Prevailed on summary judgment and in the 6th Circuit Court of Appeals in Dobrowski v. Jay Dee Contractors, Inc.

Successfully defended hospital against FMLA claim brought by a nurse who wanted to work a reduced schedule for a variety of personal and medical reasons.

Successfully defended numerous cases brought by Robert Davis alleging that public clients violated FOIA and the Open Meetings Act.

Defeated a preliminary injunction request by a state university employee and student newspaper editor claiming that they were retaliated against in violation of the First Amendment for running articles that were unflattering to the university administration. 

Investigation following a public allegation that a softball coach for a major university had intentionally thrown at a player during practice in retaliation for the player's complaints about the team.

In Hyde v. University of Michigan Board of Regents, 226 Mich App 511 (1998), the Michigan Court of Appeals agreed that an employee who refused to produce his medical records, asserting the physician-patient privilege, could not then seek to recover emotional distress damages.

Brought action on behalf of employer against former high level employee whose computer was used to access the company’s network, obtaining immediate injunction against the former employee and all requested remedies, including payment of attorney fees. 

Prior to the City of Detroit's Chapter 9 bankruptcy, and during and after the bankruptcy, the firm served as local counsel on numerous matters related to  labor, financing and the restructuring of various city departments.

In Branham v. Thomas M. Cooley Law School, 689 F.3d 558 (6th Cir. 2012), obtained successful result in first private university tenure case, establishing that tenure does not grant any right to continued employment or a removal procedure beyond that provided by contract. 

Negotiated an initial collective bargaining agreement between a community college and its part-time faculty.

Negotiated successor collective bargaining agreements between a university and its faculty union. 

Negotiated initial and successor collective bargaining agreements between a university and its teaching assistants union. 

Negotiated initial and successor collective bargaining agreements between several universities and their AFSCME (dining, custodial, grounds, maintenance, etc.) employees.

City/County Collective Bargaining

Negotiated dozens of collective bargaining agreements between cities/counties and their police, fire, AFSCME, etc. employees. 

In an 18-day contract interpretation arbitration, Kurt successfully represented a client that was privatizing a portion of its operations. With Kurt’s assistance, the client prevailed, thereby saving approximately $1 million per year. Subsequently, Kurt helped the same client successfully repair its relationship with the same union by utilizing mutual gains bargaining for the parties’ next round of collective bargaining negotiations.

In this First Amendment student press case, the plaintiff, a former journalistic advisor, was terminated by the paper's board of directors.

Counseled an international energy company in a dispute with the EPC contractor responsible for the engineering and construction of a liquefied natural gas terminal and regasification facility.

Counseled an international cement manufacturing company in a dispute with a specialty subcontractor involving the construction of a $1 billion cement manufacturing plant.

Successfully represented an independent power producer before the Georgia Public Service Commission.

Counseled an independent power producer in connection with a retrofitting project for a coal-fired power plant.

Defended a county government in a three-week jury trial involving a proposed public-private partnership to construct a wastewater treatment facility.

Represented principal developer of one of Michigan’s largest brownfield redevelopments in trade secrets dispute with former contractor relating to water filtration technology.

Represented principal developer of one of Michigan’s largest brownfield redevelopments in dispute with former contractor concerning trade secrets relating to water filtration technology.

Obtained dismissal for major oil company in business dispute involving tortious interference with business expectancies.

Represented major marketing services company in billion dollar dispute with monopolist involving complex anticompetitive schemes and product tie-ins.

Represented major oil company in multimillion dollar dispute with former branded distributor involving cross-hauling, the Petroleum Marketing Practices Act, and obligations arising from the distributor’s bankruptcy.

Represented major oil company in putative class action concerning nuisance and negligence allegations arising from an explosion at a refinery.

Successfully defended major oil companies in complex litigation matters concerning upstream natural gas production involving application of foreign and state laws.

Obtained dismissal for Michigan’s largest public energy company in overriding royalty dispute concerning allegations of breach of fiduciary duty, alter ego, fraudulent drainage and lack of unitization of a gas field.

Successfully prosecuted multi-million dollar claims of large petroleum company for breach of contract, warehouseman’s liability and account stated arising from asphalt storage tank failure.

Successfully defended a regional bank from claims of fraudulent activity on the purchase and application of title insurance which resulted in a complete exculpation of the client bank and an award of all attorney fees incurred in defending the bank.

Tried to the court a complicated UFTA claim against individuals, an insurance agency and law firm obtaining an award of more than $3.0 million cumulatively which included awards for contempt of court.

Successfully tried claims against financing bank for the cost to complete a multifaceted construction project after the owner defaulted allowing the client general contractor to be made whole.

Assisted in defense of independent automotive industry manufacturer against misappropriation of trade secrets and tortious interference claims brought by former employer.

Worked on team of lawyers representing Tier 1 automotive industry supplier in supplier's action for misappropriation of trade secrets against multiple former employees.

Helped obtain summary judgment and discovery sanctions on behalf of beverage manufacturer in action for misappropriation of trade secrets and copyright and trademark infringement.

Helped obtain favorable resolution of commercial client's lawsuit against former employee for improper use of employer's company funds.

Represented Encompass Pet Group, LLC in a case alleging that defendants engaged in unfair competition and infringement of Encompass’s intellectual property related to its highly successful SNUGGLE PUPPY® pet toy

Helped defend numerous Michigan municipalities against constitutional challenges to municipal charges including storm water, sewer, and housing code inspection fees.

Obtained summary disposition in putative class action challenging constitutionality of municipal water and sewer debt charges.

Assisted in defense of municipality and law enforcement officer against federal excessive force and wrongful death claims.

Worked on legal team successfully representing municipal client defending constitutional challenge to multiple municipal taxes.

Defended the Charter Township of Clinton, Michigan in a class action lawsuit alleging that the Township had misused millage funds collected for police operations by allegedly spending millage proceeds on police retiree health care benefits

Assisted in representation of numerous municipalities against class action lawsuits challenging basis of municipalities' fees for regulatory services.

Worked on team of lawyers representing commercial bank in consumer class actions challenging bank's overdraft fees.

Obtained dismissal of adverse possession action against nonprofit environmental conservancy.

Worked on team of attorneys representing client previously convicted of second-degree murder in retrial proceedings.

Represented Siris Capital Group, LLC and Digital River, Inc. in eight figure sale of Blue Hornet Networks, Inc. to Marlin Equity Partners.

Served on team of legal advisors to Digital River, Inc. (Digital River) on its sale of BlueHornet Networks, Inc. to Marlin Equity Partners. Digital River is a portfolio company of Siris Capital Group, LLC (Siris Capital). The transaction provided current realized value to Siris Capital while simultaneously positioning BlueHornet to accelerate execution on its business plan.

Assisted Low Income Tax Payer in completing income tax returns to ensure that they receive refunds and benefits they are entitled to.

Assisted a Michigan Not for Profit in drafting loan documentation in connection with a structured financing program aimed at increasing access to good food for low-income populations and building farmer capacity in Michigan.

Assisted a global non-profit headquartered in Michigan in revising draft loan documentation used to make small loans to entrepreneurs and agencies around the world.

Conducted the Committee for Foreign Investment in the United States (CFIUS) filing of a joint voluntary Notice for the single largest overseas acquisition by a Chinese automotive supplier in history.

Advised a multinational software manufacturer regarding an encryption classification and license exception ENC compliance for a proprietary software defined network product.

Assisted a U.S. start-up specializing in end-to-end encryption hardware with implementing an export control compliance program as required by venture capital investor for funding round.

Represented a majority shareholder in a multi-million business ownership dispute, that included claims for minority oppression, breach of employment agreement and failure to allow inspection of books and records. Obtained summary judgment in favor of the majority owner on all significant claims and negotiated a comprehensive settlement resulting in the buy-out of the minority shareholder on favorable terms to the business and majority shareholder.

Coordinated a multi-disciplinary team of lawyers to represent a National Governing Body of an amateur sport on the purchase of an arena/facility to serve as the home for the governing body’s national team development program. It was a complex project - one that included real estate, public finance, liquor license approval, sports and entertainment and other business-related matters. The purchase of the facility also included ancillary business operations that required extensive due diligence and coordination with local and state governmental entities for approval.

Implemented a rabbi trust agreement to secure manufacturing company promise of supplemental retirement benefits for senior management.

State Conduit Issuer:  $35,000,000 Revenue Refunding Notes (Hotel Project)

U.S. Commonwealth: $250,000,000 Transportation Revenue Bonds.

U.S. Commonwealth: $1,502,904,943.95 Transportation Revenue Refunding Bonds.

U.S. Commonwealth: $431,955,609.05 Highway Revenue Refunding Bonds.

State Conduit Issuer:  $39,500,000 Pollution Control Refunding Revenue Bonds.

State Conduit Issuer: $53,000,000 Pollution Control Bonds.

Municipal Housing Authority: $15,270,000 Housing Bonds.

Municipal School System: $247,000,000 Unlimited Tax General Obligation Refunding Bonds.

Municipality: $317,855,000 Airport Revenue Bonds.

County Government:  $26,000,000 General Obligation Bonds.

State Sports Authority:  $399,000,000 Stadium Revenue Bonds.

County Government:  $55,000,000 General Obligation Bonds.

County Government:  $60,000,000 General Obligation Bonds.

Participate in Chapter 11 proceedings with respect to American Equities, Emerald Casino, Farmland Industries, Fleming, Fremont General and K-Mart.

Various preference actions in bankruptcy courts in Illinois and Delaware.

Represent media concern in negotiations for $117,000,000 contract with public transportation agency.

The client served as general contractor for the construction of a luxury high-rise in downtown Chicago. After kicking its concrete subcontractor off the project for repeated delays and poor workmanship, the subcontractor recorded a lien and filed suit. The client failed to tender its defense to its liability insurer for more than two years. After taking over the case, we resolved the dispute with the client’s surety, obtained a recovery and the case settled on the eve of trial without financial contribution from the client.

The general contractor was hired to construct a warehouse and workshop for a public body in Illinois. After the client completed the project, which had doubled in scope, the public body imposed liquidated damages and rejected the client’s delay claim, causing more than a dozen subcontractors to file suit. Each subcontractor suit was resolved efficiently while a substantial recovery was obtained for the client after extensive documentation of critical path scheduling delays and cost impact.

After the construction of a significant Midwest airport expansion, the owner filed suit against the general contractor asserting aesthetic defects. After analyzing the client’s policies, coverage was found from an unlikely source and the client received a complete defense.

Another client entered into a new contract with a major Canadian railway operator, but wanted its insurance program analyzed to make sure it satisfied complex contractual requirements. The analysis revealed an insurance gap that the client’s insurance program had missed.

A subcontractor performed work on an interstate natural gas pipeline pumping station in downstate Illinois, but payment difficulties led to the owner and general contractor demanding a steep discount on final payment. The unpaid subcontractors grouped together to negotiate a deal for a handy discount, but a unique litigation strategy led to the client receiving a more favorable settlement in excess of the value of its lien.

A complicated series of transactions underpinned a scheme to defraud an investor of his title to several properties in the Chicago suburbs. After taking an assignment of the mortgage lender’s rights to pursue the wrongdoers, one of the co-conspirators filed for bankruptcy protection. The trial team prevailed on the client’s fraud claims, obtaining a judgment that was not dischargeable.

Represented a general contractor in defending a $5 million mechanics lien claim filed by a demolition subcontractor for the re-development of the historic Palmolive Building in Chicago, Ill. The subcontractor claimed that interference with its work by the owner, contractor and other events beyond the subcontractor’s control caused significant delay damages. Following a 10-day trial, the court entered judgment against the subcontractor on its complaint, and a further judgment in favor of the contractor on a counterclaim. The judgments were affirmed on appeal. The published appellate court opinion has been widely cited with respect to the meaning and enforceability of a contractual “merger” clause and the admission of extrinsic evidence.

Represented a design/build road and bridge contractor in a case involving the redesign and rebuilding of the interchange of two major interstate highways in Indiana. The design engineer, functioning as a subcontractor, miscalculated the excavation quantities, adding millions of dollars of unforeseen costs to the fixed-price project. A strategy was orchestrated that successfully brought together the engineer and all relevant insurance companies and brokers from five different jurisdictions into one case. The case was settled before trial for approximately 95 percent of the claimed damages.

Represented a general contractor for the construction of an East Coast water purification plant. A few days before the plant was scheduled to be turned over to the owner, a large diameter finished water pipe burst and flooded the plant. The owner suspended payments and began assessing daily liquidated damages. Litigation followed involving the owner, engineer and numerous subcontractors and suppliers. Ancillary litigation was filed in multiple states by or against insurance companies and insurance brokers. In the end, both the cost of defense and the cost of settlement were funded by the brokers, insurers and subcontractors, ultimately costing the client nothing.

Represented a general contractor against an owner’s allegations of defective construction of a 640,000-square-foot warehouse near Chicago. Complaints included significant roof leaks, automatic fire protection system malfunctions, inventory damage and defective concrete and asphalt. The owner, a major international corporation, sued the general contractor, three subcontractors and the architect. Sixty-five depositions, including 17 expert witnesses on a compressed schedule ordered by the court, were taken or defended and dismissal of significant portions of the case on summary judgment was obtained. The remaining claims were settled for substantially less than the owner had spent on attorney fees and expert consultants. All of the client’s settlement costs and all litigation expenses, including attorney fees from subcontractors and insurers, were recovered.

Represented a contractor in a builder’s risk insurance claim involving several large diameter reinforced concrete undersea pipelines near Virginia Beach, Va. The U.S. Army Corps of Engineers ordered significant rework after the pipelines began to crack due to movement of the sand in which they were laid. The matter was favorably resolved by mediation at no net cost to the client.

Represented a contractor in an arbitration claim against a major New England wastewater collection and treatment agency to recover extra costs incurred when the excavation of an interceptor access shaft hit an unforeseen aquifer that flooded the shaft, the cofferdam and surrounding properties. Simultaneously, a builder’s risk claim against an insurer that had already denied coverage was pursued. Both claims were settled for amounts that aggregated to 100 percent of the unpaid contract balance plus more than 90 percent of the claimed extra costs and water damage.

Represented a general contractor that was twice sued by major insurance companies seeking to collect millions of dollars of additional workers compensation insurance premiums. The policies in question were (allegedly) retrospective rated, i.e. the final premium would be a function of paid losses, not exposures. One case was tried to a jury, which returned a “not guilty” verdict in favor of the client. The other case was settled after a jury had been empaneled. The insurance company not only waived any claims for additional premiums, it instead agreed to refund excess premiums charged.

Represented the general contractor of an architectural award-winning suburban Chicago village hall, civic center and amphitheater. The village filed suit alleging that the masonry materials were defective. A motion for summary judgment under the statute of limitations prevailed and the ruling was sustained in the Illinois Appellate Court.

Engaged as special insurance counsel to assist in the representation of a general contractor for a 50-story Chicago apartment building that experienced significant spalling of its exposed concrete facade. Summary judgment was obtained against three insurance companies to cover the client’s attorney fees, expert witness fees and other defense costs in the lawsuit filed by the building owner. An additional $225,000 was recovered from one insurance company for insurer bad faith.

Represented joint interest owners of offshore federal and state oil and gas leases in the Gulf of Mexico. The owners were sued by another joint interest owner-operator to enforce oil and gas lien rights. The litigation expanded into a complex audit of fraudulent operator expenditures for the joint account, non-consent penalties for newly proposed gas wells, gas balancing, physical assault and seizure of an operating offshore gas production platform, an avoidable hurricane loss to an offshore semi-submersible drilling rig, insurance coverage for the blow-out of a gas well during drilling and multi-jurisdictional enforcement of oil and gas liens. The litigation was settled when the operator-owner bought out the client’s interests for a premium price.

Represented a suburban Chicago bank serving as a trustee of a deceased customer’s trust established for the benefit of his widow and children. The beneficiaries sued the bank for imprudently selling the trust’s significant common stock holdings in a “Fortune 500” public company without the consent of the widow, who was a co-trustee. By the time of trial, the stock had more than quintupled in value, and the case threatened to undo a pending sale of the bank. After a two-week bench trial, the court ruled in the client’s favor on all counts.

Represented a bank executor seeking to recover certificates of deposit that were registered in the joint names of the decedent and her nephew. At trial, proved the decedent’s purported signatures on the bank documents were forgeries. The court rejected the nephew’s late argument that the joint registration was a gift, done at the decedent’s direction.

- Provided advice to investment advisors with respect to the creation of a registered investment advisory firm, including preparation of the Form ADV and related brochures, the Client Management Agreement, the Compliance Manual and the Privacy Policy.

- Counseled investment advisors and RIA firms about their responsibilities under the Investment Advisors Act of 1940, the Investment Company Act of 1940, and compliance requirements promulgated by the Securities and Exchange Commission.

- Provided compliance-related advice to registered investment advisory firms, and represent firms and individuals in SEC, NYSE and FINRA regulatory investigations and inquiries.

- Represented registered investment advisory firms in connection with the purchase and sale of other RIA firms.

- Counseled businesses with respect to the enforcement or defense of non-compete and non-solicitation agreements.

- Acted as outside general counsel of privately held businesses, providing advice with respect to ownership, duties of officers and directors, the rights of shareholders, and corporate governance and regulatory issues.

- Successfully represented a company seeking hundreds of thousands of dollars from defendants who promised to invest the company’s assets under a convoluted investment scheme involving banks and investment firms located in the United States and England.

- Served as lead counsel in FINRA arbitrations defending investment advisors and registered representatives from claims alleging misrepresentation, failure to properly manage investment accounts and misuse of investment strategies.

- Successfully represented large, nationwide broker-dealers seeking to enforce restrictive covenants against departing investment advisors who stole confidential and proprietary client information.

- Successfully represented securities brokers in Illinois, Wisconsin, Indiana, Michigan, Ohio, Missouri, Nebraska, Arizona, California, Florida and New York who transferred to other broker-dealers and who were sued for violating their non-solicitation agreements.

- Represented insurance agents and securities brokers in regulatory actions and investigations conducted by FINRA, the NYSE, and Oregon, Wisconsin, Indiana and Illinois.

- Represented two investment advisors in numerous lawsuits charged with violating federal and state securities laws, as well as breaching fiduciary duties and committing common law fraud, in connection with a series of private placement investments.

- Represented a securities broker-dealer in connection with a legal malpractice action against its former counsel relating to counsel’s defense in a multi-million dollar securities fraud lawsuit.

- Represented a bankrupt entity seeking insurance coverage from a large, nationally prominent insurance conglomerate for thousands of policyholders who had warranty claims on extended service agreements that remained in force for up to 10 years.

- Represented a multi-national manufacturing company in connection with claims brought by an international customer alleging breach of contract relating to allegedly improperly manufactured equipment sold by the client.

- Represented a company engaged in the manufacture and sale of prefabricated homes in connection with a breach of contract action against Fannie Mae for failure to fund the venture, which failure caused catastrophic loss to the client.

- Successfully represented a fidelity bond carrier in connection with claims by several banks for losses resulting from millions of dollars in fraudulent loans made by bank employees.

- Defended a national general contractor in connection with claims for millions of dollars in “extra” work relating to the reconstruction and enlargement of a large water treatment facility in Illinois.

- Successfully represented a large Chicago-area general contractor seeking hundreds of thousands of dollars of additional costs from the City of Chicago in connection with a project for the Chicago Department of Water. The construction ran into numerous below ground interferences as well as unreasonable demands by the Water Department.

- Represented a title insurance company in connection with claims brought by owners of real estate for the fraudulent transfer of title to property insured by the title insurance company.

- Represented an environmental construction company in connection with multiple claims for millions of dollars in additional services provided in connection with the remediation of a 10-acre PCB contaminated site. The litigation involved a six-week trial, with 11 expert witnesses, resulting in a multi-million dollar verdict in favor of the client.

•  Obtained reversal of summary judgment from Illinois Supreme Court on behalf of steel and metals industry client, on issues relating to advisory opinions and the Illinois Limited Partnership Act, and in matter addressing the scope of successor liability in Illinois. See Pielet v. Pielet, 2012 IL 112064, 978 N.E.2d 1000 (2012).

•  Resolved claims successfully on behalf of a purchaser of a dental practice, against the seller of the practice, for breach of restrictive covenants and other material terms of an asset purchase agreement.

•  Defended an investor corporation in a large restaurant chain successfully against claims brought by an investment banking firm, relating to a business combination with a similar restaurant chain.

•  Served as lead counsel in corporate client’s action against former president for breach of fiduciary duty, and successfully obtained contribution from former president, which resulted in significantly reduced liability for client.

•  Served as lead litigation counsel representing member of Illinois House of Representatives in matter seeking the return of Trust Fund Recovery Penalty assessed by the Internal Revenue Service in connection with representative’s unpaid volunteer position on the board of directors of a nonprofit organization.

•  Served as lead counsel in successful defense of candidate for Chicago Public School board who was accused of paying for votes, resulting in affirmation of election result in favor of the candidate.

•  Served as team member that successfully argued before the Illinois Appellate Court for reversal of a summary judgment entered against large steel and metals industry client on issues of successor liability and breach of contract. See Pielet v. Pielet, 407 Ill. App. 3d 474, 942 N.E.2d 606 (2d Dist. 2010).

•  Obtained dismissal of claims brought against large steel and metals industry client pursuant to the Illinois Fraudulent Transfer Act.

•  Represented homebuyers in a lawsuit against the seller for undisclosed material defects in a $1.25M home. Secured an $837,980 judgment after an 8-day jury trial, including $465,000 in damages for common law fraud (including punitive damages) and over $330,000 in fees and costs. Enforced collection through recorded judgments, bank seizures, and a fraudulent transfer suit, ultimately recovering over $746,000. Court awarded additional post-judgment fees, bringing total recovery to over $505,000 for the clients' litigation costs.

•  Obtained judgment after trial on behalf of real estate title insurance company as assignee of claims relating to breach of statutory covenants of warranty deed and breach of contract, and addressing failure to convey property that was previously taken by City of Chicago. 

•  Served as lead counsel for Chicago Loop commercial landlord client in suit brought by former department store tenant in connection with lease termination, and resolved the tenant’s claim without a trial and in time to facilitate a loan modification with lender, which was integral to success of project.

•  Defended managing members of an LLC against claims for breach of fiduciary duty and for accounting in relation to a Loop commercial and residential property.

•  Successfully argued for dismissal of fraud claims alleged against an individual principal of real estate development company in connection with the disposition of an office building located in a northwest suburb of Chicago.

•  Prosecuted and defended numerous claims for Chicago-area residential real estate developers relating to construction of new and rehabbed condominium buildings, including breach of contract actions, construction matters, loan workouts and foreclosures, and suits filed by condominium associations.

•  Served as lead litigation counsel for corporate tenant client’s successful claims against landlord entity and its principals for breach of commercial lease agreement, common law fraud, and violation of the Illinois Consumer Fraud and Deceptive Business Practices Act. The matter was favorably resolved by settlement after early rulings in the case in favor of the tenant.

•  Obtained affirmation of judgment from Illinois Appellate Court in favor of large general contractor and against subcontractor, where subcontractor argued on appeal that exceptions to contractual delay damages prohibition should apply. See Asset Recovery Contracting, LLC v. Walsh Construction Company of Illinois, 2012 IL App (1st) 101226 (2012).

• Served as lead counsel in defense of Chicago Loop real estate development company against 15 separate claims brought by contractors under the Illinois Mechanics Lien Act and successfully resolved all claims without a trial for high-profile property during critical phase of project.

•  Served as lead counsel representing Chicago Loop commercial landlord against numerous claims brought by tenant’s contractors pursuant to the Illinois Mechanics Lien Act, and relating to tenant’s interior restaurant construction, and effectively and efficiently resolved all claims.

•  Defeated a multi-million dollar claim for consequential damages against large general contractor client for its work on a high-rise property on Michigan Avenue.

•  Obtained judgment in favor of large general contractor in a multi-million dollar action brought by subcontractor for breach of contract, delay damages, and to foreclose mechanics lien. The trial team also obtained a judgment on a counterclaim for breach of contract against the subcontractor in excess of $300,000.

Telecommunications Provider: $148,383,146 Zero Coupon Non-Recourse Secured Notes.

Pharmaceuticals Company:  $250,000,000 7.75% Senior Subordinated Notes.

Pharmaceuticals Company:  $325,000,000 Senior Floating Rate Notes.

Insurance Company: $285,400,000 Liquid Yield Option Notes (Zero Coupon-Senior).

Electric Utility:  $350,000,000 6.875% Senior Notes.

Electric Utility:  $250,000,000 6.400% Senior Notes.

Aerospace component manufacturer: $275,000,000 7 3/4% Senior Subordinated Notes.

Electric Utility:  $400,000,000 6.20% Debentures.

Medical device manufacturer: $600,000,000 6.00% Notes.

Medical device manufacturer: $600,000,000 6.40% Notes.

Consumer products manufacturer: $125,000,000 9 5/8% Senior Subordinated Debt Notes.

Health Care Company: $100,000,000 5.75% Convertible Subordinated Debentures.

Bio-technology company in connection with SEC registered stock option and retirement plans.

Portfolio Company, Private Equity Fund: $220,000,000 9 3/8% Senior Subordinated Notes.

Portfolio Company, Private Equity Fund: $141,910,000 11 ¾% Cumulative Redeemable Exchangeable Preferred Stock.

Community Bank Group: $64,080,000 initial offering of Common Stock.

Bank Holding Company: $215,250,000 offering of Common Stock.

Bank Holding Company: $200,000,000 offering of 10 3/4% Cumulative Preferred Stock.

Bank Holding Company: $150,000,000 offering of 10 1/8% Subordinated Capital Notes.

Multi-hospital joint venture in $6,000,000 acquisition of medical specialty practice.

U.S. Private Equity Fund in $24,200,000 leveraged acquisition of full service hotel. 

U.S. Private Equity Fund in $5,700,000 leveraged acquisition of limited service hotel.

U.S. Private Equity Fund in $16,000,000 leveraged development of extended stay facility.

Real estate partnership in $3,200,000 bid on an 800 acre plus parcel of land in bankruptcy proceeding.

U.S. Telecommunications Provider: numerous acquisitions of nation-wide wireless spectrum rights and contribution thereof to multi-party joint venture capitalized at $14,500,000,000.

U.S. Financial Institution in disposition of Chicago exchange based commodities trading firm.

Management Services company in its acquisition of a business process outsourcing company.

Steel products manufacturing company in proposed $60,000,000 sale.

Specialty automotive manufacturer in proposed $60,000,000 acquisition of U.S. and U.K based assets.  

Recycling and Disposal Company:  $57,000,000 acquisition of common stock and related assets.

Bank Holding Company in disposition of institutional trust business.

Bank Holding Company in disposition of credit card business.

Bank Holding Company in acquisition of community bank group.

Bank Holding Company in acquisition of multi-bank holding company.

Real Estate Investment Trust in $28,100,000 sale via tender offer.

U.S. Private Equity Fund in acquisition of telecom manufacturing company.

U.S. Private Equity Fund in acquisition of specialty fixture manufacturing company.

Belgian industrial company in acquisition by U.S.-based Fortune 200 company

German Logistics Company: EUR 45,000,000 Term Loan Facility.

German Logistics Company: EUR 10,000,000 Revolving Credit Facility.

European Financial Institutions: £600,000,000 Credit Facility.

European-based natural resources company: $1,000,000,000 Senior Loan Facilities.

Oil Equipment Manufacturing Company: $465,000,000 12 1/4% Senior Secured Notes secured by assets in the U.S., U.K. and Far East.

Advise German private bank as to use of business trusts in the United States.

Kuwait-based underwriter in listing U.K company on Kuwait Stock Exchange.

Japanese Financial Institution: $32,461,737.40 Rail-Car Lease Financing for U.S. Transportation Company.

Japanese and Italian sponsors in formation of various off-shore hedge funds. 

U.S. Advertising Agency: $200,000,000 sale via auction to publicly-traded French multi-national company.

Canadian Bank Holding Company: $125,000,000 acquisition of U.S. credit card business.

Dutch Private Equity Fund in $75,000,000 acquisition of Caribbean beverage distributorship.

Dutch Private Equity Fund in $746,910,000 acquisition of U.S. automotive component manufacturer.

Dutch Private Equity Fund in $345,000,000 acquisition of U.S. office supply company.

Dutch Bank Holding Company: $4,000,000,000 Floating Rate Asset Backed Certificates.

Dutch Bank Holding Company: $1,139,750,000 Floating Rate Asset Backed Certificates.

Dutch Bank Holding Company: $107,800,000 Floating Rate Asset Backed Certificates.

Dutch Bank Holding Company: $26,950,000 Floating Rate Asset Backed Certificates.

Dutch Bank Holding Company: $180,400,000 Floating Rate Asset Backed Certificates.

Dutch Bank Holding Company: $45,100,000 Floating Rate Asset Backed Certificates.

Hospitality Investors: $3,100,000 offering for destination event facility. 

State Pension Fund: numerous $50,000,000 to $200,000,000 investments in private equity, bond and real estate funds.

Equity sponsor: placement of securities comprising fractional interests in real estate under IRC 1031.

Water Utility: $15,000,000 5.99% First Mortgage Bonds due 2036.

Telecommunications Provider: Convertible Preferred Stock.

Insurance Company:  $12,000,000 7.41% Series Cumulative Preferred Stock.

Advised a U.S. entrepreneur on the ITAR Broker requirements to finance the development and deployment of reconnaissance aircraft in the EU.

Assisted a U.S.-company, with a Chinese affiliate, involved in the acquisition and distribution of rare-earth minerals to prepare an export control classification of their products and complete the Rare Earth Elements Survey.

Advised a U.S. start up with a new “big data” product as to the impact of export controls on software development strategies with a new Chinese affiliate. 

Conducted the Committee for Foreign Investment in the United States (CFIUS) filing of a joint voluntary Notice for a Chinese client purchasing a U.S. Business, including U.S.-controlled assets and technology.

Represented regional bank providing domestic and foreign credit facilities to a global manufacturer supported by domestic and foreign subsidiaries and the U.S. Ex-Im Bank.

Represented large national bank in providing domestic and foreign credit facilities to a high-tech manufacturer supported by the U.S. Ex-Im Bank.

•   Represented a national title insurance underwriter and its agent in a case establishing, for the first time in a Michigan appellate decision, that neither title insurers nor their agents are subject to tort liability.

•   Represented a national title insurance underwriter, its agent and employees in obtaining summary judgment in a case filed by the insured alleging fraudulent misrepresentation, tortious interference with a contractual relationship, breach of fiduciary duty and conspiracy. Affirmed on appeal by the Michigan Court of Appeals and leave to appeal denied by the Michigan Supreme Court.

•   Represented a national lender in a claim brought by the bankruptcy trustee seeking to avoid two mortgages on the debtor’s property as preferential transfers on the grounds that the mortgages were not properly perfected because they contained defects in their notarization. In granting the lender’s motion to dismiss, the Court held that when the validity of the signatures is not an issue, a defect in the notarization does not rebut the presumption of validity of an instrument that is received and recorded by a register of deeds. 

•   Represented a national title insurance underwriter in an arbitration proceeding involving a denial of title insurance coverage. Defeated coverage based on the “created subsequent to the Date of Policy” exception and the insured having sold the property condition/stipulation.

•   Represented a national title insurance underwriter in defending a claim involving an undisclosed easement, based upon the “assumed or agreed” exception.

•   Represented a property owner in successfully defending a claim by the neighboring property owner seeking to block access to the insured’s property based upon claims that the use of an easement across the neighbor’s property for ingress and egress would constitute an overburdening of the easement.

•   Represented a national title insurance underwriter in defending a claim for breach of contract. Obtained a settlement that limited the loss to five percent of the amount claimed based upon the failure to notify the insurer exception and the insured having settled the claim without the insurer’s consent.

•   Represented a property owner in successfully defending a claim by the neighboring property owner seeking to take 20 percent of the property under the acquiescence doctrine.

•   Represented a national title insurance company in defending a claim by the insured involving the failure to identify a deed restriction.

•   Represented property owners in a case involving the statutory interpretation of the Plat Act regarding the vacating of a paper street. Obtained a settlement to avoid having to tear down two industrial buildings that were built over the property line.

•   Represented a national lender in successfully defending a claim brought to set aside a mortgage transaction based upon the borrower’s alleged lack of capacity to enter into the transaction.  

•   Represented Fortune 500 companies including multiple fast food restaurants and oil companies in appearances before Planning Commissions, City Councils, Township Boards and Board of Zoning Appeals in obtaining re-zonings, site plan approvals and variances to permit the development of restaurants and gas stations.

•   Represented national restaurant chain in proceedings before the State of Michigan Barrier-Free Design Board involving claims that restaurant bathroom facilities were not in compliance with the Americans with Disabilities Act and State Handicap Civil Rights Act.

•   Represented national fast food chain in proceedings before the Michigan Department of Environmental Quality in order to obtain construction approval to locate a new restaurant in a 100 year flood plain.

•   Represented national fast food chain in condemnation proceedings involving municipal road widening projects.

•   Represented restaurant property owner in dispute with adjoining property owner involving use restrictions which could limit development for a competing restaurant use.

•   Represented restaurant property owner in dispute with national big box retail developer in claims involving big box retailers’ attempts to limit access to the restaurant property during demolition/reconstruction of the adjoining big box shopping center site.

•   Represented national restaurant chain in defending litigation brought by adjoining property owners alleging that the proposed restaurant development on a shopping center out parcel resulted in an overburdening of the easement involving a shared driveway.

•   Represented restaurant property owner in dispute with adjoining property owner involving cross access and cross parking agreement rights.

•   Represented property owners in obtaining revisions to private subdivision deed restrictions which otherwise limited the use of the property to residential use.

•   Represented property owners in vacating “paper” streets and public alleyways in order to permit development of the clients’ property.

•   Represented property owners in boundary disputes involving disputed claims to property based upon adverse possession and/or prescriptive easement claims.

•   Represented a large regional shopping center owner in a dispute with a very litigious tenant, who had claimed damages of more than $50 million. After a four-week trial, the court not only entered a verdict of no cause of action, but also ordered the tenant to vacate the shopping center and determined that the owner was entitled to recover its attorney fees.

•   Represented the general partner in a real estate partnership dispute seeking to enforce guarantees against former limited partners and defending the limited partners’ claims for breach of fiduciary duty and negligence against the general partner. After a 14 week trial, the court entered a judgment of more than $1 million in favor of the general partner with regard to the claims on the guarantees and entered a verdict of only $22,000 with regard to all of the limited partners' claims.

Represented an automotive parts manufacturer in obtaining a written determination from the state environmental agency that its test facility for recalled air bag inflators did not require a hazardous waste treatment license.  

Provided transaction support to a Chinese-based client in the multi-million dollar purchase of a large float glass manufacturing facility, including retaining a consultant, reviewing reports, assessing environmental risks, and performing environmental due diligence for the site that included Phase I and II Environmental Site Assessments and a Compliance Review of Environmental Permits. 

Represented Fortune 100 company in all areas of its corporate real estate portfolio, including leasing, acquisitions, dispositions, design and construction projects, and all other real estate related transactions.

Advised national retailer with respect to the leasing, subleasing, and tenant management of its owned shopping centers.

Negotiated and closed over $78,000,000 in REO sales in Michigan, Illinois, and across the Midwest for a national banking client. Also advised the bank with respect to property management and leasing issues.

Represented North American unit of an international automotive supplier with respect to all facets of its office, warehouse, and manufacturing facility leasing needs in the United States.

Advised multinational software and 3D printing company on the acquisition of its U.S. headquarters in metropolitan Detroit.

Handled land acquisition, title clearance, environmental, leasing, and related development issues for the new sports arena and events center located in Detroit, Michigan, that opened in September 2017.

Represented Fortune 100 company with respect to the real estate portion of its merger and acquisition transactions, including the resolution of title, survey, and lease assignment issues.

In separately litigated matters, Amy has secured preliminary injunctions in various federal and state courts for trademark violations under the Lanham Act for cross-hauling, misbranding and other related trademark issues. Amy regularly represents companies experiencing trademark infringement, including but not limited to counterfeiting and/or misbranding of consumer products.

Successfully defended one of the “Big 3” automotive manufacturers in multiple litigations concerning faulty products.

Defended large tobacco company in putative class action involving allegations of false branding/labeling.

Represented developers, builders and real estate management companies in commercial lease, land use, partnership, business torts and related environmental issues.

Extensive experience representing investors, financial institutions and development/drilling companies and manufacturers in oil and gas leases, developments, easements, land restrictions/platting, royalties, timber/vegetation and related disputes. Her experience ranges from lease negotiation and drafting through litigation. Amy has handled oil and gas lease issues in Michigan and Ohio.

Handled oil well development disputes that have included contract negotiation, real estate (title, zoning, easement), trespass, nuisance, adverse possession and development rights.

Represented large natural gas energy company in contract negotiations concerning hot flame, transportation, propane and pricing issues.

Extensive experience representing investors, financial institutions and development/drilling companies and manufacturers in oil and gas leases, developments, easements, land restrictions/platting, royalties, timber/vegetation and related disputes. Her experience ranges from lease negotiation and drafting through litigation. Amy has handled oil and gas lease issues in Michigan and Ohio.

On numerous occasions, Amy has represented major refiners and franchisors in all aspects of petroleum marketing-related counseling and litigation, including terminations pursuant to the Petroleum Marketing Practices Act (PMPA) and multi-dealer litigation involving unfair pricing, product shrinkage, assignment and other franchise related issues in courts throughout the United States, including Alabama, Florida, Illinois, Indiana, Kentucky, Michigan, North Carolina, Ohio, Pennsylvania, Tennessee, Texas and Wisconsin. 

Represented a hedge fund in $126 million sale of a single-family rental portfolio in seven states. The homes were located in Georgia, Arizona, Texas, North Carolina, Colorado, Mississippi and Tennessee. 

Represented putative class of cranberry growers suing an agricultural cooperative for unfair trade practices and fixing the prices of cranberry concentrate in violation of antitrust and state laws.