Detroit, Michigan, Business and Commercial Litigation for Corporations
Barris, Sott, Denn & Driker, P.L.L.C.
Detroit Business and Commercial Litigation Attorneys
Trial Advocacy • Appeals • Alternative Dispute Resolution
Distinguished clients of Barris, Sott, Denn & Driker, P.L.L.C. include emerging startups, worldwide corporations, and major automobile manufacturers. Our commercial lawyers have proudly represented the legal interests of "Big Three" automakers, large gas and electric utilities, large Michigan law firms, financial and banking institutions, large insurance companies, and real estate developers.
Litigation Skills
Attorneys Accomplished in High-Stakes and "Bet the Company" Litigation
Clients often turn to us when the stakes are high, especially when they understand that the very survival of their business may be hanging in the balance. We specialize in high stakes and "bet the company " cases, and two of our partners are recognized in Best Lawyers in America for their expertise in handling such cases.
Trial Advocacy
Our experience and skill in the courtroom are renowned for business and commercial litigation. Two of our litigators are listed in Best Lawyers in America and are members of the American College of Trial Lawyers. We have tried substantial cases before courts and juries in a wide variety of commercial disputes. Here is a telling example:
We represented Michigan's largest public utility in a half-billion dollar construction suit which was Michigan's largest and longest civil trial, lasting 23 months, involving a wide range of complex procedural and substantive legal issues .
Our client's adversary in that bitterly contested suit has since become a client of our firm.
We represented a husband and wife in a family dispute involving a challenge to a corporate reorganization accomplished by our clients, as trustees of a trust for their three sons, their wives and children. Claims approaching $1 billion were brought against our clients for effectuating this reorganization. The plaintiffs sought to litigate the case both in the probate court in Ingham County, Michigan and the federal and state courts in Florida. We were successful in enjoining prosecution of any claims other than in the Michigan probate court, successfully tried a major portion of the case in which the plaintiffs sought to remove our clients as trustees, and eventually effectuated a settlement very favorable to our clients. Numerous interlocutory appeals were taken in the case, including attempted review in the Supreme Court of the United States. Every ruling obtained by our firm in the trial court was sustained on appeal.
Often our cases never get to trial because of our dispositive motion practice, and the quality of our written and oral advocacy. For example:
We represented an American auto manufacturer against a German competitor, its American subsidiary and a former high-ranking executive of our client for claims surrounding the executive's sudden departure from our client to the competitor. Our client alleged that the executive had induced eight other employees to follow him and that they left with tens of thousands of pages of highly confidential documents, photographs, plans and similar materials, in a massive RICO conspiracy. We argued the initial motion to keep the case in Michigan, against the German company's motion that it should be transferred to Germany, where other litigation between the parties was already pending. After losing that motion, the German manufacturer engaged in serious settlement negotiations and the case was ultimately settled by it paying our client $100 million and agreeing to buy $1 billion of parts from it.
Appellate Advocacy
BSD&D also excels in appellate advocacy for all types of. We are frequently called on to take over business and commercial litigation cases after another firm has experienced an adverse result at the trial level. Just one recent example is:
A large school district obtained a jury verdict in excess of $26 million against its bond counsel. We were called in to take over after the jury verdict. We briefed and argued the matter in the Michigan Court of Appeals, which unanimously reversed the jury verdict. The case was settled favorably to our client after argument in the Michigan Supreme Court.
Additionally, several of our attorneys have clerked in the Michigan Supreme Court and Michigan Court of Appeals.
Alternative Dispute Resolution
Litigation is not the only way to resolve a dispute. Increasingly, our clients are looking to other vehicles for resolving their disputes as alternatives to the courts. Our firm has extensive experience in arbitration, mediation and facilitation proceedings. In addition, our attorneys are regularly called upon by judges and other prominent law firms to act as arbitrators or settlement facilitators for all types of cases.
Substantive Practice Areas
Antitrust and Trade Regulation
One of our senior litigators served in the Antitrust Division of the U.S. Justice Department and has chaired the State Bar of Michigan's Antitrust Law section. The firm has handled numerous cases arising under the Sherman, Clayton, and Robinson-Patman Acts. We have successfully litigated both civil and criminal antitrust cases.
Business Torts and Breach of Contract
We frequently represent clients in litigating claims based on fraud, tortious interference, unfair competition and other "business torts." We also represent business clients frequently in breach of contract cases. These cases involve contracts such as vendor agreements, purchase agreements, consultant agreements, non-competition agreements and many others. Our clients in these areas range from individual entrepreneurs to the world's largest corporations.
Our attorneys regularly manage the defense of class action lawsuits involving a wide-variety of substantive legal issues. Indeed, we have often been able to successfully defend businesses in such lawsuits by convincing courts not to grant class certification in the first place because the claims at issue are not suitable for litigation on a class-wide basis under the court rules. In those cases where class certification is justified, we have successfully defended multidistrict and class action lawsuits in matters involving a wide variety of circumstances. Our experience includes the successful defense of insurance companies in cases seeking class treatment of claims for alleged breach of insurance policies. For example, we successfully represented Michigan's largest no-fault insurer in a series of class action lawsuits requiring the construction of its obligations under the no-fault insurance statute. Our class action defense trial lawyers have likewise defended a wide variety of tort actions, including class action lawsuits involving airplane crashes and product liability cases pertaining to a wide variety of products, from chemicals such as benzene, to mechanical devices such as personal watercraft. For example, we represented both Michigan and out-of-state utilities in lawsuits alleging injuries caused by "stray voltage."
Construction
We represent clients from every segment of the construction industry, including builders, developers, designers, building owners, lenders, and insurers. We have handled numerous construction claims (including wrongful death claims) involving all types of building defects, such as soil compaction problems, roofing problems, structural defects, brick problems, electrical defects, gas problems, ventilation problems, and "sick building" problems.
Intellectual Property
We are frequently called upon to prosecute or defend litigation involving claims for misappropriation of trade secrets, copyright infringement, trademark infringement, and the breach of intellectual property licenses. We have successfully tried cases involving alleged violations of federal and state laws protecting intellectual property, as well as claimed breaches of license agreements.
Unfair Competition
Closely related to our intellectual property practice is our litigation of unfair competition and trade secret claims. We have handled many cases involving Michigan's trade secret law. When problems arise in this area it is frequently necessary to take immediate action. We have the ability to marshal our forces quickly to seek or defend against temporary restraining orders and preliminary injunctions.
Barris, Sott, Denn & Driker, P.L.L.C. litigation attorneys represent both individual policyholders and major insurance companies in construing the terms and coverages under a broad variety of insurance policies. Our coverage litigation requires an expertise in both common law and statutory law, including insurance codes applicable to the construction of insurance policies. We successfully represented Michigan's largest no-fault insurer in a series of class action lawsuits requiring the construction of its obligations under the no-fault insurance statute.
Labor and Employment
The defense of labor and employment lawsuits is a well established area of our practice. Our attorneys regularly defend corporate clients in wrongful discharge suits as well as suits alleging employment discrimination based on race, gender, age, disability, and other protected classifications.
We frequently defend lawyers, accountants, and other professionals in malpractice lawsuits and professional disciplinary proceedings. Major Michigan law firms seek our assistance to defend them when they face such claims, an indication of Barris, Sott, Denn & Driker's high stature in the legal community.
Corporate, LLC, and Partnership Disputes
Given our heavy emphasis in the areas of business and commercial law, we are often called upon to litigate business control disputes. We represent both small and large businesses, including corporations, limited liability companies and partnerships, as well as their owners, partners, and shareholders.
Officers' and Directors' Liability
We have often been engaged in litigating claims by and against officers, directors, partners and other agents of business entities. These suits may be brought by shareholders or other business owners, and they often involve claims of corporate mismanagement, professional negligence, or breaches of fiduciary duties to the business entity. We have litigated such suits on behalf of public and private entities of all sizes, as well as their officers, directors, and other agents.
These matters quite often require our expertise in construing the rights and responsibilities of insurers and insureds under directors and officers insurance policies. We regularly advise business entities, officers, and directors concerning such matters, and have successfully prosecuted litigation to enforce such policies when necessary. For example, one of our clients, a non-profit charitable corporation, was sued in a qui tam lawsuit under the Medicaid False Claims Act. The client settled the qui tam case, but its insurance company refused to reimburse it for the settlement. We filed an arbitration claim on behalf of our client against its insurer and prevailed in that action, securing an arbitration award requiring the insurer to pay for 100% of the settlemen.
Securities
We handle claims in a broad variety of securities and corporate financing litigation, including claims for and against buyers and sellers of securities, issuers, underwriters, broker-dealers, and others involving the purchase and sale of securities.
Gaming Law
BSD&D has represented the city of Detroit, various municipalities, and private parties in litigation concerning Michigan's new casino gaming laws, including suits challenging the constitutionality of these laws.
Negligence and Products Liability Defense
We defend businesses and individuals in negligence and product liability suits involving personal injuries and wrongful death. We represent both Michigan and out-of-state utilities in lawsuits alleging injuries caused by "stray voltage." We have defended a wide variety of tort actions, from airplane crashes to drownings. We also have a remarkable record of success in defending product liability actions involving a wide variety of products, from chemicals such as benzene, to mechanical devices such as personal watercraft. Our litigation group has handled both individual suits and mass tort litigation, including multidistrict and class action litigation.
Real Estate Litigation
We also have a strong real estate litigation practice with the resources to pursue these matters through the court system. Our real estate litigation lawyers have handled complex judicial mortgage foreclosures, real estate tax assessment trials, real estate aspects of bankruptcy proceedings, and construction defect disputes.
From banks to startup companies to established corporations who need quality representation, Barris, Sott, Denn & Driker P.L.L.C. is here to find creative, efficient solutions for all your legal needs. Contact us today to learn more about we can be of service to you.