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, major 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 "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. 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 are a few examples: 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 the founding patriarch of a company which is the world’s largest supplier of styrofoam cups. He was sued in probate court for alleged maladministration of a multi-billion dollar family trust. After we won an initial trial, the remainder of the case was resolved.

Often our cases never get to trial because of our dispositive motion practice, and the quality of our written and oral advocacy. For example: General Motors sued Volkswagen and Ignacio Lopez, a former GM executive vice-president, in a well publicized federal court suit in Detroit. GM alleged that Lopez took other GM employees to VW, along with thousands of confidential documents. Acting as local counsel for GM, we defeated VW’s motion to transfer the case to Germany, where other litigation between the parties was already pending. After losing that motion, the case was settled by Volkswagen paying General Motors $100 million and agreeing to buy $1 billion of parts from GM.

Appellate Advocacy

BSD&D also excels in appellate advocacy.  We are frequently called on to take over 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.  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.

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 very 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.

Class Action Defense Lawsuits

Our attorneys defend businesses 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.” Our class action defense lawyers have 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. Our litigation group has handled a full range of mass tort litigation, including multi-district and class action litigation.

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

Litigation over the misappropriation of trade secrets, copyright and trademark infringement and the breach of intellectual property licenses is a well established part of our practice. 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 may cases involving in 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.

Insurance

Barris, Sott, Denn & Driker 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 clients in wrongful discharge suits as well as suits alleging employment discrimination based on race, gender, age, disability and other protected classifications.

Professional Liability

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 & 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’ & 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.

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 & 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 multi-district 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.