Columns

Legal People ...

June 20 ,2025

Dickinson Wright is pleased to announce that several attorneys within the firm’s Michigan offices are listed as 2025 IP Stars by Managing Intellectual Property.
:  
Dickinson Wright is pleased to announce that several attorneys within the firm’s Michigan offices are listed as 2025 IP Stars by Managing Intellectual Property.

Below is a list of local Dickinson Wright attorneys who are listed as 2025 IP Stars:

—Troy

William H. Honaker,
Patent, Copyright, and Trademark Star
Steven L. Oberholtzer,
Patent and Trademark Star
Daniel D. Quick,
Copyright and Trademark Star

•            •            •

Brooks Kushman
is proud to announce its continued recognition in the 2025 Chambers and Partners guide as one of the top intellectual property firms in Michigan. This marks the firm’s ninth consecutive year being ranked among Michigan’s leading IP law firms

In the 2025 Chambers USA rankings, Brooks Kushman is listed in Band 2 for Intellectual Property in Michigan. 

Additionally, Frank Angileri has been named a Senior Statesperson in the Intellectual Property category for Michigan. 

Angileri focuses his practice on complex IP litigation and post-grant proceedings. He has served as lead trial counsel in patent, trade secret, trademark, and copyright cases across the country, including federal courts, the Court of Appeals for the federal circuit, and the International Trade Commission.

Angileri’s litigation experience spans a wide range of industries, including automotive, software, consumer products, and electronics. He previously served as co-chair of the firm’s Post-Grant Proceedings practice, where he represented clients in more than 70 proceedings before the Patent Trial and Appeal Board (PTAB).

•            •            •

Foley & Lardner LLP
is proud to once again be recognized by Chambers & Partners as one of the leading law firms in the country in the 2025 edition of Chambers USA: America’s Leading Lawyers for Business.

The firm received 53 practice rankings, including 11 national rankings and 12 Band 1 placements. Additionally, 126 Foley attorneys across 20 of the firm’s offices earned individual rankings, with 22 ranked nationally and 22 recognized in Band 1.

In Michigan, the firm was ranked for Corporate/M&A and Litigation: General Commercial.

Local Foley attorneys ranked included:

Daljit Doogal,
Corporate/ M&A (Eminent Practitioners)
Gjina Lucaj,
Corporate/M&A
Omar Lucia,
Corporate/M&A
Norman Ankers,
Litigation: General Commercial (Band 1)
Vanessa Miller,
Litigation: General Commercial

•            •            •

McDonald Hopkins
is pleased to announce the local attorneys that have been recognized by Chambers USA in its 2025 guide:

Stephen Gross,
Bankruptcy/ Restructuring

Dominic Paluzzi,
Ranked nationally for Privacy & Data Security: Cybersecurity

Antoinette Pilzner,
Employee Benefits & Executive Compensation

•            •            •

Intellectual property law firm Fishman Stewart PLLC is pleased to announce founding partner Michael B. Stewart and partner Cecily O’Regan have again been included in the IAM Patent 1000: The World’s Leading Patent Professionals – 2025. The firm is also recognized again, boosted from the recommended level in 2024 to the bronze level this year. 

In this year’s edition, Stewart received a new silver ranking in the category of patent litigation and is again listed as recommended in the patent prosecution category.  

As co-founder of Fishman Stewart and a master’s level experienced engineer, Stewart is a strategic adviser to CEOs and senior executives across the globe. He develops IP management strategies for U.S. and foreign-based companies, from middle market to Fortune 500, to safeguard their business assets throughout the world. 

Stewart has experience managing, administering, and conducting worldwide projects involving updating ownership records of large intellectual property portfolios and applies a comprehensive, cross-disciplinary approach to maximize the scope of intellectual property protection and beneficial usage. His litigation experience includes both trials and oral arguments before the Court of Appeals for the federal circuit, and he is admitted before the United States Supreme Court.

O’Regan, who joined Fishman Stewart in 2024 to anchor their California and Massachusetts tech hub presence, is also receiving repeat recognition on the list as recommended in the patent prosecution category. As an entrepreneurial patent professional, O’Regan combines legal, academic, and business credentials with her hands-on experience to provide strategic, market-focused patent portfolio development and intellectual property advice for clients. She is a veteran Silicon Valley IP practitioner and has a passion for helping entrepreneurs identify their sustainable competitive advantage and create value in their business.

•            •            •

BSP Law
is honored to announce that it has been ranked in the Chambers USA Guide 2025. This year, BSP Law maintained its Band 1 ranking for Product Liability: Automobile (USA – 
Nationwide) and obtained a Band 2 ranking for Litigation: General Commercial (Michigan).

BSP Founding Member Patrick Seyferth also received Band 1 rankings for his work in Product Liability: Automobile (USA – Nationwide) and Litigation: General Commercial (Michigan). BSP Member Moheeb Murray received a Band 1 ranking for his work in Insurance (Michigan) and BSP Member Roger Meyers received a Band 2 ranking in Litigation: General Commercial (Michigan).

BSP is also pleased to announce that Partner Lena Gonzalez has been selected as program chair for the Eastern District of Michigan Bar Association.  The ceremony took place on Thursday, June 5, at the association’s Annual Dinner at the Westin Book Cadillac Hotel in Detroit.

In addition, BSP Law Member Roger Meyers has been announced as the incoming president of the Detroit Bar Association for the 2025-2026 term.  He was previously the president-elect for the 2024-2025 term and was formally sworn in on June 12 at the DBA’s Annual Raising the Bar Dinner held at the Detroit Golf Club.

Also at the DBA, BSP Law Associate Heather Gin has been named board secretary of the Detroit Bar Association’s Barristers Board.  She previously served as a board member for the Barristers and has been given the honor of being named board secretary for the 2025-2026 term.

•            •            •

Honigman LLP
Intellectual Property Partner Anessa Owen Kramer was recognized by the World Trademark Review (WTR) on its 2025 Global Leaders: Private Practice list. 
Kramer, specializes in managing large international trademark portfolios. Her experience touches all areas of trademark law, with a particular emphasis on enforcement and counseling on complex trademark issues and disputes. She was previously recognized by WTR as a Global Leader and named in the WTR 1000 since 2015.

•            •            •

Thirty-four Miller Canfield attorneys and 11 of the firm’s practice groups have earned rankings in Chambers USA’s 2025 edition. 

Miller Canfield earned rankings in Michigan and Illinois in the areas of immigration, intellectual property, labor and employment, corporate/M&A, and banking and finance. The firm received Band 1 rankings in public finance, energy and natural resources, litigation: general commercial, bankruptcy and restructuring, and real estate.

Local Miller Canfield attorneys earning rankings include:

Frederick Acomb,
Litigation: General Commercial
Jeffrey Aronoff,
Public Finance
Robin Asher,
Intellectual Property
Kimberly Berger,
Intellectual Property
Thomas Colis,
Public Finance
Thomas Cranmer,
Litigation: White-Collar Crime & Government Investigations
Katrina Desmond,
Public Finance
Christopher Dutot,
Associates to Watch, Immigration
Steve Frank,
Public Finance
Gerald Gleeson II,
Litigation: White-Collar Crime & Government Investigations
Jonathan Green,
Bankruptcy/Restructuring
Brian Holt,
Real Estate
Shawn Hopper,
Banking & Finance
Amy Johnston,
Litigation: General Commercial
Ronald Liscombe,
Public Finance
Anita Marinelli,
Up & Coming, Intellectual Property
Patrick McGow,
Public Finance
Megan Norris,
Labor & Employment
Michael Palizzi,
Intellectual Property
Steven Roach,
Bankruptcy/Restructuring
Jennifer Sabourin,
Labor & Employment
Brian Schwartz,
Labor & Employment
Julianne Cassin Sharp,
Immigration
James Snyder,
Public Finance
Marc Swanson,
Bankruptcy/Restructuring

•            •            •

Taft
partner Kate Hickner presented a webinar for Michigan State Medical Society on June 11 titled “Knowing When to Say When–And How to Ensure a Smooth Transition.”
Hickner is a health care partner who focuses on transactional matters and compliance with federal and state healthcare regulations. 

In addition, Taft Detroit partner Michael Pomeranz spoke on the panel “Obtaining Documents and Evidence from Non-Parties, Other Jurisdictions and in Support of Related Proceedings” at the Commercial Bar Association (COMBAR) North American and Offshore Meeting in Montréal on May 28.

Alongside panelists from London, Toronto, Montréal, and the Cayman Islands, Pomeranz discussed 28 U.S.C. § 1782, the main statute authorizing federal-court discovery in support of proceedings in foreign tribunals.

Pomeranz prevents and resolves disputes throughout the Midwest and Mountain West, and around the world. He focuses his practice on the resolution of complex commercial disputes that involve allegations about contracts, corporate governance and shareholder disputes (including “business divorce”), deceptive trade practices and fraud, and intellectual property (such as copyright, trade dress, trademarks, and trade secrets). 

Licensed in New York and Michigan, Pomeranz has an international practice, having litigated in nearly a dozen states in both state and federal court (including bankruptcy and appeals court, as well as the U.S. Supreme Court) and representing clients across the United States and around the world, particularly in Asia, Latin America, and Europe. 

Pomeranz represents commercial clients nationally in mediation and arbitration proceedings, both under the aegis of organizations such as AAA and in ad hoc arbitration proceedings. He also often assists colleagues with local-counsel matters throughout Michigan and around the Midwest.

•            •            •

Harness IP
is proud to announce that Chambers USA has again recognized the firm as a leader in intellectual property law in Michigan for 2025. The firm earned a Band 3 in 
Michigan.

In addition, Harness Principal Glenn Forbis (Band 1 – Michigan – Intellectual Property) was individually ranked for excellence in intellectual property law.

Forbis is a litigator and trial attorney who leads the firm’s IP Litigation practice group. He has served as lead or co-lead trial attorney in more than 200 IP cases nationwide and has argued 18 appeals before the federal circuit, achieving favorable outcomes in 15.

•            •            •

Maddin Hauser
is pleased to announce that Shareholder Andrew M. Harris has received the Oakland County Bar Association’s 2025 Distinguished Service Award. His award was presented at the 91st Annual Meeting and Awards Ceremony on June 5.

Harris focuses his advocacy on real estate, landlord-tenant, and commercial litigation matters, along with cases involving state tax issues and insurance. He also regularly advises clients on all aspects of commercial, industrial, and residential landlord-tenant matters. Harris complements his litigation and real estate practices with his work as a licensed civil mediator, where he helps parties efficiently resolve disputes and avoid protracted litigation.

Harris has been an active member of the OCBA for many years, developing and participating in a wide range of programming, assuming several leadership roles, and contributing his time and efforts to many of its important initiatives. He is also devoted to supporting the Oakland County Bar Foundation. In his capacities as trustee and vice president, Harris has furthered the foundation’s mission of increasing access to legal services and making them more affordable for those who otherwise lack the means to acquire quality representation.

As a proud, Birmingham-born and raised son, Harris has served as an elected member of the Birmingham City Commission from 2015-2019 and as the city’s mayor from 2017-2018. He was previously an elected trustee of the Baldwin Library Board and served as president of its Parks and Recreation Board. He is particularly proud of his work spearheading successful efforts to renovate the city’s libraries and baseball diamonds.

THE EXPERT WITNESS: Urban agglomeration revisited

June 20 ,2025

Monocentric urban-regional models probably have roots more ancient than previously reported in recent centuries. Samuelson (introduce in Part One) and others have traced the monocentric model back to The Isolated State of Von Thunen. Nevertheless, evidence exists that dates monocentric urban models and monocentric urban sites from primitive times.
:  
By John F. Sase 

For Julie, whose patience, encouragement, and support helped me see this to completion.

For Gerard Senick who applies his editing skills developed at Gale Research in Detroit.


Monocentric urban-regional models probably have roots more ancient than previously reported in recent centuries. Samuelson (introduce in Part One) and others have traced the monocentric model back to The Isolated State of Von Thunen. Nevertheless, evidence exists that dates monocentric urban models and monocentric urban sites from primitive times.

For example, ancient monocentric urban thought reached an apex within Ancient Greece. Plato developed a set of monocentric urban allegories based on the mathematical tradition which may date back to the Sumero-Babylonian period. 

This Platonic tradition, along with numerous prominent ancient traditions that survived through the Middle Ages of recent millennium, now appear to have influenced a line of monocentric urban thought which began during the Renaissance Period and continues to this day. 

1.PURPOSE

This segment of our story offers the reader a two-fold purpose. First, the chronicling of the evolution of the Monocentric Urban Concept in Western thought and practice offers the field of Economics a deeper historical foundation that supports the relevance of monocentric models. Second, our current research provides substantiated material with which to extend our Standard Urban Model. 

Consistent with the existing model, the need exists for revised models that sufficiently address our recent urban growth issues. These include the development of major urban manufacturing, servicing, and emergence of retail subcenters in recent decades. Such developments have often overshadowed older central business districts. 

In tracing the evolution of monocentric urban-regional thought from ancient times to the present, this part of the story also helps to uncover numerous ancient variations of the monocentric model which may prove useful for model revision. Our monocentric model stands as one of many urban models. 

For example, Lynch presents a range of general urban models that include the “star” (i.e. monocentric radial), the linear city, and the rectangular city. Lynch implies that a sole universal urban model does not exist because most cities develop in numerous and distinctly different manners. 

Nevertheless, the monocentric model forms the basis of our Standard Urban Model as developed by Professors Losch, Mills, and others.  As stated, the field usually traces modern monocentric urban-regional models back to The Isolated State of Von Thunen. Within his tradition, monocentric models (also known as modern concentric-zone urban land-use models) generally describe a central urban area surrounded by numerous employment and residential rings. 

However, evidence suggests that much earlier locational models bear striking similarities to contemporary models. Our ancient monocentric models often include features such as radial pathways and employment subcenters—features not always found in modern models. Indeed, these earlier models predate the work of Von Thunen by more than two millenia. 

Therefore, traditional sources for this meta-history of the monocentric urban model draw upon a range of sources. These academic sources include our fields of anthropology, archeology, history, philosophy, and religious studies. 

2.PRIMITIVE ROOTS OF MONOCENTRIC THOUGHT

Our ancient monocentric models reached their culmination in development and a refinement through the techniques that emerged during classical age in Greece. Furthermore, we may trace this legacy of ancient urban models back to the era of pre-history. 

The mathematical tools available to the ancient Greek culture form the foundation for our formulation of modern models. Plato and other ancients appear to have derived monocentric spatial models from the ever-growing reservoir of mathematics, symbols, myths, and elementary ideas in their era. 

Not only do the ancient and modern models appear to have an elementary numerical foundation in the development of their stories, but such stories also employ the circle, triangle, and cone (vortex) as a basis for many allegories. Within this use, mathematical concepts as these appear to have their roots within ancient mythology. 

Joseph Campbell indicated that there exists every reason to believe that this ancient mythology (into which, at some unknown date, accurate numerical insight was introduced), date back to the Sumero-Babylonian period, or earlier. 

Mircea Eliade, Romanian historian of religion, fiction writer, philosopher, and professor at the University of Chicago, offered an underlying raison d'etre to the existence of monocentric cities presented within urban studies. He accomplished this task by presenting many examples from both primitive and traditional societies. Eliade stated that because traditional cultures believe that human beings need holy sites to form the center of a settlement, the principal cosmological image across cultures has been a cosmic pillar supporting heaven. 

It is from this pillar that a sequence of conceptions and images emerges to form a System of the World. Eliade stated that this sacred place breaks the homogeneity of space. Such a break constitutes an axis around which our world is located. From this point, Eliade surmised that this axis forms the center of the world. 

He further stated that this center often represents a real or mythical mountain. Analogous to these mountains, we may believe that holy sites, such as mounds, temples and churches stand situated at the center of the world. 

According to Eliade, traditional societies characteristically reflect this macrocosm in their microcosm while reiterating images of the world upon increasingly smaller scales through a multiplicity of centers. The cosmogony of traditional cultures forms the paradigmatic model for their every construction. 

Through this principle, the settling of a territory appears equivalent to the founding of a world. Buildings also have roots in the transcendent. On the most microcosmic level, Eliade states that cosmic symbolism appears in the structure of housing. The tent, house, or other structure constitutes an image of the world. This follows from the primitive belief that traditional cultures conceive of the sky as a vast tent supported by a central pillar of the world. Per Andreas Losch, one can not only consider a modern city as a microcosm of the world, but three-dimensional renderings of “the modern model” appears actually in the form of a tent. 

Therefore, Eliade concludes that traditional societies derive symbols and rituals having to do with temples, cities, and houses from the primary experience of sacred space. This theme, which has endured throughout history and across cultures, forms our common thread that runs throughout the early evolution of the monocentric urban model. 

3.MONOCENTRICITY IN HISTORY:

A MONOCENTRIC CULMINATION IN GREEK THOUGHT

It appears that earlier the monocentric cosmologies of Greece, such as those of Anaximander and Parmenides, inspired Plato's monocentric urban models. Professor William Furley presents the Greek Cosmologies of Anaximander and Parmenides that provide models for understanding modern social and economic relations within ancient Greek culture. 

However, Plato applies these same models in conjunction with the mathematics communicated by Pythagoras to create his mathematical allegories of the perfect city-state. 

Essentially, the models of Plato provide mathematical allegories. Prof. Robert Brumbaugh of Yale stated that much of the work which the early Greek philosophers and scientists thought of as mathematics does not match the mathematics in its twentieth-century form at all. However, their fundamental concepts of algebra, proportions, and geometry form the basis of contemporary mathematics. It appears that Pythagoras introduced the analytical tools used by Plato to ancient Greece. The Germane aspects of his teachings can be traced back to the Sumero-Babylonian age of the previous millennium.
 ————————
Adapted from my Doctoral Dissertation (Wayne State University, 1992)
————————
Dr. John F. Sase teaches Economics at Wayne State University and has practiced Forensic and Investigative Economics for twenty years. He earned a combined M.A. in Economics and an MBA at the University of Detroit, followed by a Ph.D. in Economics from Wayne State University. He is a graduate of the University of Detroit Jesuit High School (www.saseassociates.com).

COMMENTARY: The historical parallels of the thirst for power

June 20 ,2025

My last commentary for The Legal News, published in June  2024, concluded a series on Niccolo Machiavelli with an observation about Donald Trump. This commentary returns to the subject.
:  
By Samuel Damren

My last commentary for The Legal News, published in June  2024, concluded a series on Niccolo Machiavelli with an observation about Donald Trump. This commentary returns to the subject.

In the summer of 2024, Trump claimed he was only joking when he told Time Magazine that at the onset of his next term he would be “dictator for a day.”

The June 17, 2024 commentary posed a follow-up question: “If not as future dictator, what role does Trump occupy in current politics and is there any parallel to that role in political history?”

The historical parallel I suggested was in 16th century Italy. The parallel role I thought best fit Trump was that of a “condottieri captain,” a mercenary leader routinely hired by Italian city states for protection and aggression against adversaries. One year later, now President Trump has more than proven the accuracy of that judgment.

Condottieri captains in 16th century Italy Machiavelli authored a number of works examining tensions between competing components and factions of political structures. One of those works is titled, “Arte Della Guerra” or “The Art of War.” Unlike “The Prince,” the work he is best known for but published posthumously, Machiavelli published “The Art of War” in 1521 during his lifetime.

According to scholar John M. Najemy, the author of “Machiavelli’s Broken World,” the “Arte” in the Italian title does not refer to “art” in contemporary translation. Rather it refers to the “profession” or “occupation” of war. “The Art of War” is an accurate but historical fiction about of the “profession” of the mercenary class in Italy.

That Machiavelli regarded the mercenary class and their captains as the nemesis of a “well-ordered republic” would be vast understatement. Alongside cowardly nobles who regularly hired the condottieri instead of relying on militia drawn from a city’s population, Machiavelli blamed the captains of condottieri for the “disordini” or political disorder, turmoil and unrest that had corrupted Italian city state governments. Machiavelli felt so strongly about the destructive influence of condottieri captains that he chose to speak against it, publicly and at risk.

The “Art of War” recounts a conversation that could have taken place in the “gardens” of Florence, but did not. The fictional dialogue is between two historical figures: the aged mercenary leader, Fabrizio Colonna (1450- 1520) and the much younger noble Cosimo Rucellai (1494-1519).

Fabrizio begins the conversation by observing that no “good man ever practiced” this art (the profession of mercenary). He explains, “Because he will never be judged good who engages in a career in which, by wanting to draw utility from it in every time, he must be rapacious, fraudulent, violent, and have many qualities that of necessity make him not good. Nor can the men who use it as an art, the great as well as the small, be made otherwise, because this art does not nourish them in peace. Hence, they are necessitated either to plan that there not be peace or to succeed so much in times of war that they can nourish themselves in peace. And neither one of these two thoughts dwells in a good man. For from wanting to nourish themselves in every time arise the robberies, the acts of violence, and the assassinations that such soldiers do to friends as well as enemies. And from not wanting peace, comethe deceptions that the captains use on those who hire them so that the war may last.”

As the dialogue continues, Fabrizio also warns young Cosimo that captains of condottieri hired to defend a city state often simultaneously conspire to usurp their employer and become princes of the city themselves. Or, as Fabrizio said of one such captain, he “not only deceived the Milanese, whose soldier he was, but took away their liberty.”

In a later work, “The Florentine Histories,” Machiavelli notes an additional condemnation of mercenary captains in that they were “raised from infancy in [a culture of] arms and, knowing no other profession, sought by means of arms to make themselves honored with wealth and power.” Through these two observations and insights, Machiavelli identified both the dilemma posed by the aspiration of condottieri captains to become princes as well as the destructive effects on the city states from their efforts to first attain and then maintain princely status.

The dilemma In contrast to militia formed by residents fighting to protect their homes and families, a condottieri captain’s leadership skills were limited to commanding mercenary forces. As a result, condottieri captains lacked experience and skills in governing city states in times of peace. As a consequence, condottieri princes found it necessary during times of peace to create or to inflame “disordini” among the populace that they ruled.

The “disordini,” if sufficiently provocative, would divide the citizenry into competing and polarized factions that a condottieri prince could in turn maneuver and exploit just as if he were on the battlefield leading troops.

The effects of this “disordini” afforded a condottieri prince comfort since he was otherwise ill-equipped to govern a city state in times of peace.

The destructive effects of inflamed “disordini”  Internal “disordini” could be created by a condottieri prince in a variety of ways. First, through the slander, persecution and pillage of political rivals, foreigners and other targeted individuals or groups. Second, as the “disordini” heightened in intensity, the prince could turn the same tactics on allies, institutions, friends, family or anyone within the population that dared oppose his chosen side of a dispute.

As Machiavelli observed, the resulting hostilities and accusations between competing factions would spiral to consume the populace. Accusations that might have had some basis in fact “were magnified, those not true were fabricated, and the people who ordinarily hated [slanders], believed both the true and the false ones.”

Najemy’s historical analysis of the internal “disordini” that condottieri princes created and inflamed supports that observation: “The essence of the infirmity was that factional hostilities so distorted people’s judgment that they began to believe all manner of things they had previously rejected.”

As an unraveling of societal foundations took hold from these destructive effects, the city states of Italy became, in Najemy’s words, “fearful both ofkeeping” their former condottieri captains in place as princes while ceding more and more liberty to them; and, conversely, of “letting them go” at risk of losing the protection they seemingly provided from outside adversaries. As a result of this intransigence, previously “well ordered” city states began to disintegrate from within.

Donald Trump as condottieri captain turned prince The trajectory of Donald Trump’s rise in American politics over the past decade and a half strongly parallels a 16th century condottieri captain’s ascent to princedom. To solidify and expand his power in office, he is now employing the same tactics a condottieri captain turned prince utilized to solidify and maintain princely status.

Trump’s family’s wealth was originally secured as slumlords in New York City. For those outside the Big Apple, it is difficult to imagine just how despised that profession is to residents. For tenants, it can be a “no holds barred” place of economic oppression where fraud, bullying, threats and duplicity are common currency. Trump honed his business acumen on that battlefield and then ventured into other arenas such as gambling, fraudulent non-profits, Trump Steaks, name licensing, and the like.

Thus positioned, Trump appeared the perfect candidate that the Republican Party clamored for in 2016 to “shake up” Washington, “drain the swamp,” and expel an immigrant invasion supposedly threatening “to poison the blood” of America. He saw an opportunity that the political establishment discounted and successfully ran with it just as a 16th century condottieri captain might have done to become prince.

Upon his recent return to office, Trump abandoned restraint. He is now acting and behaving as a full-fledged 16th century condottieri captain turned prince. Immediately after inauguration, Trump launched a spate of internal “disordini” designed to inflame factional and regional hostility to breaking points.

The goal is clear. To adequately address these exaggerated “emergencies,” Trump, in his view, must be permitted to take extraordinary steps as President to further expand his power and control no matter what the destructive cost may be to American liberties.

These actions and strategies repeat the “astonishing picture of punitive and repressive control” that Machiavelli and Najemy describe condottieri princes undertaking to secure “control of the magistracies, the law, the police, and the electoral and fiscal institutions in order to punish enemies and reward friends.”

No longer content with being dictator for a day, Trump aims at remaining a condottieri prince on a battlefield of “disordini” for as long as possible and by whatever means.

The next commentary in what will be a continuing series examining Trump’s attacks on, and demands to sidestep or control, American institutions begins with the judiciary. 
———————
Samuel Damren is a retired Detroit lawyer and author of “What Justice Looks Like.”

COMMENTARY: If you want to be heard, you must serve other party

June 20 ,2025

Court motion dockets are held daily, usually grouped by subject matter, giving litigants the opportunity to have their issues heard. Due to my background, my largest involvement surrounds the domestic or family law docket.
:   By Marie E. Matyjaszek 

Court motion dockets are held daily, usually grouped by subject matter, giving litigants the opportunity to have their issues heard. Due to my background, my largest involvement surrounds the domestic or family law docket. When the court is hearing the motions, I hold what I call my “disappointment docket,” where I have the unfortunate job of telling individuals that their motion likely won’t be heard that day due to failing to serve the opposing party or attorney.

While service times can vary, I’m focusing on Michigan Court Rule (MCR) 2.119. Pursuant to that rule, service of the written motion, notice of hearing and any briefs, etc. must be served upon the opposing side at least nine days before the hearing if you are mailing it first-class, or at least seven days before the hearing if you serve the other side personally. Personal service is exactly what it sounds like – physically delivering the documents, but also includes electronic service pursuant to MCR 1.109. Parties also can agree to allow service by email.

The key is to ensure you file a proof of service or certificate of mailing with the court, indicating how and when you served the other side. Without that, we don’t have any clue if and when service occurred and the motion can’t be heard if service was not properly effectuated. Many SCAO motion forms have a section for the movant to sign and date that the pleadings were served; however, many people fail to fill this out. It’s also common to have a proof of service for the motion but not the notice of hearing, and both are required.
No proof of service, or service not filed under the timelines required, will win you a spot on my disappointment docket where I will inform you of the deficiency. At times, the other side appears and was actually served despite no proof of service being filed. If everyone appears for the hearing, there is the option to go forward with the motion that day and waive the service issue. Other cases result in adjournments, giving the movant time to get it right.

To have a seamless transition from filing your motion to having it heard in the courtroom, ensure that you follow the court rules to avoid the disappointment of possibly ending up on my docket.
————————
Marie E. Matyjaszek is a judicial attorney at the Washtenaw County Trial Court; however, the views expressed in this column are her own. She can be reached by e-mailing her at matyjasz@hotmail.com.

Legal People ...

June 13 ,2025

Attorney Michael P. Donnelly has joined Butzel as a shareholder in the firm’s Troy office. During his career, Donnelly has represented clients before all state and federal courts in Michigan including the Michigan Supreme Court. He has handled a range of matters including complex real estate dealings, insurance fraud, industrial leasing, and gaming related matters. 
:  
Attorney Michael P. Donnelly has joined Butzel as a shareholder in the firm’s Troy office. During his career, Donnelly has represented clients before all state and federal courts in Michigan including the Michigan Supreme Court. He has handled a range of matters including complex real estate dealings, insurance fraud, industrial leasing, and gaming related matters. 

Donnelly has been recognized throughout his career in the areas of Commercial Litigation and Business Litigation by regional and national legal publications. He has authored and contributed to publications on the topics of Antitrust, Consumer Protection, and Landlord-Tenant Law.

His honors include The Best Lawyers in America® – Commercial Litigation, 2025, Leading Lawyers – Commercial Litigation, 2018, 2025, Michigan Super Lawyers – Business Litigation, 2014-2024, Michigan Lawyers Weekly – Leaders in the Law, 2015, DBusiness – Top Lawyers – Commercial Litigation, 2013, Martindale Hubbell® – AV Preeminent® Peer Review Rated, and BTI Client Service All-Star, 2011.

He is a member of several bar associations and has served in numerous leadership positions. Donnelly currently serves on the Board of Directors of the Detroit Bar Association and is a former Chair of the Litigation Section of the State Bar of Michigan. He also has served in leadership positions with several professional organizations.

Donnelly earned a law degree from the University of Detroit Mercy School of Law and a B.A. from Michigan State University. 

•            •           •

Warner Norcross + Judd LLP
has welcomed Robert J. Cambridge as senior counsel.

Cambridge represents business clients with a practice focused on general corporate and business counseling, mergers and acquisitions, securities law, and corporate governance. He also has experience advising investment companies, investment advisors and broker-dealers on regulatory compliance, fund formation and venture capital financing. Cambridge joined Warner’s Corporate Practice Group and is based in the firm’s Detroit office.

Cambridge joined Warner after spending nine years with Bodman PLC. Earlier in his career, he was an associate attorney with a midsize business law firm in Akron, Ohio, and with a boutique business law firm in Cleveland. He also served as a law clerk to the U.S. Department of Justice for the U.S. Attorney’s Office and a judicial intern for the U.S. Bankruptcy Court for the late Judge Randolph Baxter, both in Cleveland.

Cambridge received his bachelor’s degree from Michigan State University and his law degree from Cleveland State University College of Law. He has been recognized by Best Lawyers® for his work in corporate law and mergers and acquisitions and selected as a Michigan Super Lawyers Rising Star. He has also been named to DBusiness Top Lawyers in each of the past three years. He is a member of the American Bar Association and the State Bar of Michigan.

•            •           •

Dickinson Wright
is pleased to announce that five attorneys in Michigan have been ranked in the 2025 edition of the IAM Patent 1000. The firm also received a Silver ranking for its Patent practice in Michigan.

Below are Dickinson Wright’s rankings for the 2025 edition of the IAM Patent 1000:

Michigan

John S. Artz – Litigation: Gold
James Cleland
– Litigation: Silver
William H. Honaker
– Litigation: Silver and Prosecution: Highly Recommended
Richard Jones
– Transaction: Recommended
Michael N. Spink
– Prosecution: Recommended
Dickinson Wright is also pleased to announce that Chambers & Partners has ranked ten of the firm’s practices in Michigan and several of the firm’s Michigan attorneys in the 2025 Chambers USA Guide.
Below is a list of Dickinson Wright practices that are listed in Chambers USA 2025:

—Michigan

Banking & Finance (Band 1)
Bankruptcy & Restructuring (Band 1)
Corporate/M&A
Employee Benefits & Executive Compensation (Band 1)
Immigration
Intellectual Property
Labor & Employment
Litigation: General Commercial (Band 1)
Public Finance (Band 1)
Real Estate (Band 1)
Below is a list of local Dickinson Wright attorneys who are listed in Chambers USA 2025:

—Banking and Finance
Craig W. Hammond,
Troy
William P. Shield Jr.,
Detroit (Star Individual)
Rachel Wolock,
Detroit

—Bankruptcy & Restructuring

Steven G. Howell,
Detroit (Senior Statesperson)
James A. Plemmons,
Detroit (Band 1)
Theodore B. Sylwestrzak,
Detroit (Band 1)

—Cannabis: Eastern US – Nationwide

Benjamin M. Sobczak,
Troy

—Corporate/M&A

Andrew W. MacLeod,
Detroit

—Employee Benefits & Executive Compensation

Deborah L. Grace,
Troy
Roberta P. Granadier,
Troy
Eric W. Gregory,
Troy
Cynthia A. Moore,
Troy

—Intellectual Property

William H. Honaker,
Troy

—Labor & Employment

Angelina Delmastro,
Detroit
Timothy H. Howlett,
Detroit (Band 1)

—Litigation: General Commercial

James A. Martone,
Troy
Daniel D. Quick,
Troy (Band 1)

—Public Finance

Laura M. Bassett,
Troy
Craig W. Hammond,
Troy (Band 1)

—Real Estate Law

Monica J. Labe,
Troy (Band 1)
Michael J. Lusardi,
Troy
Dawn Faxon Singer,
Troy
Katheryne L. Zelenock,
Troy

•            •           •

Bloom Sluggett PC
is pleased to announce that Michael J. Watza has joined the firm, bringing more than three decades of legal experience focused on complex litigation, legislative strategy, and regulatory solutions for public and private sector clients across Michigan and beyond.

Recognized as a Martindale-Hubbell AV® Preeminent™ attorney, a Super Lawyer since 2007, and a Detroit Business Top Lawyer in Energy, Government, and Product Liability, Watza has built a career at the intersection of law, government, technology, and infrastructure.

Watza’s practice centers on delivering strategic legal solutions in telecommunications (including cable, wireless, and broadband), municipal governance, energy, insurance, and gaming. He currently serves as Counsel to PROTEC, a consortium representing more than 100 Michigan municipalities, and to Merit Network, a nonprofit governed by Michigan’s public universities that has helped shape the nation’s digital infrastructure since 1966.

In addition to his legal practice, Watza has served on several boards and commissions. He chairs the International Municipal Lawyers Association’s Telecommunications Committee, the Novi Economic Development Corporation, and Panel #9 of the Michigan Attorney Grievance Commission. He also serves on the Michigan State Bar Government Law Section Council. Watza was appointed twice to the Michigan Gaming Control Board, serving for eight years under governors Granholm and Snyder.

His work in advancing municipal broadband access includes legal leadership on Michigan’s first Municipal Fiber-to-the-Premises Broadband Project and he continues as counsel on broadband development projects across the state. Watza has also been a registered Michigan lobbyist and has provided legislative testimony on a range of public policy issues.

Watza has taught at Michigan State University College of Law and the MSU Institute for Public Utilities, sharing his knowledge in communications law, public utility policy, and legal ethics.
He is admitted to practice in Michigan, multiple federal district and appellate courts, and the U.S. Supreme Court. With Watza’s addition, the firm has opened a new office located at 400 Rensissance Center, in the heart of Detroit.

•            •           •

Senior attorney Simone R. Fabiilli recently joined the Torts & Litigation and Commercial Litigation practice groups of Plunkett Cooney.

Fabiilli is an experienced litigator who defends insurance-related matters involving premises liability, general negligence, real estate professional liability, employment liability, and first- and third-party auto accident claims. She also has experience handling contractual and other business disputes. 

Admitted to practice in state and federal courts in Michigan, Fabiilli is a member of the State Bar of Michigan, and she serves as the executive board vice president of the Italian American Bar Association of Michigan. Fabiilli is a 2016 graduate of the Michigan State University College of Law. She received her undergraduate degree from Wayne State University in 2013. 

•            •           •

McDonald Hopkins
is pleased to announce local attorneys and practice areas that have been recognized by Chambers USA in its 2025 guide:

Stephen Gross
- Bankruptcy/Restructuring
Dominic Paluzzi
- Ranked nationally for Privacy & Data Security: Cybersecurity
Antoinette Pilzner
- Employee Benefits & Executive Compensation

•            •           •

Honigman LLP
was honored with rankings from Chambers USA 2025 across Illinois and Michigan for excellence in 11 practice areas as well as rankings for 29 of its lawyers. Honigman achieved “Band 1” rankings across six practice areas. Of its ranked attorneys, nearly half attained a “Band 1” rating.  

Chambers awarded the highest “Band 1” ranking on the following Honigman practices regionally in Michigan:

• Bankruptcy/Restructuring
• Corporate/M&A
• Insurance
• Intellectual Property
• Litigation: General Commercial
• Real Estate

Also in Michigan, Honigman earned rankings for its Employee Benefits & Executive Compensation* and Litigation: White-Collar Crime & Government Investigations* practices (both newly ranked this year) as well as for its Immigration and Labor & Employment practices. 

The following Honigman lawyers were ranked in this year’s guide:

—Bankruptcy/Restructuring (Michigan)
**
Barbara Kaye
E. Todd Sable
**
Glenn Walter


—Corporate/M&A (Michigan)
**
Barbara Kaye
David Foltyn
(Eminent Practitioners)
Donald Kunz
(Senior Statespeople)
Joshua Opperer
*
Michael D. DuBay
Philip D. Torrence
Tracy T. Larsen
**

—Employee Benefits & Executive Compensation (Michigan)
*
Samantha Kopacz


—Immigration (Michigan)

Carol Friend
**
Meghan Covino
**
Sarah Iyer
* (Up and Coming)

—Insurance (Michigan)
**
Sara J. Brundage
**

—Intellectual Property (Michigan)
**
Anessa Kramer
**
Deborah Swedlow
*
Heidi Berven
*
J. Michael Huget
**
Jonathan O’Brien
**

—Labor & Employment (Michigan)

Sean Crotty


—Litigation: General Commercial (Michigan)
**
I.W. Winsten
**
Jeffrey Lamb
*
Joseph Aviv


—Litigation: White-Collar Crime & Government Investigations (Michigan)
*
Mark Pendery
Matthew Schneider
**

—Real Estate (Michigan)
**
J. Adam Rothstein
Karen R. Pifer
Lowell D. Salesin
**

*Indicates a new ranking
** Indicates a Band 1 ranking

•            •           •

The D. Augustus Straker Bar Association is proud to recognize Arnold E. Reed on June 19 at the 31st Annual Trailblazers Award & Scholarship Ceremony for his advocacy, legal excellence, and commitment to justice at both the local and national levels.

A trial attorney, Reed began his legal career as a law clerk on the Michigan Supreme Court, serving both Justice Dennis Archer and Chief Justice Conrad Mallett. His litigation record spans decades of high-profile work, including representing the late Congressman John Conyers Jr. and the Queen of Soul, Aretha Franklin, in landmark cases.

Reed has been named Lawyer of the Year by Michigan Lawyers Weekly, a Leader in the Law (2018), and a Michigan Super Lawyer (2021). His work has been featured on “60 Minutes,” “Dateline NBC,” “Meet the Press,” and Amazon Prime, and profiled in Bloomberg Markets Magazine and Crain’s Detroit Business as one of Michigan’s top business leaders under 40.

Beyond the courtroom, Reed has published articles on police discretion and misconduct, served on the Board of Pediatric Medicine and Surgery by gubernatorial appointment, and now teaches trial advocacy at Harvard Law School.

•            •           •

Bodman PLC
is proud to share that it has once again been rated as one of Michigan’s top business law firms by Chambers USA.

In the recently released 2025 edition, Chambers placed Bodman in “band one” for Banking & Finance, Bankruptcy/Restructuring, and Insurance. Bodman has been ranked in “band one” for Banking & Finance continuously for over two decades.

Chambers also ranked Bodman among Michigan’s top law firms for Corporate/M&A, Labor & Employment, Litigation: General Commercial, and Real Estate.

Local Bodman attorneys were recognized as leaders in eight practice areas, including:

—Banking & Finance

David C. Bosman, Kathleen O’Callaghan Hickey, Joseph J. Kochanek, Adam B. Norlander,
and Larry R. Shulman

—Bankruptcy/Restructuring

 Robert J. Diehl, Jr., Ralph E. McDowell, Brian R. Trumbauer,
and Jaimee L. Witten

—Corporate/M&A

Gene P. Bowen,
and Mark W. Peters

—Employee Benefits & Executive Compensation

David B. Walters


—Insurance

Michael G. Costello
and Michelle Thurber Czapski

—Labor & Employment

John C. Cashen, Gary S. Fealk,
and Aaron D. Graves

—Litigation: General Commercial

Michelle Thurber Czapski, Jeffrey G. Raphelson,
and Joseph J. Shannon

—Real Estate

Michael B. Peterman, Nicholas P. Scavone Jr.,
and Andrew Z. Spilkin

•            •           •

Miller Canfield
is proud to announce that Saul A. Green has been named a 2025 Michigan Chronicle Men of Excellence honoree. 

Green has dedicated his life to service to the community and excellence in the practice of law. A lifetime Detroiter, he is a member of Miller Canfield’s Litigation and Dispute Resolution Group.

Early in his career, Green worked as an assistant U.S. attorney. In 1976 he took the job of chief counsel for the U.S. Department of Housing and Urban Development. Later, he was hired to serve as Wayne County Corporation Counsel. Then in 1994, President Bill Clinton appointed him U.S. attorney for the Eastern District of Michigan, where Green counted among his biggest accomplishments the relationship-building he did between the justice department and the police, and the work he did in raising law enforcement awareness and sensitivity to racial profiling.

Green joined Miller Canfield in Detroit in 2001 and took the lead in the firm’s minority business group and its white-collar crime practice. He was enjoying the career of a successful litigator when duty called him back to the public sector, and he went to work in 2008 as deputy mayor under the city’s recently elected then-mayor Kenneth Cockrel Jr. Green was asked to do the job for his ability to work with federal investigators who were looking into city affairs, and for his well-earned reputation for being a man of high ethical standards. He served during the early part of newly elected Mayor Dave Bing’s term and returned to Miller Canfield in 2012.

Green’s work since his return to the firm has included working with police departments, including Cincinnati and Los Angeles, in compliance with settlements following police misconduct claims, leading the charge in reforming police departments to better serve communities, particularly communities that are home to large numbers of people of color.

Green is a past president of the Wolverine Bar Association. He is a recipient of the Damon J. Keith Community Spirit Award, State Bar Champion of Justice Award, Federal Bar Association’s Wade Hampton McCree Jr. and Cook Friedman Civility Awards, and Lawyer of the Year by Michigan Lawyers Weekly, which also inducted him into its Hall of Fame.

•            •           •

Dykema
recently announced that it received 35 individual attorney rankings and 18 practice area rankings in the 2025 edition of Chambers USA: America’s Leading Lawyers for Business guide. The firm received national rankings in four practice areas and seven individual attorney rankings.

Chambers USA recognized the following local Dykema practices:

—Michigan

Corporate/M&A
Employee Benefits & Executive Compensation
Energy & Natural Resources
Labor & Employment
Litigation: General Commercial
Litigation: White-Collar Crime & Government Investigations
Public Finance
Real Estate
Chambers USA recognized the following local Dykema attorneys, as identified by jurisdiction and practice area:

—USA - Nationwide

Michael Cooney
—Product Liability: Automobile
James P. Feeney
—Product Liability: Automobile
Brett M. Gelbord
—Psychedelics Law

—Michigan

Jennifer Beidel
—Litigation – White-Collar Crime & Government Investigations
Michael Bernard
—Corporate/M&A
Amy M. Christen
—Employee Benefits & Executive Compensation
Mark Chutkow
—Litigation – White-Collar Crime & Government Investigations
Michael P. Cooney
—Litigation: General Commercial
Adam M. Fishkind
—Real Estate
James P. Feeney
—Litigation: General Commercial
Kyle R. Hauberg
—Real Estate
James F. Hermon
—Labor & Employment

•            •           •

Chambers USA has named several local Clark Hill attorneys “Leaders in their Field” in the 2025 edition of Chambers USA: America’s Leading Lawyers for Business. 

Daniel Bretz
is ranked as Senior Statespeople for Labor & Employment (Michigan). He represents major private employers in various aspects of labor and employment law.

Edward Hammond
is ranked in Band 3 for Employee Benefits & Executive Compensation (Michigan). He assists clients with all aspects of their qualified and non-qualified retirement plans.

Christopher McMican
is ranked in Band 2 for Employee Benefits and Executive Compensation (Michigan). He assists employers with retirement plans, health and welfare plans, and compensation packages.

Daniel Minkus
is ranked in Band 2 for Corporate/M&A (Michigan). Minkus advises commercial clients with mergers, acquisitions and dispositions, as well as business planning, joint ventures, governance, supply chain agreements, and various other contracts.

Michael Nowlan
is ranked in Band 1 for Immigration (Michigan) and Band 2 for Immigration (Nationwide). Nowlan assists corporate clients in securing and extending U.S. work status, typically on a temporary (nonimmigrant) visa, for existing or proposed foreign national employees.

Christopher Trebilcock
is ranked in Band 4 for Labor & Employment (Michigan). He litigates labor and employment disputes in federal and state courts and administrative agencies across the country on behalf of Fortune 500 companies, and medium and small employers, including governmental agencies.

Anne-Marie Vercruysse Welch
is ranked in Band 2 for Labor & Employment (Michigan). She defends employers in lawsuits and administrative proceedings against wrongful discharge, discrimination, harassment, retaliation, and related statutory and tort claims.

In addition, Clark Hill has achieved the following local department rankings by Chambers:

Corporate/M&A (Michigan) – Band 4
Employee Benefits & Executive Compensation (Michigan) – Band 3
Immigration (Michigan) – Band 2
Labor & Employment (Michigan) – Band 2

•            •           •

Taft
’s Intellectual Property practice and attorneys have been recognized in 2025 IP Stars by Managing Intellectual Property magazine. Thomas Bejin was named a “Patent Star” for Michigan and Jeremy D. Bisdorf was selected as “Notable Practitioner.”

In addition, Taft has been recognized in the Chambers USA 2025 Guide with 108 attorneys and 45 practices ranked. 

In Michigan, Taft was named a leading firm in the practice areas of  Corporate/M&A*, Litigation: General Commercial*, and Real Estate.

The following local Taft attorneys were named leaders in their field:

Jordan S. Bolton
*—Litigation: General Commercial
Mark P. Krysinski
—Real Estate
Mark D. Rubenfire
—Real Estate
Jeffrey Weiss
*—Corporate/ M&A
Richard A. Zussman
—Real Estate

* indicates a new practice area or honoree.

•            •           •

On May 14, Kitch Attorneys & Counselors’ Jenna Wright Greenman, Lindsay Rose, and Laura Sherbrook presented to second-year OB/GYN residents at the annual Southeast Michigan Center for Medical Education (“SEMCME”) session titled, “Medical and Legal Considerations in OB/GYN” at Corewell Health William Beaumont Hospital Royal Oak.  Wright-Greenman, Rose, and Sherbrook presented on topics including fetal heart tracing interpretation, GYN surgical complications, defending a lawsuit, and shoulder dystocia deliveries.

Greenman is an experienced litigator and trial attorney, and a principal in the firm’s Detroit office, sharing a leadership role and serving as the Detroit office’s contact in birth trauma and medical malpractice defense practice.  As an attorney practicing for more than 25 years, she has experience representing hospitals, physicians and other healthcare professionals in perinatal injury, complex catastrophic brain damage cases, neurology, neurosurgery, and all types of malpractice claims.

Rose is a principal in the firm’s Detroit office. As a member of the firm’s birth injury and medical malpractice defense practices, she specializes in the defense of local hospitals, physicians, and other healthcare professionals in complex, catastrophic medical malpractice litigation.

Sherbrook is a principal in the firm’s Detroit office and focuses her practice on birth trauma and medical malpractice defense litigation. She specializes in the defense of local hospitals, physicians and other healthcare professionals. Sherbrook was named a Rising Star by Super Lawyers in 2022, 2023 and 2024. 

Kitch also extends its congratulations to Ron Wagner on his 50 years in the legal profession and his golden anniversary with the firm. Wagner has been a member of Kitch since June 16, 1975, serving as the managing principal and chairperson from 1999 to 2014. Additionally, his legal practice is primarily focused on medical malpractice defense litigation and product liability litigation. His experience includes serving as the national lead attorney for Owens Corning in nationwide asbestos litigation.

Throughout his tenure at the firm, Wagner has played a role in its expansion, contributing to the growth of the firm to over one hundred attorneys and the establishment of several offices in the Midwest.  Kitch is proud of Wagner’s leadership and the numerous accomplishments that have garnered recognition from his peers, clients, and so many others over the years and thank him for his dedication to 50 years in law and with the firm.

The State Bar of Michigan held its annual 50-Year Golden Celebration luncheon last month at Saint John’s Resort in Plymouth to honor attorneys who have been State Bar members since 1975.

•            •           •

Brooks Kushman
is proud to announce that the firm has been awarded the Gold standard in the 2025 edition of the IAM Patent 1000: The World’s Leading Patent Professionals. 

In addition to the firm’s Gold ranking, several Brooks Kushman attorneys were individually recognized for their outstanding work:

Sangeeta Shah
– Silver in Litigation; Highly Recommended in Prosecution
Matthew Jakubowski
– Recommended in Prosecution
Michael Brodbine
– Highly Recommended in Prosecution
John LeRoy
– Silver in Litigation
Tiffany Fidler
– Recommended in Prosecution
Marc Lorelli
– Gold in Litigation
Frank Angileri
– Gold in Litigation
Benjamin Stasa
– Recommended in Prosecution
Rachel Smith
– Recommended in Prosecution
Martin Sultana
– Recommended in Prosecution
Charles Bieneman
– Recommended in Prosecution

COMMENTARY: Preparing for the arbitration hearing: evidence and witnesses

June 13 ,2025

This is the eighth article in a 12-part series on domestic arbitration, offering a clear, practical guide to each stage of the process. This installment, “Preparing for the Arbitration Hearing: Evidence and Witnesses,” presents best practices for organizing evidence, preparing witnesses, and handling expert testimony.
:  
By Harshitha Ram

This is the eighth article in a 12-part series on domestic arbitration, offering a clear, practical guide to each stage of the process. This installment, “Preparing for the Arbitration Hearing: Evidence and Witnesses,” presents best practices for organizing evidence, preparing witnesses, and handling expert testimony. Stay tuned for Part 9: “The Arbitration Hearing: Conduct and Procedures,” coming next month.

In arbitration, clarity is power—make your case crystal clear and unshakably strong. While arbitration hearings are typically less formal than court proceedings, the same level of precision and preparedness is essential to present a compelling case. This article will explore best practices for organizing evidence, preparing witnesses—including experts—and handling testimony with finesse. An organized binder is your sword, a prepared witness your shield—arm yourself well.

I. Organizing and Managing Evidence

When preparing for an arbitration hearing, one of the most important tasks is to assemble a comprehensive and organized evidence binder. Rather than simply gathering documents in a haphazard way, consider creating a master file—either physical or digital—where everything relevant to the case is carefully categorized and easily accessible. Start by laying out a detailed chronology of events, a timeline that clarifies the sequence of facts and contextualizes the issues. Follow this with essential contracts and key agreements that form the backbone of your claims or defenses. Include a curated selection of correspondence—emails, letters, and text messages—that reveal each party’s positions and can demonstrate patterns of conduct or contradictions. Financial records, invoices, and other transactional documents should be meticulously compiled to substantiate any claims for damages. Don’t overlook any prior statements or admissions that might support or challenge credibility; these can be decisive in undermining or reinforcing a party’s case.

Once this master binder is in place, the next step is to highlight the critical documents—the so-called “hot documents”—that carry significant weight in your argument. Use color coding, bookmarks, or digital tags to flag these items so they can be quickly retrieved during cross-examinations or when preparing closing submissions. This approach not only keeps you organized but also signals to the arbitrator that you are prepared and methodical. To help both yourself and the arbitrator follow the flow of evidence, prepare a summary chart that clearly maps key documents to the specific issues they address. This summary functions as a roadmap, showing how the evidence supports your narrative and linking each piece to your legal theories. Such a visual tool can clarify complexities, reduce confusion, and make your presentation more persuasive.

While arbitration rules are generally more flexible, objections can still arise. Preempt issues by ensuring all documents are authentic, with affidavits or stipulations as needed. Confirm each document’s relevance and foundation, and discuss these with the arbitrator during the pre-hearing conference to align your approach with their expectations. With this streamlined and proactive strategy, you’ll be well-positioned to present a compelling, credible case.

II. Witness Preparation: Best Practices

Effective witness preparation hinges on strategy and clarity. Select fact witnesses with direct knowledge of key events, as their authenticity often outweighs seniority. For expert witnesses, while credentials matter, their ability to explain complex concepts in clear, persuasive terms is crucial. Once selected, ensure witnesses thoroughly understand their role and the facts. Walk them through direct testimony, anticipate cross-examination challenges, and emphasize the importance of honesty. Teach them to answer only the question asked, speak clearly and concisely, and maintain composure under pressure. Use plain language and avoid jargon unless necessary. Mock cross-examinations with challenging questions help build confidence and resilience. Through this streamlined approach, witnesses will be prepared to deliver credible, persuasive testimony.

III. Expert Witnesses: Nuances and Strategies

Engaging an expert early in the process is critical, as it allows the expert to become thoroughly familiar with the facts of the case and contribute to shaping the strategy from the outset. Once retained, experts should be provided with a complete factual record to ground their analysis. Preparation should focus on ensuring that they can clearly articulate their methodologies and conclusions in a manner that is accessible and persuasive. Even though arbitration generally has more flexible evidentiary standards, it’s prudent to anticipate challenges similar to Daubert motions, where opposing counsel may question the expert’s qualifications or the reliability of their methods. Experts should be thoroughly prepared to defend their approaches while maintaining professionalism. Experts should be guided to provide opinions that are carefully considered and modest in scope, avoiding the temptation to overreach or advocate beyond their role. With early engagement, full preparation, and carefully managed expectations, expert witnesses can significantly enhance the persuasiveness and strength of your arbitration case.

IV. Hearing Logistics and Presentation

The pre-hearing conference is a crucial opportunity to address procedural details such as exhibit exchange protocols, witness availability, and the arbitrator’s preferred procedures, ensuring a smooth hearing. When it comes to presenting your case, prepare streamlined examination outlines that are flexible enough to adapt to unexpected developments. Use technology thoughtfully—electronic exhibits and visual aids can enhance clarity, but be sure to test all equipment in advance to avoid technical glitches. Finally, always respect the arbitrator’s time by focusing on essential points and avoiding unnecessary repetition.

V. Witnesses in Virtual or Hybrid Hearings

When preparing for a virtual or hybrid arbitration, it is essential to ensure technical readiness by testing video and audio connections well in advance. Witnesses should be coached on virtual etiquette, including looking directly at the camera, maintaining a professional backdrop, and minimizing distractions to convey professionalism and focus. Additionally, it’s wise to have a contingency plan in place to handle potential disconnections, ensuring the session can resume seamlessly without disrupting the flow of the hearing.

Preparation for an arbitration hearing is a blend of meticulous planning and adaptability. From organizing evidence to coaching witnesses and managing expert testimony, each step is critical to presenting a compelling case. Strong preparation not only increases the likelihood of a favorable outcome but also builds credibility with the arbitrator. By approaching each aspect with diligence and foresight, you can transform your hearing preparation from a procedural necessity into a strategic advantage. Arbitration favors the prepared; it rewards those who plan, polish, and present with precision.
————————
Harshitha Ram is an international disputes attorney, arbitrator, mediator, lecturer in law, and the President of the Global Arbitration Mediation Academy (GAMA). She serves as the chair of the ADR Section of the Detroit Bar Association. To learn more or connect with her, visit: www.harshitharam.com  www.adracademy.us