Litigation

• Lead counsel for the world’s largest operator of renewable energy projects in multi-jurisdictional litigation involving $120 million, 150MW wind farm in Michigan’s Thumb region. Representation included defense of multiple lawsuits filed by activist groups and municipal authorities seeking to prevent completion of the project, as well as prosecution of lawsuits to reverse township’s revocation of special land use permit and to reverse airport zoning authority’s denial of variance for 33 wind turbines. Representation at trial and appellate levels resulted in successful construction and commissioning of project and the delivery of sufficient electricity to power 70,000 homes.
• Lead counsel for industrial services provider in lawsuit against steel company for final payment on contract to provide chemical cleaning services in connection with construction of steel mill. Representation involved successful disposition, on summary judgment, of owner’s counterclaims and resulted in judgment for full amount of plaintiff’s claim, as well as interest and attorneys’ fees pursuant to the contract.
• Lead counsel for bank in lawsuit against corporation and guarantors of the bank’s secured debt. Representation resulted in summary judgment on guarantor’s counterclaims for breach of fiduciary duty, fraud and negligence, followed by judgment in full value of bank’s claims, including interest and attorneys’ fees.
• Lead counsel for health system in litigation involving covenant not to compete, resulting in dismissal of competitor’s lawsuit for breach of contract, misappropriation of trade secrets and request for preliminary and permanent injunctive relief after evidentiary hearing.
• Lead counsel for chemical manufacturer in litigation with raw material supplier involving supplier’s attempt to terminate $80 million, 25-year supply agreement through invocation of force majeure.
• Lead counsel for chemical manufacturer in litigation with logistics supplier involving contamination of tanks at customer’s terminal. Representation resulted in successful resolution of case at mediation.

Bankruptcy / Workouts

• Counsel for IndyCar driver (and Indianapolis 500 winner) in enforcement of contract with – and resulting judgment against – former team owner. Representation resulted in successful restructuring of judgment-debtor’s obligations to secure payment in full of arbitration award and ensuing federal court judgment, including accrued interest and actual attorneys’ fees.
• Bankruptcy counsel for condemning authority in Chapter 11 proceeding of Boyce Hydro, LLC, following breaches of the Edenville Dam and Sanford Dam near Midland, Michigan. Representation included successful acquisition by condemnation of dam property to begin process of reconstruction and restoration of four reservoirs.
• Lead counsel for construction equipment supplier in preference and fraudulent conveyance litigation filed by liquidating agent of multiple related Chapter 11 debtors alleging that years’ worth of intercompany transfers were fraudulent conveyances. Representation involved extensive discovery into debtors’ accounting and cash management practices, and ultimately resulted in summary judgment in client’s favor all but a nominal amount in controversy.
• Lead counsel for committee of unsecured creditors in Chapter 11 case involving large-scale boring mill and tool builder. Successfully negotiated a reorganization plan providing for sale of property, refinancing of secured notes and leases and payment to unsecured creditors in full over term of reorganization plan.