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Michael G. Brady

Partner | Email

  • Southfield

    t. +1.248.784.5032

    f. +1.248.784.5005

Biography

Michael is chair of Warner’s Litigation Practice Group as well as co-chair of the Automotive Industry Group and the Class Action Group. Michael concentrates his practice on representing clients in complex business litigation and class action matters. Michael regularly represents Tier 1 and Tier 2 automotive suppliers in contract negotiations and supply chain disputes. He also represents companies in defending class action cases involving various claims, such as antitrust, consumer and securities fraud. Likewise, Michael has extensive experience in conducting internal compliance investigations on behalf of major corporations. Michael has successfully represented clients at every stage of the litigation process in federal and state courts throughout the United States. He has been consistently recognized by his peers as a “Super Lawyer” in the Michigan Super Lawyers magazine.

Education

  • University of Michigan Law School J.D. 1997 cum laude
  • Western Michigan University B.A. 1993 cum laude

Admitted

  • 1997, Michigan

Bar Associations

  • American Bar Association
  • Federal Bar Association (E.D. Mich)
    Membership Committee, Co-Chairperson
  • State Bar of Michigan
  • Oakland County Bar Association
    Inn of Court Program, Barrister

Experience

Commercial and Automotive Litigation

Michael has extensive experience in litigating complex commercial matters, routinely achieving outstanding results in an efficient manner. His representative experience includes the following:
 

  • Lead litigation counsel for automotive finance company and responsible for all commercial litigation in the Eastern United States
  • National litigation counsel for large parts supplier, successfully prosecuting and defending suits throughout the United States
  • Lead counsel in obtaining multimillion-dollar summary disposition in plaintiff’s favor in supply chain pricing dispute
  • Lead litigation counsel in successfully representing automotive supplier in suit involving misappropriation of trade secrets and breach of fiduciary duty by a former employee
  • Lead counsel in numerous supply chain matters including, among other things, pricing disputes, breach of warranty claims, terms and conditions disputes, and injunction actions
  • Lead counsel in successfully obtaining dismissal of plaintiff’s suit seeking rescission of life insurance settlement contract. Harahan v FairMarket Life Settlement Corp., 2006 WL 3103717 (ED Mich Oct 31, 2006)
  • Successfully persuaded Wayne County Circuit Court and Court of Appeals to dismiss administrative appeal challenging state construction permit for multimillion-dollar disposal facility. City of Romulus et al v MDEQ and EDS, 260 Mich App 54 (2003); successfully persuaded Ingham County Circuit Court and Court of Appeals to invalidate state construction permit that was incompatible with disposal facility. EDS v Fitch et al, 2005 WL 2864240 (Mich App Nov 1, 2005); successfully persuaded U.S. District Court to deny plaintiff’s request to enjoin operation of disposal facility. Sunoco Partners Marketing Terminals, L.P. v US EPA et al, 2006 WL 156394 (ED Mich Jan 20, 2006)
  • Counsel for one of the daily Detroit newspapers in successfully obtaining dismissal of a multimillion-dollar defamation suit
  • Lead counsel in successfully obtaining favorable judgment at trial in a case involving a customer’s failure to make all payments due under a requirements contract
  • Counsel for major banking institution in successfully defeating the plaintiff’s motion for preliminary injunction in trial court, Court of Appeals, and Supreme Court in a case involving claims of misappropriation of trade secrets, breach of contract, and tortious interference with contract
  • Lead counsel for title insurance agency in successfully obtaining dismissal of all claims in a equitable conversion/breach of contract case


Class Action Litigation

Michael has considerable experience in defending class action lawsuits, consistently achieving excellent results for his clients. Some of his representative cases including the following:
 

  • Lead counsel for banking institution in successfully obtaining dismissals of various shareholder class action lawsuits challenging mergers
  • Lead counsel for private home care companies and obtained very favorable settlement of class action lawsuit alleging consumer protection act violations
  • Lead counsel for Cerberus Capital Management in successfully obtaining dismissal of class action lawsuit brought by former Chrysler executives alleging that their supplemental pensions should have survived bankruptcy
  • Lead counsel for Mercedes-Benz Financial Services in successfully obtaining dismissal of consumer class action lawsuit claiming violations of Maryland consumer finance and consumer fraud laws
  • Lead counsel in obtaining summary judgment of class action case alleging that client’s video games constituted illegal gambling under Michigan law
  • Counsel for title insurance company and obtained very favorable settlement in multimillion-dollar class action alleging the company’s rate structure violated federal law
  • Counsel for major banking institution in successfully obtaining dismissal of plaintiff’s federal court class action complaint involving the assessment of garnishment fees in Ohio
  • Counsel for title insurance company and obtained “nuisance value” settlement in class action alleging the company’s rate structure was illegal


Antitrust
 

  • Counsel for clients in multi-national antitrust investigations
  • Counsel for clients in antitrust training
  • Counsel for clients in ongoing antitrust guidance and advice
  • Counsel for clients in antitrust litigation proceedings

Honors & Awards

  • Best Lawyers in America, Commercial Litigation, 2015-Present
  • Named to Michigan Super Lawyers, 2009-Present
  • Named a Top Lawyer in Commercial Litigation by DBusiness, 2012, 2013, 2015, 2016, 2017, 2019
  • Named as a Michigan Super Lawyer Rising Star, 2008

News

Leadership

Professional Affiliations

  • Original Equipment Supplier Association (OESA)
    Legal Counsel to Chief Executive Officers' Council
  • Defense Research Institute
  • The Birmingham-Bloomfield Chamber of Commerce
  • Western Michigan University Alumni Association

Community Affiliations

  • Junior Achievement of Southeastern Michigan
    Board Member (2017-Present)
  • National Multiple Sclerosis Society, Michigan Chapter
    Chair, Board of Trustees (2013-16)
  • Beverly Hills Zoning Board of Appeals
    Former Member (2003-11) 
  • Beverly Hills Little League
    Former Member, Board of Directors; Director of Minors Softball League
  • Walsh College, President's Advisory Committee
    Member

Speaking Engagements

  • “Dispute Resolution — How and When to Pick Your Battles: Business Resolution vs. Reserving Rights Under Protest vs. TRO,” 6/13/19, OESA 2019 Automotive Supplier Legal Hot Topics, Troy, Michigan
  • “Managing ‘Directed Buy’ Agreements,” 4/12/19, OESA 2019 Professional Development Series, Troy, Michigan
  • “Managing Tariffs in the Supply Chain - How Suppliers can use their Contractual Arrangements to Negotiate Tariff Payments Responsibility,” 10/9/18, OESA Legal Issues Council, Southfield, Michigan
  • “How to Navigate Directed Buy Relationships,” 8/8/17, OESA Mobility Supplier Forum conference at Futuris Automotive, Newark, California
  • Moderator, "The Automotive Supplier's Guide to 2017: Legal Trends and Insight for the New Year," OESA Seminar, 2/2/17, Troy, Michigan
  • "Creating IP Jointly - Avoiding Antitrust Liability with JVs and JDAs," 9/17/16, presentation at OESA Seminar "Navigating the Intersection of Today's Automotive IP and IT," Troy, Michigan
  • "Antitrust Enforcement Trends," Legal Trends to Watch in 2016, OESA briefing, 2/16/16
  • Warranty and Recall Issues – Minimizing Your Exposure,” OESA Sales and Marketing Council, December 4, 2014
  • "Securing Trade Secrets with a Transient Workforce," 6/11/14, presentation at OESA Seminar "Intellectual Property Best Practices: Protecting and Strengthening Your Competitive Advantage"
  • "How to Conduct an Internal Corporate Investigation," 6/13/13, presentation at WNJ Automotive Legal Summit
  • "The Contract as a Tool in Supply Chain Risk Mitigation," 9/26/12, presentation at OESA conference
  • "Preparing for and Managing Antitrust Risk in an Era of Vigorous Enforcement," OESA Supplier Roundtable: Issues Impacting the North American Supply Chain, May, 2012, Greenville, S.C.
  • "Negotiations:  Strategies and Tactics", 3/6/12, presentation at WNJ Automotive Legal Summit
  • "Electronic Discovery:  Data Preservation and Litigation Holds," 7/20/11, presentation for corporate client's in-house legal staff
  • Conducts regular training and seminars for clients regarding antitrust compliance and automotive contracting principles

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