Columns

The litigation practice group at the Foster Swift law firm welcomes attorney Danielle N. Romano.   :  

The litigation practice group at the Foster Swift law firm welcomes attorney Danielle N. Romano.

Romano joins the firm’s Southfield office and focuses her practice on a variety of civil litigation areas, including:

• Insurance defense litigation
• General liability matters
• First-party No-Fault
• Third-party auto negligence
• Michigan Assigned Claims Plan (MACP) Servicing Insurer Defense

Romano earned her B.A. in Political Theory and Constitutional Democracy from Michigan State University in 2018 and graduated with her law degree from Wayne State University Law School in 2022.

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Foley, Baron, Metzger, & Juip PLLC (FBMJ) is pleased to announce that M. Hussein Houjaij has joined the firm as a new associate attorney. Richard Baron, member, made the announcement.

Houjaij’s practice will focus on environmental, toxic tort, mass tort and products liability litigation, as well as permitting and compliance with environmental regulations, and defending against alleged violations of environmental regulations.

Before joining FBMJ, Houjaij gained experience at two Michigan law firms where he specialized in legal services to small and medium-sized businesses, advising clients through all phases of commercial litigation, arbitration, and contract negotiations. As an assistant prosecutor in the Wayne County Prosecutor’s Office, he represented Michigan’s largest county in juvenile delinquency cases as first chair counsel for all trials.

Houjaij earned his law degree from Wayne State University Law School in 2019 and his Bachelor of Arts in Communications in 2016.

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DBusiness magazine named Brian McKeen, founder and managing partner of McKeen & Associates PC, to its Top Lawyers 2023 list in the categories of Medical Malpractice and Personal Injury. Further, McKeen & Associates was named a Best Law Firm for 2023 through Best Lawyers.

Based in Detroit, McKeen & Associates PC represents individuals injured by the negligence of others particularly in or by hospitals and physicians.

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Bodman PLC is pleased to announce that Julie E. Nichols has joined the firm as pro bono counsel, based in Troy.

In conjunction with the Pro Bono Committee, Nichols will coordinate all aspects of the firm’s pro bono program and manage the firm’s relationships with numerous legal clinics and referring organizations. She has experience representing pro bono clients and coordinating the activities of volunteer pro bono counsel.

Before joining Bodman, Nichols worked for seven years as a supervising attorney and pro bono manager with Legal Services of Eastern Michigan where she handled all manner of civil cases, assisted clients, prepared pleadings and court documents, supervised outside attorneys, and coordinated civil cases with the private bar. She also spent many years in private practice, most recently as a partner in the Insurance Coverage Group of a Michigan-based business law firm.

Nichols is a graduate of Wayne State University Law School. She also earned a Master’s degree from Wayne State University and received her undergraduate degree from The University of Michigan.

Nichols served as a law clerk to U.S. Court of Appeals Judge Cornelia G. Kennedy and to Michigan Supreme Court Justice Patricia Boyle.

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Plunkett Cooney’s director of Diversity, Equity & Inclusion (DEI), Laurel F. McGiffert, was recently named by Crain’s Detroit Business as one of their 2023 Notable Leaders in DEI.
Crain’s Detroit Business selected McGiffert and the other honorees for spearheading their organization’s DEI efforts, including coordinating discussions, implementing creative and effective training and focusing on equity and justice in the community.

McGiffert was appointed the firm’s first director of Diversity, Equity & Inclusion in 2018 by Plunkett Cooney President & CEO Thomas P. Vincent. She is responsible for helping create a more diverse and inclusive workforce at the firm. The firm’s efforts include, but are not limited to, recruiting and hiring of more diverse candidates, and implementing strategies to retain our talented professionals and support staff.

McGiffert, who graduated from Vassar College in 1970 and Wayne State University Law School in 1980, joined the firm in 1989 and became a partner in 1991. Prior to undertaking her current role, her nearly 40-year legal career included the defense of clients in civil litigation involving employment law, medical malpractice, municipal liability and general liability.

A member of the firm’s Medical Litigation, Employment Law, and Governmental Law practice groups, McGiffert remains active in various bar and professional organizations, including the State Bar of Michigan, the American Board of Trial Advocates and the Wolverine, Detroit and Oakland County bar associations. She also serves as a member of the board of directors for the Power Company Kids Club. Having recently served nine years on the board of directors of the Oakland Mediation Center (OMC), McGiffert was recently elected to OMC’s Advisory Board.

McGiffert is the recipient of numerous accolades, including the 2017 Earl J. Cline/Sherwin Schreier Award for Excellence from the Negligence Law Section of the State Bar of Michigan and the 2012 Respected Advocate Award from the Michigan Association for Justice. McGiffert is an AV-preeminent rated attorney by Martindale-Hubbell, and she has been named for multiple years as a Best Lawyer in America, a Michigan Super Lawyer and a Dbusiness magazine Top Lawyer. Crain’s Detroit Business named McGiffert to its 2017 list of Notable Women in the Law in Michigan, and she received “Hall of Fame” and “Women in the Law” honors from Michigan Lawyers Weekly in 2021 and 2015, respectively. She was also named one of the “2022 Most Influential Black Lawyers” by Savoy magazine.

In addition, Plunkett Cooney insurance coverage attorney Elaine M. Pohl is serving as program chair of the annual “Insurance Coverage and Practice Symposium” (ICPS) – the flagship conference sponsored by the Insurance Law Committee of DRI, Lawyers Representing Business.™

The ICPS, which takes place on Nov. 29 – Dec. 1 at the Sheraton New York Times Square Hotel, will feature faculty members from across the country who will address the biggest insurance coverage challenges and opportunities facing the insurance industry. Pohl will be joined by Plunkett Cooney’s Insurance Coverage Practice Group Co-leader Charles W. Browning who will present a Dec. 1 session titled “PFAS Claims: Are These ‘Forever Chemicals’ The New Asbestos?”

“I am honored to serve as the ICPS program chair,” said Pohl, who is a partner in the Bloomfield Hills office of Plunkett Cooney.  “I have worked with the Insurance Law committee leadership for years to put on this popular and prestigious national conference, and to now serve as chair is humbling and exciting.”

In her role as chair, Pohl is responsible for coordinating the symposium, including selecting and confirming topics and speakers, managing networking opportunities, overseeing marketing and serving as host for the event.

Pohl maintains a national practice counseling insurers in complex property and casualty disputes, including litigated and non-litigated matters. Her insurance coverage experience extends to claims involving professional liability, construction defects, bodily injuries, product liability, environmental contamination, personal and advertising injury issues, first-party property disputes and allegations of bad faith.

A graduate from the Indiana University School of Law in 1999, Pohl received her undergraduate degree from Villanova University in 1996. She is admitted to practice law in state and federal courts in Michigan, Indiana, and Ohio. In addition to DRI, Pohl is a member of the State Bar of Michigan (past chair of the Insurance and Indemnity Law Section).

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The Dobrusin Law Firm is pleased to announce that Founding Shareholder Eric Dobrusin has been elected chair-elect of the Board of Trustees of Common Ground, an organization
dedicated to providing crucial crisis support services. He is slated to assume the role of chair in 2025.

Dobrusin has been involved with Common Ground for many years, recognizing the invaluable services and resources it provides to the community.

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McDonald Hopkins has continued its commitment to safeguarding clients’ digital assets and sensitive information by attracting new talent to its Data Privacy and Cybersecurity Practice Group with the hiring of Aysha F. Allos as a new associate.

Allos focuses her practice on advising companies in a wide variety of industries on best practices for preventing and responding to data privacy and cybersecurity incidents. This includes guidance on incident response, data breach notification, regulatory investigations, and data privacy and cybersecurity litigation, including class action litigation.

Allos also has experience providing privacy and cybersecurity-related diligence for mergers and acquisitions and advice related to the buying, selling and licensing of data. Allos regularly collaborates with cross-functional teams, including IT, risk management, and compliance departments, to ensure alignment and effective implementation of proactive privacy and cybersecurity measures. She has specific expertise in the area where data protection meets intellectual property, with a focus on the complex and evolving laws and regulations that govern data transmitted and stored in computers.

Allos is based out of McDonald Hopkins’ Detroit office.

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Varnum received 62 metropolitan rankings spanning practice areas and markets in the latest edition of Best Law Firms® published by Best Lawyers®.  

Varnum’s local rankings for 2024 include:

TROY
Tier 1: Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
Tier 1: Tax Law
Tier 1: Trusts and Estates Law
Tier 1: Litigation – Tax
Tier 2: Litigation – Trusts & Estates

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Michigan Lawyers Weekly has recognized Jones Day partner Emily Tait by including her in its 2023 class of “Leaders in the Law.”

Tait, who is based in the firm’s Detroit office and a member of the Intellectual Property Practice, develops IP protection, enforcement, and risk management strategies related to trade secrets, data, copyrights, patents, and trademarks. Her practice is also focused on generative artificial intelligence (GenAI), particularly IP issues arising from the use of GenAI tools.  Tait’s matters span diverse industries and technologies, including autonomous and automated systems, simulation software, electric vehicles, life sciences and health care tech, mobility, fintech, and consumer products.

Tait is active in Michigan’s legal community and co-founded and previously served as president of the Michigan Intellectual Property Inn of Court. She provides pro bono services to Michigan-based veterans, the firm’s Anti-Human Trafficking Initiative and Laredo Project, and cultural institutions and creativity-based nonprofits requiring IP assistance. She mentors and supports junior lawyers and in particular women and underrepresented minorities in the legal profession. As the Diversity, Equity, and Inclusion (DEI) chair for the Detroit office, Tait is active on the firm’s global diversity committee and works to bring attention to related initiatives in Detroit.

Tait has been named among the “WTR 1,000” (World Trademark Review) and “Notable Women Lawyers” by Crain’s Detroit Business.

In addition, Crain’s Detroit Business has named Ann Hollenbeck, partner-in-charge of the Detroit office, among the publication’s “Notable Leaders in DEI” for 2023.

As partner-in-charge, Hollenbeck has championed DEI by leading the Detroit office with an intentional approach to recruiting, training, mentorship and advancement, summer program activities, and pro bono services. She recently moderated a live fireside chat with groundbreaking Michigan leaders on shattering barriers in their professions, managing change, and developing resiliency in the face of significant challenges.

Hollenbeck is a partner in the Health Care & Life Science Practice and focuses on advising clients in the sector on digital health, artificial intelligence, human subjects research, organ transplant, pharmacy/340B, and fraud and abuse matters. She also represents health care, life sciences, and technology companies in transactional matters such as joint ventures and co-management arrangements. She regularly advises these entities with regard to the negotiation of clinical trial-related agreements, including virtual clinical trials, in addition to related regulatory matters, such as Medicare reimbursement and institutional review board responsibilities.

In the community, Hollenbeck serves on the Board of Directors and the Audit and Finance Committee of Gift of Life Michigan, which coordinates organ procurement and transplant for Michigan residents. She also serves on the Board of Directors of Ele’s Place, which provides peer support grief programs to children. Both are nonprofit organizations that serve the general public, including those who lack resources to otherwise access services.

In addition to this distinction, Hollenbeck was recently named a Michigan Lawyers Weekly: Leaders in the Law honoree.

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Taft Detroit attorney Kimberly Ross Clayson was named a Michigan Lawyers Weekly Leaders in the Law 2023.

Clayson is an attorney in Taft’s Bankruptcy and Restructuring practice group.  She serves a diverse client portfolio in the areas of insolvency law, creditors’ rights, business law and health law. She provides counsel to operating businesses as well as to creditors of financially distressed businesses and individuals.

Clayson has experience restructuring business debtors and representing Chapter 7 trustees in fraud investigations and bankruptcy litigation.  She was appointed and presently serves as one of only five Subchapter V Trustees in the Eastern District of Michigan under the Small business Reorganization Act of 2019.

In addition, 17 attorneys in Taft’s Detroit office were named to DBusiness magazine 2024 Top Lawyers. Following are the Taft honorees:

Jeremy Bisdorf (Intellectual Property and Patent Law)
Jordan Bolton (Litigation – Commercial)
Kenneth Clarkson (Real Estate Law)
Mark Cooper (Insurance Law)
Paul Hage (Bankruptcy and Creditor/Debtor Rights Law)
Ethan Holtz (Litigation – Commercial)
Shirley Kaigler (Trusts and Estates)
Lee Kellert (Mergers and Acquisitions Law)
Mark Kowalsky (Securities Law)
Eli Maroko (Immigration Law)
Christopher Moceri (Mergers & Acquisitions Law)
Mark Rubenfire (Real Estate Law)
Aaron Sherbin (Trust and Estates)
William Sider (Tax Law)
Arthur Siegal (Environmental Law)
David Steinberg (Franchise Law)
Arthur Weiss (Tax Law)

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Meghan Kennedy Riordan was recently honored with the designation of Leader in the Law by Michigan Lawyer’s Weekly.

Riordan heads Kitch’s Immigration Law Practice Group. She has more than 32 years of experience in all aspects of immigration law.  She has experience in both employment-based and family related immigration law, issues of inadmissibility and removability, and naturalization/citizenship, as well as inbound/outbound corporate migration, immigration-related audits and I-9 compliance training. She is also licensed by the Law Society of Upper Canada as a Foreign Legal Consultant to provide services in Ontario.

Riordan has provided pro bono services to many Michigan organizations some of which include the Pope Francis Center and OLGC PBJ Ministry. She has also provided her services to many Irish organizations including the Irish Network Detroit, where she is currently serving as president of the organization.

The achievements of several other Kitch attorneys were also recently recognized at the 19th Annual Dennis W. Archer Public Service Award Gala. Marcy Tayler was inducted into the Detroit Bar Association’s Class of 2023 Fellows.

Additionally, Kaitlyn Elias, Joslyn Iafrate, Carina Kraatz, and John Sier were recognized with Pro Bono Awards. Pro Bono awardees are members who contributed 30 hours of pro bono work this year by volunteering for the Detroit Legal Services Clinic or one of the many pro bono opportunities presented by the Detroit Bar Association.

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Collins Einhorn Farrell PC is pleased to announce that ten of our colleagues have been named to the 2024 “Top Lawyers” list by DBusiness magazine:

David C. Anderson, Legal Malpractice Law
Joshua I. Arnkoff, Professional Malpractice Law
Theresa M. Asoklis, Legal Malpractice Law
Donald D. Campbell, Legal Malpractice Law
Michael J. Cook, Appellate Law
Clayton F. Farrell, Product Liability
James J. Hunter, Litigation – Commercial
Deborah A. Lujan, Professional Malpractice
Michael J. Sullivan, Legal Malpractice Law, Product Liability
Nicole E. Wilinski, Insurance Law

Because facilitative mediation has been demonstrably successful in resolving disputes, many courts presiding over civil claims are referring cases to mediators, even as early as at the first scheduling conference, after the pleadings are filed but befo :  

By William D. Gilbride Jr.

Because facilitative mediation has been demonstrably successful in resolving disputes, many courts presiding over civil claims are referring cases to mediators, even as early as at the first scheduling conference, after the pleadings are filed but before discovery. This phenomenon is different from the historical model where, after the completion of discovery, while motions to dismiss were pending or the case was “ready for trial,” the courts would order the parties to a settlement conference or refer them to a mediator to assist the now “fully informed” parties in settling their differences. As we are in the midst of these changes, this article will address some of my own experiences representing clients in mediating civil cases early on in the life of the litigated case. I include some of my own do’s and don’ts, developed over years of experience.

Joint Sessions. Always agree to a joint session at the outset of the mediation and/or during the process; the earlier in the process, the better. Curiously, many counsel and parties resist this advice because it will be “uncomfortable” for the parties to be together in one room. No doubt, it can be uncomfortable; but being together with counsel during a joint session is no more uncomfortable than it will be in a party deposition or when they (someday) get to court. So, they may as well appreciate the reality of being a party in a litigated case. Unlike social media, court proceedings likely involve actual face-to-face confrontations, so the joint session, and all the anxiety that goes with it are just a part of the process. I’ve also observed that in most cases requiring a joint session puts the parties on their best behavior. Prior to the litigation, the parties were more than likely in some form of relationship, be it familial, contractual, as partners, principal and agent, buyer and seller or landlord and tenant, to name a few. Sometimes that historical context, revisited during a joint session, eases the tensions involved and puts context on the narrower issues in dispute. Also, mediators receive training on how to handle difficult clients and tense situations, so a credentialed mediator should be able to diffuse and manage problems if they arise.

Let Your Client Speak. For counsel, there is much to be learned in a joint session, especially if rule number two is followed:  make your clients do the talking. All too often, mediations fall flat because the lawyers do all the talking, and the clients sit tight with lips sealed by their attorney’s order. The benefits of having the parties speak for themselves are legion. We all understand that people learn from hearing themselves speak, so what better forum for that than in a private, confidential mediation conference? The sound of their own story will resonate in both its strengths and in its weaknesses; the same is of course true for the opposite side of the dispute:  hearing from their opponent and having to articulate their own position is often beneficial. Like juries, most people are fairly good judges of the truth, and can assess for themselves whether their story will be believed, especially when confronted with the opposite view. And, as lawyers know, if the case gets to trial, they will need to testify, so why not get a confidential preview of that in an early facilitation.

Some Other Perspectives. Naysayers will complain this process may reveal strategies and case theories; but this concern is shortsighted because  the facts of the case will come out in discovery, anyway, so why not get them on the table early on before incurring the costs associated with formal discovery. Speaking of discovery, all counsel will get a lot of discovery just by participating in the mediation, listening to the parties and outlining the information which should be pursued to prepare the case for trial if the mediation does not yield a resolution. And since less than one percent of all complaints result in a judgment or verdict entered as a result of a trial, this may be your client’s only experience akin to their “day in court.” The joint session at least forces the other side to hear them.

Once the joint session is concluded, it is time for the more typical facilitative efforts, and those are more commonly understood and anticipated; we are all familiar with shuttling offers back and forth, adding and removing requirements and similar negotiation tactics, all of which are remnants of a settlement conference, so I will not belabor those considerations in this article. But on this subject, here is another piece of practical advice.

Final Offers. Frequently, one side will proclaim that their next offer is their “best and final.” Suddenly, counsel and the parties in one room begin packing their bags and prepare to leave. As lawyers and advocates, we understand the import of that strategy and we frequently see it in negotiations. It may be an appropriate move in many cases, but often it comes too soon and is ill-advised without first discussing it with the mediator for several reasons. First, if you are perceived by your opponent as serious, you may have just missed an opportunity to discover their bottom line. (They are packing their bags instead of making you another offer.) Second, most negotiators will not believe you. Would you and your client actually decline an offer just $10 above or below your announced “best and final” offer? Worst of all is making the announcement without first consulting your mediator.

Strategy Conference with Your Mediator. If you decide to proceed with a last best offer, reserve a moment or two with the mediator before actually leaving. There are occasions where the threat actually works, and you do not want to miss the opportunity to walk out with a signed agreement or MOU that day because you left before the mediator communicated their acceptance. Worst case scenario, your opponents are offended, they dig in their heals even harder, and any progress made towards a resolution is lost. I recommend that you allow the mediator one last chance to counsel with the parties before you actually leave.

A seasoned mediator can help you explore your strategy by asking you questions, such as:  “Are you actually at your monetary limit or have you and your client just reached your endurance limit for incremental moves by your opponents?” If there is still room left, the mediator may suggest a variety of moves for you to consider, from calling for an attorneys-only caucus to explore alternative moves to keep the negotiations alive, or they may suggest something as simple as honestly telling the other side you would like to resolve this matter today, but you and your client are frustrated by the pace of the negotiations and your client wants to stop negotiating. Then, make the impasse the problem by asking your opponent, “What can your side do to speed up the process so we don’t lose momentum?” You may get nothing or you may get a move which surprises you and leads to further discussion. But whatever you do, give the mediator a few more minutes before you depart from the conference room or the Zoom breakout room.

Sometimes, good things happen to those who wait.
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William D. Gilbride Jr. is a business attorney and seasoned litigator who has tried many cases in state and federal courts over business, contract, real estate and other matters.  Gilbride joined Abbott Nicholson in 1989 and is a former shareholder and managing partner of the firm.  He has conducted arbitrations, mediations and facilitations with the American Arbitration Association and using private arbitrators/facilitators. Gilbride is a Fellow of the Michigan State Bar Foundation and the Detroit Metropolitan Bar Association. He also is a SCAO Supreme Court approved civil mediator and was inducted as a member of the American Board of Trial Advocates (ABOTA).  His law degree is from the University of Detroit and bachelor’s degree from the University of Michigan.

Recently, I was preparing for a personal injury jury trial for a client who suffered serious injuries when he fell through a step while descending a staircase in an apartment complex. :  

By A. Vince Colella

Recently, I was preparing for a personal injury jury trial for a client who suffered serious injuries when he fell through a step while descending a staircase in an apartment complex. In anticipation of trial, defense counsel filed its motions in limine, including a motion seeking to preclude the use of “Reptile” strategies and techniques. The defense likened these strategies to the “Golden Rule,” i.e., asking jurors to place themselves in the position of the plaintiff, uniformly precluded by courts as prejudicial and inadmissible. However, I had never read or studied the Reptilian method of trial advocacy. Thus, I was a bit perplexed by the notion that I should be enjoined from using a trial strategy that I knew nothing about.  
In preparing a response, I learned through research that the Reptile Theory focuses on safety and security issues to subtly encourage jurors to envision themselves in the same situation as a plaintiff.

The method is based upon a neuroscientific theory developed in the 1960s called the “Triune Brain.” This theory explains how the brain responds to threats, challenges, and change. In trial practice, the theory is believed to show that engaging the most primal part of a juror’s mind provokes the feeling that if a defendant’s actions are allowed to continue, then the community (and even the jury itself) may be in danger.

Before the Reptile Theory, blatant attempts to violate the Golden Rule when addressing a jury would almost inevitably lead to a mistrial.  However, the Reptile Theory was touted by its creators, ex-theater director, David Ball and plaintiff attorney, Don Kennan, to enable attorneys to sidestep the Golden Rule, while making a similar impression on jurors.

Recently, defense attorneys have been filing motions in limine to preclude the use of Reptilian techniques. However, these motions are usually denied because defense attorneys have a difficult time articulating what it is that they wish to exclude. Michigan courts have been relatively reticent in granting motions to exclude Reptile tactics because defense attorneys are unable to specifically explain how these tactics may inflame or improperly influence the jury.  Prophylactically precluding Reptilian methods has been generally viewed as premature and speculative in nature. Opting instead to reserve the right to make the appropriate evidentiary rulings during trial. Prudently, Michigan courts seem to follow a trend of waiting to see if the plaintiff’s counsel runs afoul of the Golden Rule in an effort to appeal to juror’s subjective judgments about their own best interests and the best interests of the community at large. Most courts seem to be satisfied with the idea that jurors are presumed to follow their instructions, which are designed to cure most errors that occur at trial.

Interestingly, like any “proven” trial strategy, the Reptile Theory is certainly not a one-size fits all.  Researchers have found that the strategy is predicated on the idea that humans are innately selfish. Subconsciously asking, “how does this affect me?” However, researchers have pointed out that humans have evolved from prehistoric mindsets and are more reliant on the parts of our brain that govern logic and reasoning (a distinction that separates us from all other species.)

One of the strategies for countering the Reptile approach is to invoke the “rational” area of the juror’s brain to counterbalance a juror’s emotions. Reptilian tacticians strive to simplify a case in order to magnify or draw attention to the defendant’s “bad behavior.”  However, critics of the method recognize that most cases are more complex than the plaintiff would have jurors believe.  Rather than hide from complexities, defense attorneys are encouraged to rationally explain the case to jurors in the form of a story.  Of course, it is not suggested that the defense chase every fact down the proverbial “rabbit hole,” but rather illustrate the areas in which the plaintiff embellished, downplayed or ran rough shot over the “facts” of the case. This is believed to re-focus the jury on the objective evidence and take the emphasis off the defendant’s actions and conduct.

Finally, the irony of the attacks on Reptile strategy are not lost on this writer. Sure, plaintiff attorneys strive to shift the focus of the case onto the choices, behavior and attitudes of the defendants - which may ignite an innate sense of self-protection in jurors. However, all too often, plaintiff attorneys face the challenges of outside influences that are either subtly introduced by the defense or embedded in the self-consciousness of the jurors. For example, the mention of insurance. While it is not permitted (and likely will result in a mistrial if introduced intentionally), the ability of an individual to pay a verdict of judgment remains a question in the minds of the jury.  In other cases, jurors are subtly reminded of the effect a verdict will have on them personally, i.e., a verdict against a city or county for which they live may result in a rise in taxes. Allowing or fostering these misconceptions has always permeated jury trials and will continue to leave plaintiffs at a disadvantage—regardless of snakes, alligators, or crocodile neuroscience.
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A. Vince Colella is a co-founder of personal injury and civil rights law firm Moss & Colella.

As demands for a cease fire or a pause in the Hamas-Israeli war keeps growing, I am giving the calls much thought. :  

By Berl Falbaum

As demands for a cease fire or a pause in the Hamas-Israeli war keeps growing, I am giving the calls much thought.

After all, they were coming from about every media institution, from protests around the world and from prominent politicians.

The voices are very clear: It was time for Israel to let up in its military operations and call a “time out,” so to speak.

As I reflected on the actions desired from Israel, an idea kept growing in my head on how this war could be ended and very quickly.

Admittedly, it was a crazy notion which I tried to suppress but it just kept dominating my thinking. I knew it was weird, strange, off the beaten path. I was ashamed of myself for even entertaining such a thought.

This is the first time, in this column, I am going to mention my solution to anyone. I am not confident that my editors will even print this, but I need to get it off my chest.

What if ... what if ... what if ... here goes ... Hamas laid down its arms and freed some 240 hostages it was holding. Suddenly, the war would be over.

The organization would acknowledge that thousands of civilians, including children, are dying needlessly and it was time to end the carnage. It would stop firing missiles into Israel which, at this writing, totals about 9,500 since October 7.

There I said it. What a relief. I am not sure how readers will react. They may send very angry letters to my editors, criticizing my “radical” proposal, that is, if editors publish this column.

With the world pressuring Israel, I know I must be misguided. Sure, Israel suffered the worst massacre of Jews since the Holocaust, that 1,400 Jews were slaughtered, some were beheaded, some burned alive and some, including babies riddled with bullets. But it’s time for Israel to quit playing the victim card.

Thus, it only makes sense that Israel agrees to a cease fire or pause and give those who committed the crime an opportunity to recover from Israel’s response so they might attack the Jewish state again.

Israel might even open safe routes that Hamas can use to rearm itself and make the war more proportional. It just seems so unfair for Israel to have a military advantage. I now finally understand that the U.S. should not have used the A-bombs until the Germans had developed theirs.

I’m not sure why I cannot grasp this logic and accept the political thinking and demands from the world. If it is so clear to Israel critics, I must be missing something.

Worse, I have another proposal, just as absurd, one which would complement Hamas’ giving up its arms and freeing the hostages.

Since I have gone out this far on a limb and since it’s a little late to turn back, I might as well reveal that proposal as well.

Hamas would change its charter which now calls for the destruction of Israel. Instead, it would recognize Israel, commit itself to living in peace next to Israel side-by-side and join efforts to create a two-state solution.

Under this plan, Ghazi Hamad, a member of Hamas’ decision-making political bureau, would retract his statements that his organization would replicate the October 7 attack, repeating it “again and again and again.”

He would disavow the following remark he made in an interview: “The al-Aqsa Flood [the code name for the massacre] is just the first time and there will be a second, a third, a fourth because we have the determination, the resolve, and the capabilities to fight.”

He would express regret for his statements and promise that the slogan “from the river to the sea” which, translated, means Hamas seeks the destruction of Israel, is history.

Those are the two ideas that have consumed my thinking as I hear the endless calls for a cease fire or pause. At the same time, I am puzzled why the world has not made the same demands on Russia after 21 months of an unprovoked war against Ukraine where tens of thousands have been killed, in the wars in Yemen (where 377,000 have died) and Syria (where President Bashar al-Assad has used chemical weapons on his own people, killing children), or in several other conflicts raging around the world.

Setting aside my sarcasm, I will conclude with two questions the critics never answer:

—How can Israel avoid causing civilian casualties when the enemy embeds himself in tunnels under schools, hospitals, homes, and other public venues?

—Why would or should Israel pause in fighting an enemy who proudly remains committed to destroying it by all military methods, including the most barbaric means imaginable?
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Berl Falbaum is a veteran journalist and author of 12 books.

Warner Norcross + Judd LLP recently announced that the firm has moved to new offices in Macomb County at 12900 Hall Road in Sterling Heights.   :  

Warner Norcross + Judd LLP recently announced that the firm has moved to new offices in Macomb County at 12900 Hall Road in Sterling Heights.

The new space provides additional attorney offices and collaborative areas that will enhance the firm’s ability to serve individual clients as well as the growing commercial and industrial businesses in Macomb, the state’s third most-populated county. Warner opened its first Macomb County office in 2006 and is the only major Michigan law firm to have offices in Macomb, Oakland, and Wayne counties.

“Macomb County is a thriving community with consistent population growth, incredible natural resources and a strong, collaborative business sector,” said Matthew K. Casey, executive partner of Warner’s Macomb County office. “Yet the county is underserved by local professional service providers needed to support its growth and industries. Warner’s office is staffed with many lifelong Macomb residents like myself, who are fully invested in the county’s success and know how to get things done.”

Warner’s suite is on the second floor of the Sterling Town Center building and features approximately 20 attorney offices, three private conference rooms and informal gathering spaces to promote collaboration. Enhanced security, cutting-edge technology and convenient parking will help to create an engaging and welcoming atmosphere for attorneys, staff, and clients.  

“This new office is a reflection of Warner’s long-standing commitment to Macomb County and will meet our immediate need for additional offices while keeping us on a strong path forward,” Casey explained. “Macomb County is growing, and Warner is here to help it keep growing and to grow with it. We look forward to welcoming our clients and community into our new space.”

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Attorney Shanel T. Thomas recently joined the Labor and Employment Law Practice Group of Plunkett Cooney.

A member of the firm’s Bloomfield Hills office, Thomas focuses her practice primarily in the area of employment litigation. Her expertise includes the defense of claims of alleged discrimination and harassment, as well as disputes involving wage and hour issues and violations of the Family and Medical Leave and Americans with Disabilities acts, among others.

Thomas, who is admitted to practice in the state and federal courts in Michigan, has experience with medical malpractice and commercial litigation. Her expertise also includes business matters involving governance issues, real estate and tax law, mergers and acquisitions, and complex purchase and buy-sell agreements.

A 2022 graduate of Western Michigan University Cooley Law School, Thomas previously served as a law clerk to the chief judge at the U.S. District Court for the Eastern District of Michigan, the Federal Defender’s Office, and the Washtenaw Public Defenders Office. Thomas, who received her undergraduate degree from Michigan State University in 2019, is also a certified mediator through the state of Michigan.

•            •            •

Matthew J. Lund, a partner in Troutman Pepper’s Business Litigation Practice Group was recently named to Michigan Lawyers Weekly’s Class of 2023 “Leaders in the Law.”

At Troutman Pepper, Lund’s practice principally focuses on prosecuting and defending business disputes across various industry groups, representation of officers and
directors, and environmental litigation. Lund utilizes his litigation and trial experience, along with his commitment to public interest, to handle diverse complex civil litigation matters, including federal securities disputes, high-value contract and business tort claims, as well as federal CERCLA and state law environmental matters.

•            •            •

Kotz Sangster has been recognized in Michigan’s regional-specific areas by U.S. News – Best Law Firms®, ranked by Best Lawyers. Additionally, the firm’s attorneys have been recognized in the 30th Edition of Best Lawyers in America® and the 4th Edition of Best Lawyers: Ones to Watch.

For 2024, the firm is ranked in three Metropolitan Tier Levels and eight areas of law.  

—Regional Tier 1

DETROIT
• Closely Held Companies and Family Businesses Law
• Construction Law
• Litigation – Construction

TROY
• Health Care Law

—Regional Tier 2

DETROIT
• Corporate Law
Kalamazoo
• Family Law

—Regional Tier 3

TROY
• Commercial Litigation
• Litigation – Securities

Furthermore, Best Lawyers in America® announced that 13 attorneys from Kotz Sangster have been recognized in the 30th Edition and are included in the publication’s 2024 publication.  In addition, four attorneys have been honored in the 4th Edition of Best Lawyers: Ones to Watch.

The attorneys being honored in the 2024 publications are:  

—Best Lawyers in America®

R. Edward Boucher - Construction Law; Litigation – Construction
George F. Curran III - Insurance Law
Jovan Dragovic - Health Care Law
Timothy P. Dugan - Construction Law
Mowitt S. Drew III - Family Law
Dennis K. Egan - Commercial Litigation; Litigation – Securities
Walter B. Fisher Jr. - Commercial Litigation
Robert C. Kotz - Closely Held Companies and Family Businesses Law; Corporate Law; Mergers and Acquisitions Law
Jeffrey M. Sangster - Construction Law; Litigation – Construction
Keith J. Soltis - Health Care Law
Jeffrey S. Sternberg - Trusts and Estates
Bethany S. Sweeny - Employment Law – Management; Litigation – Labor and Employment
Gregory L. Wysocki - Closely Held Companies and Family Businesses; Corporate Law

—Best Lawyers: Ones to Watch – 4th Edition

Evan M. Lumley - Construction Law; Commercial Litigation
Bruce A. Margulis - Banking and Finance Law; Corporate Law
Amber D. Peters - Family Law
Tyler P. Phillips - Nonprofit/Charities Law

•            •            •
Personal injury and civil rights law firm Moss & Colella is pleased to announce that firm co-founders David M. Moss and A. Vince Colella have been named 2024 DBusiness Top Lawyers. Both attorneys were selected in the personal injury category and devote 100% of their practice to litigation.

Moss has spent his nearly 40-year legal career entirely devoted to his clients in personal injury law representing victims and their families in a variety of injury cases against insurance companies, national corporations, hospitals, municipalities, and individual defendants.  Moss has successfully argued at the appellate level, both before the Court of Appeals and the Michigan Supreme Court. Moss is sought after by both plaintiff and defense attorneys seeking to retain outside counsel to advocate their cases. He received his law degree from the University of Detroit Mercy School of Law.

For more than two decades, Colella has tried and won cases in state and federal courts throughout Michigan. His trial experience includes automobile negligence, police brutality and misconduct, premises liability, trucking accidents, insurance disputes, medical malpractice, sexual harassment, sexual assault, discrimination, and wrongful death. In recent years, Colella has gained a reputation for his trailblazing litigation efforts in government liability, recreational accidents and civil rights cases. Colella received his law degree from the University of Detroit Mercy School of Law, where he established in 2020 the A. Vince Colella Scholarship to support law students considering a career in civil rights.

The DBusiness honor comes on the heels of other legal awards for the duo this year including The Best Lawyers in America® and Michigan Super Lawyers.  Most recently, Moss was recognized as a Go To Lawyer in negligence law by the legal publication Michigan Lawyers Weekly.

In addition, the firm is pleased to announce it has been designated as a Tier 1 law firm by Best Lawyers® in the 14th edition of the United States Best Law Firms®. In the newly released annual publication, the firm made its inaugural debut with a Tier 1 ranking at the metropolitan level in the Personal Injury Litigation–Plaintiffs category.

•            •            •

Detroit-based management-side labor and employment law firm Nemeth Bonnette Brouwer PC is pleased to announce the firm has again been named a tier-ranked law firm by Best Lawyers® in the 14th edition of the United States Best Law Firms®.  In the newly released annual publication, the firm has repeated its Tier 1 ranking at the metropolitan level in two categories:

Labor Law – Management
Litigation – Labor & Employment

In August, three firm attorneys were recognized by Best Lawyers® for 2024. Managing Partner Deborah Brouwer and firm founder Patricia Nemeth, Of Counsel, were selected as Best Lawyers® in three practice areas: Employment Law–Management, Labor Law–Management, and Litigation–Labor and Employment. Additionally, partner Nick Huguelet made his inaugural debut as a Best Lawyers: Ones to Watch®, named in the category of Labor and Employment Law–Management.

•            •            •

Foley, Baron, Metzger, & Juip, PLLC is pleased to welcome James Frisch as the newest member of its Medical Malpractice Practice group. Frisch, who recently joined the firm as an associate attorney, focuses his practice on defending healthcare professionals and organizations in complex medical-malpractice claims, as well as other personal injury and insurance claims. Enrico Tucciarone, member, made the announcement.

Prior to joining FBMJ, Frisch practiced at a Metro-Detroit law firm defending auto insurance claims, as well as a national insurance company as in-house counsel. He is also experienced in handling complex trust and estate litigation, guardianship, and conservatorship matters. Prior to his legal career, Frisch was employed at a level II trauma hospital as an emergency room paramedic and worked in private EMS for seven years.

Frisch is a 2019 graduate of the University of Detroit Mercy School of Law and earned his Bachelor of Science in Administration in 2015 from Central Michigan University.

•            •            •

Seven Dobrusin attorneys were recently named by DBusiness to its list of Top Lawyers.  Those attorneys and their areas of recognition are:

Eric Dobrusin – Intellectual Property and Patent Law

Dobrusin, with more than 30 years of experience, focuses on patent counseling and prosecution, particularly in materials science, biomedical, food processing, and automotive technologies. He’s also an author in the field and has played key roles in intellectual property dispute resolution. Recognized for his contributions, he has received numerous awards and accolades throughout his entire career, including being named to the Michigan Lawyers Weekly’s Hall of Fame in 2023 .

Kristen Pursley – Intellectual Property and Patent Law

Pursley, managing shareholder at The Dobrusin Law Firm, is a recognized attorney focusing on patent, trademark, and copyright law. She is known for her practical problem-solving approach, extensive client base in automotive, medical, and consumer product industries, and her leadership roles in various legal associations and community organizations.

Erin Klug – Intellectual Property and Patent Law

Klug is an attorney focusing on patent, trademark, and copyright law, serving clients across various industries. With a practical approach, she offers strategic counsel, excelling in translating complex technical concepts for business purposes. Klug’s expertise and cost-conscious approach have earned her recognition from publications like WTR 1000 and Crain’s Detroit Business.

Katherine Pacynski – Intellectual Property and Patent Law

Pacynski, a patent attorney, focuses on mechanical, chemical, and materials science, particularly nonwoven materials, consumer goods, and automotive applications. She helps her clients navigate patent processes and develop their intellectual property portfolios. Her background in chemical engineering and her commitment to community involvement make her a well-rounded and trusted advisor in the field.

Paul Palinski – Intellectual Property and Patent Law

Palinski, a registered patent attorney, focuses his legal practice on patent counseling and strategic prosecution, particularly in mechanical, electromechanical, and biomedical technologies. With a background in Manufacturing Operations and Mechanical Engineering, he serves a diverse clientele, ranging from multinational corporations to individual inventors. Prior to his legal career, he worked as an automotive engineer, contributing to the design and quality of interior and exterior automotive components.

Daniela Walters – Intellectual Property and Patent Law

Walters, an experienced attorney with expertise in intellectual property, focuses on patents, trademarks, copyrights, and IP agreements. Focusing on mechanical and electromechanical fields, she serves a wide range of clients, from startups to established corporations. Her background in engineering and practical experience as an automotive engineer enable her to provide valuable counsel to clients across various industries. Beyond her legal career, she is passionate about community development, historic preservation, and promoting STEAM education.

Rebecca Wilson – Copyright Law

Wilson focuses her practice on helping businesses build, protect, and enforce their brands, focusing on copyright protection and trademark prosecution. Her background, including working for a Tier 1 automotive supplier, positions her to understand and address various industries’ needs and risks.

•            •            •

Varnum attorney Aaron Roberson Jr. has been named to the Founders Junior Council of the Detroit Institute of Arts, an auxiliary board for young professionals.

Founders Junior Council is dedicated to introducing young adults to the DIA and encouraging a lifelong involvement through a variety of fundraisers and social events organized around the museum’s world-class collection and special exhibitions.

Roberson is a member of Varnum’s Corporate Practice Team. His experience centers on mergers and acquisitions, lending deals, commercial real estate transactions and a diverse range of other commercial activities.

Roberson is a graduate of University of Detroit Mercy School of Law. During law school, he served as a legal extern to U.S. District Court Judge Victoria A. Roberts, Eastern District of Michigan. He received his undergraduate degree in Political Science from the College of Wooster.

•            •            •

Howard & Howard has been ranked in the fourteenth edition of “Best Law Firms” by Best Lawyers, with 20 metro rankings nationally.  The Royal Oak office was ranked:

Tier 1 for  Commercial Litigation
Tier 1 for  Litigation - Intellectual Property
Tier 1 for  Litigation - Patent
Tier 1 for  Patent Law
Tier 1 for  Trademark Law
Tier 2 for  Energy Law
Tier 3 for  Corporate Law

•            •            •

Secrest Wardle is proud to announce that seven of the firm’s attorneys have been named to the “2024 Top Lawyers in Metro Detroit” list by DBusiness magazine. All seven attorneys recognized practice out of Secrest Wardle’s headquarters in Troy:

Thomas J. Azoni is a senior partner at Secrest Wardle. He is a member of the firm’s Amusement and Leisure, General Negligence, Motor Vehicle Litigation, Premises Liability, and Trucking/Commercial Vehicle Litigation Practice Groups. Azoni has been recognized by DBusiness in the Food and Beverage Law category.

Derk W. Beckerleg is an executive partner and managing partner of Secrest Wardle’s Municipal Law Practice Group.  He is a member of the Governmental Litigation and Real Estate Practice Groups, of which he also serves as chair. Beckerleg has been recognized by DBusiness in the Municipal Law category.

Nathan J. Edmonds is a senior partner and co-managing partner of Secrest Wardle. He is a member of the firm’s Amusement and Leisure, Motor Vehicle Litigation, Premises Liability, and Property, Fire and Casualty Practice Groups. Edmonds has been recognized by DBusiness in the Litigation – Insurance category.

Justin A. Grimske is an executive partner at Secrest Wardle. He is a member and serves as the chair of the Amusement and Leisure Practice Group. He is also a member of the firm’s Motor Vehicle Litigation, Premises Liability, and Trucking/Commercial Vehicle Litigation Practice Groups. Grimske has been recognized by DBusiness in the Insurance Law category.

Daniel P. Makarski is a senior partner and member of Secrest Wardle’s Alternative Dispute Resolution Practice Group.  He serves as chair of the group. He has been recognized by DBusiness in the Arbitration and Mediation categories.

Mark F. Masters is a senior partner at Secrest Wardle. He is a member of the firm’s Commercial and Business Law, Construction, General Negligence,
Malpractice/Professional Liability, Motor Vehicle Litigation, and Product Liability Practice Groups. Masters is a member and serves as the chair of the Premises Liability Practice Group. He has been recognized by DBusiness in the Personal Injury category.

Anthony A. Randazzo is a senior partner at Secrest Wardle. He is a member of the firm’s Commercial and Business Law, Construction, Environmental and Toxic Tort, Governmental Litigation, Intellectual Property/Advertising Injury, and Trucking Commercial Vehicle Litigation Practice Groups. Randazzo is also a member and serves as chair of the Motor Vehicle Litigation Practice Group. He has been recognized by DBusiness in the Litigation – Insurance category.

In addition, Secrest Wardle is pleased to announce that the firm has been named in the Best Lawyers listing of 2024 Best Law Firms in the following categories:

—Metropolitan Tier 1

TROY
• Commercial Litigation
• Insurance Law
• Legal Malpractice Law — Defendants
• Litigation – Insurance
• Personal Injury Litigation — Defendants
• Product Liability Litigation — Defendants

—Metropolitan Tier 2

TROY
• Land Use & Zoning Law
• Litigation — Municipal
• Municipal Law

—Metropolitan Tier 3

TROY
• Arbitration
• Litigation — Land Use & Zoning

The Michigan Supreme Court voted in September to amend Michigan Court Rule (MCR) 1.109 to include language about respecting a litigant's or attorney's preferred pronoun when "addressing, referring to, or identifying the party or attorney, either orall :  

By Marie E. Matyjaszek

The Michigan Supreme Court voted in September to amend Michigan Court Rule (MCR) 1.109 to include language about respecting a litigant's or attorney's preferred pronoun when "addressing, referring to, or identifying the party or attorney, either orally or in writing." It is the first state to do so, and the amendment takes effect January 1, 2024.

The issue came into public view in 2021 after an appeals court judge wrote an opinion criticizing a defendant's request to be referred to as "they."

Under the new rule, case captions can also include Ms., Mr., or Mx., and a personal gender pronoun. The court must use either the "individual's name, the designated salutation or personal pronouns, or other respectful means that are not inconsistent" with the person's designated salutation or pronouns.

The vote to amend the rule was 5 to 2 in favor with Justices Brian Zahra and David Viviano opposing the change. Michigan Supreme Court Justice Elizabeth Welch noted that as society evolves, so does vocabulary, and the judiciary must recognize and respect the desired identity and pronouns of the society served. She added that the rule "does not force anyone to violate their beliefs."

"Courts must use the individual's name, the designated salutation or personal pronouns, or other respectful means that is not inconsistent with the individual's salutation or personal pronouns," the Supreme Court said.

Opponents of the change believe that courts are wading into a significant political issue that has no place in a courtroom.

"This is a fluid political debate into which our judicial branch of state government should not wade, let alone dive headfirst and claim to have resolved," Justice Zahra said. "Such hubris has no place within the operation of a judicial branch of state government."

Defenders of the amendment note that if the court has a religious or other objection to using a preferred pronoun, the party can still be addressed by their role and last name (Attorney Jones, Defendant Jones).

Justice Kyra Harris Bolden said that the rule will help relieve the fear and anxiety that people can feels when interacting with courts.

"This is not about special treatment; it is about ensuring that anyone who identifies by a particular pronoun receives the dignity of being addressed by that gender when they are before a judge," Bolden wrote.

Like everyone else, judges have personal beliefs and thoughts on gender identity and pronoun use. In an environment that many litigants feel is ripe with bias and inequity, recognizing how a person identifies helps protect against gender prejudice.
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Marie E. Matyjaszek is a Judicial Attorney at the Washtenaw County Trial Court; however, the views expressed in this column are her own.