Assisted the owner of a closely held business develop a multi-generational business and estate plan that resulted in a savings of $35 million.

Defended engineering software company against claims of trade secret misappropriation brought by a competitor. The district court denied plaintiff’s motion for preliminary injunction and dismissed its “inevitable disclosure” claim.

Co-counsel for a major computer manufacturer defending against antitrust and intellectual property claims by a competitor seeking damages in excess of $1 billion. The matter was settled during trial.

Defended former chief technical employee against trade secret and noncompete claims by a manufacturer of automated machinery. Settled after successful appeal. 

Represented automated industrial machinery vendor as plaintiff in trade secret claims against former employees and a competitor.

Represented an urban school district against claims by a putative class of taxpayers seeking to recover in excess of $100 million collected on property taxes that had expired. The state Court of Appeals and Supreme Court ordered all claims dismissed. 

Defended a national window manufacturer in a proposed class action alleging fraud in the sale and pricing of replacement windows. The state trial court dismissed the complaint and ordered arbitration, and the arbitrator denied claimants' motion to certify a class.

Defended a hospital system against allegations that its charges for providing medical records in response to subpoenas were excessive, in violation of the state Consumer Protection Act and Patients’ Bill of Rights. The state Supreme Court ordered the complaint dismissed for failure to state a valid claim.

Represented a cell phone carrier in defense of a claim that charges for air time were inadequately disclosed, and seeking more than $200 million in damages under the Consumer Protection Act.

Represented a mortgage lender in two  challenging prepayment penalties in residential mortgage loans under usury statute and Consumer Protection Act.

Represented a prescription drug manufacturer in defense of price-fixing claims by a putative national class of drug retailers in a multi-district proceeding in the Northern District of Illinois.

Antitrust counterclaim on behalf of engineering software vendor defending trade secret claims by a competitor.

Defended a furniture manufacturer against price discrimination claim by a terminated retailer in the District of Oklahoma.

Co-counsel for major computer and software vendor defending antitrust and intellectual property claims by a competitor seeking damages in excess of $1 billion.

Defended a national furniture manufacturer against breach of contract claims by retailers in Mississippi and California.

Defended an international auto parts supplier against a $60 million breach of warranty claim.

Defended a Polish brewer against claims by a terminated U.S. distributor under the Illinois Beer Industry Fair Dealing Act. The Seventh Circuit compelled arbitration of the claims in Poland. The district court later confirmed the favorable arbitration award, and the Seventh Circuit affirmed.

Obtained reversal on appeal of $6 million judgment for fraud and $10 million interest claim in connection with sale of retail stores.

Represented a manufacturer in defense of claims by terminated dealer under the Wisconsin Fair Dealer Law.  The Seventh Circuit reversed a preliminary injunction entered by the Eastern District of Wisconsin.  

Represented a German-owned automotive supplier in defense of commission claim by a terminated U.S. sales representative in federal district court, the U.S. Court of Appeals for the Sixth Circuit, and arbitration in London before the International Chamber of Commerce Court of Arbitration.  

Defended a manufacturer of small gasoline engines against claims by a terminated distributor under the Illinois Franchise Disclosure Act. The Northern District of Illinois granted summary judgment dismissing major portions of the distributor’s claims.  

Represented a vendor of automated material handling machinery in defense of breach of contract claims by a supplier and intellectual property licensor.  

Represented a city in defense of a major taxpayer’s claim that a property tax ordered by a court to satisfy a judgment against the city violated an amendment to the state constitution. The Michigan Supreme Court held that the constitutional provision did not apply, reversing the state Court of Appeals and Tax Tribunal.  

Defended a manufacturer against a terminated sales representative’s claim that he was protected by the Age Discrimination in Employment Act. The Seventh Circuit held that the plaintiff was not covered by ADEA.

Represented a mortgage lender in defense of class claims in two matters challenging prepayment penalties in residential mortgage loans under usury statute and Consumer Protection Act. Both cases were settled after an appeal to the Michigan Court of Appeals.

Miller Canfield represents an automotive lender in a class action in Maryland state court involving allegations that an auto dealer charged illegal and deceptive fees for title, tags and registration, in connection with loans assigned to the lender. Pending. 

We represented a leading manufacturer of nutritional supplements in defense of duplicative, putative class actions involving claims on behalf of purchasers of an herbal supplement. We settled one group of cases before the district court ruled on class certification. The court ultimately stayed the other cases and transferred them to Bankruptcy Court.

Represented publicly traded bank’s like-kind exchange services group in connection with more than 60 like-kind exchange transactions ranging in value from $800,000 to $300,000,000, including forward and reverse like-kind exchanges, build-to-suit exchanges, related-party exchanges, exchanges of tenancy-in-common interest as well as oil, gas and other mineral working and non-working (royalty) interests.

An electric utility retained Miller Canfield to defend a putative class action in the Eastern District of Wisconsin challenging a decision to charge early union retirees more than active employees for health coverage. Plaintiffs, a union and four employees, alleged that a series of collective bargaining agreements obligated the company to provide vested insurance benefits to early retirees on the same terms as active employees. The court granted our motion for summary judgment, finding that language in the summary plan descriptions reserved the unilateral right to change benefits. The court also agreed that, at best, plaintiffs enjoyed a right to coverage parity with active employees, not cost parity.

After a major aerospace manufacturer notified union retirees that their health insurance deductibles and co-payments were increasing, they filed suit in the Eastern District of Michigan alleging that their benefits had vested when they retired. A different group of retirees filed a mirror-image lawsuit in the Middle District of Tennessee and the union dismissed the first lawsuit. The following day, we filed a declaratory judgment action in Northern District of Illinois, the company’s home district and commenced discovery. The cases were consolidated the Northern District of Illinois, which granted our motion for summary judgment.

A leading manufacturer of consumer electronics retained Miller Canfield to represent it in defense of claims that the manufacturer misrepresented the specifications of television displays. Pending.

A major drug store chain retained Miller Canfield to represent it in defense of putative class actions in Michigan and West Virginia alleging that our client and other pharmacies violated state statutes regulating pricing of substituted generic prescription drugs sold to retail purchasers. All cases are the subject of motions to dismiss for failure to comply with pleading requirements and to state a claim upon which relief can be granted. Pending.

A national window manufacturer retained Miller Canfield to defend a putative class action alleging fraud in the sale and pricing of replacement windows. The state trial court enforced arbitration clauses in the purchase agreements and dismissed the complaint. Several claimants then filed a demand for class arbitration. After the arbitrator denied claimants’ motion to certify a class, the court confirmed the award, and claimants dismissed their claims with prejudice.

Represented a computer manufacturer in defense of a putative class action to recover damages resulting from allegedly defective computer hard disk drives. The case was dismissed on our motion.

Represented a proprietary trade school in defense of a class action alleging fraud in recruitment of students. The matter was settled by other counsel.

A group of 383 employees sued alleging that, although classified as exempt, they were actually non-exempt employees under the Fair Labor Standards Act (“FLSA”) and therefore had been improperly denied overtime compensation. Plaintiffs conceded in discovery that they had performed exempt duties, but argued that the company had made unlawful deductions from their salary. The district court granted our motion for summary judgment, concluding that the “shortfalls” did not constitute unlawful deductions under the law and that plaintiffs were therefore exempt and not entitled to overtime pay. The U.S. Court of Appeals for the Sixth Circuit affirmed.

We successfully opposed class certification of a gender discrimination pay suit in which nurse practitioners and physician assistants employed by the university health system alleged that they were paid less than male physician assistants in violation of the Equal Pay Act and state law.

Miller Canfield defended a hospital system against allegations that its charges for providing medical records in response to subpoenas were excessive, in violation of the Consumer Protection Act and Patients’ Bill of Rights. The Michigan Supreme Court held as a matter of first impression that the Consumer Protection Act does not apply to purchases that are primarily for business purposes, and that such subpoenas were primarily for the business purposes of the patients’ attorneys. The class action complaint was dismissed on our motion. 

Represented a cell phone carrier in defense of a claim that certain charges were inadequately disclosed, and seeking more than $200 million in damages under the Consumer Protection Act. The matter was settled.

Miller Canfield represented an auto manufacturer in defense of sex harassment claims on behalf of a putative employee class. The case was settled. 

Miller Canfield represented a clothing retail chain in defense of a purported class action involving race discrimination claims. The case settled after the court declined to certify a class.

Represented a body armor manufacturer in defense of breach of warranty, negligence, fraud and other claims in multiple jurisdictions including Arizona, Arkansas, California, Illinois, Massachusetts, Michigan, Minnesota, New Jersey, Ohio and Oklahoma. The claims involved concealable body armor voluntarily made subject to a warranty adjustment program after the manufacturer of component fiber provided questionable performance test results. The client filed a petition for bankruptcy and the matter was transferred to another firm to handle the bankruptcy.

We represented a rubber products manufacturer in defense of sex harassment and invasion of privacy claims. The case settled after the state court denied class certification. 

We represented a cruise line in defense of a putative class action alleging that it improperly assessed its customers with “port charges” that in fact covered matters unrelated to such charges. The case was dismissed without prejudice when plaintiffs failed to respond to a motion to dismiss.

Miller Canfield represented a lender in defense of a class action involving alleged defective post-repossession notices. The Maryland trial court dismissed the complaint and the state court of appeals upheld the dismissal.

Miller Canfield represented defendants in a case involving ERISA claims. Settled. 

Miller Canfield represented a lender in a putative class action involving procedures related to bankruptcy reaffirmation agreements. The federal district court dismissed the complaint on our motion and the U.S. Court of Appeals affirmed. 

We represented a clothing manufacturer in defense of claims under ERISA and Section 301 of the Labor Management Act regarding union retiree insurance benefits. The matter is settled.

Represented a mortgage lender in defense of class claims in two matters challenging prepayment penalties in residential mortgage loans under usury statute and Consumer Protection Act. Both cases were settled after an appeal to the Michigan Court of Appeals.

Miller Canfield represented a health care system in defense of collective Fair Labor Standards Act wage and hour claims brought on behalf of approximately 1,000 home health care nurses. Although the court conditionally certified the case as collective action, it later granted our motions and did not allow the case to proceed as such. The case was settled after the court severely narrowed the claims.

Represented a lender in defense of class allegations with respect to disclosures in lease forms. The circuit court dismissed the claims on our motion.

Miller Canfield represented a major food manufacturer in a Section 301 and age discrimination case. The district court granted our motion to dismiss the complaint. 

Represented a lender in a class action in Maryland state court involving the allegation that lease late fees were unlawful. The trial court dismissed the complaint. The state Court of Special Appeals affirmed but the state Court of Appeals remanded on a procedural issue. The matter was settled. 

We represented a major food manufacturer in a Section 301 case. The district court dismissed on statute of limitations grounds; and the U.S. Court of Appeals for the Sixth Circuit affirmed. 

Represented a lender in defense of class claims of consumer fraud related to lease sales. Plaintiff voluntarily dismissed.

Assisted in the preparation of $6,000,000 R&D tax credit claim for large OEM supplier and successfully defended substantially all of such claim on audit.

Developed and coordinated tax planning for $560,000,000 stock and asset acquisition of companies in the U.S. and 12 foreign countries by a European automotive supplier.

Issued tax opinions used in private placement memorandums in connection with the tax treatment of oil and gas royalty interests under like-kind exchange provisions of the Internal Revenue Code. 

Developed tax structure for the redemptions/sales of partners’ in interests in closely held general partnerships and limited liability companies engaged in farming, medical services and other business activities.

We represented a chemical company in defense of price fixing allegations against suppliers of a food additive on behalf of proposed indirect purchaser class under state antitrust law. The matter is settled.

Miller Canfield represented a leading brand-name prescription drug manufacturer in defense of claims in an MDL proceeding in the Northern District of Illinois on behalf of a putative national class of drug retailers. Plaintiffs alleged that a number of pharmaceutical manufacturers conspired to fix the wholesale prices of brand-name prescription drugs. The matter was settled. We also represented our client in defense of claims by an indirect purchaser class under state law. This matter is also settled.

Miller Canfield represented a chemical company in defense of allegations that suppliers of bulk vitamins had conspired to fix prices. The claims were brought on behalf of a proposed indirect purchaser class under state antitrust law. The matter was dismissed by stipulation without prejudice.

Miller Canfield represented a plaintiff class of retail dry cleaners pursuing antitrust claims against supply wholesalers convicted of price fixing. The matter was successfully settled.

Miller Canfield represented an electronics retailer in two class actions, one by electronics distributors against manufacturers, and the other by individuals against electronics distributors and manufacturers. The matters are settled. 

Miller Canfield represented a plaintiff class of podiatrists alleging a conspiracy between a major insurer and physicians to limit reimbursements to podiatrists. The matter was settled.

Miller Canfield represented an issuer in defense of allegations of violations of the 1934 Securities and Exchange Act. We obtained an order dismissing all of the putative class plaintiffs’ claims with prejudice. The U.S. Court of Appeals affirmed and en banc refused class plaintiffs’ motion for rehearing.

Miller Canfield represented an electric and gas utility in defense of alleged violations of the 1934 Securities and Exchange Act and ERISA related to alleged “round-trip” trading. The case was successfully settled.

In a multi-district consolidated class action alleging violations of the Securities Act of 1933 and the Securities Exchange Act of 1934 for alleged false and misleading statements and material omissions regarding the financial condition of a large auto supplier, Miller Canfield, with co-counsel, represented an underwriters group that included a number of major investment banks. The case was settled after informal discovery and extensive mediation, and the court confirmed the settlement over objections. 

Miller Canfield represented a national bank and the individual officer defendants in defense of alleged violations of the 1933 Securities Act and the 1934 Securities and Exchange Act related to the bank’s restatement of its earnings. The matter was settled. 

Miller Canfield represented a furniture manufacturer in a multidistrict class action securities litigation. The matter was settled.

Miller Canfield represented a financial services company a securities class action regarding a Ponzi scheme. The case was dismissed. 

We represented a brokerage firm and all underwriters in a securities class action involving allegations of fraud in an initial public offering. The matter was settled. 

Miller Canfield represented an electronics retailer in a securities class action. The matter was settled. 

Miller Canfield represented a major insurance company in an alleged “vanishing premium” case. The matter was settled.

Miller Canfield represented a financial services company in defense of a state securities class action. The trial court dismissed on our motion. 

We represented a major urban school district in defense of claims by a putative class of taxpayers seeking to recover in excess of $100 million in payments on a non-homestead property tax that had expired. The circuit court dismissed the claims as beyond its jurisdiction and the Court of Appeals affirmed. The Michigan Tax Tribunal then dismissed the claims as untimely, but the Court of Appeals reversed. The Michigan Supreme Court granted our application for leave to appeal and reversed, dismissing the claims.  

Miller Canfield, with the state Attorney General, represented a State in defense of a class action alleging violation of the constitutional and statutory rights of children in the State’s foster care system. The case settled four days before the class action trial was scheduled to begin. The settlement resulted in the appointment of a monitoring team to work with the parties to advance the goals of the settlement agreement.

Miller Canfield represented a casino in defense of race discrimination claims. The case was settled after plaintiffs dropped class action allegations. 

Miller Canfield represented defendants in a test case challenging legislation mandating a new governance system for Detroit Public Schools. The district court granted summary judgment in favor of defendants, the Sixth Circuit affirmed, and the U.S. Supreme Court denied certiorari. 

Miller Canfield represented a County in a case involving the collection of research fees charged by the Register of Deeds. The case was settled.

Miller Canfield represented defendants in defense of Fifth and Fourteenth Amendment claims based on alleged environmental violations and pupils’ exposure to same. The case was settled. 

Miller Canfield represented a major city public school system in defense of a putative class action on behalf of elementary school students allegedly exposed to asbestos dust in connection with the demolition of an adjacent building owned by the school system. The matter was settled. 

We represented a county drain commissioner in defense of a claim that a fee charged by the drain commission was unconstitutional. The complaint was dismissed on our motion.

Miller Canfield represented a county in a case involving the alleged collection of fees improperly charged against persons conducting business with the Register of Deeds. The trial court dismissed on our motion. 

We represented a county in a putative class action involving the collection of fees charged by all county agencies. Settled.

Designed review protocol, organized the collection and review of hard copy documents, interviewed IT personnel to plan an electronic document and email collection, and conducted custodian interviews for defense of an automobile parts manufacturer in a warranty dispute.

Assisted a Fortune 500 producer of consumer foods on drafting and modifying business contracts, including counseling personnel on legal considerations important to negotiations and interpretations of existing contracts.

Fraud claims brought against JT LeRoy aka Laura Albert, fiction writer, resulting in a trial verdict and punitive damages over $300,000 for the client, a film production company that purchased the rights to Ms. Albert’s novel “Sarah.” Antidote Int’l Films, Inc. v. Bloomsbury Publishing, Case No. 06 Civ.6114 (CJR) (S.D.N.Y. 2007); Antidote Int'l Films, Inc. v. Underdogs, Inc., Laura Albert a/k/a JT Leory, Defendants-Appellants, Case No. 07-4451-cv (2nd Cir. 2007).

Representation of many large privately held corporations on mergers and acquisitions (both stock and assets) with purchase price values in excess of $73,000,00.

Represented bank holding company in a $8+ million merger with a public bank holding company.

Represented a national bank in $35 million syndicated mortgage loan for a semiconductor client.

Represented pharmaceutical testing laboratory in its $8+ million sale to an international acquirer.

Represented a concrete manufacturer and building supply company in its $10+ million tax-free asset sale.

Assisted in representing a corporation in a $3 million asset acquisition.

Represented venture capital fund in its lead investment of a $6 million purchase of Series C Preferred Stock from a medical products company.

Represented venture capital fund in its lead investment of a $3 million purchase of Series B & C Preferred Stock from a drug development company.

Represented a financial institution in closing a $70 million credit facility for a waste industry client.
Represented a national bank in a $47 million syndicated credit facility for a waste industry client.

Represented a financial institution in closing a $50 million credit facility for a waste industry client.
Represented a national bank in a $100 million syndicated credit facility for a waste industry client.

Represented a financial institution in closing a $45 million credit facility for a waste industry client.
Represented a national bank in a $50 million syndicated credit facility for a waste industry client.

Represented a client to close a $50 million syndicated loan facility, secured by 33 parcels of real estate, for a waste industry customer in a two-week time frame.

Represented a financial institution in closing a $32 million credit facility for an automotive industry client.

Represented a national bank in closing a $175 million revolving line of credit for a waste industry client.

Represented drug development company in its $2 million seed round financing.

Represented pre-clinical testing company in its $1 million angel round financing.

Represented venture capital fund in its $1.5 million purchase of Series A Preferred Stock from a medical device company.