Represented landowners of hydrocarbon producing acreage in renegotiating lease terms, bonuses, shut-in and defined use provisions.

Represented Norway-based Kongsberg Automotive ASA on its acquisition of Global Motion Systems from Teleflex Inc. for $560 million. 

Represented a Germany-based supplier of sunroofs in the acquisition of a U.S. and Mexican convertible roof division of a German supplier, assuming operations in Plymouth, Mich. and Puebla, Mexico.

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

Represented an energy company that leased significant natural gas rights to another energy company that filed for Chapter 11 bankruptcy protection. At stake was almost $2 million in back royalty payments under the lease. The court held that under Michigan law the oil and gas lease was indeed a lease under the Bankruptcy Code, entitling the client to all past due royalty payments before the debtor could continue extracting natural gas.

Successfully represented a prominent aerospace manufacturer after a union and retired workers claiming to represent hundreds of class members sued the company alleging entitlement to lifetime health benefits. After prevailing in efforts to transfer venue to a more appropriate court, Miller Canfield filed and prevailed on a motion for summary judgment. 

Represented a local school district against a union and hundreds of former employees in an age discrimination class action lawsuit. We obtained summary disposition at the state court level, then successfully requested the dismissal of a parallel class action filed in federal court.

Successfully represented a public utility company in a wage and hour collective action brought by over 300 employees alleging entitlement to overtime.  The federal district court dismissed plaintiffs’ claims. They appealed and we successfully defended the dismissal before the Sixth Circuit Court of Appeals.  

Defended a clothing retail chain in a purported class action involving race discrimination claims. The case settled on favorable terms after the court declined to certify a class.

Won partial summary judgment, leading to a favorable settlement, on behalf of a Detroit casino where nine plaintiffs alleged hostile work environment claims on behalf of themselves and all other African-American employees. After the firm successfully obtained dismissal of the claims of five named plaintiffs, the remaining plaintiffs immediately began settlement negotiations.

Represented a Fortune 500 manufacturer set up Wholly foreign owned enterprise and representative in China.

Assisted a foreign insurance company acquire a Shanghai company through a Hong Kong company as a Special Purpose Vehicle.

Assisted a U.S Fortune 500 appliance company expand its retail business in China.

Represents electric utility a major power plant construction project in ongoing effort to obtain multiple local, state, federal permits involving wetlands, floodplains, private and county drains, flood plains, endangered and threatened species, and navigable waters. Work also involves extensive wetland and stream mitigation issues, landfill license, federal agency consultation with Native American tribe, and NEPA issues.

Represented individual alleged to have violated the Natural Rivers Act, as well as state wetlands and water laws. Negotiated settlement with state and obtained after-the-fact permits to allow project to be completed. Provided advice regarding constructing artificial ponds and water withdrawal.

Represented municipal utility in connection with permit compliance and reporting to avoid enforcement.

Assisted client in working with EPA and US Fish and Wildlife Service to obtain finding of no significant impact (FONSI) for development project that allowed project to proceed.

Provided advice regarding standing of tribes and wholly-owned tribal entities incorporated under tribal law to bring actions under federal remedial laws. Provided advice to non-Indian businesses regarding the need to obtain limited waivers of sovereign immunity, pledge of assets, and necessary tribal approvals to allow for enforcement of agreements.

Provided advice to tribes regarding federal recognition process. Provided advice regarding tribal member claims for utility tax exemptions from businesses collecting taxes for state.

Provided advice to state regarding renegotiation of tribal gaming compact to address payment setoff and exclusivity issues. 

Provided advice to public entity regarding requirements of federal consent judgment establishing Indian Country and gaming rights for tribe and negotiations regarding tribal setoffs of payments under the consent judgment.

Provided advice to tribe regarding broad array of internal governance, business, and other issues. Represented tribe in litigation and related matters.

Provide general counsel representation to statewide associations of limited license health professionals. Work involves insurance scope and coverage issues under state insurance laws, advice on pending legislation, organizational governance and business issues, and advice on issues of interest to membership.

Provide general counsel representation on regulatory matters involving horse racing, purse pools, simulcasting, video lottery terminals, instant horse racing, negotiations with certified horsemen’s organizations, amendments to horse racing laws and administrative rules, overlap of client interests with other areas of gaming regulation, and the scope of Article 4, section 41 of Michigan Constitution on gaming and illegal lottery. Work with Office of Racing Commissioner and Michigan Gaming Control Board on behalf of client.

Negotiated agreement between supplier and facility for charity poker room. Provided advice to multiple nonprofit organizations regarding qualifying to offer charitable gaming and steps for obtaining license to do so. 

Represented non-Indian casino on multiple matters. 

Advice to clients regarding the scope of Article 4, section 41 of Michigan Constitution on gaming and illegal lottery. 

Advice to  media outlet regarding compliance with limited exceptions in criminal laws regarding business promotions that would otherwise be illegal lotteries.

Represented The Detroit Regional Convention Facility Authority in its acquisition, by long term lease, of Cobo Center from the City of Detroit.

Represented NASDAQ traded company in $121 million subsidiary asset sale.

Represented selling shareholders of Swedish multinational industrial safety products company in $22 million stock sale to US NYSE traded company.

Represented multinational automotive parts supplier in sale of stock and assets of subsidiaries in 18 country product line disposition to private equity fund.

Represented NASDAQ traded company in $14.6 million subsidiary stock sale.

Represented NCAA in its acquisition of the NIT Tournament.

Represented music publisher in the sale of approximately sixty percent of its publishing catalog and related assets.

Represented selling shareholders of industrial transformer company in $15 million stock sale with $5 million sales and earnings based earnout.

Represented selling members of diagnostics company in $36 million membership interest sale to national laboratory and diagnostics development company.

Represented selling shareholders of magazine publishing company in $6 million asset sale with net sales and advertising revenue based earnout.

Represented alternative energy company in its sale of $125,000 sale of convertible notes and warrants.

Represented medical device company in its $250,000 pre-seed sale of convertible notes.

Represented alternative energy company in its $1.8 million sale of a convertible promissory notes to the Michigan Strategic Fund.

Represented alternative energy company in its $7.2 million Series A-1 Convertible Preferred Stock Financing.

Represented venture capital fund in its $1 million purchase of convertible notes from software company.

Acted as outside general counsel to West Coast-based pharmaceutical company – assisted with capital formation, contract review, intellectual property analysis, and business litigation.

Obtained summary judgment on behalf of a debt acquisition entity in a claim brought under the FDCPA contending comments in a collection letter were false, deceptive and misleading, which was affirmed by the Seventh Circuit.

Managed document discovery for the Department of Human Services in class action litigation involving over 19,000 children in the foster care system. Drafted discovery plans and protocols for the identification, collection, and review of hard copy and electronic data. Supervised document review teams and the production of more than 1 million pages of discovery documents. Identified and prepared collections of documents for depositions, witness interviews, and trial exhibits. Drafted discovery motions and arguments. Prepared detailed privilege logs.

Represented medical company in the $22 million lease with a $10 million buildout of 300,000 square foot flex space for its central distribution plant.

Assisted client in $140,000,000 refinancing for its national sports facility.

Obtained summary judgment on disability and retaliation case, as well as a favorable award in earlier arbitration with plaintiff's union.

Obtained summary judgment on plaintiff's claim of race discrimination in termination, despite plaintiff's testimony that his supervisor had allegedly suggested he was lucky to have been hired at all given "the small number of blacks working for the company."

Obtained an arbitration award upholding client's refusal to hire three long-service employees when it took over a subcontract for security services.

Secured summary judgment for defendant hospital in a complex case under the Pregnancy Discrimination Act Amendments to Title VII, FMLA and common law.

Represented a global manufacturer, distributor, and marketer of food and beverages. Obtained one of only two appellate level decisions in New York history overturning an adverse order of the State Human Rights Division on the grounds of administrative delay.

Obtained summary judgment in a race discrimination and retaliation claim on behalf of one of the largest banks in the Midwest.

Represented corporate real estate group in obtaining over $68 million in grants, tax abatements, tax credits, and recovery zone economic development bonds for manufacturing plant located in North Carolina. 

Represented manufacturing company in obtaining over $58 million in tax abatements, job training grants, and other incentives for new alternative energy related facility. Also handled lease acquisition and construction contracts for project in Kansas. 

Represented Fortune 100 company on national real estate portfolio including over $1 billion in leases, construction, and economic incentive projects.

Bond counsel for a city issuing tax increment financing bonds for a much needed economic development project involving a new building. Analyzed each aspect of the financing, including timing, the nature of the building’s use, and the sources of payment of the bonds. The city obtained a great interest rate on the bonds and now has a state of the art building which is drawing national attention. 

Purchase of a cast aluminum manufacturing facility and business operation from a publicly held-company. 

$580 million stock sale of a telecommunications business to a publicly traded company.

$10 million sale of a family-run food manufacturer.

Sale of a tool and die business to a privately held investment group.

$100 + million sale of a niche automotive parts manufacturer with plants throughout the world to a private equity fund. 

$150 million asset sale of a long distance carrier to a publicly traded company.

$10 million asset sale of a family owned chain of retail stores. 

$26 million merger of a local exchange company.

Acquisition and sale of numerous automobile dealerships. 

$35 million sale of an office equipment vendor to a publicly traded company.

Sale of various mechanical and heating and cooling companies to a publicly traded "roll-up" firm. 

$10 million sale of a construction company. 

Acquisition of a privately-held furniture manufacturer.

Merger of a credit union into its largest competitor. 

Spartan Stores’ favorable result in preserving a long-term lease arrangement by establishing, after a lengthy trial, the right to a late notice of intent to exercise an option renewal. This allowed the client to retain an extremely viable location with projected sales of more than $1 billion.

A complete dismissal of all claims after a four-week trial for a municipal authority in response to claims of PCB contamination liability. The loss of the case would certainly have resulted in the bankruptcy or dissolution of three municipal entities.

A complete recovery after a lengthy commercial arbitration hearing for the seller of a tool and die company who had been advised that the purchase price was being cut by nearly $1 million. 

Authority for the city of Sparta, Mich., to re-establish control over the Sparta City Airport from its prior manager, after a lengthy trial established that the existing management had materially breached the terms of its long-term management agreement.

When the Ounalashka Corporation (Tribe), of the Aleutian Islands, sought the return of its members’ cultural artifacts, removed from burial caves during World War II, the return from a major university was negotiated and implemented without litigation even before a later federal law addressing such issues (NAGPRA) was enacted. 

A lighthouse and museum complex included on the National Register of Historic Places were threatened with having their operations drastically curtailed or closed altogether by their neighbors. Jim led the effort in federal and state court litigation defending a premier destination for education and cultural tourism. The resulting land use plan allowed the client to continue to operate all of its existing programs and by improving the surrounding habitat, actually expand its operations. The effort balanced environmental protection, historic preservation and education. 

When a large west Michigan city built an expansion to its drinking water facility and was sued by the contractor for $3 million in damages for delay of the project, Jim led the team defending 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, their work led to a favorable settlement for the city of $6.2 million. At that time, it was the largest settlement ever obtained for the city and represented nearly a $10 million swing in the amounts of money in dispute between the parties.

Served as bond counsel on $18,000 installment purchase contract of Iosco Regional Educational Service Agency.

Served as underwriter's counsel on numerous transactions including more than 300 school transactions.

Served as underwriter's counsel during the development of the Michigan State Building Authority's first bond anticipation note program and first commercial paper program.

Represented a company accused in a class action suit of violating the Michigan Consumer Protection Act by overpricing the propane gas it sold to Michigan consumers.

Served as bond counsel on transactions as large as $725 million City of Detroit Sewer Bonds.

Drafted Master Indenture for the Michigan Municipal Bond Authority's first State Revolving Fund bond issue, a program later emulated around the country.

Counsel to a well recognized shopping center owner, developer and property manager having national and regional retail tenants.

Developed a taxable note program for the First of America Bank and First of America Securities and documented more than 25 financings under the program. 

Acquisition counsel to a leading Chicago based private equity firm.

Counsel to multiple privately held Midwestern petroleum companies having both wholesale and retail operations advising them as to ongoing real estate and business acquisitions.

Counsel to multiple Midwest based lenders with respect to commercial lending transactions ranging in size from $5 million to $200 million.

Counsel to two leading Midwest based architectural firms with respect to contracts and development projects.

Counsel to the largest Midwest franchisee of a prominent East Coast based fast food franchisor.

Represented nationally known book publisher in connection with multimillion dollar stock sale.

Helped a living health care center (independent living, assisted living and nursing care) through two workouts of existing financings. With new financing in place, the client hopes to realize its dreams of completing phase II of the project.

As trial counsel, successfully defended a national financial institution's interest in real property exceeding $1M in value. Case involved complex and novel issues of priority under Michigan’s Construction Lien Act.

Lead brief writer and trial team member in Section 1983 civil rights class action filed in federal court challenging the constitutionality of a child foster care system and seeking statewide reforms. Settled amicably.

Lead brief writer for a governmental body association in appeal before the Michigan Supreme Court in case involving the interpretation of Michigan’s Governmental Tort Liability Act. Obtained favorable ruling in favor of client’s position.

Served as national defense counsel for a global pharmaceutical company in price-fixing class actions in 15 U.S. states.

Served as defense counsel for a national athletic league in a Federal court action involving antitrust, defamation and promissory estoppel claims.

Served as co-defense counsel for a gasification company in a Federal court action involving claims of breach of contract and fraud/negligent misrepresentation against four interstate gas pipeline companies.