Madelaine C. Lane
- Partner
My admin
- Jill Bonter
There are few places I feel as comfortable, natural and as capable as I do in a courtroom – delivering a persuasive argument or cross-examination and proving my client’s case in front of a judge or jury. I am rational, fair and always willing to settle, if that’s the best strategic move. But because I never forget how much is often at stake – including livelihoods and reputations – I won’t back down from a fight if fighting makes the most sense for my clients. Both they and my opposing counsel understand this.
Attorney Reel: The Real Madelaine Lane
An accomplished white collar criminal defense attorney, Madelaine Lane assists clients with the right guidance just when they need it – from complex civil investigations involving high-volume documents and high-risk publicity, to responding to discovery requests and conducting internal investigations, to creating convincing litigation strategies and leading a persuasive criminal defense at trial. She has extensive experience working in several sectors, including higher education, automotive, health care, finance and agriculture, among others.
industries
practices
- Litigation and Dispute Resolution
- Appellate and Supreme Court Practice
- White Collar Criminal Defense
- Antitrust and Unfair Competition
- Data Analytics and eDiscovery
- Cybersecurity and Privacy
- Regulatory and Compliance
- Privacy, Defamation, Media and First Amendment Litigation
- Supply Chain Litigation
- Health Care Litigation
Sexual Abuse Prevention and Response
Madelaine has represented multiple corporate clients, including several religious institutions, on the issues of sexual abuse prevention and response plans. She assists clients in creating and maintaining training programs aimed at preventing and detecting potential sexual abuse. If abuse is reported, Madelaine directs the response to such reports, including notifying law enforcement and conducting internal investigations to help determine the validity of allegations. Madelaine represents corporate clients facing investigations of historic sexual abuse allegations and, where necessary, assisted in responding to search warrants and subpoenas. Madelaine also represents clients in both criminal and civil litigation arisin
Sexual Abuse Prevention and Response
Madelaine has represented multiple corporate clients, including several religious institutions, on the issues of sexual abuse prevention and response plans. She assists clients in creating and maintaining training programs aimed at preventing and detecting potential sexual abuse. If abuse is reported, Madelaine directs the response to such reports, including notifying law enforcement and conducting internal investigations to help determine the validity of allegations. Madelaine represents corporate clients facing investigations of historic sexual abuse allegations and, where necessary, assisted in responding to search warrants and subpoenas. Madelaine also represents clients in both criminal and civil litigation arising out of allegations of historic or present-day sexual abuse claims.
Internal Investigations
Madelaine has conducted numerous internal investigations on a topics ranging from embezzlement to allegations of fraud to harassment and sexual misconduct, working successfully in dozens of industries. When clients receive allegations of wrong-doing, Madelaine and her team will review documents and interview witnesses to get the facts needed to verify or refute the allegations. Madelaine also assists clients in regulatory and compliance issues arising from potential wrongdoing, counseling on when and how to report findings properly to law enforcement.
Criminal Discovery
Over the years, Madelaine has led many of Michigan’s largest criminal discovery cases. She works with her clients to leverage technology to effectively and efficiently respond to subpoenas. She also assists clients to create search warrant and subpoena response policies, training employees on best practices before the need arises so their reactions do not jeopardize their organizations.
When clients are called into the Grand Jury or trial as witnesses, Madelaine relies on her vast trial experience to prepare them. She’s able to help witnesses feel as comfortable as possible when the time comes to testify so they can accurately and convincingly share their stories.
General Criminal Defense
Madelaine regularly represents criminal defendants in federal court on a variety of charges, including Medicare fraud, immigration, firearms and narcotics. In this role, Madelaine handles pre-trial negotiations, discovery, trial and, if necessary, appeal.
She also regularly prepares witnesses, including victims, for testimony at preliminary examinations, grand jury and trial.
Trial Counsel
Criminal
Madelaine has represented federal criminal defendants as lead counsel or co-lead counsel at trial on a wide range of charges, including conspiracy to distribute narcotics, felon in possession of a firearm, illegal re-entry, identify theft conspiracy and others. She combines her knowledge of the law and oral advocacy skills to vigorously represent her clients.
In state court, Madelaine has represented clients in trial on various assault charges. Most recently, co-chaired a felony jury trial in Berrien County Circuit Court where the defendant was charged with various sexual assault offenses. The jury acquitted the defendant of the most serious charge.
Civil
In an action arising out of the Dominion v. Lindell, et al. litigation, Madelaine served as lead counsel for Kent County, Michigan as it defended itself against an over-reaching subpoena by MyPillow founder Mike Lindell, who was seeking to defend himself in a $1.3 billion defamation suit stemming from the 2020 presidential election. Not only did the judge quash the subpoena, calling it an expensive “fishing expedition,” he awarded financial sanctions to Kent County.
Ryan Racing, LLC v. Paul Gentilozzi, et al., U.S. District Court, Western District of Michigan. Madelaine served as trial counsel for Ryan Hunter-Reay, a professional race car driver for Andretti Autosport and the 2014 Indianapolis 500 champion.
In 2005, when Mr. Hunter-Reay was an up-and-coming driver, he raced for a Michigan-based team, Rocketsports Racing, which is owned by Paul Gentilozzi. Mr. Gentilozzi terminated Mr. Hunter-Reay in violation of his contract and then set out to ruin Mr. Hunter-Reay’s reputation in the industry.
Mr. Hunter-Reay arbitrated the wrongful termination with Mr. Gentilozzi and was awarded $2.7 million. After converting the award into a judgment, Mr. Hunter-Reay sought to collect, but Mr. Gentilozzi stymied his efforts by creating a sham company. Mr. Gentilozzi named the new company “RSR” and shifted assets to RSR, but claimed the $2.7 million owed to Mr. Hunter-Reay was a debt of the old company. Mr. Gentilozzi had run Rocketsports Racing over the years without regard to corporate formalities, benefiting himself and others at the expense of the company’s creditors. Mr. Hunter-Reay filed suit in federal court in Michigan to collect his $2.7 million judgment under theories of successor liability, fraudulent transfer and piercing the corporate veil.
After a five-day bench trial, Judge Robert Holmes Bell ruled in favor of Mr. Hunter-Reay. In particular, Judge Bell pierced the corporate veil and held that Rocketsports was a mere instrumentality of Mr. Gentilozzi. Additionally, the Court ruled RSR was a successor of Rocketsports and, therefore, liable for payment of the arbitration award.
Judge Bell entered the entire $2.7 million judgment against RSR and Mr. Gentilozzi personally. Click here for the full text of Judge Bell’s Opinion and here for the article “Why an Indy 500 winner sued Lansing real estate tycoon Paul Gentilozzi.”
Co-chaired a three-day jury trial regarding defense of personal injury action. The jury returned a verdict in favor of Madelaine’s client.
In addition to the above, Madelaine has conducted multiple state court bench trials and federal court evidentiary hearings regarding both criminal and civil matters.
- Panelist: “POWER Act,” West Michigan Chapter Federal Bar Association Bench Bar Conference, Sept. 18-20, 2024, Thompsonville, Michigan
- “Ethics Update for Health Care Lawyers”, 29th Annual Health Law Institute, March 14, 2024
- “Criminal Investigations, Litigation and Enforcement,”
- Panelist: “POWER Act,” West Michigan Chapter Federal Bar Association Bench Bar Conference, Sept. 18-20, 2024, Thompsonville, Michigan
- “Ethics Update for Health Care Lawyers”, 29th Annual Health Law Institute, March 14, 2024
- “Criminal Investigations, Litigation and Enforcement,” Environmental Compliance: Regulation, Investigation, Enforcement and Litigation Annual Conference, November 2, 2023, Lansing, Michigan
- “To hold or not to hold, that is the question,” ARMA INFOCON 2023: Information in Motion, October 11, 2023
- “Law Shanty On the Road,” Warner 2023 HR Seminar, May 16, 2023, Grand Rapids, Michigan
- “Human Trafficking in West Michigan: A Survivor’s Story and how you can help,” Corewell Health: Psychiatry & Behavioral Medicine 2023 Symposium, April 26, 2023
- “Expungement + Clemency”, Upper Peninsula Human Trafficking Task Force Quarterly Meeting, March 17, 2023
- “Grand Rapids Bar Association Michigan Indigent Defense Counsel Training: Cross-Examination, Impeachment, and Voir Dire,” February 3, 2023
- Webinar — Wire Transfer Fraud: Preventing and Mitigating this Rising Threat, December 6, 2022
- Webinar ─ Internal Investigations: Best Practices and Strategies to Protect Your Business, August 16, 2022
- “Managing eDiscovery in Bankruptcy Cases,” 34th Annual Bankruptcy Section Seminar, Federal Bar Association – Western District of Michigan, Mackinac Island, Michigan, July 31, 2022
- “AG Clergy Investigations,” 16th Annual Child and Youth Protection Catholic Leadership Conference, June 8, 2022, Grand Rapids, Michigan
- “Crimes and Misdemeanors,” ICLE Family Law Institute, November 18, 2021, Novi, Michigan
- “Grand Rapids Bar Association Basic Skills Two: Legal Considerations for you Communication,” October 15, 2021, Grand Rapids, Michigan
- “Grand Rapids Bar Association Basic Skills Two: Direct and Cross Examination Tips,” October 15, 2021, Grand Rapids, Michigan
- “Employment Law and eDiscovery in the Age of COVID,” U.S. District Court for the Western District of Michigan Bench Bar Conference, October 1, 2021, Mackinac Island, Michigan
- “Criminal Law Considerations: Cannabis Isn’t Completely Legal,” Cannabis Law Seminar – Industry Insights and Trends From the Legal Perspective, September 30, 2021, Lansing, Michigan
- “Data Solutions Planning for 2021,” Warner Webinar, December 1, 2020
- “Strategies for Reducing Litigation Spend During COVID-19,” Warner Webinar, May 7, 2020
- “How to Conduct an Internal Investigation and New Trends in Criminal Enforcement,” OESA 2020 Automotive Suppliers Legal Hot Topics, Troy, Michigan, February 12, 2020
- “Is Marihuana Legal?,” Medical Marihuana– Legal Answers to Your Tough Questions webinar, December 4, 2017
- “Collecting and Preserving Data from Mobile Devices,” Data Solutions Spring Symposium, Grand Rapids, Michigan, March 14, 2017
- “Internal Investigations,” GRBA Paralegal Section, October 11, 2016
- “Planning for Security Breaches,” Data Solutions Fall Symposium, Grand Rapids, Michigan, October 23, 2015
- “Racial Discrimination by University Police and Security Officers,” National Association of College and University Attorneys (NACUA) March conference, New Orleans, LA, March 11-13, 2015
watch my videos
- Why You Need to Plan Ahead for Search Warrants + SubpoenasRight Side of the Law: Criminal Defense News
- Litigation Strengths: Leveraging Legal TechnologyIn the Know: Warner's Litigation Spotlight
- Filing for Bankruptcy? Truth is CriticalRight Side of the Law: Criminal Defense News
- Crisis Response: When Law Enforcement + Media IntersectRight Side of the Law: Criminal Defense News
- What to Do When an Employee Receives a SubpoenaRight Side of the Law: Criminal Defense News
- Tips to Keep Tailgating Safe and Arrest-FreeRight Side of the Law: Criminal Defense News
- Financial Housekeeping Tips for Cannabis EntrepreneursWarner’s Legal News For the Cannabis Industry
- MSC: When does a trial court lose jurisdiction to resentence a defendant?
- When a misdemeanor is not a misdemeanor
- MSC to consider scope of rape-shield statute
- COA: Attempted crimes may be felonies for sentencing purposes; co-defendant convictions are used to score offense variables
- COA clarifies scoring of offense variable 4 of the Michigan Sentencing Guidelines regarding psychological injury to the victim
- MSC: Defendant may be sentenced as three-time felony-firearm offender even when prior convictions arose from a single incident
- MSC grants MOAA to consider whether defendant’s failure to prove plain error precludes finding of ineffective assistance of trial counsel
- COA: Criminal defendant cannot withdraw plea even if court erroneously informed defendant that maximum possible sentence longer than correct maximum sentence
- COA: Canine “sniff” search of vehicle after the completion of a traffic stop constitutes an unconstitutional seizure unless officer can articulate reasonable suspicion of criminal activity
- COA: Savage and senseless nature of murder is not sufficient evidence of premeditation under first-degree murder statute
- MSC grants MOAA to consider whether trial judge’s questions inappropriately influenced jury’s verdict
- Pay-up: Constitutional to require criminal defendants to pay costs
- MOAA: Was evidence of defendant’s prior firearms convictions permissible because it bore on wife’s credibility and was not a collateral issue?
- COA: Hearsay laboratory reports welcome at preliminary examination
- MSC: Trial court has discretion to hold evidentiary hearing to determine if search warrant affidavit is sufficient for probable cause
- COA: Defendant released early by clerical error is no longer under control of Dept. of Corrections, may not receive consecutive sentences
- COA: Defendant can withdraw plea if judge deviates from deal, but restitution is constitutional and need not be proportional
- Statute means what it says: any movement of victim to a place of greater danger supports OV 8 score.
- COA: Contract with the state does not create a legal duty, does not make the contractor a public officer
- COA: Restitution can be based on course of conduct, not just charges of conviction.
- When juvenile lifer (without parole) is resentenced, revised sentence has maximum term of 60 years
- Rape-Shield statute may not bar evidence of victim’s pregnancy, lack of prior sexual activity, and abortion in CSC case
- Defendant who pleads and agrees to sentence at low end of incorrectly scored guidelines range is entitled to sentence under properly scored range
- MSC to hear MOAA on whether “intent to threaten” matters when threat made witness “unavailable”
- MSC to decide whether to take up case on standard of review for juvenile life-without-parole sentences
- MSC grants MOAA to consider proper jury instruction on rebuttable presumption of Self-Defense Act
- Location matters: mere possession of controlled substance within school zone, without intent to deliver the drugs in the zone, does not trigger enhanced statutory penalty
- COA: Although not a “child”, a fetus is a “victim” for purposes of scoring OV 9 under Michigan Sentencing Guidelines
- Making up for Lost Time: Lost Vacation Time is Lost Income under the Crime Victim’s Rights Act
- Police Beware: Consent to search dwelling for illegal drugs is not consent to seize defendant’s cell phone, wallet, and keys
- COA: Parole Board retains discretion where Governor commutes sentence to permit parole but fails to explicitly grant parole
- COA: Fetus is not a “child” for purposes of the first-degree child abuse statute
- COA: Court-appointed appellate counsel entitled to reasonable compensation for work done even when COA denies application for lack of merit
- COA: Defects in the plea taking process entitles a defendant to withdraw entire plea, not just “defective” portion of plea
- COA: Prosecution may not inform a defense witness of the possibility of prosecution for perjury
- COA on the MMMA: If it has roots, it’s a plant
- Trial Courts must provide spoken instructions to juries
- Only facts “admitted by the defendant” in court survive scrutiny under Lockridge
- Valid but not clearly visible temporary license plate provides valid justification for traffic stop
- COA: Felony sentencing cannot be done by videoconference
- Tobacco Products Tax Act is clear and unambiguous
- Trial courts must look to mandatory statutory sentencing range for convictions of indecent exposure as a sexually delinquent person not the sentencing guidelines
- No fishing allowed: Defendants may not access victim’s privileged records unless they have good faith basis to believe records contain information material to defense
- SORA suffers another blow: Requirement to register “routinely used” email addresses and cell phone numbers is unconstitutionally vague
- MSC holds that an individual can be charged with both election forgery and falsifying a name on a petition
- MSC: Reserve police officers are police officers when it comes to resisting arrest
- Trial counsel ineffective for failure to object to inadmissible hearsay testimony and failure to present evidence of other possible sources of victim’s injuries
- MSC: Conviction for SORA-2 subject to sentence enhancement under HOA
- Don’t step over that line: MSC to consider when knock-and-talk amounts to unconstitutional search
- Defendant’s 11th hour request to represent himself is untimely and denial of request is not grounds to reverse conviction
- A misdemeanor conviction not scored under PRV, still destroys the 10-year conviction-free period
- Evidence of prior acts of criminal sexual conduct is not always admissible under MCL 768.27a
- MSC: Predatory conduct of a co-offender not considered during sentencing
- Trial counsel is not ineffective for failing to request self-defense jury instruction when defense is not viable
- MMMA restricted again: Only “patients” and “primary caregivers” are entitled to §8 affirmative defense
- Swain will get a new trial in highly-publicized innocence case
- COA holds that violation of parole is not interfering with administration of justice
- Conviction for armed robbery does not require victim to have reasonable belief that defendant possesses weapon
- Driving drunk in driveway is not operating while intoxicated
- “Legal act” requirement still met when conspiracy participants agree to commit an illegal act in an illegal manner
- Defendant not guilty of home invasion for breaking into room of a house where defendant was lawfully present.
- A consecutive sentence cannot be ordered for an individual on federal supervised release as opposed to parole
- COA rules that a witness may be accompanied by a support animal when testifying
- COA: Trial courts have a heightened duty to determine the motivation on a Batson challenge where non-verbal communication is the alleged basis
- MSC grants MOA to consider whether CSC-I conviction requires lifetime electronic monitoring
- MSC grants MOA to consider whether failing to inform defendant of lifetime electronic monitoring makes CSC-I plea involuntary
- Driving with a bike rack or trailer hitch? Beware: it can get you pulled over
- MSC grants MOA to consider whether trial courts have limited discretion to hold hearing on sufficiency of certain affidavits
- Self-defense is still a valid affirmative defense to a charge of carrying a concealed weapon
- Trial courts have no authority to order Secretary of State to amend driving record after plea is withdrawn pursuant to delayed sentencing agreement
- Reliability of eyewitness identifications brought front and center in recent COA opinion
- COA upholds constitutionality of Michigan’s resisting/obstructing statute
- COA: Restitution not precluded on the basis of a full credit bid
- MSC grants MOA to consider whether the term “police officer” encompasses reserve police officers
- COA exposes uncertainty on impact of prosecutor knowingly offering perjured testimony
- MSC: Jury instructions on second-degree child abuse is not required when never requested at trial
- COA criticizes separate panel on the constitutionality of state statute addressing juvenile homicide offenders facing the possibility of life without parole
- COA takes a look at the reliability of eyewitness identification
- Failure to timely object to child-witness’s unsworn testimony constitutes waiver, not forfeiture, despite contrary precedent
- CPS worker guilty of CSC for sexual relationships with parents he was investigating for abuse/neglect
- Trial courts obligated to resolve challenged victim impact statement in PSIR
- Officers’ motive for a knock-and-talk of import in determining whether a “search” has occurred
- Does unconditional no contest plea waive ineffective assistance of trial counsel claim? Michigan Supreme Court to decide
- Is sex-offender registry “punishment”? Michigan Supreme Court set to decide
- Patients, beware: MMMA does not permit smoking in vehicle parked on public lot
- Steanhouse revisited: COA panel disagrees with “principle of proportionality” test.
- COA: Sentences issued prior to Steanhouse’s “principles of proportionality” test subject to remand
- MSC to determine whether defendant convicted more than once under SORA may also have sentenced enhanced as habitual offender
- MSC grants mini oral argument on whether OV score for predatory conduct is based on defendant’s own conduct or the conduct of accomplices
- MSC to hear mini-oral argument on whether People v Lockridge decision affects relief afforded for improper scoring of offense variables
- COA: Equitable estoppel applies where threats are made to kill or harm family members
- COA articulates standard for “reasonableness” of a departure from the sentencing guidelines in post-Lockridge world
- COA: Parole Board must interview prisoner before it decides whether to deny parole application
- COA: Restitution only available for victims named in the charged conduct
- COA: Registration as a sex offender is not “punishment”
- MSC: Consecutive sentence requires trial court to find that the two offenses arose from the same transaction
- COA: Where larceny is predicate offense to second-degree home invasion charge, trial court must not instruct on lesser-included offense of third-degree home invasion
- MSC to hear mini-oral argument on whether evidence of “dissimilar” acts of sexual abuse is admissible in CSC case
- COA: No time limit for trial court to correct Judgment of Sentence to impose lifetime electronic monitoring for CSC-I conviction
- COA: Gag order violated First Amendment
- MSC agrees to hear Swain innocence appeal
- COA: Application of mandatory sentencing guidelines after Lockridge requires remand to determine whether error is harmless
- COA: Where Old Chief stipulation is insufficient to prove element of offense, prosecution may introduce evidence of defendant’s prior driving history.
- COA: Restitution must arise out of defendant’s conduct that results in a conviction
- COA: Definition of “firearm” does not require weapon to be operable for purposes of MCL 750.227(2)
- COA: Reserve police officer is not a police officer for purposes of the resisting and obstructing statute
- COA holds that for Lockridge appeals, same remand procedure applies to claims of preserved and unpreserved error
- COA: Prisoners’ equal protection rights are not violated when they are foreclosed from seeking monetary relief for their injuries under the Elliot-Larsen Civil Rights Act
- COA: trial court may only consider conduct occurring at the time of the criminal offense to score OV 7
- COA: Jury must determine sentence for juvenile homicide offenders facing the possibility of life without parole
- COA: Defendant is entitled to withdraw plea if court did not comply with MCR 6.610(E)(4)
- MSC rules that mandatory Michigan Sentencing Guidelines are unconstitutional; sentencing guidelines are now advisory
- COA: Parolees are not immune from prosecution for prison escape under MCL 750.193
- MSC: There is no res gestae exception to MRE 404(b)
- MSC decides ninth MMMA case in just three years in latest attempt to clarify the law.
- MSC: Defendant is entitled to new trial because trial court’s conduct created appearance of advocacy or partiality against a party
- MSC rules that convictions for both OWI and OWI causing injury, arising out of same incident, violates double jeopardy
- COA: DNA is material to defendant’s identify under MCL 770.16(3) even where blood-type evidence at trial excluded defendant as perpetrator
- MSC: Is evidence of pre-arrest silence admissible if defendant fails to immediately come forward with a claim of self-defense?
- MSC to address the constitutionality of expanded “knock and talk” procedures
- MSC: Defense counsel ineffective for failing to engage expert to testify regarding victim’s cause of death
- MSC: Insanity is a potential defense to any crime
- MMMA revisited: MSC rules that whether drug “paraphernalia” meets the statutory definition depends on the item’s use
- MSC mini-oral argument: Is drug dog false alert sufficient for probable cause?
- MSC mini-oral argument: Is it a crime to steal fixtures from a home during the redemption period?
- COA: BB gun is not a dangerous or deadly weapon
- COA: strict liability for misdemeanor moving violation statute does not offend due process
- MSC grants mini-oral argument on question of whether officer lawfully entered a residence without a warrant
- MSC grants mini-oral argument on whether jury should have been instructed on second-degree child abuse in child death case
- MSC grants mini-oral argument on whether the rape shield applies to evidence of prior sexual abuse of a child
- COA rules that trial court may not impose consecutive sentence unless authorized by statute
- COA: Lifetime electronic monitoring of defendant convicted of second-degree criminal sexual conduct is constitutional
- MSC directs trial court to correct judgment of sentence that lists four first-degree murder convictions when only two people were murdered
- MSC grants mini-oral argument on whether reasonable mistake of age is a defense to third-degree criminal sexual conduct involving a 13 to 16-year-old
- MSC holds that MRE 803(7) permits a defendant to introduce evidence of an undocumented report of sexual abuse made to a school official
- MSC holds that presentence report must include sentencing guideline calculation for all offenses of conviction
- MSC grants mini-oral argument to consider whether defendant can be charged with felony under Election Code for forging signatures on nominating petition
- COA holds that a scooter is a “vehicle” under the Michigan Vehicle Code when operated on public roadways
- COA: Prior acts of CSC may not be excluded merely because jury may draw propensity inference
- COA holds that points under OV 4 must be supported by evidence of psychological harm to victim
- COA holds that defendant cannot be sentenced as both a general habitual offender and a SORA habitual offender
- COA holds that trial court lacks authority to dismiss criminal charges unless defendant remains incompetent to stand trial for full statutory 15-month period
- COA holds that trial court cannot order MSP to retest blood alcohol
- COA holds that trial court erred by charging defendant probation enhancement fee
- COA holds that defendant must register under SORA even where conviction for unlawful imprisonment of minor involved no sexual contact
- MSC directs COA to decide whether state’s failure to execute probation violation warrant, when it knew defendant was serving prison sentence out-of-state, entitles defendant to relief
- MSC grants mini-oral argument on question of whether obstruction of a license plate by a towing ball, in violation MCL 257.225(2), permits traffic stop
- MSC will consider whether trial court erred by admitting entire recording of interrogation and testimony regarding sexual abuse accommodation syndrome
- Trial court must have prosecutor’s approval to sentence defendant to drug treatment court, if doing so requires a departure from the defendant’s sentencing guideline range
- COA holds that failing to register as a sex offender is a strict liability offense
- COA upholds constitutionality of MCL 769.1k. Trial courts may impose any reasonably related court costs on criminal defendants
- MSC orders resentencing after determining the conspiracy offense to be a crime against public safety not against a person
- MSC to consider whether police officers’ false statements can be used against them in prosecutions for obstruction of justice
- MSC grants mini-oral argument on whether trial court’s failure to give jury instruction on effect of character evidence is reversible error
- Communications with mental health crisis line worker are not privileged where defendant made threats of violence against third parties
- COA affirms torture, home invasion, and assault convictions in one of the worst criminal cases it has ever seen.
- COA holds that prosecution must provide notice of intent to use other acts evidence in writing or orally in open court under MRE 404(b)(2)
- SORA survives another attack as COA holds that sex offender registration not “punishment” for purposes of the U.S. or Michigan Constitutions
- 29th Annual Health Law Institute
- Environmental Compliance: Regulation, Investigation, Enforcement and Litigation Annual Conference
- ARMA InfoCon 2023: Information in Motion
- Webinar — How to Utilize eDiscovery Tools to Gain Efficiencies in Due Diligence
- Warner 2023 HR Seminar
- Wire Transfer Fraud: Preventing and Mitigating this Rising Threat
- Webinar ─ Internal Investigations: Best Practices and Strategies to Protect Your Business
- Cannabis Law Seminar – Industry Insights and Trends From the Legal Perspective
- Webinar: Data Solutions Planning for 2021
- Webinar: Strategies for Reducing Litigation Spend During COVID-19
- OESA Event: 2020 Warner Legal Hot Topics
- Webinar: Medical Marihuana – Legal Answers to Your Tough Questions
- Data Solutions Fall Symposium
- 2015 March CLE Workshop
- Warner Attorneys Awarded Multiple Honors by Michigan Super Lawyers Magazine
- Warner Partner Madelaine C. Lane Named to Michigan Lawyers Weekly ‘Influential Women of Law’ Class of 2024
- Three Warner Partners Recognized as ‘Notable Women in Law’ by Crain’s Grand Rapids
- Warner Partner Madelaine Lane Named a Finalist for Crain’s Grand Rapids Business Newsmaker of the Year
- Warner Partner Madelaine Lane Honored With Warrior Award by Sacred Beginnings
- 66 Warner Attorneys Named Top Lawyers by Grand Rapids Magazine
- Warner Attorneys Selected for Multiple Honors by Michigan Super Lawyers Magazine
- Lane Interviewed by Fox2 Detroit on Michigan’s New No Holding Phone While Driving Law
- Warner Helps Secure First Gubernatorial Pardon for Trafficking Survivor
- Score One for Free, Fair Elections: Warner Secures Win for Kent County as Judge Quashes MyPillow Subpoena
- 18 Warner Attorneys Named to Rising Stars List by Michigan Super Lawyers Magazine
- Warner OESA Legal Corner Article: A Winning Strategy: Preparing For and Responding to Subpoenas
- Warner’s Adam Bruski, Amanda Fielder and Madelaine Lane Provide Pro Bono Support to The Joseph Project
- 51 Warner Attorneys Rated 2022 Top Lawyers by Grand Rapids Magazine
- Madelaine C. Lane Selected as One of the 40 Under 40 Business Leaders by the Grand Rapids Business Journal
- Michigan State Bar Recognizes Warner for Pro Bono Contributions
- 19 Warner Attorneys Named to Rising Stars List by Michigan Super Lawyers Magazine
- Warner’s Management Committee Welcomes Three New Members
- Lawyers Offer Creative Ways to Cut Down on eDiscovery Costs
- 20 Warner Attorneys Named to Rising Stars List by Michigan Super Lawyers Magazine
- Beware of Coronavirus Scams and Phishing Attacks Midland Daily News
- Schools News Network Features Warner’s Madelaine Lane in GRPS Education Article
- 25 Warner Attorneys Named to Rising Stars List by Michigan Super Lawyers Magazine
- 27 Warner Attorneys Named to Rising Stars List by Michigan Super Lawyers Magazine
- 24 Warner Attorneys Recognized as Top Women Lawyers by Michigan Super Lawyers Magazine
- Warner Partner to Star in New York Lyric Opera Production
- Warner to Host Webinar on Medical Marihuana
- 25 Warner Attorneys Recognized as Rising Stars
- Partner Madelaine Lane Makes Carnegie Hall Debut
- 26 Warner Attorneys Recognized as Rising Stars
- Warner Names Three Attorneys as Partners
- Madelaine C. Lane Named to Grand Rapids Student Advancement Foundation Board
- BDO’s Legal Tech Talk Podcast: Collaboration and Trust in eDiscovery
- Why You Need to Plan Ahead for Search Warrants + Subpoenas
- Litigation Strengths: Leveraging Legal Technology
- Supreme Court Removes Some Defenses to False Claims Act Liability for Government Contractors and Health Care Providers
- Lessons Learned from Google Litigation: Don’t Forget to Save Your Chats
- Filing for Bankruptcy? Truth is Critical
- Supreme Court Resolves Circuit Split and Holds that Wire Fraud Requires Deprivation of Traditional Property Interest
- Michigan’s New Distracted Driving Law: What You Need to Know
- What Would Your Employee Do If Served a Subpoena?
- Sixth Circuit Limits Scope of Anti-Kickback Statute and False Claims Act
- Crisis Response: When Law Enforcement + Media Intersect
- Second Circuit Rules Anti-Kickback Statute Means No “Corrupt Intent” Required for Liability
- Warner Partner Madelaine Lane Authors GRBJ Article on Corporate Compliance
- What to Do When an Employee Receives a Subpoena
- Warner’s eDiscovery Search Warrant and Subpoena Product Offerings
- Tips to Keep Tailgating Safe and Arrest-Free
- Presidential Pardon of Marijuana Possession: Users Beware
- Justice Department: Hate Crime Initiative
- Department of Justice Reauthorizes VAWA
- DOJ Remains Focused on Combatting Opioid Misuse
- DOJ Formally Ends Trump Administration’s China Initiative
- DOJ Focuses on Cryptocurrency Crime
- Travel Resumes: Time To Revisit Your FCPA Policy
- COVID-19 Fraud: The Next DOJ Focus
- Following a New Michigan Supreme Court
- eDiscovery: Not Just a Litigation Issue Anymore
- Is It Time for an eDiscovery Audit?
- Financial Housekeeping Tips for Cannabis Entrepreneurs
- Ask First, Record Second: A Reminder that State and Federal Eavesdropping Laws Apply While Working from Home
- Out of the Frying Pan, Into the Fire? Potential Civil and Criminal Liability Related to CARES Act Financial Assistance
- Beware of COVID-19 Scams and Phishing Attacks
- Stay Home, Stay Safe: How to Protect Your Employees and Your Business When Law Enforcement is Knocking on Your Door
- MSC: When does a trial court lose jurisdiction to resentence a defendant?
- When a misdemeanor is not a misdemeanor
- MSC to consider scope of rape-shield statute
- COA: Attempted crimes may be felonies for sentencing purposes; co-defendant convictions are used to score offense variables
- COA clarifies scoring of offense variable 4 of the Michigan Sentencing Guidelines regarding psychological injury to the victim
- MSC: Defendant may be sentenced as three-time felony-firearm offender even when prior convictions arose from a single incident
- MSC grants MOAA to consider whether defendant’s failure to prove plain error precludes finding of ineffective assistance of trial counsel
- COA: Criminal defendant cannot withdraw plea even if court erroneously informed defendant that maximum possible sentence longer than correct maximum sentence
- COA: Canine “sniff” search of vehicle after the completion of a traffic stop constitutes an unconstitutional seizure unless officer can articulate reasonable suspicion of criminal activity
- COA: Savage and senseless nature of murder is not sufficient evidence of premeditation under first-degree murder statute
- MSC grants MOAA to consider whether trial judge’s questions inappropriately influenced jury’s verdict
- Pay-up: Constitutional to require criminal defendants to pay costs
- MOAA: Was evidence of defendant’s prior firearms convictions permissible because it bore on wife’s credibility and was not a collateral issue?
- COA: Hearsay laboratory reports welcome at preliminary examination
- MSC: Trial court has discretion to hold evidentiary hearing to determine if search warrant affidavit is sufficient for probable cause
- COA: Defendant released early by clerical error is no longer under control of Dept. of Corrections, may not receive consecutive sentences
- COA: Defendant can withdraw plea if judge deviates from deal, but restitution is constitutional and need not be proportional
- Statute means what it says: any movement of victim to a place of greater danger supports OV 8 score.
- COA: Contract with the state does not create a legal duty, does not make the contractor a public officer
- COA: Restitution can be based on course of conduct, not just charges of conviction.
- When juvenile lifer (without parole) is resentenced, revised sentence has maximum term of 60 years
- Rape-Shield statute may not bar evidence of victim’s pregnancy, lack of prior sexual activity, and abortion in CSC case
- SCOTUS: The Door to the Jury Room Can be Opened if Evidence of Racial Bias
- Defendant who pleads and agrees to sentence at low end of incorrectly scored guidelines range is entitled to sentence under properly scored range
- MSC to hear MOAA on whether “intent to threaten” matters when threat made witness “unavailable”
- MSC to decide whether to take up case on standard of review for juvenile life-without-parole sentences
- MSC grants MOAA to consider proper jury instruction on rebuttable presumption of Self-Defense Act
- Location matters: mere possession of controlled substance within school zone, without intent to deliver the drugs in the zone, does not trigger enhanced statutory penalty
- COA: Although not a “child”, a fetus is a “victim” for purposes of scoring OV 9 under Michigan Sentencing Guidelines
- Making up for Lost Time: Lost Vacation Time is Lost Income under the Crime Victim’s Rights Act
- Police Beware: Consent to search dwelling for illegal drugs is not consent to seize defendant’s cell phone, wallet, and keys
- COA: Parole Board retains discretion where Governor commutes sentence to permit parole but fails to explicitly grant parole
- COA: Fetus is not a “child” for purposes of the first-degree child abuse statute
- COA: Court-appointed appellate counsel entitled to reasonable compensation for work done even when COA denies application for lack of merit
- COA: Defects in the plea taking process entitles a defendant to withdraw entire plea, not just “defective” portion of plea
- COA: Prosecution may not inform a defense witness of the possibility of prosecution for perjury
- COA on the MMMA: If it has roots, it’s a plant
- Trial Courts must provide spoken instructions to juries
- Only facts “admitted by the defendant” in court survive scrutiny under Lockridge
- Valid but not clearly visible temporary license plate provides valid justification for traffic stop
- COA: Felony sentencing cannot be done by videoconference
- Tobacco Products Tax Act is clear and unambiguous
- Trial courts must look to mandatory statutory sentencing range for convictions of indecent exposure as a sexually delinquent person not the sentencing guidelines
- No fishing allowed: Defendants may not access victim’s privileged records unless they have good faith basis to believe records contain information material to defense
- SORA suffers another blow: Requirement to register “routinely used” email addresses and cell phone numbers is unconstitutionally vague
- MSC holds that an individual can be charged with both election forgery and falsifying a name on a petition
- MSC: Reserve police officers are police officers when it comes to resisting arrest
- Trial counsel ineffective for failure to object to inadmissible hearsay testimony and failure to present evidence of other possible sources of victim’s injuries
- MSC: Conviction for SORA-2 subject to sentence enhancement under HOA
- Don’t step over that line: MSC to consider when knock-and-talk amounts to unconstitutional search
- Defendant’s 11th hour request to represent himself is untimely and denial of request is not grounds to reverse conviction
- A misdemeanor conviction not scored under PRV, still destroys the 10-year conviction-free period
- Evidence of prior acts of criminal sexual conduct is not always admissible under MCL 768.27a
- MSC: Predatory conduct of a co-offender not considered during sentencing
- Trial counsel is not ineffective for failing to request self-defense jury instruction when defense is not viable
- MMMA restricted again: Only “patients” and “primary caregivers” are entitled to §8 affirmative defense
- Swain will get a new trial in highly-publicized innocence case
- COA holds that violation of parole is not interfering with administration of justice
- Conviction for armed robbery does not require victim to have reasonable belief that defendant possesses weapon
- Driving drunk in driveway is not operating while intoxicated
- “Legal act” requirement still met when conspiracy participants agree to commit an illegal act in an illegal manner
- Defendant not guilty of home invasion for breaking into room of a house where defendant was lawfully present.
- A consecutive sentence cannot be ordered for an individual on federal supervised release as opposed to parole
- COA rules that a witness may be accompanied by a support animal when testifying
- COA: Trial courts have a heightened duty to determine the motivation on a Batson challenge where non-verbal communication is the alleged basis
- MSC grants MOA to consider whether CSC-I conviction requires lifetime electronic monitoring
- MSC grants MOA to consider whether failing to inform defendant of lifetime electronic monitoring makes CSC-I plea involuntary
- Driving with a bike rack or trailer hitch? Beware: it can get you pulled over
- MSC grants MOA to consider whether trial courts have limited discretion to hold hearing on sufficiency of certain affidavits
- Self-defense is still a valid affirmative defense to a charge of carrying a concealed weapon
- Trial courts have no authority to order Secretary of State to amend driving record after plea is withdrawn pursuant to delayed sentencing agreement
- Reliability of eyewitness identifications brought front and center in recent COA opinion
- COA upholds constitutionality of Michigan’s resisting/obstructing statute
- COA: Restitution not precluded on the basis of a full credit bid
- MSC grants MOA to consider whether the term “police officer” encompasses reserve police officers
- COA exposes uncertainty on impact of prosecutor knowingly offering perjured testimony
- MSC: Jury instructions on second-degree child abuse is not required when never requested at trial
- COA criticizes separate panel on the constitutionality of state statute addressing juvenile homicide offenders facing the possibility of life without parole
- Rethink passing court costs to defendants
- COA takes a look at the reliability of eyewitness identification
- Failure to timely object to child-witness’s unsworn testimony constitutes waiver, not forfeiture, despite contrary precedent
- Racial Discrimination By University Police And Security Officers
- “Stateside Podcast: Leslie King is a survivor. Now she’s helping other women,” Michigan Radio, Michigan’s NPR News Leader, January 17, 2023
- “Warner helps secure gubernatorial pardon for human trafficking survivor,” Grand Rapids Business Journal, January 13, 2023
- “Warner Norcross and Jud
- “Stateside Podcast: Leslie King is a survivor. Now she’s helping other women,” Michigan Radio, Michigan’s NPR News Leader, January 17, 2023
- “Warner helps secure gubernatorial pardon for human trafficking survivor,” Grand Rapids Business Journal, January 13, 2023
- “Warner Norcross and Judd,” The WGVU Morning Show with Shelley Irwin, January 11, 2023
- “‘All I could do was scream’: Leslie King, survivor of trafficking, has criminal record pardoned by Whitmer,” FOX17 West Michigan, January 11, 2023
- “Grand Rapids law firm helps secure pardon for human-trafficking survivor,” WOOD Radio Local News, January 10, 2023
- Attorney Spotlight, OESA Legal Corner, July 2022
Testimonials
“As counsel for the Diocese of Grand Rapids, Madelaine Lane has provided us outstanding service with her keen legal acumen and forthright guidance. Her professional character, excellent communication skills, and community engagement clearly merit her for consideration as a most notable attorney in West Michigan.” – Monsignor William H. Duncan, Vicar General, Diocese of Grand Rapids
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“As a juror in your recent federal criminal trial, I wanted to express that I very much enjoyed listening and watching your examination of the witnesses. At one point I wanted to cheer for you as you concluded! I thought all the attorneys were great ─ but I just truly enjoyed your work. You are an inspiring trial attorney and a female role model!!” – Juror from a federal criminal trial
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“As a survivor of human trafficking, I had charges on my record that could not be expunged due to the severity of the crimes. The crimes were committed while I was under a pimp’s control, which meant that whatever I was told to do I did, or else got beaten. Once I was out of that life and free, I founded the very first survivor-led peer mentorship program in the state of Michigan assisting victims of trafficking in reclaiming their lives and working to become productive members of society.
I went to college to become a social worker but was told that I could not get licensed due to my criminal background. I felt devastated and defeated. My criminal record still haunted me at every turn. And, twenty years later, I tried to get an expungement and was denied over and over again. I was then introduced to an attorney by the name of Madelaine Lane who works for Warner Norcross + Judd. Upon speaking with Madelaine concerning my past I was a little embarrassed and untrusting of others. Right away Madelaine put me at ease which allowed me to speak with her about my life and experience being trafficked.
Madelaine did the paperwork to get my record expunged and sent it to the necessary entity. Several weeks later I received a call from Madelaine stating that it was rejected but before I could speak, she said “Let’s go for a pardon.” I said okay, but was not enthused because of all the prior rejections.
Several days before Christmas of 2022, I received a call from the governor’s office stating that the governor had granted me a pardon! All I could do was scream while tears of joy ran down my face!
Without the excellent work of Madelaine Lane, none of this could have been possible. Madelaine I would like to thank you once again for all your hard work and perseverance concerning my case. I can finally say that I am FREE.” – Leslie King
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When law enforcement comes knocking at your door, your first call should be to Madelaine Lane. Madelaine is always my go-to attorney when a client is faced with a subpoena, search warrant or criminal charges. We have partnered for more than a decade on high-profile matters where the court of law intersects with the court of public opinion. Madelaine is knowledgeable and decisive, yet empathetic and understanding. Her broad experience with white collar crime and criminal law enables her to help clients navigate thorny and often emotional issues. Madelaine is practical and pragmatic, enabling clients to understand advantages and risks related to a particular course of action. She works to keep clients out of the courtroom yet is a fierce advocate when a trial is inevitable. Hyper-responsive to emails and texts, Madelaine is the best attorney to have in your corner when the outcome matters. – Mary Ann Sabo, President, Sabo PR LLC
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“Madelaine Lane is an excellent attorney who fights to achieve the very best results for her clients. She is bright and detail oriented and is respected by her peers. Along with the other attorneys from my agency, I have worked with Madelaine on numerous cases and admire her persistence. She is very easy to work with but also understands when to stand her ground with opposing counsel or the court.” – West Michigan Criminal Defense Attorney
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“Madelaine is a passionate advocate for our organization and staff, which is rare because we haven’t always had positive experiences retaining legal representation. We greatly value her responsiveness and legal guidance, and she has a knack for breaking down civil procedure legalese in a way we can easily comprehend. Her professionalism in court mitigates any anxiety I feel entering the courtroom because she speaks and handles herself with dignity and poise. It is evident that she respects others and is also well respected – even when opposing counsel vehemently disagrees with her position. Not only does she possess expertise in the law, she is a strategist through and through. Madelaine helps us quash subpoenas, drafts motions, and prepares us for depositions and courtroom testimony. Although I expect these services from her counsel, what is unexpected and delightful is the emotional support Madelaine provides to us. She empathizes and understands the anxiety caused by hearings and trials, and takes extra time and care to address the disruption and apprehension we feel when dealing with these matters.” – Litigation Client