Successfully representing a large service industry franchisor in series of suits by franchisees seeking to exit the system.

Successfully defended county government against a constitutional challenge to capital improvement fees charged by the county to cover costs of increasing water and sewer system capacity for new customers. 

Successfully represented large school district in investigating multi-million dollar fraud scheme and litigated claims to a successful settlement recognized by local and national publications as one of the largest recoveries of the year, and assisting U.S. Attorney with successful criminal prosecutions.

On behalf of the Detroit Water and Sewerage Department (“DWSD”), Miller Canfield conducted an investigation of the charges set forth in an indictment returned by a federal grand jury under the auspices of the United States Department of Justice alleging public corruption and other wrongful conduct involving the Kwame Kilpatrick mayoral administration and various DWSD contractors and vendors. As a result of its investigation, Miller Canfield filed in federal court on behalf of the City of Detroit (including DWSD) a civil RICO action against approximately 20 defendant companies and individuals, alleging civil RICO violations, including bribery, extortion, obstruction of justice, mail fraud, wire fraud, money laundering and other charges.  After protracted discovery and motion practice, the civil RICO action was eventually settled against a number of the defendants for substantial sums of money. In connection with its work for DWSD, Miller Canfield also drafted the Detroit Water and Sewerage Department Suspension and Debarment Policy, which governs contractual relations between DWSD and its contractors and vendors.    

Successfully defended municipality in multiple constitutional challenges (brought by activists, unions and individuals) to the State’s Emergency Manager law

We represented the owners of a high-rise hotel in Grand Rapids, Michigan, which was required to close for two years after it was originally occupied for complete reconstruction because of defective exterior wall panels and internal HVAC design defects. It is reported to have been the largest lawsuit in the history of Kent County. The initial mediation took a full week resulting in a settlement with 29 of the 32 defendants, recovering well into eight figures for the client.

We represented a large west Michigan city with regard to an expansion to its drinking water facility. The city was sued by a contractor for $3 million in damages for delay of the project. We defended the claim and counter-sued for damages with respect to poor workmanship. Utilizing high-technology CAD drawing demonstrations, which were regarded as highly persuasive and effective, we obtained a favorable settlement for the city of $6.2 million and no payment to the contractor.

We represented a national construction manager in defense of $25 million claim by mechanical contractor alleging design defects relating to overhead mechanical systems and asserting claims for scheduling delays. The matter consumed 42 days of arbitration hearings.

We successfully defended a public utility owner and promptly resolved through mediation a multitude of claims by process piping contractor for claimed added scope and alleged design deficiencies resulting in increased costs, inefficiencies and delays with respect to a compressor project. The claims totaled around $5 million. This one of many cases in which we have successfully represented public utilities in claims involving power and generation facilities.

We successfully defended a national construction manager against a steel erector's claims relating to alleged design deficiencies for construction of steel truss roofing system for an indoor NFL football stadium. The claims exceeded $35 million in damages  We've also successfully pursued other claims on behalf of the construction manager relating to design errors and omissions.

We achieved a substantial recovery for a national construction manager – and defeated a counterclaim – after an extensive arbitration hearing involving construction of a Native American tribe-owned casino. The firm successfully counseled the client on issues of sovereign immunity applicable to Native American tribes in achieving the settlement. 

Miller Canfield represented the Committee for Unsecured Creditors in the bankruptcy case of a building materials chain headquartered in Texas. After we participated in the successful sale of the debtors’ asserts, Miller Canfield began prosecuting avoidance actions. The debtors’ counsel initially estimated that unsecured claimants would receive 45-55 percent of their claims, but because of our successful efforts, by the time the case had closed, the forecast had been revised upward to 72-82 percent. We achieved this result without forcing a single defendant to go to trial, saving resources both for the estate and for the defendants.

We represented a mineral owner in a large and complex oil and gas leasing dispute against Chesapeake Energy, one of the largest producers of natural gas in North America. The matter involved approximately 15,000 acres of land and in excess of $34 million. The controversy surrounded the construction and enforceability of various leasing agreements. Resolving the matter also involved expert testimony on numerous oil and gas issues, including the evaluation of geological formations, drilling, testing methods and results, and trade usage of oil and gas leasing terms. Extensive e-discovery of hundreds of thousands of documents produced in electronic format was required.

Defended a large manufacturer in a state enforcement action regarding alleged groundwater impacts from wastewater discharges, negotiated administrative consent order and remedy. Defended a civil suit brought by nearby property owners seeking damages for alleged groundwater impacts.

Represented municipal landfill in state enforcement action and civil suit by private landowners over groundwater impacts due to migrating solvent plume. Coordinated enforcement response, delineation of impact, and remedy provision of alternative community water supply, with litigation defense to achieve satisfactory settlements for client and community.

Assisted a multinational manufacturer in assessing the impact of U.S. Anti-dumping laws on potential purchases where the export price may be lower than the normal value in the country of export.

Assisted a manufacturing-parts reseller in filing a voluntary self-disclosure with the Census Bureau to report systemic violations as to their reporting within the Automated Export System (AES). 

Katrina assisted in the tax structuring of the newly-formed Public Lighting Authority, as part of the City's plan to "light up Detroit" and continue its blight removal efforts. This work involved pre-and post-issuance tax analysis to allow for innovative public and private financing. 

Advised a multinational manufacturer as to the item based restrictions for components manufactured for use on the International Space Station, considering the impact of both the Commerce Control List (CCL) and U.S. Munitions List (USML).

Assisted a global technology company with analyzing the export control classification impact of using a more strictly controlled microprocessors in its new network interface product designed to provide parallel access to multiple bus channels.  

Assisted a Tier 1 auto supplier in analyzing the data routes used by its Information Technology System, discussing the possible un-intended consequences of causing technical data exports from the United States based upon server location and data routing priorities.

Represented an AmLaw 200 firm in the successful resolution of a legal malpractice action related to a patent infringement lawsuit.

Successfully defended athletic association in trial court and court of appeals against breach of contract claims by client’s former vendor seeking millions of dollars in alleged damages.

Classified the export controlled components of an aerospace company for items transferring from the United States Munitions List (USML) to the new 600 Series of the Commerce Control List (CCL).

Developed an export compliance strategy for an aerospace company with a multi-stage international manufacturing process for Gas Turbine engine components.

Classified the proprietary export controlled software of a technology company prior to the acquisition of the technology company, including the documentation and analysis of the software’s encryption functionality and classification on the Commerce Control List (CCL).

Advised a multinational manufacturer on the end-user and end-use restrictions under the Export Administration Regulations (EAR) for technology and components used within ballistic missile systems.    

Represented the company during its expansion of supermarket chains in Poland by providing legal advice, directly or through supervision, on development projects, including securing and subsequent purchase of the land, permitting, general contractor, architect and other associated contracts, and construction process.

Represented the company in public procurement proceedings as well as during project development in various innovative projects including DBFO contract for 300 bed hospital  project (PPP model), development of water-park (PPP model) and other projects involving development of medical and leisure infrastructure. Legal aid included negotiation of contract provisions and verification of project’s legal framework and its business consequences.

Represented the company in competing for as well as performance of large scale broadband network projects held in PPP model. 

Represented client in various proceedings for IT solutions for municipal public transport services, as well as created legal framework for cooperation between consortium partners. 

Represented Michigan quasi-public utility in acquisition of the only known operational fractionated tire fuel system for electrical generation.

Assisted a leading multi-specialty group of physicians in navigating all employment issues – both simple and complex – associated with its merger with a leading physician group practice.  

- Represented national bank in multi-stage financing for acquisition, development and construction of first Cabela’s-anchored shopping center in West Michigan.

- Represented national bank in multi-stage financing for acquisition, development and construction of first Costco-anchored shopping center in West Michigan.

- Represented national bank in construction financing for Women’s Health Center on Grand Rapids’ Medical Mile.

- Represented regional bank in construction financing for renovation of Rowe Hotel building in downtown Grand Rapids.Represented Michigan bank in construction financing for apartment building forming the outfield of wall of the Lansing Lugnuts stadium.

- Represented national bank in land acquisition and construction financing for off-campus apartments servicing students of Grand Valley State University.

- Represented national bank in construction financing for shopping center in Florida.

- Represented national bank in construction financing for renovation and rehabilitation of large retailer in downtown Lansing, MI, involving Federal New Markets and Historic Rehabilitation Tax Credits and State of Michigan Historic Rehabilitation and Brownfield Redevelopment Tax Credits.

- Represented national bank in letter of credit-backed City of Grand Rapids bond financing for conversion of Federal Building in downtown Grand Rapids, MI into Kendall College of Art & Design at Ferris State University, involving Federal Historic Rehabilitation Tax Credits and State of Michigan Historic Rehabilitation and Brownfield Redevelopment Tax Credits.

- Represented Michigan bank in construction financing for 38 Commerce building in downtown Grand Rapids, MI, involving State of Michigan Brownfield Redevelopment Tax Credits.

- Represented national bank in construction financing for conversion of downtown Grand Rapids, MI YMCA into The Fitzgerald condominiums, involving State of Michigan Historic Rehabilitation and Brownfield Redevelopment Tax Credits.

- Represented Grand Rapids bank in construction financing to renovate and rehabilitate historical Flatiron Building in downtown Grand Rapids, MI, involving State of Michigan Historic Rehabilitation and Brownfield Redevelopment Tax Credits.

- Represented Grand Rapids bank in construction financing to renovate and rehabilitate Art Deco Junior Achievement building in downtown Grand Rapids, MI, involving State of Michigan Historic Rehabilitation and Brownfield Redevelopment Tax Credits, Brownfield Redevelopment Authority Tax Increment Financing, and City of Grand Rapids DDA Tax Increment Financing.

- Represented national bank in acquisition financing for international vacuum manufacturer’s Illinois distribution facility.

- Represented national bank in construction financing for international vacuum manufacturer’s Virginia distribution facility.

- Represented national bank in 10-state real estate refinancing for owners of national retailer.

- Coordinator for Miller Canfield of national bank client’s participations in syndicated loan financings.

-Represented national bank in purchase of portfolio of convenience store industry credit facilities spanning 11 borrowing relationships with total commitments approximating $234 million.

- Represented national bank participating in asset-based secured facilities totaling approximately $2.1 billion including foreign and domestic facilities and exposure in multiple currencies.

- Represented national bank as lead bank on syndicated acquisition loan for beer distributor.

- Represented national bank in two-bank revolving credit facility to food service distributor.

- Represented national bank in participation in revolving credit facility for automotive supplier.

- Represented numerous other banks in loan purchases, subs and participations.

- Represented national bank in $11,375,000 financing for renovation and conversion of a 1906 steamship into an articulated tug barge.

- Represented national bank in closing a $100 million bilateral loan for an energy industry borrower.

- Represented national bank on $65,000,000 revolving loan to automotive supplier.

- Represented regional bank as lead bank on $97,000,000 U.S. and $20,000,000 CDN syndicated financing of American and Canadian automotive suppliers.

- Represented national bank in $34,200,000 financing to manufacturer of natural gas compressors.

- Numerous other representations of banks in working capital/asset-based financings.

- Represented automotive supplier in letter of credit backed industrial revenue bond financing.

- Represented automotive supplier in direct purchase industrial revenue bond financing.

- Represented shopping center owners in term loan financing.

- Represented buyer in senior and mezzanine financing for acquisition of extruded plastics products company.

- Represented buyer in senior and mezzanine financing for acquisition of autopsy, morgue and mortuary products company.

- Represented competitive (telephone) local exchange carrier on three rounds of equity financing and one round of debt financing.

- Represented fiber-optic cable operator on two rounds of equity financing.

- Represented owners of office furniture manufacturer/supplier in sale of business.

- Represented truck parts distributor with acquisition of real estate in Michigan, Ohio, Tennessee, Missouri, Idaho, Alabama, Florida, Nevada, Minnesota, and Texas.

- Represented real estate developers on negotiation of leases with national retailers such as Staples, AutoZone, Family Dollar, Jo-Ann Fabrics, Starbucks and Sherwin-Williams.

Successfully appealed an adverse decision before an En Banc panel of the Sixth Circuit Court of Appeals on behalf of a prisoner in a Section 1983 case resulting in a change in the law to apply federal law in spoliation cases and a remand of the case. 

Represented a start-up microbrewery through the licensing process and, ultimately, a successful appeal of a Liquor Control Commission license denial. 

Represented a winery/cidery in negotiations with the Department of Agriculture and obtained a successful determination that certain regulations were inapplicable to the client.

Represented a brewery in litigation resulted in return of the brewery’s property.

Advised a large multi-state grocery chain on the process of transferring alcohol and tobacco inventory when closing a store and coordinated the transfer with the required state regulatory agencies.     

Represented one of Michigan's largest multispecialty physician practice group companies in asset sale to one of Michigan's leading physician group practices.

Assisted U.S. automotive-based company in unwinding its business in Syria, as required by economic sanctions against Syria administered by the U.S. Office of Foreign Assets Control. 

Assisted a social networking company in assessing the available exemptions to hire software programmers under the Iranian Transactions and Sanctions Regulations.

Successfully defended the non-competition provision of a multi-million dollar physician group's shareholder agreements, obtaining a favorable settlement for the client prior to a trial on damages.

Served as lead trial counsel defending a billion-dollar construction management company against a $20 million construction claim brought in a multi-party arbitration.

Successfully defended a client sued by a “whistleblower” under the False Claims Act for damages and penalties totaling more than $10 million. Based on an early and vigorous defense of the claims, Soni was able to convince the federal government to decline intervention. Ultimately, the case was immediately dismissed after it was unsealed. 

Represented a major North American supplier of food and industrial starches against breach of warranty claims and successfully obtained summary judgment on all counts – a decision that was affirmed on appeal in the United States Court of Appeals for the Sixth Circuit.

Defended a Michigan-based company against a putative class action lawsuit brought by consumers under the Fair Credit Reporting Act. Prior to class certification, she was able to resolve the dispute on favorable terms that were significantly less than the anticipated exposure from a trial on the merits.

Conducted export control audit and compiled export control benchmark report for joint venture supplier of military vehicle safety systems and braking, co-owned by publicly traded U.S. commercial vehicle component supplier and German commercial vehicle component supplier.

Conducted the transfer of the registration and licenses issued by the Directorate of Defense Trade Controls to a foreign-owned U.S. subsidiary for an acquisition.

Conducted the Committee for Foreign Investment in the United States (CFIUS) filing for a Swiss client purchasing a U.S. Business with ITAR-controlled assets.

Coordinated the termination of a facility security clearance with the Defense Security Service (DSS)  pursuant to responsibilities under the National Industrial Security Program Operating Manual (NISPOM) prior to the facility transfer to a foreign purchaser.

Coordinated the release of classified material in support of foreign military sales.

Conducted export control audit and compiled export control benchmark report for multi-subsidiary armoring division of publicly traded defense contractor.

Conducted export control audit and compiled export control benchmark report for a multinational Tier 1 automotive supplier.

Conducted an export control violation internal investigation for large automotive export company.

Coordinated with special agent from the U.S. Office of Export Enforcement for large automotive export company.

Structured, negotiated and closed $60 million leveraged Federal New Markets Tax Credit transaction involving five Community Development Entities.

Handled the development and construction of a new state-of-the-art manufacturing plant involving over $500 million in capital investment located in South Carolina, including Federal, State and local incentives.

Defending a product manufacturer in a series of national class actions, multiple party and attorneys general lawsuits involving commercial tort and product liability claims.

Representing a school district in a series of cases seeking recoveries against vendors on breach of contract and fraudulent activity claims.

Representing a major financing/real estate company in an action involving a buy/sell agreement for a national shopping mall.

Representing a governmental entity in a class action welfare rights case. 

Represented a major retailer accused of race discrimination in a class action contesting its hiring and promotion decisions. Case was resolved for nuisance value.

Represented purchaser with acquisition of multi-million dollar dental practice with multiple locations, including structuring of transaction, obtaining regulatory approvals and third-party consents.

Represented various health care professionals in connection with establishing a multi-disciplinary health care facility, including the acquisition of real property, and preparation of various contracts including leases, cost-sharing agreements and associate agreements.

Worked collaboratively with health care professional's accountants, insurance advisors and financial planners to implement a tax-effective estate plan, utilizing multiple inter vivos and testamentary trusts.

Completed a corporate reorganization to "freeze" the value of a dental practice to permit the issuance of shares to family members to facilitate income splitting among the family unit.

Filed amicus curiae brief in Supreme Court case concerning legislative approval of Indian gaming compacts.

Served as lead counsel in complex litigation concerning the Bureau of State Lottery's introduction of the Club Keno game and its effect on exclusivity provisions in tribal gaming compacts that funded public entity. 

Advised client on meaning and effect of current statutes governing horse racing and pari-mutuel gaming in connection with expanding gaming.

Advocated for favorable opinion from Michigan Attorney General regarding meaning and effect of constitutional amendment concerning limitations on expanded gaming.

Counseled client on business promotion technology and adaptations to meet safe harbor provisions of anti-lottery laws.

Counseled client on emerging Native American law issues concerning lending for gaming facilities on land taken into trust.

Represented a lender in an action brought by the lender to enforce a guaranty.

Represented a leading manufacturer of building materials in the complex, multi-party litigation brought following the fire at the MGM Grand Hotel in Las Vegas, Nevada.

Represented an owner/operator in the $40.7 million sale of a multifamily community in Marietta, GA, and in the proposed sale of a 354-unit multifamily community in Lansing, IL.

Represented an owner/landlord in office and retail leases for a 223,475 rsf historic building located in San Diego, CA.

Represented a national bank in making a construction loan for the Zaragon Place West project (401 Thompson site) in Ann Arbor, MI, and in making a refinance loan for the Zaragon Place project (619 East University site) in Ann Arbor, MI.

Represented an owner/landlord and the property manager in retail leases for a 103,266 rsf shopping center located in suburban Chicago, IL.

Represented an owner of an approximately 85-property portfolio of distressed retail properties located throughout the U.S. in the sale and lease of such properties on a one-off basis.

Represented a national bank in making a construction loan for the Gateway to the West Loop project in Chicago, IL and issuing a letter of credit to support tax increment allocation financing provided by the City of Chicago.

Represented a national bank in making a loan to finance the purchase of bonds issued by the Portage County, OH Port Authority, the proceeds of which were used to construct a build-to-suit manufacturing and warehouse facility.

Represented an owner in the sale of a 473-unit multifamily community in Charlotte, NC, the sale of a 300-unit multifamily community in Albuquerque, NM, the sale of a 228-unit multifamily community in Duluth, GA and the sale of a 163-unit multifamily apartment building in Memphis, TN.

Represented an owner/landlord in retail leases for an 8,600 rsf shopping center located in southern California.

Represented a shopping center owner in Illinois Department of Transportation condemnation proceedings.

Represented a national bank in making a construction loan for the AmeriPlex at the Port project in Portgage, IN anchored by a national outdoor sporting goods retailer.

Represented Fortune Global 50 company in connection with the sale/leaseback of its $75 million North American headquarters.

Represented energy provider in closings on over $500 million worth of renewable power generation projects.    

Represented large commercial and residential developer in the largest residential development in the City of Kalamazoo since the 1970s.

Successfully argued to the Michigan Supreme Court that the termination of a joint tenancy caused solely by the death of the other joint tenant is not a transfer of ownership that uncaps the property taxes under the General Property Tax Act (GPTA).

Successfully argued to the Michigan Supreme Court that the offer of judgment rule (MCR 2.405) did not apply to a monetary settlement offer in return for a quitclaim deed in a quiet title action because said offer was not a "judgment for a sum certain" under MCR 2.405.

Represented Canada's largest insurance rating and broker services company in $110+ million (Canadian) stock and asset sale to U.S. private equity firm.

Represented client in $42 million equity sale to U.S. private equity firm and concomitant creation of only the second certified Minority Controlled Business under NMSDC Growth Initiative.

Represented shareholders in consolidation with another book manufacturing company to form 6th largest book manufacturer in the U.S.