Business Litigation

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Experience

Experience

Successful Defense of Lanham Act Claim

Obtained dismissal of counterclaim for Lanham Act unfair competition on motion to dismiss in the Eastern District of Michigan. Defendant asserted counterclaim alleging Lanham Act unfair competition under a novel theory of trademark misuse where trademark owner enforced trademark rights against alleged infringer by sending cease-and-desist letters to alleged infringer’s retail sellers. 

Joseph Barber

Lanham Act Claim Dismissed for Lack of Personal Jurisdiction

Obtained immediate dismissal of lawsuit in District of Minnesota for lack of personal jurisdiction asserting Lanham Act unfair competition, tortious interference with business relations and contract, unlawful trade practices, and deceptive trade practices.

Joseph Barber

TROs in Unfair Competition Cases Lead to Favorable Settlements

Obtained several temporary restraining orders against employees of client that breached their restrictive covenants by working for competitors and misappropriating client lists and leads. In each case, the temporary restraining order quickly led to a favorable settlement.

Joseph Barber

Lead Counsel in High-Stakes Litigation Matters

Lead counsel for global logistics provider in several complex, high-stakes litigation matters, both in arbitration and in federal/state courts nationally. 

Patrick M. McCarthy

Successful Defense of Defamation Claim

Successfully defended client against claims of defamation after three day bench trial in the Northern District of Illinois.

Joseph Barber

Successful Defense of Mobile Gaming Company and Award of $450,000 in Attorneys' Fees and Costs

Successfully defended large mobile gaming company in action claiming over $9.2MM in damages for alleged breach of written contract, unjust enrichment, breach of good faith covenant, and interference arising from a written contract with the plaintiff for procurement of a data center location.  After a three-day arbitration hearing, obtained a complete defense award as well as an award of over $450,000 in attorneys’ fees and costs.  

L. Christopher Rose

Successfully Represented Tenant by Settling Real Estate Dispute regarding Lease and Purchase Option

Successfully defended two companies in an action filed by landlord to terminate a commercial lease and purchase option agreement. After filing counterclaims and engaging in strategic discovery and depositions that exposed the landlord and its principal to liability for punitive damages, successfully negotiated settlement for client to purchase property at below fair market value with landlord paying nearly $200,000 of clients' attorneys' fees and costs.   

L. Christopher Rose

Jury Awards Defense Verdict

Lead jury trial counsel in Oakland County Circuit Business Court and obtained favorable verdict for the defendant in a breach of contract action concerning an alleged $1.2MM machine purchase agreement.

Stephen P. Dunn

Summary Disposition Granted in Contentious Business Dispute in favor of General Contractor

Lead counsel for a general contractor in a contentious dispute brought by a subcontractor in the Macomb County Circuit Business Court concerning the construction of a new senior assisted living facility. Achieved summary disposition of all of the plaintiff subcontractor’s claims, which was affirmed by the Michigan Court of Appeals.

Stephen P. Dunn

Summary Judgment Granted in Wage & Hour and Unpaid Overtime Dispute

Summary judgment granted in favor of logistics provider client on all claims brought in federal court by two former employees who alleged wage & hour and unpaid overtime, which was affirmed by the U.S. Court of Appeals for the Sixth Circuit. 

Stephen P. Dunn