Carey A. DeWitt

Shareholder
Bloomfield Hills
dewitt@butzel.com | P 248 258 2607 | F 248 258 1439

Carey A. DeWitt, based in Butzel Long's Bloomfield Hills office, is a Shareholder and is past Chair (and Practice Group Leader, 1995-2003) of the firm's Labor and Employment Department. He was elected to four successive two-year terms on the Firm's Board of Directors (2005-2013). He is a graduate of the University of Michigan Law School (J.D. 1984), and Michigan State University (B.A. 1981).

Mr. DeWitt has thirty two years of experience representing employers and enterprises in all phases of litigation, including employment discrimination matters, employment contract and executive termination cases, both commercial and employment trade secret, anti-raiding, and unfair competition cases, as well as in labor arbitration, collective bargaining, and other matters. His clients include colleges and universities, technology based companies, manufacturers, hospitals and health care institutions, construction related enterprises, auto suppliers, and various service providers. Mr. DeWitt is listed in Chambers U.S.A. (Labor and Employment Law), Best Lawyers in America (Employment Law - Management; Litigation - Labor and Employment), Michigan Super Lawyers (Labor and Employment; Intellectual Property Litigation): Corporate Counsel, and DBusiness Top Lawyers in Metro Detroit (Trade Secrets; Labor and Employment Law). He is a Fellow of the Litigation Counsel of America and a Fellow of the Michigan State Bar Foundation.

Mr. DeWitt has successfully represented clients in the following decisions/matters typical of his practice: Superior Consultant Company v. Walling, 851 F. Supp. 839 (E.D. Mich. 1994, Cohn, J.); appeal dismissed, 48 F.3d 1219 (6th Cir. 1995) (Vice President's covenant not to compete; permanent injunction obtained after trial as to non-use of trade secrets/bar of employment/non-solicitation); Foster v. ANR Pipeline Co., Case No. 00-CV-73686-DT (E.D. Mich., Duggan, J., 2001) (alleged sex harassment, race discrimination, and retaliation; no cause obtained from jury), aff'd, 2002 U.S. App. LEXIS 15752 (6th Cir. 2002); [Plaintiff] v. University of Detroit Mercy (UDM), et al., Case No. 13-008428-CD (Wayne County Circuit Court, Smith, J., 2014) (alleged sexual harassment, race discrimination, retaliation); [Plaintiff] v. Ortho-McNeil-Janssen Pharmaceuticals, et al, Case No. 2:09-CV-11464 (E.D. Mich. 2012, Lawson, J.) (alleged retaliation, sex discrimination, FMLA, race discrimination); MS Precision Components, LLC v. Emco-Maier, et al, Case No. 12-1267 CK (Oakland County Circuit Court, O'Brien, J., 2012) (trade secrets, permanent anti-employee raiding injunction ordered as to executive); Polytorx v. Regents of the University of Michigan, Michigan Court of Appeals, 2015 WL 2144800 (Court of Claims, May 7, 2015) (licensing, commercial trade secrets; claim dismissed; dismissal affirmed); University of Michigan Hospital, 1995 MERC Labor Opinions 399 (1995) (alleged refusal to bargain unfair labor practice; dismissed after trial); Arbitration: American Association of University Professors (AAUP) and Board of Regents of Eastern Michigan University (Glendon, Arb., 2010) (Arbitrator rules, inter alia, that University Board may take into account "non-academic" behavior of professor upon application for tenure); Regents of the University of Michigan and AFSCME, 2001 MPER (LRP) LEXIS 71 (2001) (alleged union activity retaliation; dismissed after trial); JM Polymers, LLC v. [Defendant], Case No. 13-3899-CK (Macomb County Business Court, Foster, J., 2014) (non-compete and trade secrets claim; Court orders injunction against solicitation and imposes constructive trust regarding trade secrets); Sisson v. University of Michigan, 174 Mich. App. 742, 436 N.W.2d 747 (1989) (alleged race discrimination); Rider, et al v. University of Detroit Mercy, Michigan Court of Appeals, Case No. 166779 (education law, contract, and injunction; academic discretion of university in program elimination), lv. app. den., 451 Mich. 865, 549 N.W.2d 563 (1996); Owens v. University of Detroit Mercy, Michigan Court of Appeals, Case No. 184740 (1997) (alleged age discrimination); Avery, et al v. Sinai Hospital, Michigan Court of Appeals, Case No. 192191 (1997) (alleged sex and race discrimination); Brogdon v. General Dynamics, Michigan Court of Appeals, Case No. 188127 (alleged race and age discrimination), lv. app. den., 451 Mich. 894, 589 N.W.2d 276 (1998); Allen v. Wal-Mart Stores, Inc., Genesee County Circuit Court, Case No. 91-5253-CL, 5 Michigan Trial Reporter 424 (1992) (alleged retaliation, defamation, implied employment contract; no cause obtained from jury); Davis v. United American Healthcare, Michigan Court of Appeals, Case No. 204470 (1999) (court applies attorney client privilege to bar employee file claim for employer investigation notes under Bullard Plawecki Employee Right to Know Act); Wooten v. University of Michigan, Case No. 84-009634-CM (1987) (Michigan Court of Claims; alleged implied employment contract; case dismissed at trial); Telesource Services v. Grosse, Case No. 03-016478CK (Oakland County Circuit Court; Warren, J., (2003) (non-solicitation injunction obtained versus former employees on preliminary and permanent basis after trial); Superior Consultant Company v. Bailey, 2000 U.S. Dist. Lexis 13051 (E.D. Mich. 2000) (permanent anti-employee raiding injunction granted); Gall v. RheTech, Inc., Case No. 07-764 CZ, Washtenaw County Circuit Court (Brown, J., 2009) (age discrimination claim by former company president); Superior Consultant Company v. Ponte, Ithaca Center for Postgraduate Medical Education, Berlex Labs., Inc., Case no. 00-72326 (E.D. Mich., Roberts, J. 2000) (contempt sanctions awarded for violation of trade secret/noncompete permanent injunction); Comtech International v. Price and the Bartech Group, 2003-1 Trade Cas. (CCH) P74,047 (2003) (employee non-compete); Fresenius Medical Care Cardiovascular Resources, Inc. et al v. Kenneth M. Nolan, et al, Case No. 03-72813 (E.D. Mich. 2004, O'Meara, J.) (defense of specialized health care professionals and hospital system in Preliminary Injunction sought in trade secret and non-compete claim); ASG, Inc. v. Pellmann, et al, Case No. 2:05-CV-73207 (E.D. Mich. 2005, Roberts, J.) (trade secret and noncompete injunction claim defeated on behalf of Los Angeles, California corporation and automotive marketing managers); ACS Consultant Company v. Williams, 2007 U.S. Dist. LEXIS 15120 and Case No. 06-11301 (E.D. Mich. 2007, Zatkoff, J.) (Uniform Trade Secrets Act/Non-Compete: California and Florida employees and corporation enjoined; personal jurisdiction established by employee server access/trade secret use/misappropriation; contempt sanctions awarded for non-return of employee laptop containing trade secrets); Wilcox Associates, Inc. v. Xspect Solutions, Wenzel Group, et al, Case No. 2:08-CV-12388 (E.D. Mich. 2009, Roberts, J.) (Uniform Trade Secrets Act; preliminary and permanent injunctions as to senior software engineer's employment, non-use of secrets, and competition obtained). Selected Labor Arbitrations: Michigan Technological University and Michigan AFSCME, Council 25, Local Union 1166 (Glendon, Arb. 2001) (discharge); Michigan Technological University and Michigan AFSCME, Council 25, Local Union 1166 (McDonald, Arb. 2004) (alleged misclassification of work); Michigan Technological University and AFSCME Council 25, Labor Arbitration, AAA Case No. 54-390-01037-02 (Glendon, Arb., 2005) (bargaining unit work dispute related to the University's Keweenaw Research Center); Michigan Technological University and Michigan AFSCME, Council 25, Local Union 1166 (Lyons, Arb. 1998) (discharge); Wolpin Company/Great Lakes Distributing Company and Int'l Brotherhood of Teamsters, Local 1038 (Glendon, Arb. 1987) (use of employee driving records and insurability as criteria for driving assignments); University of Detroit Mercy and University of Detroit Mercy Professors Union/MEA (Roumell, Arb., 1995) (alleged retaliation; management right as to award of degree); Eastern Michigan University and AFSCME Council 25, AAA Case No. 54-390-01037-02 (management rights; labor arbitration related to University parking facilities) (Glendon, Arb., 2004); Michigan Technological University and AFSCME Council 25 (Glazer, Arb., 2001) (non-promotion of bargaining unit employee); Michigan Technological University and AFSCME Council 25 (Glendon, Arb., 1997) (non-promotion); University of Detroit Mercy and UDMSSA, AAA Case No. 54 390 01449 07 (Dahn, Arb., 2008) (disability benefits under collective bargaining agreement); Michigan Technological University and AFSCME Council 25, Case No. 001209-03084-8 (Gravelle, Arb., 2000) (employee benefits/health insurance); Michigan Technological University and AFSCME Council 25 (Wolkinson, Arb., 1997) (non-promotion of bargaining unit employee); Eastown Distributors and Int'l Brotherhood of Teamsters, Local 1038 (Arb., 1988) (discharge); University of Detroit Mercy and Michigan Association of Police (Glendon, Arb., 1990) (discharge).

Mr. DeWitt has published many legal articles, including: "What Not to Do: What Constitutes 'Negative Information' Protectable Under the Uniform Trade Secrets Act?," Michigan Defense Quarterly, Vol. 30, No. 4, April, 2014, p. 11; "Auto-Related Businesses Can Protect Trade Secrets," Detroit Auto Scene, January 9, 2012, p.2; "The Role of Counsel in Executive Terminations," Wisconsin Law Journal, December 3, 2012; "20 Commandments to be a Decent Labor and Employment Lawyer," Labor and Employment Lawnotes, Vol. 21, No. 2 (Summer 2011); "Trade Secret Law for the Employment Lawyer," 84 Michigan Bar Journal 20 (2005); Book Chapter: "Employee Privacy," in text, Employment Law: The Workplace Rights of Employees and Employers (Blackwell Publishing, 2nd Ed., Wolkinson, 2008); "Case Study: HP v. Hurd," Employment Law 360, http://www.law360.com/articles/193219 (September 29, 2010); "Enforcing Non-Competes: Ten Lessons from the Litigator," 80 Michigan Bar Journal 48 (December, 2001); "A Defense of the At-Will Doctrine," Labor and Employment Lawnotes, Vol. 8, No. 2 (Summer, 1998); "Can a Plaintiff's Attorney Contact Non-Managerial Employees of a Defendant Corporation in the Course of an Employment Discrimination Action?," Federal Bar Association (E.D. Mich. Chapter), Vol. 3, No. 1 (1996); "Recurring Issues with Written Employment Policies/Contracts," The Michigan Broadcaster, Vol. 21, Issue 2 (April, 2006); "Satisfaction Employment Contracts," Michigan State Law Review 3:287 (1992) (conclusion quoted and adopted by New Jersey Supreme Court in Silvestri v. Optus Software, Inc., 814 A.2d 602 (N.J. 2003)); "Action Accrual Date on Written Warranties to Repair: Date of Delivery or Date of Failure to Repair?," 17 University of Michigan Journal of Law Reform 713 (1984) (analysis quoted and adopted by Ill. Supreme Court in Mydlach v. Daimler Chrysler Corp., case no. 102588 (Ill.Sup. Ct. Sept. 20, 2007), and Alabama Supreme Court in Brown v. General Motors Corp., case no. 1061660 (Ala. Sup. Ct., January 16, 2009)); "How to Protect Your Company's Trade Secrets," AllBusiness (Dun and Bradstreet, Jan. 2005), p. 32, http://www.allbusiness.com/legal/laws-government; "Business Owners: Is Your Non Compete Contract Valid?," Michigan Technology News/Mitechnews.com, January 8, 2006; "Is Your Customer List a Trade Secret You Could and Should Protect?," Michigan Technology News/Mitechnews.com, December 22, 2005; "HP v. Jones: Bad Blood Or Trade Secret Protection?," Competition Law 360, http://www.law360.com/articles/240441 (May 5, 2011); "Releases and Their Use in Employment Cases," 66 Michigan Bar Journal 138 (February, 1987); "Michigan Wage and Hour Act and Federal Fair Labor Standards Act," Michigan Public Employer Labor Relations Association (1987); "Human Resources - New Trade Secret Responsibilities," Detroit Legal News, July 18, 2007, Vol. CXII No. 143, p. 1.

Mr. DeWitt has been a featured speaker at many conferences and forums, including presentations on "Dealing with the Troubled Employee: A Thoughtful and Safe Approach," Detroit, MI, October 28, 2016; "Bilateral Agreements and Other Measures to Protect Clients, Employees, and Data," Michigan Association of CPAs, Commerce Township, MI, August 30, 2016; "Trade Secrets Protection Act and Defend Trade Secrets Act," February 11, 2016 (National Webinar); American Bar Association, Section of Labor and Employment Law, Labor and Employment Careers, University of Michigan Law School, April 16, 2015; "Sexual Harassment Prevention," May 22, 2014 (Houghton, Michigan); "Trade Secret Protection for the Modern Employer," November 15, 2013 (Dearborn, Michigan); "Technology in the Workplace," November 8, 2012 (Dearborn, Michigan); "Whistleblower and Retaliation Claims: How to Make Them Less Frequent and Less Damaging," November 7, 2014 (Dearborn, MI) "Reductions in Force and Furloughs - Effective Planning and Implementation," NACUA Annual Conference, Toronto, Ontario, June 24-27, 2009; "The Unionized Professoriate: Handling Faculty Grievances Through Arbitration," NACUA Conference, New Orleans, Louisiana, March 21-24, 2002; "Getting to Goodbye: Facilitating the Termination of the Problem Administrator," NACUA Annual Conference, Minneapolis, Minnesota, June 22-25, 2003; "When the Rule of Reason Simply Isn't Enough: Best Employment Practices During Administrative Transitions," NACUA Annual Conference, Orlando, Florida, June 27-30, 2005; "Reducing Staff Without Increasing Litigation," Michigan State University College of Law / School of Labor and Industrial Relations, June 8, 2005; "Sexual Harassment Prevention," Rochester College, Rochester, Michigan (May 2002); Institute of Continuing Legal Education (ICLE) Presentation, "Representing Michigan Employers; Workplace Investigations, Surveillance, and 'Sting' Operations, a Management Perspective," Troy, Michigan (October, 1993); Institute of Continuing Legal Education (ICLE) Presentation, "Understanding the Obligations of Employers Upon Hiring; Hiring and Firing Employees," Troy, Michigan (March, 1995); "Sexual Harassment," State Bar of Michigan, February 19, 1999; "Employment Trade Secret Protection and Litigation: Aggressive Early Strategies for Protecting Your IP and Disposing of the Case" (ACI Expert Forum, Chicago, Illinois, May 27-28, 2009); "Protecting Your Most Valuable Assets in the Information Age: Confidential Information, Customer Relationships, and Trade Secrets," Automation Alley, Troy, Michigan, March 9, 2006; "Releases and Their Use in Employment Cases," Michigan State Bar, Labor Relations Law Section, Winter Meeting, Ann Arbor, Michigan (January, 1986); "Non-Competes and Trade Secrets," Michigan State Bar, Labor Relations Law Section, Winter Meeting, Ann Arbor, Michigan (January, 2004); Testimony before Michigan House of Representatives, Intergovernmental & Regional Affairs Committee (on Regional Transit Authority), Lansing, Michigan, February 23, 2010; American Bar Association, Section of Labor and Employment, "An Exploration of Careers in Labor and Employment Law," Wayne Sate University Law School (March 21, 2017).

Mr. DeWitt's memberships include: National Association of College and University Attorneys (NACUA); Society for Human Resource Management (SHRM); State Bar of Michigan (Labor and Employment Law Section); American Bar Association (Labor and Employment Law and Litigation Sections); Federal Bar Association, the Oakland County Bar Association and the Detroit Metropolitan Bar Association.

Mr. DeWitt's charitable activities have included serving as a member of the Boards of Birmingham, Michigan Little League Baseball (1999-2005), the Birmingham, Michigan Hockey Association (2005-2009), and the Metropolitan Affairs Coalition, a Regional public-private partnership of Labor, Business and Government (2008-present).

Representative Clients

Owens Corning Corporation; AAA Michigan; Dialight Corporation; Michigan Technological University; Eastern Michigan University; University of Michigan; University of Detroit Mercy; Ave Maria School of Law.

  • Michigan State University Undergraduate 1981, B.A.
  • University of Michigan Law School Law School 1984, J.D.

Chambers U.S.A., Labor and Employment Law

The Best Lawyers in America, Employment Law - Management; Litigation - Labor & Employment, 2007-2018

Michigan Super Lawyers, Labor and Employment, 2006-2009, 2011-2016

Litigation Counsel of America - Fellow, 2008-present

Michigan State Bar Foundation - Fellow, 2008-present

DBusiness Top Lawyers in Metro Detroit, Labor and Employment Law, 2011-2017 Trade Secrets, 2014 & 2017 Litigation - Labor Employment Benefits, 2016

  • Michigan

National Association of College and University Attorneys (NACUA)

State Bar of Michigan - Labor and Employment Law Section

American Bar Association - Labor and Employment Law and Litigation Sections

Federal Bar Association

Detroit Metropolitan Bar Association

Metropolitan Affairs Coalition (2008-present)

Birmingham, Michigan Little League Baseball (1999-2005)- Board Member

Birmingham, Michigan Hockey Association (2005-present)- Board Member

  • Represented University in alleged employment discrimination
  • Represented University regents in alleged retaliation
  • Represented telecommunications equipment company regarding Uniform Trade Secret Act
  • Secured a judgment, automotive client
  • Represented hospital in alleged employment discrimination
  • Represented filtration management company in trade secrets lawsuit.
  • Secured permanent and preliminary injunctive relief in trade secret and non-compete matters for national CPA and business advisory firm
  • Represented technology consulting company
  • Represented University in alleged employment discrimination
  • Represented a technology and management consultant company that primarily provided services to health care providers
  • A summary disposition was affirmed in an age discrimination and retaliation case.
  • Represented pipeline company in alleged sex harassment, race discrimination, and retaliation
  • Represented technology and management consulting company in covenant not to compete
  • Defended EEOC charges across the country for one of the world's largest business outsourcing companies.
  • Represented defense industry company in alleged employment discrimination
  • Represented large retail chain in alleged defamation, retaliation, implied employment contract
  • Hybrid 301 action
  • Represented healthcare company in issues regarding Bullard Plawecki Employee Right to Know Act
  • Represented University in education law, contract, and injunction