Overview

In his 35 years of practice, there is little that Michael has not seen and done. Michael has tried numerous cases in state and federal courts and in arbitrations. The breadth and depth of his experience is not limited to litigating disputes. He also serves as a strategic adviser and outside general counsel to clients and assists them in managing risk and avoiding disputes. Michael has worked with clients across multiple and varied industries and prides himself on his judgment, skill, pragmatism, and commitment to their success.

Michael has represented a wide variety of clients in complex litigation, non-litigated dispute resolution, and strategic counseling for more than thirty years. In the real estate industry, Michael represents both publicly traded and privately held clients in all types of matters, including strategic advice and counseling, landlord-tenant disputes and follow on litigation, negotiation of receiver orders and defense of lawsuits to appoint receivers, defense of commercial mortgage foreclosure actions, negotiation and drafting of deeds in lieu of foreclosure, strategic advice related to loan documents and alleged defaults, and advice specific to CMBS loans and collateral issues.

Michael has represented clients in the medical device, automotive, wireless communication, and oil industries, and in various other manufacturing and commercial industries. His representation of these companies and individuals has included litigation that is commercial and business, employment, product liability, intellectual property, and appellate in nature. He practices in and has tried cases in both state and federal courts and has also handled arbitrations. Michael has conducted a wide variety of evidentiary hearings, including preliminary injunction hearings in cases seeking to enforce restrictive employment covenants, and has briefed and argued federal and state court appeals.

Credentials

Admissions

  • State of Illinois
  • State of Indiana
  • U.S. District Court - Northern District of Indiana
  • U.S. Court of Appeals - 4th Circuit
  • U.S. Court of Appeals - 7th Circuit
  • U.S. Court of Appeals - 9th Circuit

Education

  • Northwestern University Pritzker School of Law, J.D., cum laude, 1988
  • Bucknell University, B.S.B.A., magna cum laude, 1985

Experience

  • Representing various borrowers in foreclosure and receiver actions related to commercial real estate properties.
  • Represented commercial real estate borrower and joint venture partner in litigation brought by joint venture partner against borrower and lender.
  • 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 BFKN prevailed on all counts.
  • Petroleum Traders Corp. v. Baltimore County, et al., No.1:06-CV-00444 BEL (D. Md.). As lead trial attorney, 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.
  • Petroleum Traders Corp. v. State of North Carolina, et al., No. 06 CV 008116. Served as lead trial attorney in a lawsuit for damages arising from a breach of contract.
  • In Re: Appeal of Petroleum Traders, Case No. 2006-8 (S.C. Procure. Rev. Panel, Jan. 27, 2007). Lead trial attorney for Petroleum Traders Corp. in an objection to the South Carolina Procurement Review Panel.
  • Thompson v. Goetzman, 315 F.3d 457 (5th Cir. 2002); 337 F.3d 489 (5th Cir. 2003). Represented prevailing party in appeal to United States Court of Appeals for the Fifth Circuit.
  • 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.

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