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Jonathan E. Lauderbach

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  • Midland

    t. +1.989.698.3701

    f. +1.989.486.6101

Biography

Jon Lauderbach served as a Circuit Judge for Midland County, Michigan before stepping aside to found Warner Norcross’s Midland Office. During his tenure on the bench, he presided over more than 150 jury and non-jury trials and now brings that experience and perspective to bear representing public and privately-held companies in commercial and bankruptcy litigation matters in courts throughout the Midwest. He has extensive experience in litigation matters involving corporate governance, contract, restructuring, fiduciary duty, fraudulent transfer, land use and intellectual property. He also often serves as a mediator and arbitrator in commercial cases. 

Education

  • University of Detroit Mercy J.D. 1994
  • Albion College B.A. 1991

Admitted

  • 1994, Michigan

Courts

  • U.S. Supreme Court in 2005
  • U.S. Court of Appeals, Sixth Circuit in 2006
  • U.S. District Court, Eastern District of Michigan in 1994
  • U.S. District Court, Western District of Michigan in 2000

Bar Associations

  • American Bar Association
    Litigation Section
  • State Bar of Michigan
  • Michigan Bar Foundation
    Fellow (2007)

Teaching and Lecturing

  • Adjunct faculty member, Michigan State University College of Law
  • Lectured on mortgage-related legal issues for the Michigan Judicial Institute

Experience

  • Principal attorney for secured creditor in Chapter 11 case involving wholesale distributor of high-end wine. A committee of unsecured creditors asserted that client’s secured guaranty was voidable based on fraudulent conveyance and other theories. Following successful resolution of adversary proceeding, successfully negotiated liquidation plan for reorganization and global settlement of litigation with principal shareholder and related parties.
  • Principal attorney for committee of unsecured creditors in Chapter 11 case involving large-scale boring mill and tool builder. Successfully negotiated a reorganization plan providing for sale of property, refinancing of secured notes and leases and payment to unsecured creditors in full over term of reorganization plan.
  • Principal attorney for bank in lawsuit against corporation and guarantors of the bank’s secured debt. Resulted in summary disposition on guarantor’s counterclaims for breach of fiduciary duty, fraud and negligence, followed by judgment in full value of bank’s claims, including interest and attorneys’ fees.
  • Principal attorney for plaintiff industrial services provider in lawsuit against steel company for final payment on contract to provide chemical cleaning services in connection with construction of steel mill.  Representation involved successful disposition, on summary judgment, of owner’s counterclaims and resulted in judgment for full amount of plaintiff’s claim, as well as interest and attorneys’ fees pursuant to the contract.
  • Principal attorney for bank in judicial foreclosure lawsuit against corporation and guarantor of corporation’s secured debt. Successfully negotiated non-bankruptcy workout, including operation of hotel during liquidation period, and resulted in payment in full of bank’s claim, including interest and attorneys’ fees.
  • Represents financial institutions in litigation pending in state court, bankruptcy court and district court, including contested foreclosure proceedings.
  • Enforces the rights of financial institutions and other commercial creditors and creditors’ committees, both in the bankruptcy court, non-bankruptcy workouts and restructuring matters, including:
    • Negotiates and enforces forbearance agreements, loan restructurings and liquidations, including sales pursuant to the Uniform Commercial Code
    • Enforces loan agreements through litigation and foreclosure proceedings
    • Prosecutes and defends lawsuits involving fraud and fraudulent transfers as part of commercial loan workouts
    • Represents secured creditors in commercial and consumer bankruptcy proceedings under Chapters 7, 11 and 13, including adversary proceedings involving preference and fraudulent transfer actions, non-dischargeability and the validity and priority of claims or interests 

Honors & Awards

  • Named to Michigan Super Lawyers, 2017

Publications

Leadership

Professional Affiliations

  • Michigan Attorney Discipline Board (2015-Present)
  • Michigan Judges Association
    Corrections Committee (2007-13)
    Executive Committee (2012-13)
  • Michigan Supreme Court Electronic Filing Advisory Committee (2009-11)
  • Michigan Supreme Court Technology Implementation Committee (2012-13)
  • Michigan Supreme Court Judicial Needs Assessment Delta Committee (2011)

Community Affiliations

  • Midland Area Chamber of Commerce
    Director (2005-08; 2014-Present)
    Chair (2016-Present)
  • Leadership Midland Alumni Association
    2015 Leader of the Year
  • Midland Business Alliance
    Director (2005-Present)
  • Eagle Village, Inc.
    Member, Board of Directors (2000-10)
    Chair, Board of Directors (2002-04)
  • Midland Area Chamber of Commerce
    Director (2005-08)
  • Big Brothers Big Sisters of Midland County
    Member, Board of Directors (1995-2001)
    President (1998-99)

Speaking Engagements

  • "What Role Should an Organization's IT Department Play in the Discovery Process?," Data Solutions Spring Symposium, Grand Rapids, Michigan, March 11, 2016, Novi, Michigan, April 22, 2016
  • Keynote speaker, Leadership Midland graduation banquet, October 2, 2010
  • Presenter, Standing of Nominee to Bring Summary Proceedings Following Mortgage Foreclosure, Michigan District Judges' Association Annual Conference, August 27, 2009

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