Bernard J. Fuhs

Bernard J. Fuhs is an associate based in Butzel Long’s Detroit office.  He concentrates his practice in the areas of business and commercial litigation. He has significant experience in non-compete, non-disclosure, and trade secret disputes, business and financial services industry disputes, franchise and dealerships, transportation and logistics industry disputes, construction, real estate, securities, and sales representative matters.  He also advises start-up and closely held businesses, as well as sports and fitness industry members. 

Mr. Fuhs is a member of Butzel Long’s Associate Committee, Diversity & Retention Committee, and Recruiting Committee. 

Mr. Fuhs was selected as a 2012 Business Litigation Top Lawyer by DBusiness Magazine. He was also recently named to the 2011 Michigan Super Lawyers' Rising Star List.

Education

Mr. Fuhs is a graduate of the University of Detroit Mercy School of Law (J.D., magna cum laude, 2006) and the University of Detroit Mercy (B.S., summa cum laude, 2003).   He interned for Chief Justice Maura Corrigan of the Michigan Supreme Court; he was a four year player on the Division 1 Men's Basketball team at UDM; President of the 2nd Year Class at UDM School of Law; on Law Review; a member of the Justice Frank Murphy Honor Society; and a member of Beta Gamma Sigma and Beta Alpha Psi.

Mr. Fuhs also enjoyed many honors as an undergraduate including the following: Captain of 2002/2003 UDM Division 1 Men's Basketball Team; the Wall Street Journal Award - Top Student in the UDM College of Business Administration; the Financial Executives International Award - most outstanding undergraduate student in Accounting and Finance; the Beta Alpha Psi Award - highest scholastic average in undergraduate program; member of the All Horizon League Athletic Academic Team – (2002/2003); the President's and Horizon League Honor Roll all four years; and the William Ebben Award for athletic and academic excellence.  He was on the Dean's list all years attended at UDM and UDM School of Law, and received the Cavanaugh scholarship at UDM School of Law.

Recent Case Highlights

• Successfully defended a publicly-traded electronics corporation on a $40,000,000 breach of contract action brought by a New York based private equity firm
• Acted as lead attorney and negotiator in a transportation/logistics dispute for a prominent tier-1 automotive supplier and successfully negotiated a settlement that saved the client over $1,000,000
• On behalf of a leading developer of metrology software, successfully obtained ex parte TRO, preliminary injunction, and ultimately permanent injunction against former employee and a direct competitor prohibiting them from using or disclosing client’s confidential information and trade secrets, disparaging client, developing any product or providing any services involving the use of client’s confidential information and trade secrets, and from infringing upon client’s copyrights
• Successfully represented a structured products hedge fund in claims against a global European bank and its US broker-dealer affiliate arising out of the bank’s refusal to complete and underwrite a contracted $1 billion ABS CDO^2
• Represent corporate investors, including a Panamanian bank, sued by the foreign representatives overseeing the liquidation of one of the main feeder funds to the Ponzi scheme associated with Bernard L. Madoff Investment Securities, LLC  
• Successfully obtained numerous injunctions on behalf of a Fortune 500 staffing services company against former employees (ranging from regional managers to recruiters) relative to their non-compete, non-solicit, non-disclosure, and trade secret violations
• Assisted in the negotiation, due diligence, and closing of a $27 million dollar asset purchase transaction on behalf of a global construction equipment manufacturer

Professional and Community Involvement

• State Bar of Michigan
• American Bar Association – Employment Rights and Responsibilities Section Member and Non-Compete/Trade Secret Subcommittee Member
• American Bar Association (Forum on Franchising)
• Board of Directors of the University of Detroit-Mercy Titan Club
• Dick Vitale Court Fundraising Committee (University of Detroit-Mercy)
• Detroit Athletic Club – North American Conference of Athletic Directors (NACAD) National Basketball Championships Committee
• Big Head Corps (affiliated with The Parade Company)

Speaking Engagements and Publications

• Presenter, “Nice People DO Finish Last: Protecting Company Trade Secrets in Today’s Job Market,” Butzel Long Labor & Employment Seminar, November 2011, Dearborn, Michigan
• Presenter, “Non-Compete Agreements and Other Agreements Protecting Key Personnel,” Original Equipment Supplier Association (OESA) Commercial Trends and Legal Strategy Conference, October 2011, Troy, Michigan
• Presenter, “Dealing with the Baggage that Travels with Employees Moving from One Financial Services Firm to Another.  Trade Secrets, Non-Compete and Insider Trading Issues,” Butzel Long Breakfast Briefing, March 2011, New York, New York 
• Presenter, “Protecting Your Confidential Information and Business Relationships,” Michigan Press Association Annual Convention, January 2011, Detroit, Michigan
• Co-author, “Under Attack: Why the Foes of Non-Compete Agreements Are Firing Blanks,” The Voice – Defense Research Institute (DRI) – The Voice of the Defense Bar, Summer 2010
• Co-author, “The Evolution of Personal Jurisdiction through the Technological Advances of Our Time,” The Litigation Newsletter – Litigation Section, State Bar of Michigan, Summer 2008
• Co-author, Michigan chapter, "Trade Secrets and Agreements Not to Compete," Defense Research Institute (DRI) Winter 2008
• Contributing Editor to Products Liability Desk Reference: A Fifty-State Compendium, Morton F. Daller, Editor-in-Chief (Aspen Publishers)
• Contributing Editor to Tort Law Desk Reference: A Fifty-State Compendium, Morton F. Daller, Editor-in-Chief (Aspen Publishers)

Additional Information

Prior to joining Butzel Long, Mr. Fuhs was the President/Co-Owner of Fastdater, Inc. of Michigan.  He also clerked with Chrysler Financial in the Office of General Counsel as well as the Executive Office of Chrysler Financial as a Field Operations Analyst. Additionally, Mr. Fuhs serves as a television color analyst for NCAA and MHSAA Basketball.