Columns

The law firm of Couzens Lansky, located in Farmington Hills, is pleased to announce that Sara Zivian Zwickl has joined the firm as Of Counsel.

Zwickl is a member of the State Bar of Michigan and Oakland County Bar Association.  She received a B.A. from Indiana University and her law degree from the University of Michigan Law School. She was admitted to practice in the State of Michigan in 1982.  

Zwickl focuses her expertise on the needs of families and individuals in the areas of estate planning and probate and trust administration. She also serves as a mediator, helping parties find peaceful resolutions to their disputes.

Zwickl is also affiliated with Zivian & Zwickl, Attorneys & Counselors with an office in Farmington Hills.

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Plunkett Cooney attorney Andrew J. Lorelli was recently elected as a council member and vice chair of the State Bar of Michigan (SBM) Military & Veterans’ Law Section.

As a council member, Lorelli will be responsible for helping create an exchange and dissemination of ideas among members through meetings, networking events, and communications to improve the practice of military law and the quality of legal services provided to the military community. As vice chair, he will be responsible for the development and coordination of educational programs at the annual meeting and assist with coordinating activities for the SBM Military & Veterans’ Law Section with other state bar sections that are complementary in scope and learning objectives.

Lorelli, who is a member of the firm’s Bloomfield Hills office, served four years on active duty as a Judge Advocate in the U.S. Marine Corps, having been stationed in Okinawa, Japan, and he has worked for several years as a lawyer in private practice.

Lorelli is a member of the Trusts & Estates Practice Group of Plunkett Cooney. He has a decade of experience working in the areas of trust and estate planning, and trust and probate administration, including decedent estates, guardianships, conservatorships, and special needs trusts. He drafts estate plans; prepares fiduciary accounts in trusts, decedent estates and conservatorships; and he handles contested and uncontested probate matters across Michigan.

In addition to the SBM Military & Veterans’ Law Section, Lorelli is a member of the organization’s Probate & Estate Planning Section. He is also a member of the Oakland County Bar Association’s Probate & Estate Planning Section and the Veterans Committee. Lorelli received his law degree in 2013 from the University of Iowa College of Law and his undergraduate degree in 2009 from the University of Michigan.

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For the second consecutive year, U.S. News & World Report has named Varnum to its 2025 Class of Best Companies to Work For among U.S. law firms.

The evaluation process, conducted by a panel of experts at U.S. News & World Report, assesses law firms nationwide on six key factors that contribute to a thriving workplace culture:

• Quality of pay and benefits
• Work/life balance and flexibility
• Job and company stability
• Physical and psychological comfort
• Belongingness and esteem
• Career opportunities and professional development

Varnum earned commendable results in all six factors.

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Dobrusin Law Firm is pleased to announce that Eric Hydorn has been named to Michigan Lawyers Weekly’s prestigious Up & Coming Lawyers Class of 2025.

Hydorn focuses his practice on intellectual property law, assisting clients ranging from large corporations to individual vendors. He drafts and prosecutes patent applications and provides legal opinions on patentability, freedom-to-operate, infringement, and invalidity. His practice spans a range of fields including chemical, biological, mechanical, electromechanical, and software innovations.

Hydorn is a member of the State Bar of Michigan and is registered to practice before the U.S. Patent and Trademark Office. He is active with several professional and community organizations, including the Michigan Intellectual Property Inn of Court and the Pontiac Regional Chamber. His achievements include being named a Super Lawyers® Rising Star since 2022.

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Zausmer has expanded its insurance practice with the addition of Shareholder Stephanie Strycharz and three attorneys— Christopher Best, Irene Byars, and John Sechler—strengthening the firm’s insurance practice with experience in trial advocacy, Michigan no-fault law, and complex litigation.  They will be joining the firm’s Farmington Hills office.

Strycharz, who joins as a shareholder, is a trial attorney with experience defending major insurers and their insureds in first- and third-party claims. She is recognized for her innovative approach to insurance law, particularly in transportation cases and high-stakes litigation.

Best, joining as an associate, focuses his practice on first- and third-party insurance defense, insurance coverage, and litigation. He has an understanding of Michigan’s no-fault law and has secured favorable verdicts in complex cases.

Byars, also joining as an associate, specializes in Michigan no-fault, auto negligence, and insurance coverage disputes. Her case management skills enable her to handle complex matters from start to finish, ensuring effective outcomes for her clients.

Sechler, an associate with a litigation practice, handles negligence, insurance, and transportation matters. He is experienced in all stages of litigation, from pre-trial motions to appellate practice, and is noted for his trial and negotiation skills.

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Varnum partner Richard Hewlett has been recognized in Michigan Lawyers Weekly Hall of Fame Class of 2025.

Hewlett is a partner on the Litigation and Trial Practice Team, head of the Construction Law Practice Team, and co-chair of the Name, Image, and Likeness (NIL) Practice Team at Varnum. As a litigator, he has delivered results for clients in construction, commercial, and business disputes. His counsel is sought by boards of directors and C-suite executives regarding complex and sensitive issues, including internal investigations and compliance.

As the head of the Construction Law Practice, Hewlett has represented owners, construction managers, subcontractors/suppliers, and design professionals in a wide range of matters, including claims related to delays, extra work, productivity impact, defects, liens, and bond claims.

Co-chair of the NIL Practice team, Hewlett brings a combination of legal expertise and personal experience as a four-year letter winner on the University of Michigan football team. Following the June 2021 Supreme Court decision allowing student-athletes to monetize their NIL, Hewlett has represented collectives and brands in connection with NCAA compliance and related business counseling matters pertaining to NIL. He also has experience as a former NFLPA-certified agent who has represented athletes and coaches in contract negotiations, business ventures, and intellectual property law.

Hewlett has earned recognition for his contributions to the legal field. He holds the Martindale-Hubbell® AV Preeminent™ Peer Review Rating and has been listed in Best Lawyers in America® annually since 2014, earning multiple Lawyer of the Year titles. In 2023, he was named Go To Lawyer for Construction Law by Michigan Lawyers Weekly and has been recognized by DBusiness© as a Top Lawyer for Litigation – Construction over several years.

Outside of his practice, Hewlett and his late wife founded the Swing to Cure Diabetes Golf Outing to raise money for diabetes research. Established in 2008, the outing has raised more than $1 million, with proceeds benefiting Breakthrough T1D and its Center of Excellence at the University of Michigan.

In addition, Varnum partner Lauren Potocsky has been recognized as an Up & Coming Lawyer by Michigan Lawyers Weekly.

Potocsky is a partner on the Real Estate Practice Team at Varnum. She provides counsel on the acquisition, financing, sale, and leasing of commercial properties for clients ranging from large, multimillion-dollar companies to startup founders. Potocsky also has experience representing clients in the sale and acquisition of medical office buildings, along with leasing medical office space to physician groups, hospitals, and medical practices.

For the past three years, Potocsky has been recognized by Best Lawyers® as one of the “Ones to Watch,” a designation given to attorneys early in their careers in recognition of their outstanding professional excellence in private practice. She has also been named a Rising Star by Michigan Super Lawyers® since 2020.

Outside of her legal practice, Potocsky serves as a board member of the Northville Community Foundation.

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Taft Detroit partner-in-charge Mark Cooper has been named to Michigan Lawyers Weekly’s Class of 2025 Hall of Fame.

Cooper is partner-in-charge of Taft Detroit, responsible for the strategic direction for the firm’s Southfield and Detroit offices. He counsels a diverse set of clients nationwide on a variety of matters, including risk management, commercial disputes, real estate litigation, business torts and construction and contract disputes, and all aspects of insurance, from both a legal and business perspective.

Taft is also pleased to announce that associate Chris Richards has been appointed secretary of The Furniture Bank of Metro Detroit, a nonprofit organization that partners with the community to provide furniture to families in need. As secretary, Richards will contribute his legal insights and governance experience to help guide the organization in its mission to support those in need.

Richards is an attorney in Taft’s Environmental and Real Estate practice groups. He concentrates on issues ranging from helping clients proactively identify and resolve complicated environmental problems to assisting with the strategic navigation of regulatory processes. Richards has resolved legal complications with numerous regulatory agencies, including the EPA, EGLE, MIOSHA, and the USNRC. In addition to environmental law, he has experience counseling and advising commercial clients throughout the entire real property acquisition process, from initial identification of a real estate need to closing.

In addition, Taft associate Ryan Mardini has been selected to Michigan Lawyers Weekly’s Up & Coming Lawyers class of 2025.

Mardini is an associate in Taft’s Mergers and Acquisition, Private Equity, and Venture Capital and Emerging Companies practice groups. He focuses his practice on advising publicly held and privately owned companies and financial sponsors on a variety of transactional matters, including U.S. and cross-border mergers and acquisitions, private equity investments, minority and majority investments, joint ventures, and general corporate matters. He has advised on and managed transactions across a multitude of industries and jurisdictions from letter of intent to closing.

•            •            •

Brooks Kushman welcomes attorney Brett Smith back to the firm as a patent attorney on the patent prosecution team. With more than a decade of experience in intellectual property law, Smith helps clients secure and manage domestic and international patent portfolios, conduct patentability and infringement analyses, and navigate intellectual property licensing and privacy compliance.

Smith works with clients ranging from startups to multinational corporations across industries including automotive, aviation, robotics, medical devices, and consumer electronics. His background in mechanical engineering and patent law allows him to provide practical guidance on patent preparation, prosecution, post-issuance proceedings, and intellectual property disputes.  In addition to patent prosecution, Smith has represented clients in intellectual property litigation, including patent infringement and trade secret cases.

Smith earned his law degree from Chicago-Kent College of Law and a B.S. in Mechanical Engineering from Michigan State University.  He is admitted to practice in Illinois, Michigan, the U.S. Patent and Trademark Office, and multiple federal courts.

By Lee Hornberger

Introduction
This article is the first of two parts reviewing selected Michigan Supreme Court and Court of Appeals cases concerning arbitration.     

Michigan Supreme Court Decisions
Waiver of right to arbitration via case management order

Nexteer Auto Corp v Mando Am Corp.i  Party waived right to arbitration when it stipulated in case management order that arbitration provision did not apply. In dissent, Justice Markman agreed COA correctly held party claiming opposing party had expressly waived contractual right to arbitration does not need to show it will suffer prejudice if waiver not enforced. Markman said COA erred by holding defendant expressly waived right to arbitration by signing case management order which contained checked box next to statement: “An agreement to arbitrate this controversy ... exists ... [and] is not applicable.” He would have reversed COA on express waiver and remanded for consideration of whether defendant’s conduct gave rise to implied waiver, waiver by estoppel, or no waiver. Lesson: Be careful when checking boxes.

Not all artwork invoice claims subject to arbitration

Beck v Park West Galleries, Inc,ii considered whether arbitration clause in invoices for artwork purchases applied to disputes arising from prior purchases when invoices for prior purchases did not refer to arbitration. MSC held that arbitration clause contained in later invoices cannot be applied to disputes arising from prior sales with invoices that did not contain clause. MSC reversed part of COA judgment that extended arbitration clause to parties’ prior transactions that did not refer to arbitration. MSC recognized policy favoring arbitration of disputes arising under CBAs but said this does not mean arbitration agreement between parties outside collective bargaining context applies to any dispute arising out of any aspect of their relationship.

Arbitrator can hear claims arising after referral to arbitration

Wireless Toyz Franchise, LLC v Clear Choice Commc’n, Inc,iii  reversed COA and reinstated Circuit Court order denying defendants’ motion to vacate award and confirming award. Dissent in 303619 (May 31, 2012), said stipulated order intended arbitration includes claims beyond those pending because it allowed further discovery, gave arbitrator Circuit Court powers, and award would represent full and final resolution. Claims not pending at time order entered not outside scope of arbitrator’s powers. Lesson: Order to arbitrate language important.

Parental pre-injury waivers and arbitration

Woodman ex rel Woodman v Kera LLC,iv five (Justices Young, Hathaway, Kelly, Weaver, and Cavanaugh) to two (Justices Markman and Corrigan) decision authored by Justice Young, held parental pre-injury waiver unenforceable under common law.

MK v Auburnfly, LLC.v Parental indemnification agreement violated public policy as found in Woodman.

In 2011, Michigan Legislature enacted MCL 700.5109 which states:

(1) Before a minor participates in recreational activity, a parent or guardian of the minor may release a person from liability for economic or noneconomic damages for personal injury sustained by the minor during the specific recreational activity for which the release is provided.

(2) This section only applies to a recreational activity sponsored or organized by a nongovernmental, nonprofit organization. … .

Ex parte submission to employment arbitration panel inappropriate

Gates v USA Jet Airlines, Inc,vi vacated award and remanded case to Circuit Court because one of parties submitted to arbitration panel ex parte submission in violation of arbitration rules. Submission may have violated MRPC 3.4(c) (knowingly disobeying an obligation under the rules of a tribunal) and 3.5(b) (prohibiting ex parte communication regarding pending matter). Lesson: Do not make ex parte submissions in arbitration.  

Failure to record DRAA hearing

Kirby v Vancevii in lieu of granting leave, reversed COA (278731) and held DRAA arbitrator exceeded authority when arbitrator failed to adequately tape record arbitration proceedings. Circuit Court erred when it failed to remedy arbitrator’s error by conducting its own evidentiary hearing. Supreme Court remanded for entry of order vacating award and ordering another arbitration before same arbitrator. Lesson: Make sure recorder working.

Formal hearing format not required in DRAA arbitration

Miller v Miller.viii DRAA does not require formal hearing concerning property issues similar to that which occurs in regular trial proceedings.

Michigan Court of Appeals – Published Decisions
COA reverses Circuit Court order asking question of arbitrator in prior case

Mahir D Elder, MD, PC v Deborah Gordon, PLC.ix Plaintiff sued former employer for wrongful termination and received large monetary award from arbitration proceeding. Award stated plaintiff should receive compensation as calculated by Chart B, but award then listed lower monetary amount from Chart A. Plaintiff’s attorney in termination action did not notice discrepancy and confirmed award. Prior case was then dismissed. When original plaintiff sued his attorney for legal malpractice, Circuit Court decided to send question to arbitrator to determine whether arbitrator meant to award plaintiff amount stated in award. Plaintiff appealed. COA reversed. “After you have reviewed the materials, please confirm whether you intended to award Dr. Elder $5,516,907 in back pay, front pay and exemplary damages, or some other amount?” MCL 691.1694(4) precludes “any statement, conduct, decision, or ruling occurring during the arbitration proceeding.” This prohibits compelling arbitrators from giving evidence as a witness regarding statements, conduct, decisions, or rulings that it may have made during arbitration proceeding. Lesson: Read award carefully.

Pre-dispute arbitration agreement in legal malpractice case

Tinsley v Yatoomax involved pre-dispute arbitration provision in legal malpractice case. COA held under MRPC 1.8(h)(1) and EO R-23 arbitration provision enforceable because client consulted with independent counsel. COA: “We suggest contemplation by the State Bar of Michigan and our Supreme Court of an addition to or amendment of MRPC 1.8 to specifically address arbitration clauses in attorney-client agreements.”

Michigan Rules of Professional Conduct, Rule 1.19, effective Sep 1, 2022, says,

Rule 1.19. Lawyer-Client Representation Agreements: Arb Provisions

A lawyer shall not enter into agreement for legal services with client requiring that any dispute between lawyer & client be subject to arb unless client provides informed consent in writing to arb provision, which is based on being:

(a) reasonably informed in writing regarding scope & advantages & disadvantages of arb provision, or

(b) independently represented in making agreement.

Lesson: Study RPC Rule 1.19 before entering into arbitration agreement with client.
DRAA award partially vacated

Eppel v Eppel.xi COA held arbitrator deviated from plain language of Uniform Spousal Support Attachment by including profit from ASV shares. Deviation held substantial error which resulted in substantially different outcome. Deviation readily apparent on face of award.

Pre-arbitration hearing email submission of exhibits

Fette v Peters Constr Co.xii Michigan Arbitration Actxiii controlled; not Uniform Arbitration Act.xiv Record did not support plaintiffs’ contention arbitrator considered exhibits defendant electronically shared before hearing in making award determination. Even if award against great weight of evidence or not supported by substantial evidence, COA precluded from vacating award. Allowing parties to electronically submit evidence prior to hearing did not affect plaintiffs’ ability to present evidence they desired. Lesson: Consider ramifications of emailing exhibits to arbitrator and whether exhibits are in evidence or not.
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i500 Mich 955; 891 NW2d 474, 153413 (2017), lv den from 314 Mich App 391; 886 NW2d 906 (2016).
ii499 Mich 40; 878 NW2d 804 (2016), partially reversed COA 319463 (2015).
iii493 Mich 933, 825 NW2d 580 (2013).
iv486 Mich 228; 785 NW2d 1 (2010).
v___ Mich App ___, 364577 (Dec 17, 2024).
vi482 Mich 1005; 756 NW2d 83 (2008),
vii481 Mich 889; 749 NW2d 741 (2008),
viii474 Mich 27; 707 NW2d 341 (2005).
ix343 Mich App 388, 359225 (Sep 22, 2022).
x333 Mich App 257, 349354 (Aug 13, 2020), lv den.
xi322 Mich App 562 (2018).
xii310 Mich App 535; 871 NW2d 877 (2015).
xiiiMCL 600.5001 et seq.
xivMCL 691.1681 et seq.
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By Marie E. Matyjaszek

New year, new you, new child support formula manual. Unlike your New Year’s resolutions, the 2025 Michigan Child Support Formula (MCSF) manual must be adhered to for the next four years until another version is implemented.

Nothing earth shattering has been changed in the 2025 version, although several things are worth mentioning. The annual ordinary medical amount that the payee of support must pay first before unreimbursed health care costs for the children are divided between the parties has actually been reduced. Prior formulas only increased the minimum amount the payee had to spend before the percentage split kicked in. However, the 2025 MCSF lowered the amount from $454 per year per child to $200 per year per child.  

The new manual emphasizes that the payer of support pre-pays his or her percentage as part of the monthly support amount – while this is not new, clarification is helpful. Uninsured health care costs for the children incurred by both the recipient and payer of support are subject to division.

Day care costs also have a new expiration date. The prior formula provided that child care costs could be included until August 31st following the child’s 12th birthday. Now, child care continues until the last day of the month that the child is under the age of 13. Of course, a court can extend the child care expiration date should it be necessary to do so for that specific case and child.

If a parent is incurring costs associated with his or her incarceration or conviction, those recurring payments can be deducted when calculating child support. This does not apply if the crime was failure to support children, or committed against the children in the case (or their sibling), the other parent or custodian.

Along with a new formula comes updated SCAO forms – be sure to use the most recent Uniform Child Support Orders and Deviation Addendum when submitting your support orders to the court. The Friend of the Court approval process should catch if an old form has been used, but it’s always easier to have it right the first time.

Sticking with the 2025 MCSF manual is easy because you don’t have a choice – and good luck with the rest of your resolutions.
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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 emailing her at matyjasz@hotmail.com.

By Berl Falbaum

In 1947, the Bulletin of Atomic Scientists, a Chicago-based nonprofit organization, created the Doomsday Clock to symbolize how close they believed the Earth was to human extinction.

At the time, the clock was set at 11:53 p.m., seven minutes to midnight.

Through the years, the scientists shortened the time period and in January 2025, they set the clock at 89 seconds — 89 seconds, a second less than in January 2023 and January 2024, the closest they believe the world has been to “global catastrophe.”

In making their judgment the scientists consider a variety of factors: nuclear war threats, global warming, water and food shortages, biological dangers, and disruptive technologies like artificial intelligence.

But, as I have written in these articles, scientists throughout the world believe we face human extinction from the climate crisis alone.

And, sadly, there are no signs that we will leave the path to “final destruction.” Why? Because we face huge political and economic hurdles that cannot be overcome. The failure “to do anything” at the 29 annual international summit conferences we mentioned in one article prove the point.

The “solutions” on the table presently do little, if anything, to solve the crisis.

Electric cars: The vehicles use lithium-ion batteries that require cobalt and nickel, leading to mining and the destruction of some of the most pristine areas in the world.

Recycling: Not everything can be recycled, particularly almost all plastics. Many recycling operations use poisonous chemicals and some emit dangerous fumes. Finally, recycling, even if successful, may slow some contamination; it does not eliminate it.

Solar energy: The panels use hazardous materials and large projects need huge swaths of land, and disposal of the panels create enormous problems.

Wind: The turbines invade bird habitats, and create noise pollution and tremor issues on land and, if located on water, in the seas. Also, large projects require significant acreage.

Then there are suggestions on what all of us can do to save the planet, like not opening refrigerators too often, or using an old T-shirt instead of a sponge to clean a counter, or walk, bike, or take public transit.

Yup, we are on the brink of disaster and we are advised that using a T-shirt to clean a counter can help. The other recommendations fall into the same category.

So, what to do? One word defines what needs to be done: We need to sacrifice. And I mean really sacrifice.

As I stated in the introduction, I am a layperson, not an environmental scientist, but here are examples of what I believe we should do. If you believe any of them have even a remote chance of being adopted, contact me.

—Population growth. We need not only to control population but we need to reduce it, perhaps as much as 50 percent. It’s pure logic that if the population continues to grow, we will need more food, water, energy and land on which to expand. Growth will prove deadly. The Earth’s resources are, ultimately, finite.

—We must create a worldwide economy that does not depend on growth. Unless we create a financial system that makes saving the environment profitable, there is little reason to hope that the world will respond effectively. We live by the god of profits. We are ruled by the dollar, ruble, shekel, peso, euro, kopeck, dinar, franc. I would be more hopeful if the international conglomerates and corporations began offering stock in environmental protection programs.

—We need to consider the crisis not in term of decades, but in hundreds and thousands of years. Presently, we propose solutions with target dates of 2030, 2050, etc. What about 500 years from now, or 1,000 years (only 35 to 40 generations). I hear the response already: Who cares? Well, we are talking about saving humanity and hundreds of years is just a blink of an eye in the history of humanity on the planet.

—Drive cars that get 200 to 300 miles a gallon or more and have maximum speeds of, let’s say, 50 miles an hour. That would help. In 1973, after OPEC initiated an oil embargo, the auto industry built smaller cars. But, given that manufacturers considered profit margins unsatisfactory, they sold the public on SUVs.

—Reduce the number of flights daily from 100,000 in half or more. Remember, aviation emits one billion tons of CO2 every year. And opening your refrigerator less frequently will not help.

—Stop ravaging rain forests which are essential to our survival because they absorb CO2. Every hour forests the size of three footballs fields are cut down. Studies project that by 2030, only 10 percent of the world’s forests will remain standing.

—We must reduce cattle farming because cattle release methane gases which are more deadly than CO2.

—Starkly reduce both commercial and residential construction.

—We must cut back, drastically, on logging, mining, fishing, farming, the use of pesticides, etc.

Then there is plastic. We need — must — must, cut back or even eliminate its use. Indeed, it is probably impossible to repair the damage plastics have already done.

I cite these few examples only as illustrations of the kind of commitment that is needed to assure a habitable planet. But regrettably that will never happen because no community in the world will ever adopt projects that eliminate jobs, or temper the insatiable appetite for profit. The politics and economics are insurmountable.

Twenty-seven countries have levied “carbon taxes” on manufacturers emitting CO2 hoping the financial burden will reduce contamination. Of course, that does not solve the problem; many just pay the tax.

Former vice president, Al Gore, for all his fine work with his book and movie “An Inconvenient Truth,” in discussing possible solutions, does not mention one that requires sacrifice — from halting population growth to curbing air traffic. (In 2007, he shared the Nobel Prize for his work on the environment with the Intergovernmental Panel on Climate Change.)

The optimists and climate deniers tell us not to worry. The Earth is very resilient. True. But to give the Earth a chance to recover we must stop the assault. We are using resources faster than they can be replenished.

To conclude: I finished this series on a beautiful day. I went outside, scanned a blue cloudless sky and then realized that we are polluting space as well. Yes, space.

In what is called the low Earth orbit (LEO), there are 6,000 tons (12 million pounds) of “junk” — paint from spacecrafts, rocket parts, “dead” satellites — flying around the planet at 18,000 miles per hour.

I went to NASA’s website to see what it says about this, expecting it to be defensive since it is the country’s space agency. But it wasn’t.” It called the LEO the “world’s largest garbage dump,” posing threats to manned and unmanned flights.

“The space around the planet is filled with rubbish,” because, NASA adds, it is too expensive to clean up the mess — just like on Earth.

“It’s time to take out the trash!” NASA says.

Yes, but where do we put it?

So, the Doomsday Clock will steadily continue its countdown on when the Earth will become inhabitable. But it’s not the symbolic one we have to worry about.
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Berl Falbaum is a veteran journalist and author of 12 books.

(Editor’s note: This is the fifth and concluding column in a series of articles on the environment.)

Butzel attorneys Beth S. Gotthelf and Andrew S. AbdulNour will co-present a program during the Fourth Annual Battery Recycling & Reuse USA Conference on March 25 at the Renaissance Center in Detroit. Their presentation is titled, “Liability and Contract Issues for Recycled Batteries.” They will discuss the following and more:

• Understanding the legal implications and risks when recycling or reusing batteries for manufacturers, brokers, transporters, and other stakeholders

• What legal protections are available (UCC, Contracts, Insurance, other?)

• Compare the legal protections for brokers, resellers, repurposed, transporters and other stakeholders

• The efficacy of disclaimers, warranties

Gotthelf is director of Butzel’s Innovation and External Relations and co-chair of the Energy and Sustainability Practice. She provides a holistic approach to client challenges, leveraging her expertise to align legal strategies with client goals, often acting as outside general counsel or crafting innovative solutions.

Gotthelf also chairs the Michigan Manufacturers Association Environmental Policy Committee and is a sought-after speaker on topics like battery recycling regulations, blending business insight, legal expertise, and diverse professional experiences to deliver impactful results.

AbdulNour is a member of Butzel’s IP and Automotive groups. He advises suppliers on automotive compliance and regulatory matters, addressing warranty and product quality disputes, testing non-conformances, and implementing strategies to mitigate risk while aligning with industry standards.

Before transitioning to law, AbdulNour built a foundation in mechanical engineering, holding roles at Wayne State’s Optical Engine Lab, American Axle, Ford Motor Company, and Hanon Systems. At Ford, he worked as a test engineer, conducting hands-on battery cell and pack testing to support product development.

•            •            •

Jerome Pesick, a shareholder with Williams, Williams, Rattner, & Plunkett (WWRP), has been named to the Michigan Lawyers Weekly Class of 2025 Hall of Fame.

Prior to joining WWRP in 2022, Pesick led his own firm, Steinhardt, Pesick, and Cohen, for 20 years. He now sits on WWRP’s board of directors. Pesick’s entire legal career has focused on commercial real estate, with specialties in eminent domain and condemnation law, property tax appeals and land use.

Considered the “Dean of Eminent Domain,” Pesick’s milestone achievement is serving as lead counsel on what remains the largest eminent domain verdict in Michigan history—rendering $25 million in a case that involved a 6.3-acre parcel on the Detroit River. Not resting on his laurels, he continues to be in the lead on major eminent domain cases, most recently by successfully representing clients in high profile eminent domain and condemnation projects including the Gordie Howe International Bridge and I-94, as well as numerous clients impacted by the addition of traffic circles (roundabouts) in high traffic business corridors in Oakland County.

Pesick’s other eminent domain cases have included representing property owners in the following projects: Comerica Park and Ford Field, Poletown, Detroit Waterfront Casino and Reclamation Project, I-696, M-59 (Hall Road), M-5 (Haggerty Connector), Northwestern Connector, Van Dyke Highway, Detroit Metropolitan Airport Expansion, Wayne State University Welcome Center, Wayne County Pinnacle Aeropark, Ypsilanti Water Street Redevelopment, and Orchard Lake Road widening.

Pesick also has a track record of success representing clients in major business property tax appeal cases including commercial, office, industrial, agricultural, mixed-use and vacant land.

Committed to advancement of the legal profession and commercial real estate, Pesick has held a variety of leadership roles in the State Bar of Michigan Real Property Law Section, including chair of the section from 2009-2010. He also served as chair of the section’s Eminent Domain Committee for seven consecutive years. In 2022, Pesick was the 13th recipient of the section’s C. Robert Wartel Distinguished Service award. A frequent public speaker, he enjoys presenting to the legal profession and at commercial real estate events on legal trends in the industry.

In 2024, Pesick was admitted to the American College of Real Estate Lawyers (ACREL), the association of commercial real estate lawyers in the United States focused on service to clients, colleagues, and the profession. Other legal honors include multiple consecutive years (to present) as a Michigan Super Lawyer and Best Lawyer, including repeat recognition as the Best Lawyers in America – Eminent Domain and Condemnation Regional “Lawyer of the Year”; DBusiness Top Lawyer; and being named to the Michigan Lawyers Weekly Leaders in the Law class of 2019.

Active in the community, Pesick’s civic activities include serving on the Executive Committee as vice president of Adat Shalom Synagogue in Farmington Hills, and as a past board member of the National Bone Marrow Transplant Link and the Karmanos Cancer Institute.

Pesick earned his law degree from the University of Detroit Mercy School of Law and a Bachelor of Arts from the University of Michigan.

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The Dobrusin Law Firm is proud to announce that attorneys Erin Klug and Rebecca Wilson have again been recognized in the WTR 1000 by the World Trademark Review for 2025. They  received the Gold designation, an honor held by only seven individuals in Michigan.

Klug, an intellectual property attorney, represents clients spanning industries such as cannabis, automotive, and real estate.

Wilson’s practice focuses on trademarks and copyrights for diverse clients, including fashion brands, craft breweries, and medical device companies.

In addition to these individual recognitions, the firm is honored to be awarded a Silver designation in this year’s WTR 1000 rankings. This places Dobrusin among the top four firms in Michigan for trademark services.

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Kemp Klein is pleased to announce that Kemp Klein Vice President and Shareholder Robert S. Zawideh was chosen as the inagural recipient of the State Bar of Michigan – Litigation Section’s Litigation Excellence Award.

Zawideh primarily represents interested persons in high net worth trust and estate disputes. For more than 34-years He has successfully resolved complex litigation and business matters on behalf of individuals, businesses and municipalities. Zawideh has appeared in Michigan’s trial and appellate courts, including the Michigan Supreme Court, as well as before federal courts, state courts and arbitration panels across the United States. He has appeared in state and federal, trial or appellate courts in Michigan, Ohio, California, Illinois, Louisiana, and Washington, D.C., and has successfully argued before the United States Ninth Circuit Court of Appeals in San Francisco.

•            •            •

Miller Johnson is pleased to announce the addition of Dan Scharf as a counsel attorney in the firm’s Education practice. Scharf brings experience in Title IX and other matters involving education law.

Over the past two decades Scharf has enforced federal civil rights laws at K-12 and postsecondary educational institutions throughout Ohio and Michigan. He has conducted investigations and negotiated resolution agreements to ensure compliance with state and federal laws that prohibit discrimination based on race, color, national origin, sex, disability, and age.

Scharf brings experience in alternative dispute resolution and co-chaired a group responsible for training all employees within a federal agency on mediation best practices. Scharf also has experience delivering presentations to education stakeholders on compliance with federal civil rights laws, having presented to groups including administrative teams, teaching professionals, athletic directors, and parent groups.

Scharf earned his law degree from Case Western Reserve University School of Law and a B.A. from Lafayette College.

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Varnum is pleased to announce that Sam Kokoszka has joined the firm’s Real Estate Practice Team as a partner in the firm’s Birmingham office.

Kokoszka brings experience in commercial real estate and corporate law, including sales, leasing, corporate governance, mergers and acquisitions and licensing. He is experienced in handling complex business transactions for a diverse range of clients, from individual investors to large corporations.

Kokoszka has been included in Best Lawyers in America: Ones to Watch since 2021 and was named a Rising Star in Michigan Super Lawyers in 2024.

Kokoszka earned his law degree from Wayne State University Law School and his undergraduate degree from Central Michigan University.

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Miller Canfield is pleased to welcome attorneys Corinne S. Rockoff and Sydney E. Wright who are joining the law firm’s Real Estate and Litigation groups in its office in Troy.

Rockoff joins the firm as a senior attorney and focuses her practice on real estate and mortgage litigation, securitization transactions, title claims, construction disputes, and financial services matters. She has represented financial institutions, investors, and individuals in both litigation and negotiation settings. Recognized as a Best Lawyers: Ones to Watch and Super Lawyers Rising Star, Rockoff was also named a Michigan Mortgage Lenders Association “Rising Star.” She is admitted to practice in Michigan, New York, and the District of Columbia and is an active member of the Oakland County Bar Association, the State Bar of Michigan LGBTQA Law Section, and the Women Lawyers Association of Michigan. She serves on the board of the Ruth Ellis Center and as membership chair of George Washington Law School’s Lambda Law Alumni Association.

Wright joins Miller Canfield as an associate. She concentrates her practice on complex litigation, real estate and mortgage disputes, business and contractual matters, and financial services litigation. She has represented hospitals, surgical centers and rehabilitation clinics in insurance litigation. Wright earned her law degree from Michigan State University College of Law.

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Dykema is proud to announce that Michigan Lawyers Weekly selected Daniel Schairbaum as a “Go To Lawyer” for Commercial Real Estate Law.

As leader of the firm’s real estate practice group, Schairbaum counsels clients on acquisitions, dispositions, leasing, zoning, and land use in projects involving multi-family, retail, education, and manufacturing properties. He also negotiates complex design and construction contracts and helps borrowers secure financing from banks and other lenders.

Schairbaum earned a law degree from the University of Detroit Mercy School of Law and a B.A. from Hope College.

Dykema is also proud to share that Jennifer Beidel was selected to serve as Michigan Chapter Leader of the  Women’s White Collar Defense Association.

The Michigan Chapter of the Women’s White Collar Defense Association was formed in 2016. The group focuses on connecting women in Michigan who engage in government enforcement or white collar criminal defense work as private practitioners or consultants.

As a former federal prosecutor, Beidel is an advocate who uses the insights, investigative experience, and courtroom acumen she gained in that role to guide and protect organizations and individuals in internal investigations, corporate compliance matters, and white-collar criminal defense cases. In civil and criminal matters involving a broad range of regulatory regimes, she protects the interests of a diverse cross-section of clients in heavily regulated industries, including healthcare, life sciences, food and agriculture, cannabis, and financial services.

During her years as an assistant U.S. attorney in the Southern District of New York, Beidel was a member of the Complex Frauds and Cybercrime Unit. She led investigations and prosecutions in various areas, including tax fraud, healthcare fraud, cybercrime, bank and wire fraud, securities fraud, consumer fraud, bribery, and money laundering. She also worked closely with numerous government agencies, including the FBI, SEC, IRS, DEA, Department of Homeland Security, Department of Labor, Secret Service, Postal Inspection Service, and New York State Department of Financial Services.

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Taft Data Privacy Partner Jon Sriro will serve as a panelist at the “Technology Today Briefing: Business Leader Cybersecurity Event” on March 18 in Detroit. Alongside other cybersecurity and financial experts, Sriro will discuss strategies for businesses to prevent cyber threats and maximize cybersecurity investments.

Sriro represents companies in technology transactions and data privacy and data security matters. He has experience counseling clients on a range of privacy, cybersecurity, and information management issues in the context of vendor/vendee agreements, data and data security issues related to mergers and acquisitions, compliance, business strategy, technology transactions, litigation, incident response preparation, insurance, data breach/incident, and regulatory compliance issues.

Sriro is a Certified Information Privacy Professional/United States (CIPP/US) with the International Association of Privacy Professionals.

In addition, Taft Detroit Technology and Artificial Intelligence Chair and Partner Jeremy Bisdorf will present on the legal impact of AI at the Software and Beyond lunch discussion for Blue Water Human Resource Association on March 20. In his presentation, Bisdorf will address the challenges, risks, and regulations surrounding AI use for professionals.

Bisdorf provides strategic legal and business advice to clients to maximize the value of their patents, trademarks, copyrights, and other proprietary information. He serves as general counsel and  advisor to a variety of privately-held businesses in different industry segments where technology and know-how are key business assets. In his practice, Bisdorf counsels clients on contracts, national and international intellectual property protection, business negotiations, licensing matters, business formation issues, corporate governance, ownership transfers, and tax planning strategies.

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Plunkett Cooney partner and appellate attorney Mary Massaron was recently named by Michigan Lawyers Weekly (MiLW) to the publication’s 2025 Hall of Fame Class.  Massaron is one of 26 attorneys selected by MiLW as a top legal leader in Michigan who has been practicing for 30 years or more.

A former law clerk to Michigan Supreme Court Justice Patricia J. Boyle, Massaron has handled or supervised the handling of more than 400 appeals, resulting in approximately 150 published opinions, including more than 100 appeals in the Sixth Circuit Court of Appeals. Massaron has won numerous victories before the Michigan Supreme Court for public- and private-sector clients, overturning multi-million-dollar judgments and establishing new legal principles.

In addition to this honor, MiLW selected Massaron as a Leader in the Law in 2009 and she has twice received Western Michigan Cooley Law Review Award Distinguished Brief Award for the best briefs filed in the Michigan Supreme Court. She has also been recognized by Best Lawyers in America for Appellate Law and has been repeatedly acknowledged as one of Michigan’s top 100 lawyers, top 50 business lawyers, top 25 women business lawyers, top 50 female lawyers, and top appellate law practitioners by Michigan Super Lawyers. She was recognized as the Best Lawyers 2017 and 2021 Appellate Practice “Lawyer of the Year” in Bloomfield Hills, and DBusiness Magazine named her top appellate lawyer for the past five years.

In addition, Plunkett Cooney associate attorney Arturo Alfaro was recently named to the 2025 Class of Up & Coming Lawyers by Michigan Lawyers Weekly.  

A member of Plunkett Cooney’s Bloomfield Hills office, Alfaro practices in Plunkett Cooney’s Transportation Law Practice Group and focuses his practice primarily in the areas of motor vehicle negligence and no-fault law. He routinely defends insured motorists, rental car companies and corporations in no-fault coverage disputes and negligence suits.

As leader of the firm’s Immigration Law Practice Group, Alfaro maintains a multi-faceted immigration law practice through which he assists individuals and families with family-based petitions and Visa processing, including permanent residency and removal of residency conditions. He also handles naturalization and other types of applications.

Alfaro currently serves on the Board of Directors of the Hispanic Bar Association of Michigan. He is a member of the Oakland County and Detroit bar associations and the Immigration Law Section of the State Bar of Michigan, where he served as treasurer.

In addition to the MiLW honor, Alfaro has been designated by Best Lawyers as one of their Ones to Watch in immigration and transportation law since 2023. He received his law degree from Cooley Law School in 2020 and his undergraduate degree from Baker College in 2004.

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Brooks Kushman is proud to announce that attorneys Chloe Conway, Francesca Cusumano, Fatima Kassem, and Marla Spain are participating in the ChIPs Mock Program 2025. ChIPs is an organization dedicated to advancing women in technology, law, and policy. The Mock Program provides participants with an opportunity to engage in hands-on learning experiences that simulate real-world challenges in intellectual property law.

The program fosters professional growth by allowing participants to practice their legal skills in a supportive environment while building connections with established leaders in the industry. Special thanks go to Rachel Smith and Erin Bowles who mentored the participants and helped them navigate this opportunity.

Conway’s practice focuses on trademark and copyright clearance, prosecution, and enforcement. She works with clients in a variety of industries, including technology, entertainment, consumer products, sports, and hospitality. She regularly performs trademark clearance searches and prepares trademark applications, drafting identifications of goods and services and responding to office actions. She also prepares cease and desist letters and files opposition proceedings for enforcement of existing trademark rights. Conway is also a team member of the firm’s due diligence practice and focuses on preparing trademark-related agreements, such as licensing agreements, confidentiality, non-disclosure, and settlement agreements.

Cusumano is a registered patent attorney with expertise in intellectual property law, including patent and trademark enforcement, preparation, and prosecution. Her practice spans diverse technology sectors such as industrial chemicals, materials science, and automotive systems.  She earned her law degree from Wayne State University Law School and a degree in Chemistry from the University of Michigan.

Kassem is a dedicated trademark and copyright attorney who focuses on trademark and copyright clearance, prosecution, and enforcement for clients in industries such as technology, 

entertainment, consumer products, sports, and hospitality. She handles trademark clearance searches, applications, office actions, cease and desist letters, and opposition proceedings to protect clients’ intellectual property. Kassem earned a dual J.D. and MBA from Michigan State University and a BBA in Finance from the University of Michigan Dearborn.

Spain focuses her practice on patent prosecution support in the life sciences practices. Her technical expertise includes molecular biology, genetics, human physiology, biochemistry, biotechnology, physics, and biology. Prior to joining the firm, Spain was a research associate at Wayne State University School of Medicine Center for Molecular Medicine and Genetics where she was working to understand the molecular mechanisms of retinal degeneration and regeneration. Spain earned a law degree from the University of Richmond School of Law and her Ph.D. in Biological and Biomedical Sciences from Oakland University.

•            •            •

Goodman Acker has relocated its offices to Two Towne Square, Suite 444 in Southfield.  The 11,200-square-foot office space will strengthen collaboration, efficiency, and client service, according to Barry Goodman, founding partner of Goodman Acker.

“This new location marks an important new chapter in the continued growth of the firm,” said Goodman. “Since establishing our firm in 1993, we’ve supported clients through their toughest moments and delivered case wins that have changed lives. We are eager to continue that work in a new, expanded office that will provide an enhanced space for clients and our team.”

The move represents the firm’s “evolution as a reflection of its success, built on a legacy of dedicated legal advocacy, community involvement, and commitment to achieving justice for clients across Michigan,” Goodman indicated. The modernized space allows its staff of 30 to reinforce a culture of teamwork and mentorship that has long been a hallmark of Goodman Acker.

“We have a proven track record that continues to drive our achievements,” said attorney Amanda Warner, a partner at the firm. “With our 99 percent win rate, clients want to work with us. As such, we are planning to increase hiring as we look to grow by at least 10 percent over the next 12 months, focused on bringing on more attorneys and staff.”

As a multi-generational law firm, Goodman Acker continues to uphold the vision, leadership and values that have defined its impact for more than three decades.

“It is truly meaningful to be part of this next chapter of the Goodman Acker law firm,” said Jordan Acker, a partner at the firm. “While many of the tactics and technology used to practice law today have evolved, the importance of delivering positive results for our clients has been a constant. My father and Barry built this law firm on a foundation of integrity, dedication, and a deep commitment to our clients. As we continue to grow, we remain devoted to serving the community, fighting for justice and ensuring Goodman Acker thrives for generations to come.”

By Eric Hamp

Freedom of the press is important to those who have chosen to be journalists and serve as the peoples’ watchdogs in America for almost 250 years.

Many feel that the First Amendment is in peril. Trust in the media has eroded at every level. Continuous allegations of “fake news” continue to permeate social media and “new” media ... often targeting legacy media who will not report a certain opinion but rather continue to rely on facts. In Michigan, this is not helped by the fact that our “Capitol Press Corps” has limited access to information about the legislature and the executive office.

For a decade, proponents of open government in the legislature and the public have pushed to remove the exemption our governor and legislators have from the Freedom of Information Act (FOIA). For five consecutive legislative sessions, this effort has been shut down.

This year, the state senate showed a strong willingness to advance these bills by making them the first and second bills introduced in the session. They then went ahead to pass them out of the senate to the house…where they have once again been stiff-armed.

Newspapers, small and large around the country, have been threatened with lack of access – and worse – for not capitulating to a certain political narrative. In Michigan, we continue to fight for access to what should be public records from our legislature and governor but both are currently exempt from FOIA. Which leads us to keep asking these elected officials, “What have you got to hide?”

There are things you can do to help strengthen your rights and press freedom. Let your state representative know you want to see transparency in the State Capitol. Join your community newspaper in celebrating Sunshine Week, March 16-22, a nonpartisan collaboration among groups in the journalism, civic, education, government and private sectors that shines a light on the importance of public records and open government.
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Eric Hamp  is publisher and editor of the Houghton Lake Resorter/Crawford County Avalanche. He is the president of the Michigan Press Association (https://michiganpress.org).  Founded in 1868, the MPA promotes the power of print and the public’s right to know.