The Litigation and Dispute Resolution Practice Department represents clients in a range of complex issues and areas of litigation. Our experience includes the handling of appeals, bankruptcy and restructuring matters, business entity disputes including non-compete and trade secret matters, commercial litigation, product liability matters, securities litigation, professional liability matters, real estate litigation, technology and electronic discovery issues, and white collar criminal defense and investigations.

Overview

The Litigation and Dispute Resolution Practice Department represents clients in a range of complex issues and areas of litigation. Our experience includes the handling of appeals, bankruptcy and restructuring matters, business entity disputes including non-compete and trade secret matters, commercial litigation, product liability matters, securities litigation, professional liability matters, real estate litigation, technology and electronic discovery issues, and white collar criminal defense and investigations. This vast experience makes Butzel a destination for clients when challenging litigation matters arise. 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.

Our litigation and arbitration practices have grown throughout the years. 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 wartime 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. As a large firm with deep resources across numerous practice areas, to name just one of the many Butzel advantages our clients have come to depend on, this team collaborates in dispute resolution matters with our colleagues that comprise our highly experienced Mediation and Arbitration Specialty Team. We find our clients appreciate the vast expertise available in the multiple areas of litigation and dispute resolution our attorneys specialize in being all under one roof—whether in one of our Michigan offices or our locations across the country.

Members of our Litigation and Dispute Resolution Practice Department include American College of Trial Lawyers Fellows, and many have been ranked as top-band litigation attorneys by Chambers USA and named in the Best Lawyers in America®. This team frequently publishes Client Alerts on topics pertinent to our Litigation and Dispute Resolution clients so they remain informed of important updates to this area of the law.

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Experience

  • Represented commercial lenders in connection with the restructuring of their pre-bankruptcy loans as well as their DIP financing activities
  • 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
  • Obtained dismissal by summary disposition and summary judgment of asbestos claims
  • Engaged by a Major Tier 1 Plan Administrator to oversee the implementation of Delphi corporation's confirmed chapter 11 plan.
  • 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
  • Defended Defense contractor in wrongful death action alleging intentional tort against employer
  • Prosecution of attorney malpractice claims arising in connection with client's loss of European patent protection
  • 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
  • Defended party in contract dispute
  • Representation of Federal Communications Commission in connection with multibillion claim in bankruptcy against NextWave Communications.
  • 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.
  • 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 client in contract dispute
  • 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
  • Jury trial verdict in a negligence case
  • 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
  • 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.
  • Represented Product liability litigation
  • Represented battery supplier seeking to recover research and development costs
  • Prosecution of massive negligence claims against national insurance broker on behalf of leasing/financing subsidiary of major auto manufacturer
  • 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
  • Prosecution of claims against wealth management consulting firm for breach of fiduciary duty, negligence and violation of Investment Advisers' Act
  • 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.
  • Secured a judgment, automotive client
  • 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
  • Successful appellate representation of real estate purchaser, asserting fraud-based claims against the seller
  • 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.
  • Successfully defended manufacturing company in two different lawsuits filed by another automotive company
  • 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 franchisors and franchisees in "good cause" termination disputes
  • Obtained acquittal of pharmaceutical company executive in federal trial in Boston following 4 month jury trial
  • 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
  • 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
  • Breach of commercial contract case; summary judgment in state court
  • 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.
  • Design and Engineering Company Litigation
  • Biewer v. Coe. Represented defendant/counter-plaintiff in multi-million dollar commercial case.
  • Representation of foreign bank with more than $150 million in claims against Lehman Brothers
  • Represented automotive supplier plaintiff in action for multiple breaches of contract in the U.S. District Court, E.D. Mich.
  • Obtained summary judgment on behalf of seller in claims arising out of acquisition of Tier II automotive supplier
  • 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
  • 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
  • Represented limited partners against a general partner that was a major investment bank for breach of fiduciary duties involving the sale of partnership assets
  • Successfully defended securities class action on behalf of former chairman and chief executive officer of Silicon Valley company
  • Representation of different U.S. and foreign banks in three separate disputes arising out of collapse of mortgage-backed securities market
  • 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.
  • 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
  • Representation of calling card company in adversary proceeding arising out of WorldCom bankruptcy proceedings
  • Representation of major Tier One automotive suppliers in litigation of price disputes involving potential manufacturing plant shut downs.
  • Managed product liability/asbestos-related claims portfolio for Michigan on behalf of construction product manufacturer
  • Successful representation of Taiwanese aquarium heating device manufacturer, obtaining summary dismissal of indemnity and contribution claims brought by insurance carrier
  • Represented provider of infrastructure services to the electric utility, gas, power and telecommunications markets in a lawsuit.
  • Contract dispute
  • 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.
  • Representation of major electronics manufacturers in numerous actions involving disputes with major accounts
  • Represented bond insurers in connection with their exposure on bonds and other financial instruments they have insured
  • 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
  • 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.
  • 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
  • Leading Toy Manufacturing Company Litigation
  • Representation of hedge fund in connection with litigation arising out of former employee’s claim to be an equity owner.
  • Successfully arbitrated multi-million dollar supply dispute between aerospace supplier and aircraft manufacturer
  • 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.
  • Obtained summary judgment of claims against private equity fund client
  • 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))
  • Obtained summary judgment in favor of automotive supplier, dismissing lower tier supplier’s breach of contract claims
  • 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.
  • 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.
  • 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.
  • Obtained a $7.25 million settlement for German automotive corporation in dispute relating to the acquisition of a piston manufacturing company.
  • Defended client in First Amendment action
  • Prosecution of hundreds of preference actions on behalf of major automotive supplier
  • 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
  • Obtained summary judgment in favor of large-scale residential developer and dismissal of claims brought by adjoining landowner
  • Obtained a summary disposition for a tire failure case
  • 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 major university and its president in a case challenging university's consideration of race in admissions decisions
  • Provide general litigation counsel to multi-national technology and outsourcing company
  • Defend various companies against alleged wastewater discharge violations
  • 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 major Tier One automotive suppliers in arbitration and litigation of eight figure warranty and recall disputes with automotive OEMs.
  • 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
  • Litigated lease disputes on behalf of tenants concerning operating expenses in connection with lease audits
  • Obtained a $6,900,000 sales tax refund judgment (and appellate affirmance) in favor of a national retail chain
  • Prosecution and defense of accountants' malpractice cases involving both public and private companies
  • 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.
  • 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.
  • Representation of significant hedge fund in $200 million dispute with global bank arising out of failed $1 billion mortgage-backed CDO^2 transaction
  • Represented a foreign bank as a secured party in the Chapter 11 case of an automotive machining parts supplier
  • Represented a power company in obtaining a favorable resolution of its bankruptcy claims against its joint venture partner
  • Represented major bank in claim against another major bank for breach of acquisition agreement
  • Fraudulent misrepresentation, civil theft and conversion
  • Automotive supplier dispute
  • Defense of CEO of energy company in corporate derivative action involving claims of self dealing transactions
  • Represented lawyers accused by ethics authorities of conduct unbecoming a lawyer, including criminal conduct.
  • 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
  • Representation of national independent sales representative organization in numerous contract disputes with suppliers
  • Representation of official equity committee in chapter 11 proceedings of major cable company
  • 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
  • Obtained a “no cause” jury verdict in client’s favor in a dispute regarding alleged joint venture obligations between two tech-sector companies
  • 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
  • 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.
  • Regional counsel for tire manufacturer
  • Successfully represented officer of pharmaceutical company in largest health care fraud trial to date in U.S. District Court in Boston
  • As debtor's counsel, was instrumental in confirming a plan of reorganization for a lodging company operating more than 80 hotels
  • Successfully represented Tier 1 Automotive Supplier in breach of contract action in the United States District Court, North District of Illinois.
  • Represented a lawyer seeking reinstatement of his license to practice law.
  • Representation of broker-dealer in connection with arbitration concerning claims brought by former member.
  • 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 global retail chain of business service centers in noncompete and breach of contract case in the Monroe County (Mich.) Circuit Court
  • Lead counsel in two separate litigations, both involving $100 million trusts, with respect to claims of breach of fiduciary and related claims
  • Defended paper manufacturer in catastrophic injury action
  • Represented international milling company in multi-year anti-trust case culminating in "no cause" verdict.
  • Representation of issuers and attorneys in securities fraud actions, internal investigations and SEC proceedings
  • Represented a die casting and machining supplier filing for complex Chapter 11 relief
  • Representation of CEO of energy company in connection with derivative claims for breach of fiduciary duty based on alleged self-dealing
  • Recovered multi-million dollar settlement for a European food services company in a dispute with a Michigan manufacturer and distributor
  • Successfully represented oil pipeline company against environmental contamination claims in Ohio
  • Represented hundreds of witnesses in state and federal grand jury investigations in numerous jurisdictions across the country
  • 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
  • Organized complex ESI issues for an Antitrust case involving multiple languages and with unique issues with disparate operating systems and data repositories.
  • Represented German auto manufacturer in the U.S. Court of International Trade.
  • Representation of global investment bank as creditor in significant bankruptcy proceeding arising out of 1994 collapse of derivatives market
  • Represented fastener supplier plaintiff in action for multiple breaches of a supply contract.
  • 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
  • Successfully represented client in breach of executive level employment agreement.
  • Served as National Coordinating Counsel for a major product liability case; included submissions to Congressional Committees and NHTSA foreign governments
  • Obtained summary judgment in favor of policyholder seeking insurance coverage for personal injury claims against body armor manufacturer
  • Represented national tire manufacturing company in product liability litigation in several states
  • 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.
  • Broadcast tower lease dispute; summary judgment for lessor
  • Represented lawyer after sanctions brought by Grievance Commission
  • Represented in-store advertiser in opposition to debtor’s motion to reject retail advertising license agreement in U.S. Bankruptcy Court, N.D. Illinois.
  • 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
  • Successful representation of pharmaceutical company in prosecuting claims against contract manufacturer relating to conduct that caused product recall
  • Representation of large utility company in prosecution of letter of credit litigation against Italian bank.
  • Defended party in business fraud action
  • Provided a plan of reorganization for an international shipping company
  • 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.
  • 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).
  • Represented plaintiff in multi-million supply contract dispute
  • Engaged by a large private equity investor with respect to an out-of-court workout of the debts of one of its portfolio companies
  • Defense of registered representative in connection with adversary proceeding concerning multimillion dollar claims for fraudulent transfer
  • Represented a wide variety of suppliers and purchasers in multiple industries with respect to contractual issues arising in connection with commercial supply agreements
  • Robotics Company Litigation
  • 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 the agent for a lending syndicate which extended more than $50 million in pre-bankruptcy loans to a Tier 2 auto supplier
  • Representation of minority shareholders in connection with litigation arising out of buyout of interest by majority shareholder.
  • Obtained summary judgment in multiple defendant mortgage fraud case alleging RICO and other claims
  • Represented close corporation and majority shareholder against breach of contract, conversion and dissolution claims brought by alleged minority shareholder.
  • Engineered Thermo Plastics Company Litigation
  • Successfully represented crash-test dummy manufacturer against claims brought by sales representative asserting commissions associated with purported Asian sales
  • 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
  • Successfully defended owners of a business against claims by private equity firm that final agreement had been reached for stock sale
  • Successfully defeated class certification of putative class action suit brought against industrial client
  • Represent Client in lawsuit against travel agent for refund of the cost of trip.
  • Representation of corporate and individual defendants in direct action brought by partner in connection with operation of an international food services business
  • Obtained dismissal by summary disposition in legal malpractice case
  • $200,000 judgment for lessor in commercial lease dispute; litigation counsel for real estate investment firm
  • 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
  • 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 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
  • Defended international manufacturer of lighting equipment in asbestos litigation alleging product liability and wrongful death based on asbestos content of theatre lighting equipment.
  • Obtained an arbitration award in excess of $400,000 in a contract dispute
  • Representation of business owners in contested buyout and corporate dissolution proceedings
  • Successfully obtained summary disposition for the defendant seller of a classic race car against plaintiff seeking $1 million for breach of contract and fraud
  • Successful representation of several significant foreign investor groups against global bank selling equity derivatives and swap products
  • 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
  • Successfully concluded by settlement a claim against the trustee of New York trusts for breach of fiduciary duty and alleged embezzlement of $49 million
  • Representation of Mexican Purchaser of Delphi's automotive exhaust business
  • 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.
  • 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 foreign investment funds in litigation against hedge fund’s auditors and administrators.
  • Obtained a declination of prosecution for an accounting officer of an international automotive supplier after investigation by the DOJ and the SEC
  • Represented German manufacturer of industrial conveyor belts in personal injury case in the U.S. District Court, N.D. Ohio.
  • Representation of court-appointed official committee of equity security holders in bankruptcy proceedings
  • 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
  • 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 a “bet-your-company” breach of contract and fraud case on behalf of a publicly held broker-dealer in California federal court
  • 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.
  • Successfully concluded an internal investigation for automotive manufacturer
  • Tire Company Litigation
  • Obtained summary disposition for trespass and nuisance claim
  • Represented real estate developer and landlord against a newspaper in libel action
  • 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
  • Representation of former management of airline in connection with adversary proceeding arising out of tender offer and in connection with related SEC investigation
  • 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 major bank on its behalf and as servicing agent to 5 other banks in a Chapter 11 case
  • Bench trial verdict in a landlord-tenant case
  • Successfully defended securities class action on behalf of former chairman and chief executive officer of Silicon Valley company
  • Successful representation of minority shareholders in closely held corporation in connection with claims arising out of buy/sell provisions in shareholders' agreement
  • Defense of foreign bank in “clawback” litigation commenced by Fairfield Sentry, significant “feeder fund” to Bernard L. Madoff Investment Securities.
  • Successful representation of significant purchaser of complex equity derivatives product in claims against a major global investment bank
  • Representation of issuer in claims against underwriter arising out of a failed IPO
  • 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 several issuer-defendants in related secruities actions concerning the structuring of their respective IPO's. In re Initial Public Offering Securities Litigation,
  • Prosecuted New York Stock Exchange arbitration for investment banker fired by major firm, asserting claims for breach of fiduciary duty
  • Represented movie theatre owner in defending against ADA claims
  • Obtained acquittal of attorney charged with criminal contempt in federal court matter
  • 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
  • Defended international tobacco company in several class actions alleging fraud and product liability claims
  • Successfully defended UCC rights of a Bank
  • Recovered a multi-million dollar settlement in favor of landowner client on property damage claims against commercial tenant
  • Represented an attorney in criminal matter involving kickbacks on vendor contracts being funneled to corporate executive of company
  • Obtained summary judgment on behalf of public university on Section 1983 claim.
  • Represented elected prosecuting attorney in defense of professional misconduct charges
  • Represented employer in defending § 1983 suit brought by unions and media bringing RICO counterclaim.  Successfully survived multiple motions to dismiss RICO counterclaim.
  • Successfully represented residential real estate multi-list entity in antitrust dispute.
  • Defense of trip and fall lawsuit against an assisted living facility
  • 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
  • Representation of retail business in connection with claims of fraud brought by private equity fund acquirer of the business
  • Successfully represented Tier 1 Automotive Supplier in breach of contract disputes with its supply base.
  • Represented numerous attorneys, judges in professional disciplinary matters
  • Represented Travelers Insurance against a workers' compensation price fixing conspiracy claim (American Association of Retired Persons v. National Surety Corp.).
  • Represented Assistant United States Attorney in investigation brought by Justice Dept Office of Professional Responsibility
  • 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
  • Defense of majority shareholder and former management of airline company in adversary proceeding arising out of $100 million tender offer
  • 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
  • Defended automobile driver in lawsuit against passenger on bus involved in collision
  • Obtained judgment (and affirmance in the Court of Appeals) in favor of commercial real estate purchaser to enforce hotel property acquisition agreement
  • Lead counsel in over 150 litigation actions on behalf of major tier 1 automotive supplier.
  • 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).
  • Representation of major Tier 1 automotive chassis component suppliers in defense of product liability litigation on regional and national basis
  • 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 official and unofficial creditors' committees, formed for the purpose of representing the interests of trade, bondholder or bank creditors
  • 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
  • SEC Enforcement Action: Corporate Representation Regarding Alleged GAAP Accounting Irregularities
  • Counseling US and foreign based automotive suppliers regarding NHTSA compliance and recalls.
  • Represented a lawyer accused by ethics authorities of having a conflict of interest with a client.
  • Represented foreign-based automotive supplier in case pricing, warranty, and contract termination issues
  • Successfully defended and defeated class certification motions in a multi-million dollar Florida concrete antitrust action
  • Defended an issuer of securities against claims by its underwriter arising out of its IPO and an underlying securities class action.
  • Sales commission case; obtain summary judgment for employer
  • Obtained summary judgment on behalf of national financial institution on claims to enforce loan covenants
  • 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.
  • Successful representation of automotive supply client against claims arising out of nickel price surcharges
  • Successful representation of shareholder client against claims of oppression and breach of fiduciary duty
  • Successfully arbitrated multi-million dollar actuarial malpractice claim affecting client’s pension obligations
  • 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
  • Prosecution of claims against wealth management consulting firm for breach of fiduciary duty, negligence and violation of Investment Advisers' Act
  • Obtained summary judgment on behalf of purchaser of real estate development in a dispute with surety.
  • Represented large purchaser of a complex equity derivative investment in claims implicating regulatory issues under both federal securities and commodities laws.
  • 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
  • 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.
  • Successfully defended corporation against former executives' lawsuit regarding deferred compensation plan.
  • Defense of registered representative and investor in fraudulent transfer litigation commenced by Madoff Trustee.
  • Defended client in fraud claims relating to sale of business
  • 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 counterfeiting and trademark infringement action for Italian jewelry designer
  • Defended website owner of a health-care related site for trademark litigation against a provider of cosmetic surgery
  • Obtained TRO and preliminary injunctions for Tier 1 automotive suppliers in commercial disputes.
  • Represented defendant / counter-plaintiff in multi-million-dollar commercial case.
  • 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
  • Prosecution of multimillion dollar ERISA breach of fiduciary claim against investment manager on behalf of pension plan sponsor
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