Overview

Butzel has a distinguished history of successfully handling arbitration and litigation matters. We have participated in landmark cases beginning in the early twentieth century, where the Michigan Supreme Court acknowledged a President's ability to assert war time powers over utilities, through the present, where the United States Supreme Court ruled on the constitutionality of affirmative action policies at one of the country's top universities.

Our litigation and arbitration practice has grown throughout the years. We handle a range of complex issues and areas of litigation, including appeals, bankruptcy and restructuring, business entity disputes, commercial litigation, product liability, professional liability, real estate litigation, technology and electronic discovery issues, and white collar criminal defense and investigations. This has made our firm a destination point for clients with challenging litigation matters. We have extensive experience in every form of dispute resolution, and our practical understanding of the proceedings and our clients' businesses enables us to resolve disputes quickly and efficiently.

Members of our litigation team are American College of Trial Lawyers Fellows, ranked as top-band Chambers USA litigation attorneys, and have been named in the Best Lawyers in America.

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Experience

  • Successfully defended a major U.S. securities firm in a proceeding before an NASD arbitration panel; claimant sought damages based on fraud claims in connection with futures trading on the Chicago Mercantile Exchange
  • Engaged by a leading insurance company to analyze the direct and indirect impact of the bankruptcies of GM, Chrysler and major Tier 1 and Tier 2 auto suppliers on its insured bond portfolio
  • Representation of numerous hedge funds in diverse litigation and arbitration matters including partnership disputes, securities fraud, employment matters, breach of contract actions and investor litigation
  • Defended and Represented counter-claimant in aviation supplier litigation
  • Engaged by a Major Tier 1 Plan Administrator to oversee the implementation of Delphi corporation's confirmed chapter 11 plan.
  • Represented commercial lenders in connection with the restructuring of their pre-bankruptcy loans as well as their DIP financing activities
  • Obtained dismissal by summary disposition and summary judgment of asbestos claims
  • Representation of issuers and attorneys in securities fraud actions, internal investigations and SEC proceedings
  • Representation of direct mail business in connection with claims of fraud and breach of contract arising out of sale of business to private equity fund.
  • Obtained summary judgment on behalf of public university on Section 1983 claim.
  • Obtained a “no cause” jury verdict in client’s favor in a dispute regarding alleged joint venture obligations between two tech-sector companies
  • Representation of the US investment vehicle of one of Europe’s wealthiest individuals in a series of business/commercial cases pending in New York County Supreme Court and alleging breach of fiduciary duty, fraud, breach of contract, related claims
  • Successfully represented officer of pharmaceutical company in largest health care fraud trial to date in U.S. District Court in Boston
  • Successfully represented Tier 1 Automotive Supplier in breach of contract action in the United States District Court, North District of Illinois.
  • Prosecution of claims against wealth management consulting firm for breach of fiduciary duty, negligence and violation of Investment Advisers' Act
  • Lead counsel in two separate litigations, both involving $100 million trusts, with respect to claims of breach of fiduciary and related claims
  • Recovered a multi-million dollar settlement in favor of landowner client on property damage claims against commercial tenant
  • Representation of broker-dealer in connection with arbitration concerning claims brought by former member.
  • Represented global retail chain of business service centers in noncompete and breach of contract case in the Monroe County (Mich.) Circuit Court
  • Representation of prominent hedge funds in 18 related federal and state court class action and individual litigations, as well as NASD and AAA arbitrations, arising out of criminal conduct of rogue portfolio manager; resulted in the liquidation of funds
  • Represented a major pharmaceutical company prosecuting claims against its contract manufacturer regarding a recall of the product at issue and related breaches of the client’s rights, leading to a favorable settlement of the client’s claims.
  • Representation of official equity committee in chapter 11 proceedings of major cable company
  • Successfully defended UCC rights of a Bank
  • Defense of trip and fall lawsuit against an assisted living facility
  • Represented in-store advertiser in opposition to debtor’s motion to reject retail advertising license agreement in U.S. Bankruptcy Court, N.D. Illinois.
  • Organized complex ESI issues for an Antitrust case involving multiple languages and with unique issues with disparate operating systems and data repositories.
  • Played an active role in the representation of many of the largest Chapter 11 debtors including the case which established the precedent for the orderly management of cross-border insolvency proceedings
  • Represented hundreds of witnesses in state and federal grand jury investigations in numerous jurisdictions across the country
  • Defended automobile driver in lawsuit against passenger on bus involved in collision
  • Representation of global investment bank as creditor in significant bankruptcy proceeding arising out of 1994 collapse of derivatives market
  • Filed amicus curiae brief with the U.S. Supreme Court on behalf of 13 state-specific mutual-bond funds, addressing the issue of whether income-tax exemption for interest income from in-state municipal bonds violates the Constitution's Commerce Clause
  • Representation of foreign bank with more than $150 million in claims against Lehman Brothers
  • Represented a casualty insurance carrier situated in Arizona in an action against one of the largest national banks in the country. The case alleges claims for breach of contract and breach of fiduciary duty and seeks damages of $24 million.
  • CMACO Automotive Systems, Inc. v. Wanxiang America Corp. Represented defendant in commercial supply dispute. Summary judgment in client’s favor upheld on appeal. 589 F.3d 235 (6th Cir. 2009).
  • Served as National Coordinating Counsel for a major product liability case; included submissions to Congressional Committees and NHTSA foreign governments
  • Represented national tire manufacturing company in product liability litigation in several states
  • Defended New York City real estate operators involving ownership of a New York City hotel, and claims of breach of fiduciary duty, conversion, and fraud
  • Represented an automotive parts supplier in a contentious termination of the supply relationship with the supplier based on an accommodation agreement and access and security agreement
  • Recovered multi-million dollar settlement for a European food services company in a dispute with a Michigan manufacturer and distributor
  • Lead counsel in over 150 litigation actions on behalf of major tier 1 automotive supplier.
  • SEC Enforcement Action: Corporate Representation Regarding Alleged GAAP Accounting Irregularities
  • Prosecution of claims against wealth management consulting firm for breach of fiduciary duty, negligence and violation of Investment Advisers' Act
  • Representation of large utility company in prosecution of letter of credit litigation against Italian bank.
  • Representation of hedge fund in connection with litigation arising out of former employee’s claim to be an equity owner.
  • Represented plaintiff in multi-million supply contract dispute
  • Successful representation of shareholder client against claims of oppression and breach of fiduciary duty
  • Represented an international telecommunications equipment manufacturer in ICDR arbitration against its former component supplier regarding breaches of supply agreement, as well as resulting expenses and lost profit.
  • Defense of registered representative in connection with adversary proceeding concerning multimillion dollar claims for fraudulent transfer
  • Robotics Company Litigation
  • Representation of major electronics manufacturers in numerous actions involving disputes with major accounts
  • Represented close corporation and majority shareholder against breach of contract, conversion and dissolution claims brought by alleged minority shareholder.
  • Successfully arbitrated and obtained $7.2 million award, including $675,000 in attorney fees and costs, in breach of contract dispute between aerospace supplier and aircraft manufacturer.
  • Engaged by the agent for a lending syndicate which extended more than $50 million in pre-bankruptcy loans to a Tier 2 auto supplier
  • Obtained summary judgment in multiple defendant mortgage fraud case alleging RICO and other claims
  • Supervised and directly managed processes for the identification and data harvesting of relevant data repositories, including multiple systems (both current and legacy), for an international client with cross-border facilities.
  • Representation of calling card company in adversary proceeding arising out of WorldCom bankruptcy proceedings
  • Provided a plan of reorganization for an international shipping company
  • Obtained summary judgment on behalf of national financial institution on claims to enforce loan covenants
  • Successfully defended owners of a business against claims by private equity firm that final agreement had been reached for stock sale
  • Represented a software developer with government contracts against former managers in action for injunctive relief for misappropriation of trade secrets and tortuous interference
  • Prosecution of multimillion dollar ERISA breach of fiduciary claim against investment manager on behalf of pension plan sponsor
  • Successfully represented crash-test dummy manufacturer against claims brought by sales representative asserting commissions associated with purported Asian sales
  • Defended major university and its president in a case challenging university's consideration of race in admissions decisions
  • Obtained dismissal by summary disposition in legal malpractice case
  • Obtained TRO and preliminary injunctions for Tier 1 automotive suppliers in commercial disputes.
  • Represent Client in lawsuit against travel agent for refund of the cost of trip.
  • Obtained summary judgment on behalf of purchaser of real estate development in a dispute with surety.
  • Represented a financially troubled supplier in negotiating a multi-party accommodation agreement, access and security agreement, together with extensions of each agreement
  • Defended a subsidiary of national insurance company against third party and class action claims alleging its participation in securities and common law fraud perpetrated by primary defendant, for which client had brokered insurance
  • Represented plaintiff in breach of contract and breach of fiduciary duties action stemming from collapse of global financial services firm in U.S. District Court, S.D.N.Y.
  • Prosecution of counterfeiting and trademark infringement action for Italian jewelry designer
  • Obtained a multi-million dollar award in favor of national retailer, securing a refund of millions of dollars in sales taxes paid on bad-debt sales
  • Obtained an arbitration award in excess of $400,000 in a contract dispute
  • Tried case before Connecticut state court on behalf of plaintiff, seeking damages for breach of contract by hedge fund. In a related federal action, prosecuted stock valuation claims, and defended trade secret counterclaims, against hedge fund manager
  • Managed product liability/asbestos-related claims portfolio for Michigan on behalf of construction product manufacturer
  • Represented an automotive supplier against a casting supplier which filed for Chapter 11 relief in a motion to reject the supply contracts with our client and several other key customers
  • Defended client in contract dispute
  • Represented battery supplier seeking to recover research and development costs
  • Successfully obtained summary disposition for the defendant seller of a classic race car against plaintiff seeking $1 million for breach of contract and fraud
  • Defense of CEO of energy company in corporate derivative action involving claims of self dealing transactions
  • Pursuant to the request of officers of an international technology company suspecting the misappropriation of their Intellectual Property (“IP”) by employees, led the investigation to forensically evaluate the corporate servers, firewall logs and e-mail
  • Representation of U.S. branch of foreign global bank in dispute arising out of the collapse of The Reserve Fund after it "broke the buck" in Net Asset Value
  • Representation of Mexican Purchaser of Delphi's automotive exhaust business
  • Defended Defense contractor in wrongful death action alleging intentional tort against employer
  • Obtained a declination of prosecution for an accounting officer of an international automotive supplier after investigation by the DOJ and the SEC
  • Representation of court-appointed official committee of equity security holders in bankruptcy proceedings
  • Lead counsel in defense of a US subsidiary of an international cement and concrete company against civil price fixing and related Section 1 conspiracy claims.
  • Successfully represented a national joint venture training center operating a program assisting UAW members to obtain personal computers. We won a verdict of no cause in our client's favor in jury trial.
  • Defended National Rifle Association of America in high-profile federal case involving claims for false light publicity, intentional infliction of emotional distress, and assault and battery
  • Defended a “bet-your-company” breach of contract and fraud case on behalf of a publicly held broker-dealer in California federal court
  • Represented a power company in obtaining a favorable resolution of its bankruptcy claims against its joint venture partner
  • Defended several issuer-defendants in related secruities actions concerning the structuring of their respective IPO's. In re Initial Public Offering Securities Litigation,
  • Defended prominent hedge funds in 18 related federal and state litigations, as well as NASD and AAA arbitrations, arising out of criminal conduct of the clients' portfolio manager that resulted in the liquidation of the funds.
  • Represented director of White House Travel Office in defense of criminal indictment in federal district court for the District of Columbia in a jury trial that was successful
  • Successfully defended manufacturing company in two different lawsuits filed by another automotive company
  • Breach of commercial contract case; summary judgment in state court
  • Obtained summary disposition for trespass and nuisance claim
  • Represented international milling company in multi-year anti-trust case culminating in "no cause" verdict.
  • Represented a major bank on its behalf and as servicing agent to 5 other banks in a Chapter 11 case
  • Obtained acquittal of pharmaceutical company executive in federal trial in Boston following 4 month jury trial
  • Prosecution of massive negligence claims against national insurance broker on behalf of leasing/financing subsidiary of major auto manufacturer
  • Successfully defended securities class action on behalf of former chairman and chief executive officer of Silicon Valley company
  • Defense of foreign bank in “clawback” litigation commenced by Fairfield Sentry, significant “feeder fund” to Bernard L. Madoff Investment Securities.
  • As debtor's counsel, was instrumental in confirming a plan of reorganization for a lodging company operating more than 80 hotels
  • Successfully concluded an internal investigation for automotive manufacturer
  • Represented and advised a hedge fund with respect to rights and obligations pursuant to a credit facility agreement with a major financial institution.
  • Representation of issuer in claims against underwriter arising out of a failed IPO
  • Tried case before Connecticut state court on behalf of plaintiff, seeking damages for breach of contract by hedge fund in a related federal action, prosecuted stock valuation claims, and defended trade secret counterclaims, against hedge fund manager
  • Successfully represented Tier 1 Automotive Supplier in breach of contract disputes with its supply base.
  • Obtained summary judgment in favor of policyholder seeking insurance coverage for personal injury claims against body armor manufacturer
  • Defended international tobacco company in several class actions alleging fraud and product liability claims
  • Successfully defended securities class action on behalf of former chairman and chief executive officer of Silicon Valley company
  • Represented defendants in multi-million dollar commercial cases over the course of 10 years.  Succeeded in obtaining dismissal of multi-million dollar judgment on appeal.
  • Obtained acquittal of attorney charged with criminal contempt in federal court matter
  • Represented lawyer after sanctions brought by Grievance Commission
  • Represented an attorney in criminal matter involving kickbacks on vendor contracts being funneled to corporate executive of company
  • Obtained trial judgment in favor of defendant-client and an award on client’s counter-claim arising out of diamond-cutting machine manufacturer’s retention of personnel search firm
  • Design and Engineering Company Litigation
  • Represented elected prosecuting attorney in defense of professional misconduct charges
  • Successfully represented residential real estate multi-list entity in antitrust dispute.
  • Represented fastener supplier plaintiff in action for multiple breaches of a supply contract.
  • Prosecuted New York Stock Exchange arbitration for investment banker fired by major firm, asserting claims for breach of fiduciary duty
  • Representation of different U.S. and foreign banks in three separate disputes arising out of collapse of mortgage-backed securities market
  • Successfully arbitrated multi-million dollar supply dispute between aerospace supplier and aircraft manufacturer
  • Represented numerous attorneys, judges in professional disciplinary matters
  • Represented Assistant United States Attorney in investigation brought by Justice Dept Office of Professional Responsibility
  • Representation of minority shareholders in connection with litigation arising out of buyout of interest by majority shareholder.
  • Obtained judgment (and affirmance in the Court of Appeals) in favor of commercial real estate purchaser to enforce hotel property acquisition agreement
  • Represented provider of infrastructure services to the electric utility, gas, power and telecommunications markets in a lawsuit.
  • Extensive experience in prosecuting and defending avoidance actions in bankruptcy court, most recently, successfully defended a $100 million fraudulent transfer case brought in the Southern District of New York by the Creditors' Committee
  • Successful representation of pharmaceutical company in prosecuting claims against contract manufacturer relating to conduct that caused product recall
  • Representation of major Tier 1 automotive chassis component suppliers in defense of product liability litigation on regional and national basis
  • Representation of major Tier One automotive suppliers in litigation of price disputes involving potential manufacturing plant shut downs.
  • Contract dispute
  • Defense of law firms against claims of negligence arising in tax shelter, securities and general contract areas
  • Successfully prosecuted claim of seller of a business for increase in purchase price based on terms of stock-purchase agreement and post-closing adjustment process
  • Represented a wide variety of suppliers and purchasers in multiple industries with respect to contractual issues arising in connection with commercial supply agreements
  • Successfully defended a private securities SEC Rule 10b-5 action for manipulation. Case set new standard for award of attorneys fees to a prevailing defendant
  • Provide general litigation counsel to multi-national technology and outsourcing company
  • Counseling US and foreign based automotive suppliers regarding NHTSA compliance and recalls.
  • Represented foreign-based automotive supplier in case pricing, warranty, and contract termination issues
  • Defended international manufacturer of lighting equipment in asbestos litigation alleging product liability and wrongful death based on asbestos content of theatre lighting equipment.
  • Sales commission case; obtain summary judgment for employer
  • Obtained a complete declination of all proceedings, criminal and civil health care fraud, against pharmaceutical client by the US Attorney's Office in Dallas
  • Defended an issuer of securities against claims by its underwriter arising out of its IPO and an underlying securities class action.
  • Engineered Thermo Plastics Company Litigation
  • Successful representation of automotive supply client against claims arising out of nickel price surcharges
  • Obtained summary judgment of claims against private equity fund client
  • Defended client in First Amendment action
  • Argued case under the Commodity Exchange Act (CEA) before the U.S. Supreme Court on behalf of commodity customer with resulting favorable opinion ruling that implied right of action exists under the CEA.
  • Represented party in their claim of fraudulent misrepresentation against seller of business
  • Successful prosecution of shareholders' derivative action against directors and officers of closely held corporation arising out of claims of corporate waste, fraud and mismanagement
  • Represented an energy company in its chapter 11 case and in the prosecution of more than $1 billion of claims against a major corporation and its affiliates
  • Represented large purchaser of a complex equity derivative investment in claims implicating regulatory issues under both federal securities and commodities laws.
  • Represented an investment bank in arbitration against its former employees with respect to breaches of employment contracts, beaches of fiduciary duty, and theft of trade secrets and other confidential information.
  • Action for damages by Freedom Rider against United States for failure to protect him from beating by Ku Klux Klan. Verdict for plaintiff after trial.
  • Defended client in fraud claims relating to sale of business
  • Automotive supplier dispute
  • Successfully represented a plaintiff in a products liability matter against a large medical device manufacturer alleging breach of warranty, gross negligence and negligent misrepresentation claims arising from a defective knee implant
  • Defense of registered representative and investor in fraudulent transfer litigation commenced by Madoff Trustee.
  • Representation of business owners in contested buyout and corporate dissolution proceedings
  • Defended website owner of a health-care related site for trademark litigation against a provider of cosmetic surgery
  • Defense of major regional hospital system in an anti-trust case alleging conspiracy among hospital and physicians to exclude a cardiologist from the hospital staff
  • Representation of significant hedge fund in $200 million dispute with global bank arising out of failed $1 billion mortgage-backed CDO^2 transaction
  • Obtained a $6,900,000 sales tax refund judgment (and appellate affirmance) in favor of a national retail chain
  • Prepared an Amicus Curiae Brief to the U.S. supreme court urging the Court to grant states and local government units latitude in the regulation of firearms
  • Represented German manufacturer of industrial conveyor belts in personal injury case in the U.S. District Court, N.D. Ohio.
  • Successful representation of minority shareholders in closely held corporation in connection with claims arising out of buy/sell provisions in shareholders' agreement
  • Represented a die casting and machining supplier filing for complex Chapter 11 relief
  • Prosecution of attorney malpractice claims arising in connection with client's loss of European patent protection
  • Defended party in contract dispute
  • Secured dismissal of all claims asserted against electronic trading platform of major U.S. bank in federal court litigation arising out of arbitrage of ADRs and underlying securities sold on foreign stock exchange
  • Defended and won summary judgment in favor of a national insurance company, dismissing claims of breach of contract and wrongful termination brought up by former employee.
  • Defended paper manufacturer in catastrophic injury action
  • Represented the largest car rental firm in defense of an antitrust case brought by smaller car rental firms alleging exclusionary practices in obtaining on-airport franchise locations
  • Partial summary judgment in breach of contract and fraud case, granting default judgment for e-discovery abuses, and subsequently awarding $4-million judgment, attorneys’ and experts’ fees, and costs.
  • Tire Company Litigation
  • Jury trial verdict in a negligence case
  • Recovered substantial settlement in favor of shareholder client on claims of corporate mismanagement, oppression, and breach of fiduciary duty in connection with client’s investment in Northern Michigan technology company
  • Represented a lawyer seeking reinstatement of his license to practice law.
  • Regional counsel for tire manufacturer
  • Represented Product liability litigation
  • Represented a class of large investors in an investment program against a large investment bank and advisor in a class action in federal court for the Southern District of New York under the securities laws and achieved a $50 million settlement
  • Represented employer in defending § 1983 suit brought by unions and media bringing RICO counterclaim.  Successfully survived multiple motions to dismiss RICO counterclaim.
  • Representation of CEO of energy company in connection with derivative claims for breach of fiduciary duty based on alleged self-dealing
  • Advised numerous clients as to deal structure and strategy for the acquisition of businesses and assets from financially distressed sellers both in and out of bankruptcy court
  • Represented provider of infrastructure services to the electric utility, gas, power and telecommunications markets in a lawsuit. We enforced restrictive covenant to the fullest extent and recovered majority of attorney fees.
  • Representation of retail business in connection with claims of fraud brought by private equity fund acquirer of the business
  • Successfully positioned client at trial to obtain a significant settlement on behalf of the defendant/counter-plaintiff in a dispute alleging breach of contract and fraudulent inducement relating to the sale of electrical control panel company.
  • Broadcast tower lease dispute; summary judgment for lessor
  • Represented numerous individual and corporate defendants facing federal criminal prosecution arising from allegations of wire and mail fraud, tax fraud, insider trading, healthcare fraud, environmental crimes, theft of trade secrets and drug conspiracy
  • Secured a judgment, automotive client
  • Successful appellate representation of real estate purchaser, asserting fraud-based claims against the seller
  • Represented movie theatre owner in defending against ADA claims
  • Representation of franchisors and franchisees in "good cause" termination disputes
  • Successfully represented oil pipeline company against environmental contamination claims in Ohio
  • Successfully represented client in breach of executive level employment agreement.
  • Represented German auto manufacturer in the U.S. Court of International Trade.
  • Defended party in business fraud action
  • Biewer v. Coe. Represented defendant/counter-plaintiff in multi-million dollar commercial case.
  • Represented automotive supplier plaintiff in action for multiple breaches of contract in the U.S. District Court, E.D. Mich.
  • Represented Travelers Insurance against a workers' compensation price fixing conspiracy claim (American Association of Retired Persons v. National Surety Corp.).
  • Represented limited partners against a general partner that was a major investment bank for breach of fiduciary duties involving the sale of partnership assets
  • Conducted successful defense of a case brought by New York insurer against Latin American bank for fraud, breach of contract, interference with contract, and other claims
  • Johnson Controls, Inc. v. Jay Industries. Represented Plaintiff in commercial litigation (jury trial, appeal and related arbitration). Obtained verdict in client’s favor in excess of $4M. 459 F.3d 717 (6th Cir. 2006).
  • Obtained summary judgment on behalf of seller in claims arising out of acquisition of Tier II automotive supplier
  • Successfully represented a Community Preservation Corporation in litigation brought against it, former lawyer and state court judge over rulings and proceedings against opposing counsel in state court litigation
  • Defense of majority shareholder and former management of airline company in adversary proceeding arising out of $100 million tender offer
  • Successfully defended client against a $1 million arbitration claim from a Mergers & Acquistions firm on the grounds of changing the structure of a deal to avoid a fee.
  • Serves as the principal legal advisor to a public company listed on NASDAQ in the business of providing hyperbaric oxygen therapy treatments, equipment and related services to hospitals throughout the US
  • Engaged by a large private equity investor with respect to an out-of-court workout of the debts of one of its portfolio companies
  • $200,000 judgment for lessor in commercial lease dispute; litigation counsel for real estate investment firm
  • Successful representation of Taiwanese aquarium heating device manufacturer, obtaining summary dismissal of indemnity and contribution claims brought by insurance carrier
  • Represented a major manufacturer in a 363 sale of substantially all of the operating assets of an automotive parts supplier and debtor in possession of Chapter 11 proceedings
  • Obtained jury verdict in favor of Defendant in a $5 million lawsuit brought by a major hospital/health care system in connection with an acquisition of client’s optometric centers.
  • Represented bond insurers in connection with their exposure on bonds and other financial instruments they have insured
  • Represented a lawyer accused by ethics authorities of having a conflict of interest with a client.
  • Leading Toy Manufacturing Company Litigation
  • Representation of corporate and individual defendants in direct action brought by partner in connection with operation of an international food services business
  • Successfully defended a private securities SEC Rule 10b-5 action for manipulation Case set new standard for award of attorneys fees to a prevailing defendant
  • Represented U.S. subsidiary of global German electronics company regarding breaches of subcontract under a U.S. government contract in Washington, D.C. based AAA arbitration
  • Successfully defended and defeated class certification motions in a multi-million dollar Florida concrete antitrust action
  • Represented official and unofficial creditors' committees, formed for the purpose of representing the interests of trade, bondholder or bank creditors
  • Whitesell Corp. v. Whirlpool Corp. Represented plaintiff in action for multiple breaches of a supply contract. After a 4 week jury trial, obtained a $25.7 million dollar jury verdict in client’s favor and no-cause on Defendant’s counterclaim.
  • Successfully defeated class certification of putative class action suit brought against industrial client
  • Advised Anti-Defamation League following unsuccessful appeal to Tenth Circuit for violation of federal Wiretap Law and common law defamation, and defeated subsequent attorneys' fee award application
  • Obtained summary judgment in favor of automotive supplier, dismissing lower tier supplier’s breach of contract claims
  • Representation of foreign investment funds in litigation against hedge fund’s auditors and administrators.
  • Obtained dismissal of False Claims Act (“FCA”) lawsuit against healthcare provider and affirmance of dismissal in appeal (Chesbrough, et al. v. VPA, P.C. (6th Cir. August 23, 2011))
  • Successful representation of several significant foreign investor groups against global bank selling equity derivatives and swap products
  • Successfully positioned the defense of breach of contract dispute concerning the sale of a business so that plaintiff withdrew its claim with prejudice in the middle of arbitration.
  • Obtained a $7.25 million settlement for German automotive corporation in dispute relating to the acquisition of a piston manufacturing company.
  • Served as court-appointed Commercial & Litigation Counsel for a major auto supplier; acted as lead attorney in over 115 matters involving financially troubled suppliers against our client
  • Obtained a summary disposition for a tire failure case
  • Represent 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.
  • Prosecution of hundreds of preference actions on behalf of major automotive supplier
  • Obtained summary judgment in favor of large-scale residential developer and dismissal of claims brought by adjoining landowner
  • Successfully defended corporation against former executives' lawsuit regarding deferred compensation plan.
  • Successfully arbitrated multi-million dollar actuarial malpractice claim affecting client’s pension obligations
  • Defend various companies against alleged wastewater discharge violations
  • Successfully concluded by settlement a claim against the trustee of New York trusts for breach of fiduciary duty and alleged embezzlement of $49 million
  • Defended investment banker in claims by former firm for purported liability under promissory notes and seeking to recover the value of certain deals and production introduced to the firm on contract and unjust enrichment theories
  • Litigated lease disputes on behalf of tenants concerning operating expenses in connection with lease audits
  • Bench trial verdict in a landlord-tenant case
  • Representation of major Tier One automotive suppliers in arbitration and litigation of eight figure warranty and recall disputes with automotive OEMs.
  • Represented real estate developer and landlord against a newspaper in libel action
  • Prosecution and defense of accountants' malpractice cases involving both public and private companies
  • Represented defendant/appellee in U.S. Supreme Court where, in a 7-2 ruling, the High Court held that predicate "misdemeanor crime of domestic violence" in 18 U.S.C. 922(g)(9) need not include as an element a domestic relationship.
  • Routinely represent individuals and companies subject to SEC subpoenas and investigations concerning alleged violations of securities law with respect to a wide variety of financial transactions
  • Fraudulent misrepresentation, civil theft and conversion
  • Represented and advised a hedge fund in connection with potential litigation risk arising from the alleged representations by fund managers regarding fund's asset and mortgage back securities.
  • Represented a foreign bank as a secured party in the Chapter 11 case of an automotive machining parts supplier
  • Represented major bank in claim against another major bank for breach of acquisition agreement
  • Representation of Federal Communications Commission in connection with multibillion claim in bankruptcy against NextWave Communications.
  • Represented defendant / counter-plaintiff in multi-million-dollar commercial case.
  • Representation of national independent sales representative organization in numerous contract disputes with suppliers
  • Representation of former management of airline in connection with adversary proceeding arising out of tender offer and in connection with related SEC investigation
  • Successful representation of significant purchaser of complex equity derivatives product in claims against a major global investment bank
  • Represented lawyers accused by ethics authorities of conduct unbecoming a lawyer, including criminal conduct.
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