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Represented numerous clients in "business divorce" and shareholder/partner disputes, including securing summary judgment dismissing a $100 million minority shareholder oppression claim.
Fully prevailed in a six week "bet the company" AAA arbitration in Chicago defending FTD Florists' Association against corporate partner, including an award of attorney and expert fees to our client.
Obtained a judgment for full damages for JPMorgan Chase against former top executive under clawback agreements for violation of non-competition agreement.
Prevailed for full damages in AAA arbitration against former employee who breached a non-competition agreement with accounting firm.
Successfully litigated numerous trade secret matters, including defense of company and its top executive against claims by former employer in the landmark case that established the "inevitable disclosure" doctrine in Michigan law.
Defended FANUC Robotics North America, Inc. in a $30 million complex commercial arbitration after which the panel awarded only de minimis damages (less than 0.5% of the amounts claimed).
Represented numerous clients in UCC supplier disputes, including defeating General Motors' claim that its "pricing matrix" constituted a long-term steel supply contract amidst sky-rocketing global steel prices.
Two weeks into a federal court trial, compelled an extremely favorable settlement of our client's claims against two former employees who attempted to establish a competing business with our client's intellectual property.
Through evidentiary hearing and multiple appeals, prevailed for an Indiana steel mill against major steel supplier over disputed sale of assets.
In a jury trial, obtained no-cause of action verdict on multi-million dollar counter-claim in a commercial dispute involving resale of telecommunications services.
Fully prevailed at trial for a distributor of Aveda products against the purveyor of grey market goods based upon a novel theory of unfair competition under Michigan law.
For Harley-Davidson Motor Company, defeated plaintiff's claim of unlawful use of his likeness on a Harley Davidson product.
Successfully defended major accounting firm on issue of first impression in Michigan regarding third-party accountant liability.
As lead Michigan counsel for Universal Music Group, Inc. and related entities and associated artists (including Mary J. Blige and Dr. Dre), prevailed against claims of copyright infringement and defamation in numerous matters.
REPRESENTATIVE CLIENTS
Bank of America
Combine International, Inc.
Chrysler LLC
Clear Channel Communications, Inc.
FANUC Robotics North America, Inc.
Fifth Third Bank
JPMorgan Chase, N.A.
Park West Gallery, Inc.
Universal Music Group, Inc. (and related companies and artists)
Walter Toebe Construction Co., Inc.
AREAS OF PRACTICE EMPHASIS
Appellate Litigation
Arbitration (domestic and international)
Automotive
Banking & Financial Services
Business Torts
Copyright
Trademark and Unfair Competition
ACKNOWLEDGEMENTS
Michigan Super Lawyers, Business Litigation
Thrice honored for pro bono work by U.S. District Court, E.D. Michigan
Service Key Award from Boys and Girls Club of Southeast Michigan
PROFESSIONAL INVOLVEMENT
State Bar of Michigan
Committee on Civil Procedure and Courts
Representative Assembly, 6th Judicial Circuit Representative
Oakland County Bar Association, Sustaining Member
Chair, CLE Committee
Chair, Circuit Court Committee
Oakland County Inns of Court, Executive Committee Member & Barrister
Oakland County Bar Foundation, Fellow
Federal Bar Association
American Bar Association
ACLU of Michigan contributing attorney and member of Oakland County Lawyers Committee
PUBLICATIONS AND PRESENTATIONS
Settling Trade Secret Litigation -- Trying to Rebottle the Genie, 20 Intellectual Property Litigation 3 (ABA 2009)
Presenter, "The Sins of Arbitration," 8th Annual Advanced Negotiation & Dispute Resolution Institute (ICLE, 2009)
co-author, Michigan Business Torts (2d ed. ICLE 2003 and 2007)
Physician, Meet Thy Covenant. Noncompete Agreements in the Medical Profession, 86 Mich.B.J. 5 (2007)
co-author, Drafting Air-Tight Shareholder Agreements, 84 Mich.B.J. 37 (2005)
Presenter, "Litigating Non-Competition Agreements" (August, 2003), ICLE's Masters of Litigation Series
co-author, Trade Secrets: Protection and Remedies, 43-2nd C.P.S. (BNA 2007)
Noncompete Agreements for Attorneys, 87 Mich.B.J 12 (2008)
EDUCATION
University of Michigan, B.A. 1990 (with honors)
University of Michigan, J.D. 1992.
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