes based on demonstrated expertise and prominence in their fields.

Support immigration aspects of obtaining work authorization and securing financing compliance for new business growth from foreign sources.

Advised visa strategies for Asian Tier-1 automotive parts company to establish U.S. manufacturing facilities and successfully obtain work authorization and visas for executive, management and specialized support team to join U.S. operations.

Obtained numerous successful decisions on appeals and motions to reopen through filings with U.S. Citizenship and Immigration Services and the U.S. Department of Labor.

Facilitated expedited processing of treaty trader and investor company registration to ensure E visa employees approval timely to avoid delays in start-up operations in U.S.

Secure visas and admission to the U.S. for various dependent family members of foreign workers filing to join in the U.S.

Successfully represented tier one automotive supplier in multi-million dollar trade secret litigation arising out of an asset sale to a competitive supply company. Obtained summary judgment prior to the close of discovery.

Obtained a dismissal on behalf of an energy exploration and natural gas processing company in an action with allegations of nuisance stemming from emissions at a gas processing facility.

Represented convenience store chain in multiple personal injury actions, including numerous summary dismissals and successful post-judgment motions and appeals.

Represented major pharmaceutical manufacturer in drug product liability action involving claims of failure to warn and failure to comply with Food and Drug Administration labeling requirements.

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

Represented hospital system challenging the enforceability of an exclusive contract between a cancer center and an academic hospital. 

Successfully appealed Court of Claims decision upholding constitutionality of initiated law by ballot question committee related to the hunting of wolves in Michigan. The unanimous Court of Appeals concluded that the initiated law violated Article 4, Section 24 of the Michigan Constitution, known as the Title-Object provision.

Obtained a preliminary and permanent injunction against the State of Michigan’s enforcement of a recent change to the Michigan Campaign Finance Act, which was amended to prohibit public bodies or their agents from referencing local ballot questions during the 60-day period leading up to a local election. The federal district court agreed that the legislation violates the U.S. constitution.

Successfully defended a city clerk accused of violating state law after rejecting a ballot question committee’s petition sheets for not having the requisite number of valid signatures.

Represented administrative agent and lead bank in syndicated secured construction loan for development of a mixed use project consisting of retail, office and residential apartments in the West Loop in Chicago.

Represented administrative agent and lead bank in syndicated secured construction loan for development of a warehousing and light industrial project in the Pilsen neighborhood in Chicago.

Represented administrative agent and lead bank in $100 Million syndicated financing for the acquisition and renovation of an office tower in Detroit secured by a long-term ground lease.

Represented administrative agent and lead bank in $75 Million syndicated loan to refinance and reposition a mixed use, multi-building project consisting of retail, restaurants, office and residential apartments in Phoenix secured by a long-term ground leases.

Represented the purchaser of privately-placed tax-exempt bonds issued by the Illinois Finance Authority, the proceeds of which were used for renovation and construction projects at Chicago’s Navy Pier, including the purchase of a new Ferris wheel and construction of a new theatre.

Represented Oakland County tech firm acquiring critical equity and debt financing for working capital and growth needs.

Represented a large national bank in acquisition of a portfolio of over 30 separate loans representing $200+ million in exposure and a tremendous growth opportunity for the firm’s client.

Advised Chinese automotive OEMs on FMVSS, DOT certificate, EPCA, CAFE, NHTSA, product recall and product liability litigation, state franchise laws, automotive dealer matters, as well as vehicle financing, etc.

Assisted six top Chinese automotive OEMs to set up its research and development centers in the States of Michigan and California.

Assisted several Chinese automotive suppliers to set up engineering centers in the State of Michigan.

Represented Chinese automotive OEMs to dismiss lawsuits filed in U.S. federal courts and Michigan and California state courts.

Represented a Chinese Central Government-owned enterprise in U.S. federal district court and circuit court.

Represented a Chinese private company to win an arbitration proceeding conducted in New York.

Represented a Chinese private company to win an arbitration proceeding in Singapore.

Represented Fuyao Glass on establishing automotive glass facility in Moraine City, Ohio, for which Fuyao Glass will invest over $1 billion and create up to 3,000 jobs.

Represented Yanfeng USA on establishing its manufacturing facilities in Detroit, Mich., and Kansas City, Mo., which have created over 1,200 jobs.

Represented Yapp Automotive Parts Co. Ltd. to set up its manufacturing facility in Romulus, Michigan, which could hire up to 450 employees.

Represented Jiangnan Mould and Plastic Technology to build a manufacturing facility in South Carolina which could create up to 300 jobs.

Represented Fuyao Glass in establishing a manufacturing base in Plymouth, Michigan, which will hire up to 1,000 employees.

Represented HASCO Vision Technology, Shanghai SIIC Transportation and Electric, CW Bearing and Wellmei in establishing manufacturing plants in the State of Michigan which could create over 500 jobs.

Assisted four Chinese companies in establishing their manufacturing facilities in Mexico.

Represented Beijing-based Pacific Century Motors, Inc., in its acquisition of Nexteer Automotive (with business operations in fourteen countries) from General Motors. Nexteer operates in 14 countries with annual revenue of approximately $4.0 billion.

Represented Broad-Ocean Motor and Ophoenix Capital Management in the acquisition of Prestolite Electric LLC.

Represented Yapp Automotive Parts Co. in the acquisition of ABC Group Fuel Systems, Inc.

Represented Fuyao Glass in the acquisition of Mt. Zion, Ill., manufacturing operation from PPG Industries.

Represented AVIC Automotive Systems Holding in acquisition of Henniges Automotive, an automotive sealing manufacturer with business operations in eight countries.

Represented Shanghai Shenda Co., Ltd to acquire shares of NYX, Inc., a Michigan-based automotive interior manufacturer.

Represented Zhejiang Wanfeng Technology in acquiring the U.S. automation supplier Paslin Company.

Represented Wuxi Vgage Technology to acquire Vgage, LLC, a Michigan based company.

Represented Suzhou Zenlead to acquire Zenlabs, a California EV battery engineering firm.

Represented Chongqing Nanshang Investment Group in acquisition of a Michigan automated equipment manufacturer HTI Cybernetics.

Represented Chongqing Rebo Lighting & Electronics in acquisition of the automotive lighting business from Federal Mogul.

Represented Shanghai Daimay Automotive Interior in acquisition of Motus Technologies, a global sunvisor manufacturer.

Successfully resolved litigation between a beverage manufacturer and a wholesaler following the wholesaler’s attempted sale of the beverage manufacturer’s distribution rights without prior approval. 

Negotiated distribution agreements between beverage manufacturers and wholesalers across the country and across both franchise and non-franchise jurisdictions.

Litigated a beverage distributor termination as a result of the distributor’s failure to abide by the terms of the distribution agreement with a client brewery

Represented a credit insurer in a bankruptcy case involving a large trucking firm. The bankruptcy trustee mishandled a clawback suit and the court sanctioned the trustee by dismissing the case and depriving the estate of potentially millions of dollars in recoveries. The trustee declined to investigate the possibility of there being a malpractice claim against his law firm for the loss. Miller Canfield convinced the Bankruptcy Court that the trustee could not investigate his own legal liability and that he should be replaced as trustee, and in the process, recovered funds for the credit insurer client.

In a bankruptcy case involving a regional home supply chain headquartered in Texas, Ron was given the role of investigating and prosecuting preference actions on behalf of the debtors. Recoveries on unsecured claims were initially estimated to yield 45-55 cents on the dollar. Ron investigated several hundred claims to select only those with likely recoveries, sent demand letters, and ultimately filed approximately 70 complaints. Ron negotiated settlements with each creditor, so that unsecured recoveries rose 50% (to approximately 75 cents on the dollar) without requiring a single creditor to waste resources on a trial.

Two related clients brought Ron five preference actions to defend, with just over $2.4 million in claims alleged after the various defenses the trustees deemed they would allow. Ron analyzed the cases and negotiated each to settlement or dismissal, without trial (and often without a formal answer having to be filed). This kept client expenditures, inclusive of fees and settlement payments, minimal.

Represented Motio, Inc. in multi-case patent litigation against Avnet, Inc. involving business intelligence software. Served as lead trial counsel for Motio in 8-day jury trial in which patent was found valid and infringed. Motio was awarded seven figures in damages.

Assisted numerous breweries, wineries and distilleries through the complicated state and federal licensing process. 

Karen has acted as real estate counsel on multiple wind energy development projects on behalf of lenders, investors, and a utility company developer/acquirer. By working closely with opposing counsel or land agents to obtain curative documents to address title matters, and through negotiating coverages with title companies, Karen and the Miller Canfield team have worked to confirm that the rights necessary to build and operate the project are in place and that conflicting third-party rights are addressed. Furthermore, Karen has worked to prepare and revise form easement agreements that protect the wind developer and accurately reflect the operations and business processes in place. Representing the acquirer in project acquisitions, Karen has used extensive due diligence experience to outline a due diligence process that works for each project. 

Karen's negotiations have involved representation of various utility companies in acquisition of wind energy projects, some in excess of $150 million dollars. These deals resulted in the development of several new wind energy projects in the state of Michigan. 

Karen represents landlords and tenants across the United States in the negotiation of leases for office, warehouse, and flex space ranging from 1,000 rentable square feet to over 100,000 rentable square feet. Each negotiation addresses the represented party’s needs with respect to the space, including the terms of any build-out. As a part of this practice, Karen will also negotiate subordination, non-disturbance, and attornment agreements on behalf of tenants.

Karen's representation in this area has included Fortune 50 companies in nationwide negotiations.

Marc Swanson, with a team of Miller Canfield attorneys, represented the City in an appeal to the Sixth Circuit Court of Appeals regarding challenges to the Detroit Water and Sewerage Department's ability to collect past due bills and set rates according to the cost of providing services. 

A team from Miller Canfield, led by Marc Swanson, represented the City in an appeal to Sixth Circuit Court of Appeals regarding a challenge to the City’s confirmed bankruptcy plan, including the Grand Bargain reached in the City's bankruptcy negotiations.

Following the affiliation of two non-profit Michigan hospitals, Katrina’s group worked as bond counsel to refinance the debt of both hospital systems, bringing them within the same credit group and creating synergies between the two hospitals. As tax counsel, this involved restructuring the debt of both hospital systems to ensure the interest on the debt continued to be tax-exempt following the transaction and thereafter. Katrina successfully helped to structure and document the transactions, resulting in millions of dollars in interest savings to the combined healthcare groups. 

Katrina works as tax and bond counsel on the annual issuance of State Aid Notes, whereby public school districts, who often face cash flow deficits prior to their receipt of State Aid Revenues, can borrow at a low-cost, short-term basis through the State of Michigan to bridge those working capital deficits. 

One of Mike’s clients faced a rash of limited partnership investment cases filed in a Michigan court. Although his team developed factual and legal defenses to the claims, the client initially sought to settle the few cases it had because the cost to litigate would outweigh the benefit of winning on the merits. The early settlements only fueled the fire though, resulting in many new cases being filed. So Mike and his team sat down with the client and developed a strategy to vigorously defend the claims that started pouring in. This strategy yielded 15 summary judgments, several of which were upheld on appeal, including a seminal opinion of the Michigan Court of Appeals. Today, that opinion is still relied on by lawyers, courts and arbitrators for the efficacy of disclosure documents in securities cases. Mike was the principal architect of the strategy and lead lawyer carrying it out.

Defended data processing subsidiary of Fortune 500 technology company in a data breach matter which we resolved out of court pre-litigation. Currently defending proposed class action in federal court against data service provider arising out of a data breach event.

Negotiated lease of 180,000 rsf of downtown Class A office space on behalf of landlord, where the lease acted as the critical component of a larger sales transaction.

Negotiated new headquarters lease of 130,000 rsf of Class A office space for Fortune 500 Company.

Grant negotiated a $10 million incentive package for a company that manufactures  equipment for the alternative energy field. He also represented a client in a time-sensitive $22 million sale-lease back transaction for a 360,000-square-foot facility, efficiently expediting negotiations and due diligence, while limiting the client’s liabilities and providing the protections it required.