Litigation and Alternative Dispute Resolution

Bodman lawyers possess the expertise, insight and common sense necessary to vindicate clients’ rights, whenever and wherever contested, in the best possible way.

We protect clients ranging from local entrepreneurs to Fortune 500 companies in disputes involving a broad spectrum of issues. Wherever possible, we represent them before formal proceedings start. We routinely appear before federal and state courts throughout the United States, as well as in a variety of non-judicial forums, including national and international arbitral panels. Because of our expertise and strong track record, clients frequently turn to us to pursue cases that other firms handled previously, including appeals.

We employ all effective means to resolve disputes efficiently, favorably and cost-effectively. Through experience, we have found that an aggressive and proactive approach to dispute resolution, coupled with close coordination with our clients, produces the best results: early dismissals, favorable settlements, and winning verdicts and awards.

At all times, we strive for efficiency in staffing and strategy. We use paralegal and other support staff where appropriate and incorporate technological advances in dispute management and legal research.
We have particular expertise in many industries, including accounting, agency and distribution, banking and financial services, automotive, insurance, franchise, outdoor advertising, manufacturing, healthcare, the practice of law, high tech, construction, real estate and zoning, municipalities, and securities broker-dealers and investment advisers.

Our Services:

Our practice cuts across a wide variety of civil disputes, ranging from simple breach of contract claims to antitrust, securities, professional liability, trade secret, and other complex matters.

The subjects we address include:

• Antitrust law
• Asbestos claims
• Manufacturer Supply and Distribution Relationships
• Broker/dealer and investment adviser liability
• Class action defense
• Condemnation
• Constitutional Law, particularly the First Amendment
• Construction
• Corporate governance/internal investigations
• Earnout/post acquisition disputes
• Employment
• ERISA
• Financial institutions
• Franchise and distribution
• Health care
• Insurance
• Lender liability
• Intellectual property
• International law
• Government law
• Product liability
• Professional liability
• Real estate
• Securities fraud
• Shareholder derivative matters
• Tax
• Technology/E-commerce
• Telecommunications
• Termination of distribution relationships
• Trust and probate
• Zoning

Representative Matters:

Dozens of securities broker-dealers and investment advisers have relied on our counsel in cases alleging fraud, churning, and unsuitability; in cases alleging the “raiding” of competitors for sales representatives; in cases involving breach of non-solicitation or theft of trade secrets; and in other complex FINRA arbitrations.

We have successfully defended class actions for clients in a variety of industries, including banks, an automobile manufacturer, a major retailer of entertainment and sporting tickets, insurance companies, a national telecommunications company, and many others.

Our team has defended and counseled large law firms and accounting firms in Michigan and other states in malpractice cases, professional responsibility and ethics matters, partnership dissolution, and related matters. We have also provided expert testimony on professional conduct matters.

In connection with the largest insolvency of a life insurer in North American history, we represented the Michigan Insurance Commissioner, successfully arguing two appeals on the Commissioner’s behalf. The rehabilitation was a success and all policyholders received payment in full.

A Fortune 150 automotive supplier regularly employs us in matters involving multi-million dollar construction, vendor, supplier, and other disputes.

We represented a major league sports franchise in litigation involving the early termination of a lease on a municipal sports facility and an arbitration regarding the franchise’s new facility. The original facility’s owner sought more than $100 million in damages.  A principal contractor of the second facility also sought more than $100 million in damages.  Both matters were resolved favorably.

We have successfully represented national and international franchisors in defense of multi-billion dollar breach of contract, fraud, federal civil rights violations, trademark infringement and unfair competition actions.

Our attorneys have obtained arbitral no cause awards in defense of automotive, banking and other clients on issues ranging from lender liability to termination of distribution relationships.

We represented a foreign government in its successful defense of a federal court action and appeal in which the plaintiffs sought damages for alleged expropriation of business assets in violation of international law.

We represented a Tier-1 automotive supplier in an intense, high-stakes temporary restraining order battle after a judge had entered an order requiring our client to produce a bank of parts at a seven-figure loss. We persuaded the court to set aside its order and negotiated a settlement between the parties, including a significant payment to our client.

When state and federal regulators required our client, a commercial bank and its brokerage subsidiary, to repurchase billions of dollars of auction rate securities from their clients, we successfully guided our client through the repurchase with no sanctions, a minimal payment, and no reservation of fraud claims.

We helped a major health care provider obtain a preliminary injunction that prevented a specialty cancer hospital from moving its facility from our client’s main campus. The move would have undermined our client’s business strategy and resulted in damages to our client of up to $100 million.

We have successfully represented an auto manufacturer in multinational litigation and arbitration proceedings in Lebanon, the U.K., the Caribbean, and the U.S. related to its termination of distributorships around the world.

We routinely represent financial institutions of all sizes in connection with the prosecution and defense of claims across the entire spectrum of such litigation, ranging from routine loan guarantee collection through complex participation agreements, to international merger and acquisition claims.

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