Assisted a Canadian technology company with a U.S. subsidiary to classify its robot technology under U.S. export controls, including robot components, software and technology, along with accompanying cameras, sensors and lasers.

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.

Defended the NCAA against putative class claims brought by student-athletes alleging the NCAA violated the antitrust laws by fixing prices and establishing regulations that resulted in a group boycott in connection with alleged use of student-athlete likenesses in video games.  

Defended against putative class claims brought by consumers under the Fair Credit Reporting Act. The case settled before class certification.

Defended the NCAA against putative class claims brought by student-athletes alleging colleges and universities violated the antitrust laws by fixing prices and establishing scholarship regulations in the sports of football and men’s basketball. The case settled while the NCAA’s motion to decertify the class was pending.  

Miller Canfield served as local counsel to the City of Detroit in connection with its Chapter 9 bankruptcy case filed in July 2013 and its ongoing restructuring efforts. Since the City confirmed its Plan of Adjustment in December 2014, Miller Canfield has continued to represent the City in connection with many aspects of its Plan implementation, appeals of Plan confirmation, set up of the Great Lakes Water Authority, and a variety of financings. 

Represent clients ranging from Telecommunication, Semiconductor and Energy multinational companies in drafting and prosecuting worldwide patent applications. 

Represent a top US semiconductor company in a Chinese patent infringement litigation and defend the claims in the corresponding invalidation process.  

Conduct FTO analysis including infringement analysis and invalidation analysis for a leading regional IT company regarding its NFC solution. 

Conducted patent searches and investigations for automotive company of new and existing products to ensure products avoid conflicts with competitor patents and safely enter into a new market.

Prepare, file and prosecute hundreds of U.S. and Foreign patent applications for several Fortune 500 automotive manufacturers.

Represented Equity Administration Solutions, Inc., the world’s largest SaaS stock plan software provider to both public and private companies, in its acquisitions of (i) Rivet Software, Inc., the third largest (by filings) public company financial filings and XBRL tagging service provider in the US in stock acquisition and (ii) OptionAdmin, Inc. a recognized leader in the field of corporate equity management in an asset acquisition

Review Request for Proposal, including ITAR components, and prepared Response for first tier contractor to a U.S. military ground vehicle project.

Performed detailed specially designed analysis regarding military aircraft components classified under the EU Military List, and initially caught under ECCN 09A610 classifying Military Aircraft and Related Commodities.

Performed detailed specially designed analysis supporting the release of Ground Vehicle components formerly classified under the ITAR, and initially caught under ECCN 0A606.x pursuant to export control reform.

Advised a U.S. software development company as to the impact of upon its Australian subsidiary within when hiring Iranian national software programmers.

Preview with the Bureau of Industry and Security (BIS) regarding the potential acquisition of a U.S.-target which manufactures 600 Series items by a Chinese acquirer.

Drafted export control regulation provisions required for simulation software end-user license agreements (EULA).

Prepared destination control statement regarding end-user and end-use restrictions for vehicle simulation software.

Advised a technology company as to a voluntary self-disclosure with the Bureau of Industry and Security regarding exports of controlled encryption software.

Drafted health data management software and services agreement, detailing software support services, software functionality and the HIPAA Business Associate Agreement.

Prepared a license agreement between a software reseller and licensor permitting the resale of the licensor’s software and providing for application, maintenance and support.

Drafted the e-commerce terms and conditions for the U.S. website of a multinational European coffee brewer manufacturer.

Drafted the terms of service and privacy policy for the U.S. affiliate of one of the largest automotive corporations within China.

Prepared Software License Agreement for a data aggregator of the National Highway Traffic Safety Administration (NHTSA) and the Center for Auto Safety (CAS) statistics.

Led legal team on $650 million sports arena and related development located in Detroit, Michigan. The project is one of the most significant public-private partnerships in the Midwest, and is expected to generate $1.8 billion in economic development and 1,100 permanent jobs in the area. Related work involved real estate, land acquisition, title clearance, environmental, legal structuring, multi-level economic incentives, planning, zoning, financing, leasing, special legislation, tax-exempt bonds, architect agreements, construction and labor.

Successfully tried and defended the City of Detroit against a potential class action lawsuit that drew international attention regarding the City’s program of shutting off water to non-paying customers. 

Assisted top private equity group in a carve-out transaction valued at approximately $250 million.

Assisted top private equity group in transaction valued at approximately $352 million.

Representation of the company during its expansion of supermarket chains in Poland by providing legal advice on numerous development projects, including securing and subsequent purchase of the lands, lease of the lands, buildings and premises, as well as assistance with the construction process.

Representation of the company in commercialization of the commercial center, negotiations of the contracts with the tenants. 

Representation of the entrepreneur in the administrative proceeding on environmental issues concerning realization of the petrol station.

Representation of the residential developer in the process of sale of the real property with residential project.

Due diligence of the complex of the real properties developed with structures of historical value in connection with realization of a large commercial project.

Representation of various individuals in civil and administrative proceedings, including matters connected with maintenance of the real properties.

Represented Beijing-based Pacific Century Motors, Inc., on its acquisition of Nexteer Automotive from General Motors Co.

Represented Zhongshan Broad Ocean Motor Co., Ltd., on its $130 million acquisition of Prestolite Electric (Beijng), Ltd., a Beijing-based Sino-foreign joint venture.

Represented Ophoenix Capital Management Inc. on its acquisition of Prestolite Electric, LLC.

Represented Mexican auto supplier Metalsa SA de CV on its $200 million senior unsecured credit facility and its credit facilities with Export Development Canada.

Represented multinational automotive supplier on its $146 million senior secured revolving credit and term loan credit facility.

Represented Mexican aircraft services company Aeroservicios Especialzados, S.A. de C.V., in its $75 million senior secured aircraft credit facility.

Negotiated buy-sell agreement for the sale of a U.S. company’s local subsidiary to a Brazilian company, including arrangements for continued distribution of the U.S. company’s products by the purchaser after the sale of the local subsidiary.

Developed and implemented a U.S. legal compliance program for the international subsidiaries of a U.S.-based automotive company. This included development of local language and culturally relevant materials, presentations and responding to compliance issues as they developed.

Negotiated and documented numerous buy-sell agreements for international distribution companies in the automotive sector. These transactions involved extensive due diligence reviews and multiple agreements under U.S. and foreign laws.

Managed the successful defense of various litigation and arbitration matters initiated by terminated international automotive distributors in various jurisdictions. This included arbitrations before the London Court of International Arbitration and the International Chamber of Commerce, both of which resulted in favorable outcomes for the automotive company client. 

Negotiated favorable settlement of customs charges in excess of US$100 million pending against subsidiary of US company, which resulted in dismissal of the charges and minimal monetary payments by the affected company. This matter involved managing counsel in multiple jurisdictions and discussions with senior U.S. and foreign government officials.

Provided long-term on-site legal support to a Fortune 500 medical device manufacturer and assisted with day-to-day in-house matters, including contract review and negotiation, M&A due diligence, and corporate governance.

Represented Mexican auto supplier Metalsa SA de CV on its $150 million acquisition of the structural products business from US-based Dana Holding Corp.

Represented major international airport authority board in the negotiation of a contract to permit the re-designation of a portion of FTZ space.

Established several Michigan nonprofit corporations and obtained 501(c)(3) tax-exempt status.

Successfully argued an appeal on behalf of an automotive manufacturer seeking a tax refund from the Department of Treasury.

Counsel to local governmental authority for large public infrastructure upgrade.  

Counsel to local government involved in massive debt and operational restructuring.

Represented a local school district in response to a high-profile and voluminous Freedom of Information Act request.

Aided large regional bank in revising in-house form loan documentation to comply with updated law.

• Represented captive finance company of OEM in distressed dealer loans in excess of $80 million, successfully transitioned ownership of dealership through Bankruptcy Section 363 sale and achieved dismissal of lender liability suit.

• Represented national bank in proceedings to enforce $13.2 million construction loan mortgage; defense of lender liability claims by borrower and multiple construction lien claims involving a partially completed high-rise luxury condominium project. Client ultimately made note sale of loan documents and was dismissed from the case.

• Represented commercial bank co-lenders in receivership, foreclosure and assignment of sheriff's deeds regarding $35 million loan secured by real estate mortgage on medical office building facility.

• Represented commercial bank lender for loan enforcement of residential construction loans and defense of lender liability claims. Republic Bank v. Modular One, LLC, 232 Mich.App. 444, 91 NW2d 555 (1998).

• Represented lenders (principally life insurers and commercial banks) in large number of commercial real estate loan workouts, foreclosures, deed in lieu transactions, receivership sales and related real estate proceedings.

• Represented equipment financier in foreclosure and repossession of equipment owned by substantial road building company. 

• Represented multiple asset based lenders in enforcement of security interests in state court, federal court, and bankruptcy proceeding as well as out-of-court agreements for surrender of assets.

• Represented commercial lenders in working with criminal authorities to prosecute auto dealers for fraudulent transactions involving borrowings.

• Represented national construction manager regarding claims in excess of $70 million involving construction of NFL football stadium.

• Represented joint venture of national construction managers in resolution of claims by trades involving construction of MLB ballpark.

• Represented national construction manager on claims involving high-rise hotel situated within General Motors' world headquarters.

• Represented public utility in defense of action filed by process piping contractor asserting a multitude of claims aggregating $5 million for claimed added scope and alleged design deficiencies resulting in increased costs, inefficiencies and delays with respect to a compressor project.

• Represented affiliate of public utility in defense of a suit filed by contractor for additional compensation in excess of $1 million in connection with a contract for steel and equipment erection at generating station site alleging failure to provide material and equipment, complete foundation work and obtain necessary permits in a timely manner.

• Extensive experience in construction lien proceedings, payment and performance bond enforcement, judicial mortgage foreclosure proceedings and post-judgment enforcement of real estate liens and interests.

• Counsel for landlord in proceeding to enforce administrative expense claim in bankruptcy proceeding of automotive supplier. In re Plastech Engineered Products, Inc., et al, Debtors, 2009 Bankr. Lexis 932 (Bkrtcy. E.D. Mich 2009) (counsel for International Products Warehouse, L.L.C.)

• Represented forwarder of retail repossession accounts in defense of purported class action filed by competing repossession agent. Badeen v. PAR Inc., 2014 W: 268068 (Mich. S.Ct 2014)

• Achieved a multimillion dollar settlement of a highly contentious claim for breach of a letter of intent between two parties which had an ongoing business relationship. This was accomplished through effective use of a mediated process.

• Represented national consumer products company in defense of claims by bankruptcy trustee of a corrugated box company arising out of fraudulent scheme involving factoring of invoices. In re United Container LLC; E.S. Bankest LLC v. United Florida Beverage, LLC, 284 B.R. 162 (Bkrtcy S.D. Fla 2002)

• Represented purchaser of industrial tank cleaning operation in resolving dispute over prior tax sale of property.

• Represented international manufacturer of laminate flooring in defense of claims asserted by bankruptcy trustee for recovery of amounts in excess of $100 million based upon investment in retail flooring operation of debtor and breach of fiduciary duty and conflict of interest allegations.

• Represented owner of insurance agency in successful defense of claim by former owner to set aside stock sale based upon alleged duress and undue influence.

• Represented sports agency in obtaining dismissal of suit for commissions on NBA signings to compel matter submission to arbitration. Kim J. Grillier v. CSMG Sports, Ltd. et al, 2009 WL 1689601 (E.D. Mich 2009)

• Represented automotive supplier in defense of commission claims by former salesman.

Designed trademark use system that protected the client’s trademarks while allowing use by both the client and its customers.

Assisted Fortune 500 automotive parts supplier in clearing and registering new brand name and logo internationally in over 85 countries

Maintain international trademark docket of international franchisor in over 74 countries.

Manage worldwide trademark portfolio for developer of boutique hotels and resorts. 

Represented a real estate investment company in connection with the acquisition of an approximately 750,000 square foot portfolio of seven industrial buildings from a life insurance company and the simultaneous disposition of four of the buildings to two separate purchasers. Subsequently represented the owner in connection with the leasing and disposition of various properties in the portfolio.  

Represented a real estate investment company in connection with the $38.1 million acquisition and partial leaseback of an office campus and the financing of the acquisition through mortgage and mezzanine loans.  

Represented a lender in connection with the purchase of a non-performing loan from a special servicer and the subsequent successful negotiation of a deed-in-lieu of foreclosure agreement with the borrower.  

Represented a real estate investment company in connection with the formation of a joint venture to acquire a high-rise office building, adjacent parking structure, and ancillary parking facilities and represented the joint venture in financing the acquisition through a mortgage loan facility made by a public pension fund. 

Represented multiple affiliated entities in connection with the structuring of a series of mergers and formation of a new joint venture, followed by the partial sale and partial contribution of an approximately 890,000 square foot portfolio of industrial buildings to the new joint venture. Simultaneously represented the new joint venture in connection with the negotiation of loan assumption transactions involving mortgage loans originally made to the predecessor entities.  

Represented a landlord in connection with the negotiation of retail leases for shopping centers located in Illinois and Virginia.  

Successfully defended major oil companies in complex litigation matters concerning upstream oil and 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.

Represented large refinery in construction-related claims arising from expansion of the facility.

Successfully secured dismissal of challenges to revised terms in franchisor’s renewal agreements brought by franchisees in federal court. 

Represented large oil pipeline in prosecuting claims of breach of contract and violations of the Uniform Commercial Code in relation to faulty additives manufactured by defendant.

Successfully defended major oil company in putative class action involving allegations of underground storage tank leaks and related groundwater contamination.

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.

Enforced deed and use restrictions for various commercial properties, including gas stations, retail outlets and franchises, concerning brand, product and site limitations in courts in Michigan, Ohio, Indiana, Illinois and Wisconsin.