Shareholder Disputes and Business Breakup Litigation

• Advises business entities and business owners on strategy for resolving ownership disputes.
• Routinely represents business entities, officers and directors defending against claims of minority oppression and breach of fiduciary duties.
• Routinely represents business owners in prosecuting claims of minority oppression and breach of fiduciary duty.
• Represents clients in all levels of ownership disputes, from pre-litigation consultation and strategy to mediation, arbitration and litigation.
• Represented a buyer as a plaintiff in a breach of representations and warranties claim in federal court and secured a favorable settlement after defeating a motion for summary judgement.
• Represented a family-owned tool and die business in state court to enforce confidentiality and noncompete provisions in a shareholder agreement and defend against claims of breach of contract, and secured a favorable settlement after depositions.
• Represented a first-generation owner of a family-owned business in breach of fiduciary duty and conversion litigation against second generation owner and secured a favorable settlement.
• Negotiated a favorable buyout for a second-generation owner that avoided application of valuation discounts.

Insurance Coverage and Risk Management Experience

• Advised a self-funded health plan sponsor on recovery options following the third-party administrator’s mishandling of a high-value claim. Developed and pursued novel breach of fiduciary duty and breach of contract claims against the plan’s third-party administrator, resulting in a substantial six-figure recovery.
• Successfully briefed a dispositive motion on a first-party insurance coverage claim on behalf of a business owner in federal court, resulting in a favorable settlement for the client.
• Successfully negotiated settlement of a first-party property insurance claim for a manufacturing company.
• Regularly advises corporate clients and individuals on legal issues involving insurance, indemnity and risk management.
• Regularly represents clients in insurance coverage disputes in federal and state courts.
• Second-chair appellate counsel, Ile v. Foremost Ins. Co., 493 Mich. 915; 823 N.W.2d 426 (2012) (Michigan Supreme Court adopted insurance policy interpretation advanced by Warner and reversed lower courts’ judgment against client).

Commercial Litigation Attorney

• First-chaired the defense of a multi-million dollar negligence claim against a provider of high-performance internet infrastructure services, and obtained a favorable settlement.
• Local counsel for a medical device manufacturer in a products liability action in federal court.
• Successfully argued and briefed a dispositive motion on behalf of a global furniture manufacturer in a product liability case.
• Worked as part of a Warner legal team representing two major creditors as local counsel in Detroit’s bankruptcy.
• Worked as part of a Warner legal team representing a government entity in a major infrastructure project.
• Routinely represents corporate clients in all stages of litigation, including pleadings, discovery, motion practice, alternative dispute resolution and at trial.

Banking and Securities Litigation

• Routinely advises banking clients on risk management and best practices related to deposit accounts.
• Provides defense to national and local banks in deposit account and class action litigation in federal and state courts, obtaining favorable results for clients.
• Defends broker-dealers in FINRA arbitrations and in state and federal court securities litigation, including cases involving negligence, breach of fiduciary duty, unsuitability and securities laws.

Regulatory Defense

• Represented a financial institution in defense of an enforcement action by the Michigan Department of Insurance and Financial Services, including the appeal of the final decision and a favorable settlement.
• Regularly defends cannabis entities in enforcement actions by the Cannabis Regulatory Agency.
• Represents and consults with clients on strategy for communicating with regulatory agencies when faced with compliance issues.

Document Retention and Information Management

• Drafts Information Management and Document Retention policies and schedules for clients.
• Consults with clients on managing litigation risk with respect to document retention and information management.
• Serves as document retention counsel for a global manufacturing and distribution company.