Business Litigation and Shareholder Actions

The firm regularly represents businesses and individuals in disputes involving any variety of business torts, shareholder and partnership disputes, employment relationships, and breaches of contract.

Over the past two decades, Mark has developed a niche practice in shareholder and member oppression actions under MCL 450.1489 and 4515. He has represented plaintiffs and defendants in dozens of oppression cases involving wide ranging forms of relief, including corporate dissolution, buy-outs, and damages ranging from the hundreds of thousands to tens of millions of dollars – both in trial and through negotiations and settlement.

Mark's recoveries in business litigation cases have repeatedly ranked among the top recoveries in the state. In 2013, Mark obtained the #1 largest settlement reported in Michigan Lawyers Weekly, in a complex shareholder oppression case.

Mark co-wrote the briefs in the first shareholder oppression case to reach the Michigan Supreme Court, helping to clarify and preserve the contours and proper application of the oppression statute. Madugula v. Taub (Michigan Supreme Court, July 15, 2014). Also, Mark worked on appellate briefing in a matter that ultimately was decided by the Michigan Supreme Court in a seminal decision concerning statute of limitations and accrual dates under both of Michigan’s oppression statutes. Frank v. Linkner (Michigan Supreme Court, May 15, 2017).  Mark wrote a brief article summarizing the implications of this decision. 

Most recently, the firm obtained a groundbreaking decision from the Michigan Court of Appeals in a member oppression case, reversing the trial court's ruling and ordering that a judgment be entered in favor of the firm's client on his member oppression and other claims. Castle v. Shoham (Michigan Court of Appeals, August 7, 2018).

Mark has written extensively on the subject of legal duties, rights, and obligations in the context of shareholding, partnership, and other fiduciary relationships. The Michigan Bar Journal published his writings on these subjects in 2012, 2008, and 2007.

 

Business Formation, Transactions, and Contracts

In addition to representing our clients with the various transactions that arise from time to time in the life of a business, we also provide top flight corporate governance services, which include maintenance of an electronic corporate book, conducting meetings and keeping minutes, ensuring notices and votes are done correctly, and otherwise protecting the officers, directors and managers of companies from the liability and exposure that arises in connection with the performance of their duties. All too often, we have clients come to us where these aspects of business have been entirely ignored or mishandled. Managing the company in accordance with the statutes and keeping the correct corporate records is essential, both in terms of running the internal operations of the business and, most importantly, avoiding the litigation that is triggered by substandard corporate governance.

We have extensive experience handling the following types of business transactions:

  • Business incorporation and formation
  • Corporate governance
  • Company By-Laws
  • Shareholder, membership, and partnership agreements
  • Operating Agreements
  • Employment and independent contractor agreements
  • Warranties and liability limitations
  • Employee handbooks
  • Intellectual property protections
  • Buy-Sell agreements
  • Stock Options
  • Real estate transactions
  • Severance agreements

Intellectual Property Litigation and Counseling

The firm also has substantial experience in patent, trademark, trade secret, and copyright litigation.

Banking and Special Assets Litigation

The firm has extensive experience in banking and special assets litigation. Mark has successfully litigated over 100 commercial special assets cases over the years. He utilizes unique and aggressive motion practice and collections strategies to move these cases toward resolution as expeditiously as possible. He has extensive experience in foreclosure by advertisement and judicial action and is expert in clearing complicated title defects. On November 19, 2015, the Michigan Court of Appeals affirmed a nearly $1 million judgment that Mark obtained at trial on behalf of a financial institution after 5 years of litigation. Sterling Bank & Trust F.S.B. v. SC Southfield. On November 30, 2015, the Court of Appeals affirmed a summary disposition dismissal that Mark achieved for his client in a lender liability case. Younce v. JP Morgan Chase Bank.

Family Law; Custody and Divorce

The firm expertly handles a variety of family law matters. Mark has an exemplary track record of resolving such cases early, and short of trial, through facilitative mediation, helping to minimize the financial and emotional impact that such cases have on a family. In 2018, Mark was selected by his peers for inclusion as a Top Lawyer in DBusiness for family law.

Class Actions

The firm also specializes in class action litigation.