Michael S. Elvin

Michael has represented clients in complex litigation and government contracting matters for more than thirty years. Michael represents clients in all types of litigation, including commercial and business litigation, employment litigation, product liability litigation, multi-district litigation, and appellate litigation. He practices in both state and federal courts; has tried cases in both state and federal courts and in arbitrations; has conducted preliminary injunction hearings in cases seeking to enforce restrictive employment covenants; and has briefed and argued federal and state court appeals. His clients have included a large medical device company, a fuel wholesaler, various manufacturing companies and real estate developers.

Michael also has extensive experience in the area municipal and state procurement law and has represented clients in disputes regarding bid protests, debarment proceedings, contract compliance issues, and investigations regarding compliance with minority and women-owned business programs.

Representative Matters

• Varex Imaging Corporation v. Richardson Electronics, Ltd., Case No. 1:18-cv-06911 (N.D. Ill). Lead counsel in currently pending patent infringement matter.
• JJM Sunrise Automotive, LLC d/b/a Lynbrook Audi v. Volkswagen Group of America, Inc. d/b/a Audi of America, Inc., Case No. 601658/2014 (N.Y. Sup. Ct.) Defended Audi in a dealer’s suit for breach of contract and for statutory violations related to the allocation of motor vehicles. The claims were heard as part of a three week bench trial. Judgment was entered in Audi’s favor on the dealer’s claims.
• Represented a global medical device manufacturer in royalty licensing disputes in which the Plaintiffs sought nine figures in royalties. The matters involved complex contract and intellectual property issues. They proceeded to multi-week arbitrations, where Barack Ferrazzano prevailed on all counts.
• Lead trial lawyer in Petroleum Traders Corp. v. Baltimore County, et al., No.1:06-CV-00444 BEL (D. Md.). Obtained jury verdict exceeding $750,000 for largest pure wholesale fuel distributor in the country in breach of contract action. The jury award included the full amount of damages sought plus lost profits and prejudgment interest.
• Lead trial lawyer in Petroleum Traders Corp. v. State of North Carolina, et al., No. 06 CV 008116, a lawsuit for damages arising from a breach of contract.
• Lead trial lawyer for Petroleum Traders Corp. in an objection to the South Carolina Procurement Review Panel. In Re: Appeal of Petroleum Traders, Case No. 2006-8 (S.C. Procure. Rev. Panel, Jan. 27, 2007).
• Represented prevailing party in appeal to United States Court of Appeals for the Fifth Circuit. Thompson v. Goetzman, 315 F.3d 457 (5th Cir. 2002); 337 F.3d 489 (5th Cir. 2003).
• Represented medical device manufacturer in various products liability matters and before Panel on Multidistrict Litigation. The Panel denied the request for multi-district treatment on two separate occasions.
• Represented petitioner in appeal to the United States Court of Appeals for the Federal Circuit. Sekerak v. Railroad Ret. Board, No. 96-3061, 1996 WL 637246 (Fed. Cir. Nov. 4, 1996).
• Represented mortgage company in litigation involving truth in lending allegations. Talbert v. Home Sav. of America, F.A., 638 N.E.2d 354 (Ill. App. Ct. 1994).
• Represented mortgage company in litigation involving escrow accounts. Aitken v. Fleet Mortgage Corp., No. 90-C-3708, 1992 WL 33926 (N.D. Ill. Feb. 12, 1992).

Activities & Honors

• Member, Allen County Bar Association
• Member, American Bar Association
• Member, Indiana State Bar Association