Represented medicinal chemistry company in its $500,000 seed round financing.

Represented medicinal chemistry company in its $5 million joint venture transaction to build laboratory facilities.

Represented economic development company in structure and formation of angel investing network.

Represented investor in its $1.5 million transaction to purchase preferred membership interests in a start-up glycerin manufacturer.

Represented incubator in its $7 million financing for construction and expansion of a life sciences incubator facility.

Represented medical products manufacturer in its $2 million acquisition of a medical product line of business and the acquisition of a GMP facility.

Represented real estate development company in the creation of a phantom ownership plan for 50+ separate investments.

Successfully obtained summary judgment and attorneys' fees in action under the Copyright Act seeking millions of dollars in statutory damages against a commercial lender in a dispute over licensing of computer software used to collect debts owed to lender. Both the entry of summary judgment and the award of attorneys' fees were subsequently upheld by the Seventh Circuit Court of Appeals.

Successfully defended a nationally known cookware manufacturer in a case involving alleged design patent infringement. The plaintiff, another well-known maker of cookware, attempted to obtain a permanent injunction against our client to prevent it from selling competing cookware--in addition to seeking millions in damages. The jury found for our client across the board.

Defended a school district against claims of reverse gender and age discrimination made by a disgruntled former bus driver. After successfully obtaining summary judgment against the plaintiff, the plaintiff appealed to the Seventh Circuit, which affirmed summary judgment.

Appeal of issues stemming from Michigan's Recording Act and impact in criminal forfeiture. Assisted in the defense of a commercial lender in a matter involving the government's attempt to use criminal forfeiture proceedings to take property in which the lender had a recorded interest. The Seventh Circuit reversed the ruling of the District Court, finding that the lender's recorded interest was superior to the lis pendens filed by the government.

Bond counsel on the largest municipal bond financing in Michigan history – the $1 billion revenue bond issue for improvements to Detroit Metropolitan Airport.

Represented a Fortune 500 company in negotiating multimillion-dollar contracts for telecommunications, Internet and related services for the client's affiliated companies located throughout the U.S. and world.

A corporate client had a software licensing issue (too many seats and not enough licenses for a particular application) and was being threatened with a lawsuit for copyright infringement and treble damages. We successfully negotiated a prompt and low-cost resolution with the copyright holder to diffuse what could have been a drawn-out and extremely expensive situation.

Trial counsel for Valassis Communications, Inc. in its legal battle with News America, Inc., a part of Rupert Murdoch’s News Corporation. Obtained $300 million jury verdict after an eight-week trial in July 2009, the eighth-largest jury verdict in the United States in 2009. As part of a comprehensive settlement--reached three days before the parties were scheduled to begin a second jury trial in Federal Court in Detroit--News America agreed to pay Valassis $500 million and enter into a 10-year shared mail distribution agreement with Valassis.  Valassis Communications, Inc. v News America Inc., Case No. 07-706645 (Wayne County Circuit Court 2007); Valassis Communications, Inc. v News America Inc., Case No. 2:06-cv-10240 (Eastern District of Michigan 2006); Valassis Communications, Inc. v News America Inc., Case No. BC367743, (Los Angeles County Superior Court, California 2007).

Defended a national grocery retailer against claims of attempt to monopolize and tortious interference brought by a local retailer.  The district court granted summary judgment dismissing all claims. 

Represented investors in privatization of large Poland bank.

Represented a multinational automobile manufacturer in a putative nationwide class action in which plaintiffs allege they and putative class members purchased vehicles based on "false and misleading" advertising of the EPA fuel economy for the vehicle, which plaintiffs contend cannot be achieved under normal driving conditions.

Represented the second largest bank holding company in Michigan in connection with its $2.2 billion merger with the third largest bank holding company in Michigan.

Assisted in the financing of $1.5 billion offerings of medium-term unsecured notes for a Detroit-based financial institution.

Assisted in the financing of $30 million issuance of common stock by a Michigan-based bank holding company in connection with its acquisition of an Ohio savings institution.

Assisted in the financing of $100 million secondary public offering of common stock of a major local bank holding company.

Assisted with the financing of $28 million secondary public offering of a local Tier One supplier to the automotive industry.

Assisted with the financing of $8.8 million initial public offering of a computer wholesaler located in Ohio.

Represented a group of substantial shareholders in connection with a proxy contest and related litigation in connection with our efforts to obtain representation of the board of directors and sale of a savings institution located in Cleveland. These efforts were successful, and the savings institution was eventually sold at a substantial profit to a bank holding company.

Represented a group of major shareholders of a publicly held corporation which controlled real estate companies, orange groves, and an insurance company. Representation involved pursuing claims of mismanagement against the president and CEO, and were directed toward obtaining control of the board of directors, restructuring of the public company, and selling certain of its operations. Representation extended over approximately two years and was successful on all fronts.

Represented a group of significant shareholders of a $500 million-plus savings institution in the Upper Peninsula in a proxy contest and related litigation in which they successfully sought representation on the institution's board of directors.

Represented a publicly held corporation located in Western Michigan and its Litigation Committee in a significant dispute with the corporation's major shareholder (which also had two representatives on the board of directors). The representation involved two proxy contests, two securities laws class action suits, a derivative action and a fraud suit by the major shareholder and others against the corporation, the entire board of directors, all the major officers, the outside auditors, and the former attorneys for the corporation. This representation began in 1990 and continues to date, and in the process all litigation against the corporation has been settled, the dissident directors removed, the major shareholders' shares redeemed, and the D & O policy covering the directors, collected.

$300 million plus recapitalization and restructuring of a family-owned newspaper and publishing company located in Raleigh, North Carolina. Represented the special committee made up of representatives of the four branches of the family in connection with a series of transactions extending over some two and one-half years. This involved the sale of certain subsidiaries, the payment of a "special dividend" of approximately $100 million, the creation of senior and subordinated debt of approximately $150 million, and the redemption of approximately one-third of the shares, thereby consolidating control into two branches of the family.

Assisted with the financing of $25 million initial public offering of a local household and cosmetic distributor.

Represented a multibillion dollar truck and engine manufacturer in a complex commercial dispute, obtaining summary judgment in favor of the manufacturer on $50 million of plaintiff's claim prior to settlement.

Represented an organic dairy in putative nationwide class actions alleging state law causes of action based on purported violations of laws and regulations pertaining to the regulation of organic foods and successfully defeated plaintiffs' attempts to circumvent the multidistrict litigation process vis-à-vis challenges to federal jurisdiction under the Class Action Fairness Act.

Represented an information services provider in putative class actions filed in state and federal court alleging that the provider's vehicle valuation product undervalues total loss vehicles.

Represented a client in a 10b-5 securities case arising out of the company's restatement of financials.

Represented a subsidiary of a global investment bank in two putative class actions alleging manipulation of an auction for electricity, purportedly resulting in excessive prices.  Plaintiffs identified a number of causes of action including state consumer fraud and unjust enrichment claims.  Client prevailed in a motion to dismiss.

Represented a preeminent futures and options on futures exchange in a fast-paced putative shareholder class action to block the exchange's imminent $11 billion merger.

We represented a county in defense of a challenge to the county’s collection of a real estate transfer tax. The case was settled.

Representation of several national corporations in connection with all real estate owned, leased and constructed throughout the United States.

Representation of the owner/developer in connection with design construction and project financing of Comerica Park baseball stadium located in Detroit Michigan.

Representation of developers in connection with residential, commercial and mixed use condominium projects.

Representation of public utility in connection with sale/leaseback of $100 million of power plant equipment.

Representation of public utility in connection with leveraged lease financing transaction involving $60 million of rolling stock.

Represented construction manager in connection with construction of Detroit Midfield Terminal airport project.

Representation of national corporation in connection with over $2 billion of real estate owned, leased, and constructed throughout the United States.

Representation of the construction manager in connection with construction of Ford Field football stadium located in Detroit, Michigan.

Represented construction manager on $350 million office building renovation project located in Michigan.

An employee sued our client, a casino, claiming wrongful termination and retaliation. We appealed after the circuit court denied our motion for summary disposition. The Michigan Court of Appeals reversed, mandating that the motion be granted.

When plaintiff filed a class action suit claiming that hospitals' charges to lawyers for copies of clients' medical records were excessive, the Court of Appeals held that attorneys' requests for copies of their clients' medical records were covered by the Michigan Consumer Protection Act (MCPA). We appealed. The Michigan Supreme Court reversed, agreeing with us that the records were for the attorneys' business use, and that the MCPA does not apply to purchases that are primarily for business use - an issue of first impression. Plaintiff's class action complaint was summarily dismissed.

A national retailer turned to us after a bad result in a case tried by other counsel involving a right of first refusal for the sale of retail stores. We convinced the Michigan Court of Appeals to reverse on appeal of a $6 million judgment for fraud and a $10 million interest claim.

This case involved novel issues regarding the interaction of the Twenty-First Amendment, the Commerce Clause, and the Federal Arbitration Act. When a Polish brewer terminated an Illinois distributor, the distributor filed suit alleging that the termination violated the Illinois Beer Industry Fair Dealing Act. The district court refused to enforce a contract provision requiring arbitration in Poland, holding that the Twenty-First Amendment (which reserves regulation of alcoholic beverages to the States) trumped the arbitration clause. We appealed, and the U.S. Court of Appeals for the Seventh Circuit reversed and ordered arbitration in Poland. After the arbitrators rejected the distributor’s claims, the district court confirmed the award, and the Court of Appeals affirmed. 

When a manufacturer terminated a Wisconsin distributor, the distributor sued alleging that the termination violated the Wisconsin Fair Dealer Law. After the district court entered a preliminary injunction reinstating the dealer, we appealed. The Seventh Circuit reversed, holding that the dealer had not suffered irreparable injury and was not likely to prevail on the merits. The dealer then voluntarily dismissed its complaint at no cost to our client.

When a school district increased the deductible its retirees were required to pay under their health insurance, the retirees sued, contending that the change violated the Michigan Constitution's prohibition on changing public retirees' "accrued financial benefits," and the retirees' contractual rights. We filed an amicus brief that helped convince the Michigan Supreme Court to reject the retirees' claims and hold that public bodies are free to reduce the benefits they provide retirees.

Petitioning taxpayers alleged that the State violated its constitution when it submitted compacts between the Governor and Indian tribes authorizing the tribes to operate casinos on reservations through joint resolution process instead of legislative process. We filed an amicus brief on behalf of an Indian Tribe that helped convince the Michigan Supreme Court that Legislature did not violate the Michigan Constitution.

When a city imposed a property tax levy to pay the cost of a consent judgment against the city, taxpayers sued, contending that the tax levy violated an amendment to the Michigan Constitution requiring voter approval of any tax increase. Both the Michigan Tax Tribunal and the Court of Appeals agreed with the taxpayers. We appealed to the Michigan Supreme Court, which agreed with us that the amendment did not apply because the statute authorizing a judgment tax levy existed before the effective date of the amendment. 

When the Michigan Legislature transferred control of the state's largest airport from the County to a statutorily-created airport authority, the County Commissioners sued raising a number of federal and state constitutional challenges. On appeal, the Court of Appeals agreed with us that the statute was valid on all grounds. 

In-house counsel tried an employment discrimination case resulting in a $1.9 million jury verdict. The client retained us to appeal. We convinced the Michigan Court of Appeals to vacate the jury verdict on plaintiff's claims for sexual harassment. Although the Court of Appeals affirmed the verdict as to plaintiff's claims of sex discrimination and retaliation, it also affirmed the trial court's order granting our motion for remittitur, which substantially reduced the jury verdict.

After a city spun off its Housing Department into a separate governmental entity, employee unions sued alleging that the reorganization violated employees' statutory rights as city employees. The circuit court agreed with the unions’ arguments, and we appealed. The Michigan Supreme Court reversed, holding that an amendment to the Michigan Housing Facilities Act had severed the relationship between the city and its Housing Commission, so that the City was not the employer of Housing Commission employees.

A country club's former golf professional brought breach of contract and marital discrimination claims against the club, alleging the club declined to renew his employment contract following his notorious and public separation from his wife and cohabitation with another woman. The circuit court summarily dismissed the professional's claims, but the Court of Appeals reinstated the marital discrimination claim. We convinced the Michigan Supreme Court that an employer does not violate the Elliott-Larsen Civil Rights Act if it discriminates on the basis of conduct (adultery) as opposed to marital status.  Thomas M. Cooley Law Review awarded us their annual Distinguished Brief award in this case.

The Michigan Court of Appeals upheld the Michigan Employment Relations Commission (MERC) dismissal of a union's unfair labor practice charge against county officials.

We filed an amicus brief supporting the position that a taxing jurisdiction may only exempt its taxes from capture by the downtown development authority (DDA) within 60 days following a public hearing on establishing a DDA District or altering the DDA District's boundaries. The Michigan Court of Appeals agreed with our position. In its opinion, the Court commented on the "excellent briefs of the parties and amici curiae." 

When our client, a public corporation created pursuant to statute for purpose of administering a governmental pension plan, bought vacant commercial property as an investment, the state Tax Tribunal held that the property was subject to local property tax. We appealed. The Court of Appeals ruled that the property was exempt from taxation under a statute exempting property of local government units or agencies. 

Disavowing two of its prior decisions and several previous decisions of the court of appeals, the Michigan Supreme Court held that the state Court of Claims has exclusive jurisdiction over all claims against the state based on contract and tort.

We persuaded the Sixth Circuit to affirm dismissal of a civil rights action against a former criminal defense attorney and current circuit court judge.

Debtor representation of a hospital organization in Texarkana, Texas, resulting in a successful bankruptcy court sale of all of the hospital’s assets and a substantial increase in the stalking horse bid.   

Successfully defended a major wholesale supplier of wood products against an age discrimination charge brought in the U.S. District Court. Following the close of evidence after a 4-week trial, the trial court granted defendant’s motion for a directed verdict.

Defended a municipality in a 3-month zoning trial. Before plaintiffs rested, they moved to dismiss their case voluntarily after calling only 5 of their 30 witnesses.

Debtor representation of a large multi-state real estate developer in both Texas and Delaware. 

Committee and secured lender representation in a number of bankruptcy cases in Texas and Michigan. 

Representation of a national mortgage servicing company in numerous forbearance/work-out transactions related to the collapse of the home mortgage securitization industry in the mid-to-late 2000s.

Successfully defended a wealthy international family in a 9-month trial involving a multi-million dollar claim brought against it by a disgruntled sibling.

Counsel to a number of counterparties on ISDA swaps and derivatives transactions.

Successfully guided electrical and electronic devices manufacturer through a  landmark litigation crisis arising from a tender offer, proxy fight and takeover.

Represented the outside directors of a securities firm in a class action against it and resolved the matter without any personal liability to the clients.

Representation of general contractor in football arena aerial lift fatality. MIOSHA issued willful citations to subcontractors involved in the accident. After investigation the client general contractor did not receive any citations. Baseball sports arena comprehensive inspection involving fall protection and other issues.

Assisted client in various health and safety issues including multiple MIOSHA inspections and fatality investigations relating to power plant operations and electrical distribution issues.

Successfully prosecuted a policyholder’s multi-million dollar claim for environmental cleanup costs, including reimbursements of attorney’s fees and costs.

Defended an automotive supplier in double fatality administrative, civil and criminal matters.

Representation of major automaker in various accident and other health and safety MIOSHA cases.

Lead trial counsel in Securities and Exchange Commission action against former chairman of the board of hair salon franchise for insider trading.

Trial counsel for two minority shareholders who sued to enforce a drag-along rights provision and secured a $78 million judgment.

Lead trial counsel in a breach of contract action against retired American professional basketball player for failure to make a movie.

Represented manufacturing facility in train derailment fatality.

Defended an Illinois casino in a sex harassment/hostile work environment class action lawsuit and successfully defeated the motion for class certification.

Represented meat processing plant fatality Involving "general duty" clause violations.

Won a jury trial in the U.S. District Court of Fort Worth, Texas involving an indemnification claim brought by the former president and COO against his former employer and  major U.S. airline company.

Won a 5-month jury trial in the U.S. District Court in Minnesota alleging breach of contract and defamation on behalf of the nation's largest manufacturer of private label granola food products.

Representation of gas utility in various gas pipeline health and safety issues including regulatory "preemption."

Represented medical device company in licensing patents and transferring technology from doctors and universities related to surgical implants.

Represented medical device companies in analyzing scope and value of patent portfolios in mergers and acquisitions.

Represented a leading European industrial services company in connection with establishing its business in the United States, including representing the company in six add-on acquisitions and the ultimate sale of the U.S. operations to a French company.

Established an ESOP in connection with the sale of stock of a leading producer of fire brick products to a major company in the same industry.

Represented the management group of a hand tool company in the leveraged buyout of the company from its French parent company.

Worked with trial lawyers to defend a Tier One Automotive Supplier in a multi-contract dispute. Worked with in-house counsel and the client's information technology department to develop a cost effective plan for harvesting electronically stored information from multiple locations worldwide. 

Served as discovery team member for Department of Human Services in class action litigation involving over 19,000 children in the foster care system. Worked with the client to identify, collect and produce over 1 million pages of electronic and hard copy documents located in various offices throughout Michigan. 

Served as discovery team member representing large public school system in suit involving claims of embezzlement, fraud, breach of contract and unjust enrichment. Developed and implemented a review protocol for documents responsive to discovery requests. 

Incorporation of cities, annexation, detachment, and intergovernmental boundary agreements under Act 7 and Act 425 for the cities of Milan, Williamston, Harbor Springs, Tecumseh, Richmond, Hancock, Eaton Rapids, Adrian, Clinton, Roscommon, and Alpena, Chelsea, Dexter, Durand, Monroe, Clare, Roscommon, Gaylord, Cass City, Caseville, Caro, Sebewaing, among others.

Appointed by a leading medical device manufacturer as Lead National Counsel

Defense of major recycler of organic residuals in disputes involving product liability, personal injury and regulatory compliance claims.

Represented an international manufacturer, as plaintiff, in a number of complex, multi-party insurance coverage lawsuits filed in federal and state courts to obtain significant damages following denials of coverage by the client's insurance carriers. 

Defense of county against negligence, nuisance, inverse condemnation and trespass claims involving environmental contamination, including appeals involving governmental immunity.