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February 14 ,2025

Macomb County Prosecutor Peter J. Lucido named Robert A. Leonetti as his chief assistant prosecutor, the second-highest position in the prosecutor’s office.
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Macomb County Prosecutor Peter J. Lucido named Robert A. Leonetti as his chief assistant prosecutor, the second-highest position in the prosecutor’s office. As an attorney and former Macomb County commissioner, Leonetti brings a record of legal expertise, public service, and a commitment to accountability and transparency. Under Michigan law, the chief assistant performs the duties of the office in case of the absence, disability, or sickness of the prosecuting attorney.

Leonetti, a lifelong Macomb County resident, and East Detroit High School graduate, spent more than 28 years in private practice, specializing in criminal defense, family law, real estate, and bankruptcy. He earned a law degree from Wayne State University Law School.  He also earned a BA in Political Science from WSU.

In addition to his legal credentials, Leonetti served four years on the Macomb County Board of Commissioners, representing Harrison Township and St. Clair Shores.  He also testified in the Michigan Attorney General’s criminal corruption case in which the former Macomb County prosecutor was ultimately convicted, where Leonetti emphasized the importance of adhering to county commission resolutions compelling financial accountability and transparency.

“I’ve always believed that good governance starts with being a good steward of taxpayer dollars,” Leonetti added. “As a commissioner, I worked to ensure the county was transparent and our budget was spent wisely. As chief assistant prosecutor, I’ll continue that focus by helping Prosecutor Lucido lead an office that serves justice efficiently, economically, and ethically.”

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Bodman PLC
is pleased to announce that it has launched the Detroit Business Advocacy Team, a subgroup of the firm’s Business Practice Group focused on serving Detroit business owners.

The Detroit Business Advocacy Team’s goal is to assist Detroit entrepreneurs with legal and operational issues they face at all stages of their business’s life cycle, including formation, expansion, and future succession planning, so that owners can focus on pursuing opportunities for growth.

Detroit Business Advocacy Team members are active in various Detroit business communities and are frequent participants in Black Tech Saturdays and Michigan Black Business Alliance events including legal guidance workshops and networking opportunities. They often present to these groups on the importance of seeking experienced legal counsel when launching new business ventures.

Bodman Member David M. Walker leads the Detroit Business Advocacy Team. Walker has more than 25 years of experience as a business lawyer. He maintains a broad-based corporate law practice with a particular focus on representing start-up and small businesses, including many technology-based businesses.

Walker began his legal career with Bodman in 1998 before relocating to Atlanta where he founded his own law firm and developed close relationships within the local startup community. He returned to Detroit and Bodman in 2024 and has since helped establish ties between organizations that seek to support Detroit’s vibrant small business community and their counterparts in Atlanta.

To learn more about the Detroit Business Advocacy Team, visit www.bodmanlaw.com/practice/business/detroit-business-advocacy.

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John Gaber,
a partner with Birmingham-based full-service business law firm Williams, Williams, Rattner, & Plunkett (WWRP), has been named to the Michigan Lawyers Weekly 2025 list of “Go To Lawyers in Commercial Real Estate.”

Gaber brings experience in real estate, corporate, and commercial law to his legal practice. His real estate expertise includes property acquisition, development, land use and zoning, construction, financing, leasing, and disposition. In his work, he represents commercial real estate developers, owner-operators, shopping centers, retailers, landlords, and tenants. He helps clients with the entire acquisition, development and sale/leasing process, including obtaining difficult governmental zoning and land use approvals.

Gaber’s other legal honors include Best Lawyers® 2021 Real Estate Litigation “Lawyer of the Year” for Troy, Michigan Region; Best Lawyers in America; DBusiness Top Lawyers; and AV Preeminent Rating, Martindale-Hubbell. He is a member and frequent speaker on real estate legal topics for the International Center for Commercial Real Estate (ICSC) and State Bar Real Property Law Section Continuing Legal Education Committee. Gaber is also a Fellow of the American Bar Foundation.

Outside of law, Gaber is a committed and engaged member of his community. He has held various volunteer roles within the Rochester area, including with the Rochester Regional Chamber of Commerce Board, Rochester Downtown Development Authority Board, Rochester Community Schools, Rochester Hills City Council and Planning Commission, Rotary, Crittenton Hospital (now Henry Ford Health) and St. Paul United Methodist Church, among other organizations.

Gaber graduated from Wayne State University Law School and received a B.B.A. in finance from the University of Michigan.

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The law firm of Foster, Swift, Collins, & Smith PC elected officers to serve on its executive committee (EC) for 2025 including Ray H. Littleton who will serve as vice president of the firm’s Southfield office.

Littleton helps businesses and organizations address a wide range of litigation matters and disputes, specializing in five areas: insurance, health care, transportation, warranty claims, and employment disputes.

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Honigman
is pleased to announce its recognition by the World Trademark Review as a 2025 WTR 1000 ranked firm. Honigman is the only firm in Michigan to receive a Gold Firm ranking.  In addition to the firm receiving national recognition and regional rankings in Michigan and Washington, D.C., the following local attorneys have been named:

Anessa Owen Kramer
– Michigan
Julie E. Reitz
– Michigan
Deborah (Bea) Swedlow
– Michigan
Leigh C. Taggart
– Michigan

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Foley & Lardner LLP
recently announced the promotion of several lawyers to the firm’s partnership, effective February 1.  Among those promoted was Felicia O’Connor of the firm’s Detroit office.

O’Connor represents and counsels clients on a range of labor and employment issues including, wage and hour compliance, leave issues including the intersection between the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), sexual and other harassment issues, the Worker Adjustment and Retraining Notification Act (WARN) compliance, the Service Contract Act, and many other areas. She also has traditional labor experience including counseling on labor relations issues, responding to National Labor Relations Board (NLRB) charges, and conducting labor arbitrations.

O’Connor is a litigator in Foley’s Labor & Employment Practice and a member of the firm’s Automotive Industry Team.  She has experience working closely with many automotive suppliers and other manufacturers. She also has clients in a variety of other industries.

Prior to becoming a lawyer and joining Foley, O’Connor worked for a large technology and information company managing a team of website developers that spanned three countries.

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Varnum
attorney Jailah Emerson has been named to The National Black Lawyers Top 40 Under 40, an organization dedicated to recognizing and highlighting Black legal excellence.

The organization’s mission is to grow a nationwide network of top Black attorneys, while facilitating the exchange of timely legal insights, empowering members to uphold their roles as professional leaders.

Emerson is a member of Varnum’s Litigation and Trial Practice Team, specializing in complex commercial, family law, tax and insolvency litigation. She represents clients throughout the litigation process including hearings, depositions, trial and appellate proceedings. She assists clients with a range of commercial litigation issues, ranging from standard breach of contract claims to complex real estate disputes.

Outside of her practice, Emerson serves as vice president of the Women Lawyers Association of Michigan-Wayne Region and is an active member of the Federal Bar Association, State Bar of Michigan, Wolverine Bar Association, and Detroit Young Professionals.

Before joining Varnum, Emerson served as a legal intern at the U.S. Dept. of Justice and in the general counsel office of DTE. She also served as a legal extern to U.S. District Court Judge Victoria A. Roberts, Eastern District of Michigan. Beyond her legal practice, Emerson volunteers with the Umoja Debate League, an organization that uses debate as a vehicle to teach Detroit youth ages 11-18 transferable life skills.

In addition, Varnum is pleased to announce that Sarah Weston has joined the firm’s Banking and Finance Practice Team as a partner in the Birmingham office.

Weston is experienced in managing the full life cycle of commercial real estate finance transactions. She counsels developers, property managers, senior housing owners, retail center owners and office building owners on a variety of matters including financing, acquisitions, dispositions, real estate mortgage loans, construction loans, development agreements, joint venture arrangements and related commercial transactions.

Weston was named to HOUR Detroit’s list of Top Women Attorneys in Michigan and earned recognition as a Michigan Lawyers Weekly Up & Coming Lawyer. She has also been recognized as a Rising Star in Securities and Finance by Michigan Super Lawyers.

Weston graduated from Michigan State University College of Law and earned her undergraduate degree from MSU.  In addition to her legal work, she also serves on the Real Estate Committee for the Community Church of Birmingham.

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Dickinson Wright
is pleased to announce that Dennis Archer (retired chairman emeritus) has been inducted into the National Black Lawyers Hall of Fame. The induction ceremony took place on
January 26.

Established in 2023, the National Black Lawyers Hall of Fame inducts living African American attorneys who have contributed to the legal profession with their work on major legal cases, pivotal laws, and local and national policy. They have also served as powerful mentors and role models for the next generation of African American attorneys.

Archer joined Dickinson Wright in 1991 after serving as a justice of the Michigan Supreme Court. He then went on to serve two four-year terms as mayor of the City of Detroit (1994-2001) and earned national and international respect for his success in changing Detroit’s image and direction. After his run as mayor, Archer rejoined Dickinson Wright as chairman in 2002 and became chairman emeritus in 2010.

Archer is past president of the American Bar Association, as the first African-American ABA president in 2003, and has been active in several bar associations, eventually serving as president of the State Bar of Michigan, the Wolverine Bar Association, and the National Bar Association.

In addition to being inducted into the National Black Lawyers Hall of Fame, Archer has received The Order of the Rising Sun, Gold Rays with Neck Ribbon by the Emperor of Japan; the Lifetime Achievement Award by the Michigan Corporate Counsel of America; the ABA Medal, the highest award of the American Bar Association; and the Lifetime Achievement Award from Burton Awards.

Dickinson Wright is also pleased to announce that Michigan Lawyers Weekly named Erin Johnson (member, Troy) a “Go To Lawyer” for Real Estate.

“I am honored to be selected by Michigan Lawyers Weekly as a ‘Go To Lawyer’ for Real Estate. It is a privilege to be included with such a talented and accomplished group of attorneys,” Johnson said.

Johnson’s practice focuses on advising entities and individuals in the acquisition, disposition, leasing, development, and financing of industrial, office, retail, multi-family, and mixed-use projects throughout the United States.  Johnson is also experienced in a variety of corporate matters, including entity formation, organization, and governance.

Johnson was named a 2025 “Top Lawyer” in Real Estate by DBusiness Magazine and has been included annually as a “One to Watch” in Real Estate Law by Best Lawyers in America since 2021. 

She was also named a “Recommended Lawyer” in 2021 by The Legal 500, United States, and she is proud to have been recognized as a “Rising Star” in Real Estate by Michigan Super Lawyers from 2019 – 2022.  

In addition, Dickinson Wright is pleased to announce that the firm’s Trademark practices in Arizona, Michigan, Nevada, Washington, D.C., and Canada, along with several attorneys, have all been ranked in the 2025 edition of the WTR 1000.

Below are Dickinson Wright’s local rankings for the 2025 edition of the WTR 1000:

Michigan

Trademark Practice – Silver
John Artz
– Silver

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For the eleventh consecutive year, Brooks Kushman has been recognized as a WTR 1000 firm by the World Trademark Review. The guide recognizes the world’s top trademark law firms and practitioners in key jurisdictions.

In addition to recognition of the firm, WTR also distinguished shareholders Robyn Lederman, Molly Crandall, Hope Shovein, Rebecca Cantor, Elizabeth Janda, and Erica Klein as top trademark leaders in Michigan.

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Maddin Hauser
is pleased to announce that Leading Lawyers recognized 25 attorneys across numerous practice areas:

Stuart M. Bordman
– Franchise & Dealership Law; Tax Law: Business

David B. Deutsch
– Closely & Privately Held Business Law; Real Estate Law: Commercial; Securities & Venture Finance Law; Tax Law: Business; Trust, Will & Estate Planning Law

David M. Eisenberg
– Bankruptcy & Workout Law: Commercial; Creditor’s Rights/Commercial Collections Law

David H. Freedman
– Bankruptcy & Workout Law: Commercial; Closely & Privately Held Business Law; Creditor’s Rights/Commercial Collections Law; Real Estate Law: Commercial; Real Estate
Law: Finance

Martin S. Frenkel
– Real Estate Law: Commercial; Real Estate Law: Finance

Andrew M. Harris
– Commercial Litigation

David E. Hart
– Commercial Litigation; Creditor’s Rights/Commercial Collections Law; Real Estate Law: Finance

Mark R. Hauser
– Mergers & Acquisitions Law; Publicly Held Corporations Law; Real Estate Law: Commercial; Real Estate Law: Finance; Real Estate Law: Tax

Harvey R. Heller
– Commercial Litigation; Insurance, Insurance Coverage & Reinsurance Law; Professional Malpractice Defense Law: Including Legal/Technical/Financial

Robert D. Kaplow
– Tax Law: Business; Tax Law: Individual; Trust, Will & Estate Planning Law

Kathleen H. Klaus
– Civil Appellate Law; Commercial Litigation; Insurance, Insurance Coverage & Reinsurance Law; Professional Malpractice Defense Law: Including Legal/Technical/Financial

Gary A. Kravitz
– Closely & Privately Held Business Law; Franchise & Dealership Law; Real Estate Law: Commercial; Real Estate Law: Finance; Tax Law: Business

Charles M. Lax
– Employee Benefits Law, Tax Law: Business; Trust, Will & Estate Planning Law

Michael W. Maddin
– Closely & Privately Held Business Law; Real Estate Law: Commercial; Real Estate Law: Finance; Trust, Will & Estate Planning Law

Julie C. Mayer
– Insurance, Insurance Coverage & Reinsurance Law; Professional Malpractice Defense Law: Including Legal/Technical/Financial

Gary M. Remer
– Employee Benefits Law; Tax Law: Individual

Steven D. Sallen
– Closely & Privately Held Business Law; Environmental Law; Real Estate Law: Commercial; Real Estate Law: Finance

William E. Sigler
– Closely & Privately Held Business Law; Employee Benefits Law; Tax Law: Business; Tax Law: Individual; Trust, Will & Estate Planning Law

Ronald A. Sollish
– Closely & Privately Held Business Law; Employment Law: Management; Real Estate Law: Commercial; Real Estate Law: Finance

Geoffrey N. Taylor
– Trust, Will & Estate Planning Law

Julie B. Teicher
– Bankruptcy & Workout Law: Commercial; Creditor’s Rights/Commercial Collections Law

Stewart C.W. Weiner
– ADR Law: Commercial Litigation; ADR Law: Family; Commercial Litigation; Construction Law; Family Law

Marc S. Wise
– Employee Benefits Law

Steven M. Wolock
– Commercial Litigation; Insurance, Insurance Coverage & Reinsurance Law; Professional Malpractice Defense Law: Including Legal/Technical/Financial

Craig E. Zucke
r – Bankruptcy & Workout Law: Commercial; Creditor’s Rights/Commercial Collections Law

COMMENTARY: Black History Month - The origins and the celebration

February 14 ,2025

Dr. Carter G. Woodson (1875-1950) in February 1926 announced the first Negro History Week. February was ideal as it contained the birthdays of both Abraham Lincoln and Frederick Douglass.
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By Zenell Brown

Dr. Carter G. Woodson (1875-1950) in February 1926 announced the first Negro History Week. February was ideal as it contained the birthdays of both Abraham Lincoln and Frederick Douglass.

Negro History Week became Black History Month in 1970 when it was celebrated at Kent State where Oscar W. Ritchie (1909–1967) was the first African American to receive full-time faculty status at a predominantly white university in the state of Ohio (1943). He planted seeds of activism on the campus, was active in the local NAACP chapter, and was later named chair of the Sociology Department.

This month Kent State honors 55 years of Black History Month with “The Black Experience: Resiliency, Reclamation, Recovery.”

In 1976, President Gerald Ford, implored the nation to “seize the opportunity to honor the too-often neglected accomplishments of Black Americans in every area of endeavor throughout our history.” Hence, 1976 marks the bicentennial celebration of the United States as a nation and the birth of Black History Month.

The Charles H. Wright Museum of African American History is celebrating its 60th anniversary and continues to live its mission to “open minds and changes lives through the exploration and celebration of African American history and culture.”

Dr. Wright (1918-2002) opened the International Afro-American Museum on West Grand Boulevard in 1965 and conducted traveling tours of the artifacts before the museum moved to its current and permanent location in midtown Detroit. The “I, Charles Wright” exhibit is open during Black History Month.

“The Judge Damon J. Keith” interactive exhibit is a celebration of Judge Keith’s life of service and must see for all in the legal community.

During Black History Month, people from all backgrounds are invited to learn its origins, honor the contributors, and join the celebration.

Museum info can be found at www.thewright.org.
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Zenell Brown is the Region 1 administrator for the State Court Administrative Office. In this role, Brown serves as liaison to Wayne County’s 26 trial courts, including the 3rd Circuit, Wayne Probate, and 36th District.

COMMENTARY: Could Gaza turn out to be the new ‘Riviera’ of Mideast?

February 14 ,2025

Throughout my life, I have been pretty conservative in investments, thus I have missed out on many “should have” opportunities that ultimately led to huge financial successes.
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By Berl Falbaum

Throughout my life, I have been pretty conservative in investments, thus I have missed out on many “should have” opportunities that ultimately led to huge financial successes.

So, when President Trump proposed to move 2 million Palestinians out of Gaza and turn the 25-mile strip into a “Riviera of the Middle East,” my ears perked up. This could be it, the opportunity of a lifetime. No, it would not make me an Elon Musk, but I will take second place — even 20,000th place.

But considering Gaza as an investment created a quandary for me and my family. We have been saving funds to invest in North Korea because it was Trump who told North Korea’s leader, Kim Jong-un, at a summit in 2018, that the waterfront property in North Korea is perfect for mega-condos.

“North Korea has great beaches,” Trump told Kim. “You see that whenever they are exploding cannons into the ocean. I said, ‘Look at that view. Wouldn’t that make a great condo?’”

Trump said he advised Kim that instead of pursuing nuclear weapons, he should build the best hotels in the world on North Korea’s coastline to boost the country’s economy.

“Think of it from a real estate perspective,” Trump said at the time. He even played a tape for Kim which described plans for North Korea’s miles of beaches.
“He looked at that tape, at that iPad and, I’m telling you, he really enjoyed it,” Trump bragged to the media.

I immediately, researched maps and discovered that more than half of North Korea is surrounded by water. I told my wife, “We can’t miss out on this one.”
“What about that stuff of shooting cannons into the ocean,” my wife complained.

“You always pour cold water on my ideas,” I countered. “These kinds of deals don’t come along every day. Look, we’ll locate somewhere where the zoning laws don’t permit firing of cannons.”

I reminded my wife that Trump had promoted Gaza as a good investment months before when he told an interviewer that the strip could be better than Monaco.

“We didn’t do anything then,” I chastised my wife. “This time we have to move. Look at all the media coverage this received.”

Trump’s son-in-law, Jared Kushner, also had touted Gaza as a promising real estate investment, stating its beaches could be very valuable from a business perspective.

He described the Israel-Arab conflict as “nothing more than a real estate dispute.”

Now, through the years, I have heard criticism of Moses for not leading the Jewish people out of the desert to areas which had the oil. This was the first time I heard someone disparage Moses for his lack of vision for not recognizing real estate possibilities in the Holy Land.

Morton Klein, head of the Zionist Organization of America (ZOA), supported Trump’s Gaza proposal to develop an “oceanfront oasis as a paradise,” adding that he sees “God’s hand here...” With such insider information, I expect Klein to buy up as much land as possible in Gaza.

The only question for my family now is whether it’s Gaza or North Korea. We don’t have the financial resources for both. Should we choose Gaza and the Mediterranean or North Korea which is surrounded by the Sea of Japan, the Yellow Sea and the East China Sea?

I told my wife given Kushner’s analysis of the conflict, I would check the Old Testament and see if it offers any advice for real estate investments around Gaza.

Sure, it might be somewhat old — say, 5,000 years or so — but we may have missed some valuable nuggets because, unlike Kushner, we are sorely inept when it comes to biblical scholarship. Then there is Klein who hears the word of God in this.

I learned that Gaza, ruled by the Philistines, was important as a trade route, but it was not known for having unusually valuable real estate properties. No malls, skyscrapers, no condos. It was also in Gaza where Samson was deceived by Delilah and lost his strength. But when he regained it, he played havoc with an existing structure — and ruined at least one property when he “brought the house down.”

Then, I promised my wife I would check the hours during which North Korea test-fires its ballistic and supersonic missiles and from what beaches.

I pledged that if we decide on North Korea, we will stay away from the 38th parallel. While sitting on my deck, I don’t want South Koreans pleading with me to help them defect.

When my wife remained skeptical, I asked her to listen to what Trump’s press secretary, Karoline Leavitt, had to say about the president’s Gaza proposal.

Being totally objective, she commended the president for thinking, “Out of the box.”

Not one reporter in the press briefing room asked her if she plans to invest in North Korea or in Gaza.
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Berl Falbaum is a veteran journalist and author of 12 books.

COMMENTARY: Selecting the arbitrator – process and considerations

February 14 ,2025

This is the fourth article in a 12-part series on domestic arbitration, offering a clear guide through each stage of the process.
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By Harshitha Ram

This is the fourth article in a 12-part series on domestic arbitration, offering a clear guide through each stage of the process. In this installment, “Selecting the Arbitrator: Process and Considerations” we explore arbitrator selection process, qualifications to look for, and how parties can agree on a neutral arbitrator. Stay tuned for Part 5: “Preliminary Hearing: Setting the Stage for Arbitration” coming next month.

Arbitration is only as good as the arbitrator chosen to decide the dispute. The selection of the right arbitrator is a critical step in ensuring a fair, efficient, and effective resolution of business disputes. Unlike litigation, where a judge is assigned to the case, arbitration offers parties the opportunity to select their decision-maker. This flexibility comes with strategic considerations and procedural nuances that parties must navigate carefully.

Why Selection Matters


An arbitrator functions much like a private judge, responsible for making decisions on both procedural and substantive issues in a dispute. They weigh evidence, interpret contracts or laws, and render a final, binding (or sometimes non-binding) award. The arbitrator’s expertise, impartiality, and decision-making approach are critical, as they directly influence the outcome of the arbitration process. Selecting the right arbitrator can mean the difference between a streamlined, well-managed resolution and a contentious, drawn-out ordeal. For instance, in a dispute between a tech company and a software vendor over a failed project, an arbitrator with a strong background in IT contracts and project management can efficiently assess technical evidence, interpret complex agreements, and deliver a fair resolution. In contrast, an arbitrator lacking such expertise might struggle to grasp the nuances, leading to delays, higher costs, and a less satisfactory outcome. Selecting the right arbitrator is thus critical to ensuring a streamlined, well-managed process and a just result.

Approaches to Selecting an Arbitrator


The selection of an arbitrator depends on the arbitration agreement, the governing rules, and the preferences of the parties. In many commercial disputes, parties may mutually agree on a sole arbitrator, either directly or through a list exchange process. A well-drafted arbitration clause often includes specific provisions on arbitrator selection, reducing uncertainty in the event of a dispute. For larger disputes, a three-member tribunal is often used, where each party appoints one arbitrator, and the two selected arbitrators then choose the presiding arbitrator. This method ensures both parties have input while maintaining neutrality. If parties cannot agree, institutional appointment may be necessary. The rank-and-strike method is a common approach used in institutional arbitration for appointing arbitrators. In this process, each party receives a list of potential arbitrators from the institution and ranks them in order of preference. The parties then “strike” (remove) a certain number of candidates they find unacceptable. The institution reviews the remaining candidates and appoints the arbitrator with the highest combined ranking. This method balances party autonomy with institutional oversight, ensuring a fair and mutually acceptable selection while maintaining efficiency in the arbitration process In rare cases where parties fail to reach an agreement and the arbitration clause lacks clarity, courts may intervene to appoint an arbitrator. While judicial appointments are uncommon, they emphasize the importance of drafting precise arbitration clauses to preserve party autonomy and avoid unnecessary court involvement.

Critical Factors in Choosing the Right Arbitrator


When selecting an arbitrator, parties must carefully evaluate several critical factors to ensure a fair and efficient resolution. Expertise and industry knowledge are paramount, as arbitrators with subject-matter proficiency can navigate complex disputes more effectively. For instance, a construction dispute may benefit from an arbitrator with engineering experience, while financial services disputes require deep knowledge of securities regulation. Equally important is legal and procedural experience—an arbitrator must not only understand the substantive issues but also possess strong arbitration law expertise, familiarity with institutional rules, and a firm grasp of procedural fairness. Impartiality and independence are fundamental to the arbitration process, requiring arbitrators to disclose any potential conflicts of interest or biases, following established guidelines such as those set by the International Bar Association (IBA). Additionally, an arbitrator’s decision-making style and case management approach can significantly impact proceedings. While some arbitrators enforce strict timelines and discourage delays, others adopt a more flexible approach. Their inclination toward a rigid application of the law versus a more equitable resolution also plays a role in shaping outcomes. Reputation and references further guide the selection process—analyzing past awards, published opinions, and feedback from legal professionals can offer valuable insights into an arbitrator’s approach and reliability. Lastly, availability and efficiency must not be overlooked. Since arbitration is designed to be a time-efficient alternative to litigation, ensuring the arbitrator has sufficient bandwidth to dedicate to the case is crucial in preventing unnecessary delays.

Challenges and Pitfalls in Arbitrator Selection


Arbitrator selection comes with several challenges that parties must navigate carefully. Lack of diversity remains a persistent issue, as arbitrator pools are still dominated by a select group of professionals. To enhance the dispute resolution process, parties should consider diverse candidates who bring different perspectives. Another concern is tactical appointments and bias risks in party-appointed arbitrations, where an arbitrator may be perceived as favoring the party that selected them. Additionally, parties often place an overemphasis on high-profile arbitrators, prioritizing credibility and reputation over practical considerations. While experienced arbitrators bring authority to proceedings, they often have heavy caseloads, leading to delays. A balanced approach that weighs both experience and availability is essential for an efficient arbitration process.

The Art and Science of Arbitrator Selection


Selecting an arbitrator is a strategic decision that requires balancing legal knowledge, industry expertise, neutrality, and case management skills. A well-chosen arbitrator can ensure an efficient, fair, and enforceable resolution to a dispute. As arbitration continues to evolve, parties must refine their approach to arbitrator selection to maximize the benefits of the process.

Stay tuned for next month’s installment, where we will delve into “Preliminary Hearing: Setting the Stage for Arbitration.” An in-depth look at the preliminary hearing, including establishing a procedural timetable, discovery schedule, and setting ground rules for the arbitration.
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Harshitha Ram is an international disputes attorney, arbitrator, mediator, lecturer in law, and the president of the Global Arbitration Mediation Academy (GAMA). To learn more, visit: www.harshitharam.com  www.adracademy.us.

Legal People ...

February 07 ,2025

The Michigan Supreme Court (MSC) recently announced the selection of Kimberly K. Muschong as its new reporter of decisions. Muschong becomes the second woman to hold the post since it was created in 1838 to support the Supreme Court and publish the official Michigan Reports. She succeeds the first woman to fill the position, Kathryn L. Loomis, who recently became the Michigan Court of Appeals (COA) research director following nearly eight years serving as MSC reporter of decisions.
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The Michigan Supreme Court (MSC) recently announced the selection of Kimberly K. Muschong as its new reporter of decisions. Muschong becomes the second woman to hold the post since it was created in 1838 to support the Supreme Court and publish the official Michigan Reports. She succeeds the first woman to fill the position, Kathryn L. Loomis, who recently became the Michigan Court of Appeals (COA) research director following nearly eight years serving as MSC reporter of decisions.

“I am a firm believer in the ‘every word matters’ mantra of the Reporter’s Office,” Muschong said, “so I am extremely honored and proud to have the opportunity to uphold that high standard as I take on this new role.”

Muschong most recently served as a research supervisor for the COA Research Division since 2018 and brings nearly 25 years of experience in the court system in Michigan—contract, research, and prehearing attorney positions in the COA; law clerk for former MSC Chief Justice Robert P. Young Jr.; publications team and research attorney specialist in the Michigan Judicial Institute within the State Court Administrative Office; and law clerk in the Oakland County Circuit Court. In addition to court positions, she has also worked as a legal editor at LexisNexis.

Muschong earned a Bachelor of Arts degree in English from the Honors College of Oakland University, and a law degree from Michigan State University College of Law.

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University of Detroit Mercy School of Law
announced that Erin Archerd, associate professor of law, will serve as the next associate dean of academic affairs. She began this appointment at the beginning of the Winter 2025 term.

“After a decade as a faculty member, I am honored to serve the law school in this role,” stated Archerd. “I look forward to working with our students, faculty, and staff in this new capacity.”

Archerd joined the faculty at Detroit Mercy Law in 2015 and was granted tenure in 2020. Her research and teaching interests include alternative dispute resolution, beer law, commercial law, education law, and Latino law and policy. She is the author of numerous law review articles and book chapters. She teaches a range of courses, including Contracts, Sales, Alternative Dispute Resolution, and Mediation.

Archerd is the faculty advisor of the Law Review and the Hispanic and Latino Law Students Association. She previously served as chair of the State Bar of Michigan Alternative Dispute Resolution Section, chair of the Association of American Law Schools Section on Education Law, and as co-chair of the American Bar Association Section on Dispute Resolution Ethics Committee. The Detroit Bar Association selected her as a Fellow in 2024 and she currently sits on their board.

She received the University of Detroit Mercy Faculty Achievement Award in 2020. Prior to joining academia, she was an associate at Covington & Burling LLP.

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Plunkett Cooney
partner Frank T. Mamat was recently elected to serve a two-year term as a member of the council for the Labor and Employment Law Section of the State Bar of Michigan.

The council serves as the governing body of the section, providing general supervision and direction on the affairs of its more than 2,000 members. The Labor and Employment Law Section provides education, information and analysis of topical issues through meetings, seminars, the section’s website, public service programs and newsletters.

A partner of Plunkett Cooney, Mamat utilizes his more than 50 years of experience to help companies, contractors, employers, lawmakers and trade associations resolve union matters. His expertise includes contract negotiations, elections, union avoidance and labor arbitrations. He also advises clients on noncompete agreements, unfair labor practice litigation, harassment suits, wage and hour issues and OSHA-MIOSHA safety matters.

In addition, Mamat’s experience includes the resolution of National Labor Relations Board matters, attempted union organization, mass picketing and violence, and secondary boycotts and pressure. His clients also rely on his counsel and advice on ERISA trust funds and related fiduciary liabilities.

Mamat has been honored by Best Lawyers in America, Michigan Super Lawyers, DBusiness magazine’s Top Lawyers, the Labor Relations Institute’s Top 100 Labor Lawyers in the U.S., The American Lawyer’s Top Lawyers, and The American Registry’s Top Lawyers in Michigan.

Mamat received his undergraduate degree from the University of Rochester in 1971 and his law degree from Syracuse University College of Law in 1974.

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Dickinson Wright
is pleased to announce that Anthony Piccirilli has joined the firm’s Troy office as an associate.

Piccirilli focuses his practice in litigation and construction. He has represented clients in multiple trial courts throughout Michigan. His experience includes factually contentious pretrial discovery, and he has enjoyed success in oral advocacy between tribunals. He also represents clients from all corners of the construction industry, including commercial and industrial contractors, subcontractors, and material suppliers.

Piccirilli is a member of the State Bar of Michigan’s Young Lawyers Section, the Macomb County Bar Association, the Italian-American Bar Association, and the Detroit Area Construction Association. He serves as a moot court judge for the University of Detroit Mercy School of Law, Patrick A. Keenan Competition, Moot Court Board of Advocates.

Piccirilli received his B.S. from Oakland University School of Business and his law degree from the University of Detroit Mercy School of Law.

•            •            •

Warner Norcross + Judd LLP
has welcomed Marisa R. Brunetti as an associate.  

Brunetti joins Warner’s Litigation and Dispute Resolution Practice Group where her practice focuses on complex commercial and real estate disputes. In her corporate practice, she helps clients navigate contract disputes, business torts, supply chain challenges, insurance law and product liability. In her real estate practice, she tackles an array of property-related matters, including real property and construction disputes, architectural and engineering liability, riparian rights and water law issues. Brunetti will practice in the firm’s Macomb County office.

Prior to joining Warner, Brunetti was an associate with Plunkett Cooney in Bloomfield Hills and served as a judicial intern for Macomb County Circuit Court Judge Mark S. Switalski. Licensed to practice law in Michigan and West Virginia, Brunetti previously worked in Charleston, West Virginia as an associate at Robinson & McElwee PLLC and as an assistant prosecuting attorney for Kanawha County.

Brunetti earned two bachelor’s degrees, in public policy and political science, from the University of Charleston in West Virginia. She earned a law degree from Cooley Law School.

•            •            •

The Criminal Defense Attorneys of Michigan (CDAM) is pleased to announce the appointment of Christine A. Pagac as its new amicus administrator. In this role, Pagac will oversee CDAM’s amicus curiae (friend of the court) efforts, ensuring that Michigan’s criminal defense attorneys remain informed about key legal developments in the Michigan Supreme Court, Court of Appeals, and other courts.

As amicus administrator, Pagac will be responsible for identifying and tracking important appellate cases that could impact criminal defense law in Michigan. She will work closely with CDAM’s
leadership to determine where the organization can provide valuable input by submitting amicus briefs—documents that offer legal analysis and policy arguments to help courts make informed decisions. Additionally, she will coordinate and support CDAM’s volunteer brief writers, providing them with guidance and resources to effectively advocate on behalf of the defense bar and the rights of the accused.

•            •            •

Suzanne Miller
has been recognized by Michigan Lawyers Weekly as a 2025 Go To Lawyer in Commercial Real Estate announced yesterday.

Miller is a member based in Miller Johnson’s Detroit office, practicing in the areas of Real Estate, Tax, and Corporate Law.  Miller’s practice includes all forms of real estate transactions and developments, acquisitions, dispositions, financing, opinion letters and property tax appeals.  Miller specializes in tax matters related to state and local tax, mergers and acquisitions and commercial real estate transactions.  Miller also has experience in shareholder matters, corporate governance, entity formation and general business transactions.

As part of her selection, Miller’s signature accomplishment of recently representing the purchaser in the financing and acquisition of a $1 billion portfolio of 27 operating properties was highlighted. 

This past year, Miller’s practice included representing a large medical device manufacturer in the sale of its headquarters to a hospital system and representing a municipality in a “land swap” which will result in a new fire station for the municipality at no cost to that municipality.  She has also represented a client purchasing property for the development of a pickle ball facility and another client in the acquisition of a wellness retreat which will service nonprofit executives.  Miller also handles high profile matters for public figures and governmental officials in areas relating to real estate, acquisitions, and tax.

•            •            •

Austin W. Probst, Margaret Lindauer,
and Tyler Knurek join several other Kemp Klein attorneys by joining the Oakland County Bar Foundation.

The OCBF promotes and funds programs designed to increase access, affordability, and understanding of the law and legal system. The Fellows program provides critical support for OCBF programs. It also provides a setting for dedicated individuals to come together in professional camaraderie to support the cause.

•            •            •

Bodman PLC
is pleased to announce that Leslie Y. Vázquez has joined the firm as a conflicts attorney in the firm’s Detroit office.

As a conflicts attorney, Vázquez helps manage potential ethical conflict issues related to new clients, business opportunities, and lateral hires.

Before joining Bodman, Vázquez was a compliance administrator and associate legal counsel for a Michigan-based investment advisory firm.

Vázquez graduated from Michigan State University College of Law and received her undergraduate degree from the University of Michigan. She also earned an M.B.A. from Michigan State University Eli Broad College of Business.

•            •            •

Taft
welcomes Vincent Sallan to the firm’s Commercial Litigation practice in the Detroit office.

Sallan focuses his practice on complex commercial litigation, general business disputes, employment law, and constitutional law. He has experience across various industries, including healthcare, telecommunications, real estate, financial services, and insurance. He is skilled in practicing before state and federal trial courts, appellate courts, as well as administrative bodies.

Sallan earned his law degree from Wayne State University Law School and his bachelor’s degree in political science from the University of Michigan.

•            •            •

Brooks Kushman
is pleased to announce that Shareholders John Rondini and Christopher Smith have been elected by their peers to serve as the firm’s new co-chairs of Litigation. Rondini joined the firm in 2006 and Smith in 2010, both have been critical members of the team since then.

“I’m honored to step into this leadership role and look forward to driving the growth of our litigation team into new and dynamic practice areas. By expanding our expertise, we can continue to meet the evolving needs of our clients and position Brooks Kushman as a leader in innovative legal solutions,” says Rondini.

Rondini is an attorney with knowledge in litigation, negotiating settlements, and licensing agreements. His experience includes assessing a client’s current cybersecurity and data privacy protocols and developing a comprehensive incident response plan to ensure compliance with applicable laws. Rondini’s practice includes representing clients in patent prosecution, litigation, and cyber security and data privacy matters. He has represented client’s litigation matters at the district court and appellate level, as well as, before the International Trade Commission, and has actively managed each stage of litigation from pre-suit pleadings through trial, and through appeal. John has also managed the patent prosecution docket for clients that range from Fortune 500 companies to individual inventors. His prosecution experience includes handling a patent application from an initial draft through allowance.

“It’s a privilege to lead a team of such talented litigators. I’m dedicated to mentoring and training the next generation of attorneys, ensuring that we not only deliver exceptional results for our clients but also cultivate a legacy of excellence and leadership within our firm,” says Smith.

Smith is an intellectual property attorney specializing in patent litigation, IP counseling, licensing, and patent and trademark prosecution. With experience representing clients across industries including automotive, medical devices, internet technologies, and telecommunications, Smith brings technical expertise and strategic insight to his practice. In 2024, he was honored with the Law360 MVP Award, an accolade given to only six IP attorneys nationwide, recognizing his exceptional influence in the field. A registered patent attorney, Smith combines his litigation acumen with a strong background in patent prosecution, enabling him to deliver strategies for Fortune 500 companies and startups alike.

COMMENTARY: U.S. Supreme Court is unabashedly liberal - in its writing style

February 07 ,2025

(THE CONVERSATION) The current Supreme Court has upended historic precedent on abortion protections and drawn scrutiny for ethics conflicts, while its docket remains packed with high-profile cases set to dominate headlines in the months ahead.
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By Jill Barton
University of Miami

(THE CONVERSATION) The current Supreme Court has upended historic precedent on abortion protections and drawn scrutiny for ethics conflicts, while its docket remains packed with high-profile cases set to dominate headlines in the months ahead.

Yet one of its lesser-known departures from the past lies in its approach to punctuation.

Justice Neil Gorsuch boldly departed from court tradition in 2017 with his first Supreme Court opinion. In 11 pages, he used 15 contractions. He even used one in the first paragraph: “That’s the nub of the dispute now before us,” he casually stated.

Gorsuch’s predecessor, the late Justice Antonin Scalia, was known as a gifted, dramatic writer. Scalia thought that contractions – combining two words with an apostrophe into a shorter form, such as “don’t” in place of “do not” – were “intellectually abominable.”

Gorsuch’s strikingly informal phrasing signaled a shift toward a more modern, conversational writing style by all nine justices.

While the court’s politics have veered right, the justices’ prose has arguably shifted left, becoming more liberal and accessible. Today’s Supreme Court unanimously and actively embraces a progressive writing style, rebelling against old-school grammar rules, according to my study of 10,000 pages of opinions from the past decade.

Twitter touts #GorsuchStyle


The first opinion assigned to new justices is usually a slog. In a kind of hazing tradition, they are typically assigned to write on a tedious legal issue that easily wins unanimous agreement.

Gorsuch used his short opinion on the dry topic of debt collection to declare a more colloquial style. In Henson v. Santander, the Harvard Law graduate spoke directly to readers, using “you” and variations of that personal pronoun 17 times, something his colleagues rarely did. Gorsuch wrote with apparent nonchalance, calling a debt collector “the repo man.”

Journalists and court watchers took notice, brewing an online conversation about #GorsuchStyle.

Now, most of the justices use contractions. Arguing that creativity would be stifled in a copyright infringement case, Justice Elena Kagan insisted: “And there’s the rub. (Yes, that’s mostly Shakespeare.).”

Hey, you - I’m talking to you


While Gorsuch might have sharpened the quill of the court’s writing revolution, all nine justices now write more casually to reach an increasingly savvy public. A few justices even drop oh-so-casual exclamation marks in their opinions.

“The majority huffs that ‘nobody disputes’ various of these ‘points of law,’” Kagan decried in a 2021 dissent against a decision curtailing voting rights. “Excellent! I only wish the majority would take them to heart.”

In its 2023-24 term, my research finds, the justices appealed to readers using “you” and variations of it nearly 300 times in their 60 opinions – up 40% from five years ago.

“A police officer can seize your car if he claims it is connectedto a crime committed by someone else,” Justice Sonia Sotomayor told readers, dissenting in a 2024 seizure case.

Deploying both “you” and a contraction, Justice Ketanji Brown Jackson recently quipped in a 2024 criminal bribery decision: “But you don’t have to take my word for that.”

Given that many good writers – lawyers, academics and journalists among them – avoid personal pronouns as a matter of style, the justices’ new direction shows a surprising lack of formality.

The writing style of the justices today starkly contrasts that of their predecessors, who commonly used dense wording and labyrinthine sentences. Take this 1944 line from Justice Robert H. Jackson, whom several justices name as the writer they admire most:

“But here is an attempt to make an otherwise innocent act a crime merely because this prisoner is the son of parents as to whom he had no choice, and belongs to a race from which there is no way to resign.”

His writing feels lyrical and powerful but is in no way playful or personal.

Chief Justice John Roberts, known for his rhetorical prowess, has long lamented that the media must summarize and translate the court’s lengthy opinions for the public. In 2017, he praised the monumental desegregation decision, Brown v. Board of Education, for its brevity.

At just 10 pages, Roberts said, newspapers “had to publish the whole thing so that people could read it. They didn’t get to say, ‘Oh, this is what this means.’”

Good, clear writing has power


The court’s embrace of a more accessible writing style comes as its own popularity is plummeting. While 80% of Americans viewed the court favorably in the mid-1990s, only about 50% do now.
The 2022 decision to overturn Roe v. Wade was particularly controversial, inciting two years of protests by abortion-rights supporters and a national argument over reproductive rights. But even conservative critics decried the court’s July 2024 decision to broaden presidential immunity in Trump v. United States as “a mess” and an “incoherent” “embarrassment.”

Roberts, who began his career as a young lawyer in the Reagan administration, has earned a reputation for taking a measured, long-term approach to avoid controversy, and he strives to unify the justices in consensus. The first few opinions of the 2024-2025 term, including the decision to ban TikTok, were unanimous – as are roughly 50% of the court’s decisions, though these tend to address less contentious issues.

But leaks of draft opinions and memos about the justices’ confidential deliberations paint a picture of a storied institution in disarray. Scrutiny of the Supreme Court is mounting, and critics, including former President Joe Biden, have called for a binding ethics code and term limits.

For the Roberts Court, the challenge ahead lies in securing its legitimacy among a deeply polarized American public. The justices making their opinions more approachable may be a small gesture in that direction.

“The thing about the Supreme Court that I think is so magnificent is that the justices get to actually explain their votes,” Jackson told NPR on Sept. 4, 2024. “We are the one branch of government in which that is the standard.”

Can clear, powerful arguments presented in plain, straightforward language help rebuild trust in the institution? The justices’ subtle shift toward modernizing their writing suggests they believe it might.
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The Conversation is an independent and nonprofit source of news, analysis and commentary from academic experts. This article is republished from The Conversation under a Creative Commons license.