Columns
LEGAL PEOPLE
January 14 ,2025
Three local Butzel attorneys have been elected shareholders. Shanika A.
Owens, Blake C. Padget, and Blaine A. Veldhuis are newly elected
shareholders.
:
Three local Butzel attorneys have been elected shareholders. Shanika A. Owens, Blake C. Padget, and Blaine A. Veldhuis are newly elected shareholders.
Owens, based in Butzel’s Detroit office, focuses her practice on helping clients navigate mergers and acquisitions, corporate governance, and real estate law. Her experience includes a wide range of transactions in a variety of industries.
In 2022, Owens, along with her colleagues, represented the seller in an acquisition worth more than $400 million. She and the team received the 2023 Association for Corporate Growth (ACG) Detroit Chapter’s M&A Deal of the Year award in recognition of their legal expertise in navigating the transaction.
Based in Butzel’s Troy office, Padget concentrates his practice on labor and employment law. He is part of Butzel’s employment litigation team defending employers in cases involving claims of discrimination, harassment, and wrongful termination. He also has experience counseling clients on employment law issues such as the Americans with Disabilities Act (ADA) interactive process and Family and Medical Leave Act (FMLA). In addition to spending several years in private practice, Padget has experience working in-house on labor and employment matters for one of Detroit’s largest employers.
Padget has helped counsel clients on rapidly developing employee issues such as employee complaints and discipline. He has responded to charges from administrative agencies, including the EEOC, MDCR, and NLRB.
Veldhuis, based in Butzel’s Troy office, focuses his practice on defending wage and hour claims, discrimination claims, sexual harassment claims, whistleblower claims, commercial litigation, and general employment litigation. He counsels employers in employee relations and discipline and discharge matters, and also assists employers in drafting employment policies and in complying with the federal and state employment laws. Veldhuis also focuses on the defense of complex ERISA litigation and single plaintiff ERISA cases.
Veldhuis has experience representing defendants and respondents in administrative and governmental investigations, including Internal Revenue Service and U.S. Department of Labor audits, and investigations conducted by the U.S. Department of Justice, Equal Employment Opportunity Commission, Michigan Department of Civil Rights, and the Michigan Department of Licensing and Regulatory Affairs.
In addition, Butzel attorney Geaneen M. Arends is among attorneys named to Michigan Lawyers Weekly’s 2024 ‘Michigan Go To Lawyers’ Power List. She is recognized in the category of business transactions.
Based in the firm’s Detroit office, Arends is a Butzel vice president and serves on the firm’s Board of Directors. She also serves as chair of the firm’s Diversity, Equity, and Inclusion Committee. Arends is a business attorney with more than 25 years of experience in mergers & acquisitions and commercial real estate transactions.
She assists businesses with entity formation and maintenance, general business contracts, equity and asset sales, and minority-owned business certification. Arends has been lead counsel or significantly involved in domestic and international M&A transactions in a variety of sectors, including the automotive and professional service industries. She also advises businesses on a variety of real estate transactions, including financing, acquisition, disposition, development and leasing of multi-family residential, retail, office and industrial properties throughout the United States.
Arends is an alumna of Leadership Detroit, Class XXVII. She serves on the Board of Directors of the Karmanos Cancer Institute, Detroit PBS, and Detroit Legal News Co. (DTRL) U.S.: OTC and is a member of the Real Property Law Advisory Board for the Institute of Continuing Legal Education. She also is a Fellow of the American Bar Foundation and the Detroit Bar Association and its foundation.
Arends has been honored by Best Lawyers in America® - Real Estate Law, 2025; Crain’s Detroit Business - Notable Black Business Leaders, 2024; 2021 Diversity Business Leader Honoree by Corp! Magazine; Crain’s Detroit Business - Notable Executives in Diversity, Equity and Inclusion, 2021; Crain’s Detroit Business - Notable Woman Attorney, 2017; M&A Advisor - Cross-Border M&A Deal of the Year (over $50MM – $100MM), 2016; Association for Corporate Growth, Detroit - All Star Deal of the Year Over $50 Million, 2015; Michigan Lawyers Weekly - Women in the Law, 2014; and, DBusiness Top Lawyers in Metro Detroit, Nonprofits/Charities Law, 2014; Corporate Law, 2018 & 2022, 2023; Real Estate Law, 2014, 2017, 2018, 2020-2023; Mergers & Acquisitions Law, 2018, 2020.
Arends is a graduate of Michigan State University (B.A., History, 1994) and of Boston College Law School (1998). She is admitted to the State Bar of Michigan and the U.S. District Court, Eastern District of Michigan.
• • •
Warner Norcross + Judd LLP announced two Detroit-area attorneys have been named partners.
The new partners are John C. Muhs and Michael A. Stone. Muhs is based in Detroit, and Stone is based in Macomb County. Both are members of the State Bar of Michigan.
Muhs is a transactional attorney who specializes in securities and investment matters. He is a member of the firm’s industry-leading impact investing group, where he works with community development financial institutions, church extension funds, charitable loan funds and other organizations to finance community development activities.
Muhs has been recognized on Best Lawyers® Detroit: Ones to Watch List since 2021. He serves as board secretary of Detroit Phoenix Center and is a member of Opportunity Finance Network, Denominational Investors & Loan Administrators and the Michigan Venture Capital Association.
Muhs earned a bachelor’s degree from the University of North Carolina at Chapel Hill and a law degree from the University of Michigan Law School.
Stone chairs the firm’s aerospace and defense industry group and specializes in government contracting, drawing on his military career to enable organizations to take full advantage of commercial opportunities. Stone brings diverse skills and experience to his practice being a former litigator, corporate general counsel, and major general of the U.S. Army.
He currently serves on numerous community, military and veterans service boards.
Stone earned a bachelor’s degree from the University of Detroit Mercy, a law degree from Michigan State University College of Law, and a master’s degree from the U.S. Army War College.
• • •
The Michigan Supreme Court (MSC) has appointed Executive Court Administrator Frank Hardester, of the Third Circuit Court in Wayne County, to the Michigan Judicial Council (MJC) through a recent administrative order. Hardester’s appointment fills one of four slots on the MJC designated for trial court administrators and is for a full term that began January 1 and ends December 31, 2027.
The MJC is charged with making recommendations to the Michigan Supreme Court on matters pertinent to the administration of justice, including developing a strategic agenda for the judicial branch and suggesting proposals that would enhance the work of all courts.
Hardester has nearly 30 years of experience working in public service, including 27 years in the courts, and has worked in the Third Circuit Court since June 2023. He previously served as court administrator in the 36th Circuit Court in Van Buren County. A graduate of Western Michigan University, Hardester has held leadership positions in several industry and professional organizations, including president of the Michigan Association of Circuit Court Administrators, member of the Foreign Language Board of Review through an appointment by the MSC, and director on the board of the National Association for Court Management.
“I am thankful for Chief Judge Patricia Perez Fresard allowing me to dedicate time to this endeavor,” said Hardester. “I am also very honored to join the Michigan Judicial Council and contribute my expertise to the important work of advancing the Council’s strategic vision for the judiciary. I look forward to collaborating with my colleagues to enhance access to justice and improve the efficiency and effectiveness of our courts for those we serve.”
Since its inception in April 2021, the MJC has outlined a strategic planning process, identified its mission and vision statements, and long-range goals for the judicial branch. In 2023, the MJC established workgroups under its Strategic Agenda to implement its Operational Plan. Reports and recommendations can be found on the Michigan Judicial Council webpage at www.courts.michigan.gov/administration/special-initiatives/mjc.
• • •
Jones Day has announced that 37 lawyers were admitted to its partnership effective January 1, including two lawyers in Detroit.
The new partners in Detroit are Andrew J. Clopton and Kurt A. Johnson, both with the Issues & Appeals practice group. Clopton is a graduate of the University of Michigan Law School, obtaining his law degree in 2015. Johnson is a graduate of the U-M Law School, earning his law degree in 2015.
• • •
Bodman PLC is pleased to announce that Daniel J. Canine and Jessica D. VanWert have rejoined the firm’s Banking and Finance Practice Group and will launch an equipment and trade finance practice.
Canine and VanWert are veteran banking and finance attorneys with experience negotiating and structuring equipment lease finance transactions. Both join as members of Bodman based in the Troy office.
Canine concentrates his practice in the structuring, negotiation, documentation, and closing of equipment and trade finance transactions. He represents banks and equipment finance companies on equipment loan and lease originations, lease and loan acquisitions, and sales and remarketing of off lease equipment. He also represents banks and equipment finance companies in connection with establishing financing, vendor and referral programs, and developing standard equipment finance documentation.
Canine is a graduate of the University of Michigan Law School and received his undergraduate degree from Michigan State University’s James Madison College. He began his legal career with Bodman in 2000. Over the last 25 years, he has practiced at Bodman and held in house roles, including at Macquarie Equipment Finance and most recently at Mitsubishi HC Capital America, Inc. where he served as executive vice president and general counsel. He is a legal instructor for the Certified Lease & Finance Professional (CLFP) Foundation.
VanWert concentrates her practice in representing equipment finance companies in negotiating and structuring equipment finance and leasing transactions. She counsels banks and equipment finance companies in all stages of loan and leasing originations, including review, preparation and negotiation of loan documents and leases, collateral documents and other ancillary documents, and corporate authority and organizational documents. She also represents banks and equipment finance companies in connection with lease and loan acquisitions, development of financing, vendor and referral programs, and workout and restructuring of lease and loan transactions.
VanWert is a graduate of Indiana University School of Law and received her undergraduate degree from the University of Michigan. She began her legal career at Bodman in 2007. She left the firm in 2017 to serve in-house roles, including in-house counsel for one of the nation’s largest all-digital bank and industry-leading auto financing businesses and, most recently, as general counsel for a leading equipment leasing solutions provider that specializes in acquiring equipment for clients in the construction and industrial, healthcare, IT solutions and services, material handling and automation, and renewable energy and solar sectors.
Bodman is also pleased to announce that Arti Batra joined the firm as a member in the High Net Worth Practice Group.
Batra, who is based in the firm’s Detroit office, counsels high net worth individuals, multigenerational families, and blended families on estate planning, charitable giving, retirement planning, planning for incapacity and disability, asset protection, business succession planning, and trust administration.
Before joining Bodman, Batra worked at a public accounting firm based in Seattle where she counseled clients and their professional advisors on ways to minimize estate, gift and generation skipping transfer taxes. She also served as a senior estate planner and vice president for a wealth management, capital markets, asset management and private equity firm as part of its wealth planning team.
Batra also founded and operated her own law firm in Southfield where she established an estate planning practice that was largely concentrated on estate planning, estate administration, business succession planning, and tax planning for high net worth clients.
Batra is a graduate of Wayne State University Law School and received undergraduate and Master of Public Health degrees from the University of Michigan. She also earned a Master of Laws degree in Taxation from Villanova University Charles Wridger School of Law.
• • •
Attorney Jeffrey G. Schultz has joined the litigation practice of Foster, Swift, Collins, & Smith PC in Southfield. Schultz concentrates his practice on personal injury and insurance defense
matters. He has experience in a variety of civil defense fields including construction litigation, first and third-party auto liability, workers’ compensation defense, and premises liability.
Schultz received his law degree from Wayne State University Law School.
• • •
McDonald Hopkins is proud to announce the recognition of several attorneys recognized by Leading Lawyers.
The following local attorneys have received the recognition of Leading Lawyers for 2025:
James J. Boutrous II—Employment Law: Employee, Employment Law: Management, Trade Secrets/Unfair Competition Law
James Giszczak—Data Privacy, Trade Secrets/Unfair Competition Law
Patrick A. Karbowski—Land Use, Zoning & Condemnation Law, Real Estate Law: Commercial, Real Estate Law: Finance
Antoinette Pilzner—Tax Law: Business
Miriam Rosen—Employment Law: Management
Michael P. Witzke—Elder Law, Trust, Will & Estate Planning Law
• • •
Varnum is proud to announce that Louis F. Ronayne and Jacob R. Whately have been promoted to partner.
Ronayne is based in the firm’s Novi office and is a member of the Litigation Team. He represents clients in a range of business and commercial litigation matters, including high-stakes disputes involving temporary restraining orders and preliminary injunctions. He has experience in litigating contracts and business torts, including non-compete, UCC, and fraud cases, real estate matters, and construction disputes. In addition, Ronayne is an experienced appellate advocate.
Whately is a member of Varnum’s Corporate Team. Based in the firm’s Birmingham office, he focuses on mergers and acquisitions and also advises clients on general corporate matters, including business formations, restructurings and dissolutions, contract drafting and negotiations, terms and conditions analysis, disputes with customers and suppliers, nondisclosure agreements and corporate governance. Whately is also a member of the Venture Capital and Emerging Companies specialty area and advises emerging companies on capital fundraising, including SAFE financing, preferred equity financing and securities law compliance.
• • •
Miller Canfield is proud to announce that Elizabeth Baker and Christopher Dutot, attorneys in the firm’s immigration practice, have been named the recipients of the 2024 Richard J. Seryak Award for Outstanding Pro Bono and Community Service.
Baker and Dutot exemplify the values celebrated by the Seryak Award through their commitment to pro bono service, particularly in the Road to Restoration driver’s license restoration clinics. This public-private partnership, which includes the Michigan Secretary of State’s Office, DTE Energy, United Way, and the Michigan Attorney General’s Office, has helped nearly 10,000 Michigan residents regain their driving privileges.
Established in 2015, the Seryak Award honors the extraordinary legacy of Richard J. “Dick” Seryak, a leading employment lawyer and litigator at Miller Canfield for nearly 40 years. Seryak was committed to ensuring that individuals without resources could access the legal assistance they needed, setting a standard for client service, professional excellence, and dedication to pro bono and community service.
• • •
Plunkett Cooney partner Glenn C. Ross was recently named to the 2025 Class of Go To Lawyers for Commercial Real Estate as determined by Michigan Lawyers Weekly (MiLW).
A member of Plunkett Cooney’s Business Transactions & Planning Practice Group in the Bloomfield Hills office, Ross has nearly 15 years of experience representing clients in numerous aspects of general corporate law, business and commercial matters, and mergers and acquisitions, as well as in transactions related to complex financing. He provides counsel and advice regarding a variety of financing sources for real estate projects and business transactions, including the use of tax credits, conventional construction and permanent financing loans, Fannie Mae and Freddie Mac loans, 221(d)(4) and 221(f) FHA loans, HOME funds, private activity bonds and other federal, state and local financing sources.
A 2011 graduate of Wayne State University Law School, Ross is a member of the State Bar of Michigan. He received his undergraduate degree from Michigan State University in 2005.
• • •
Brooks Kushman is proud to announce that Reza Roghani Esfahani, Fanqi Meng, and Dustin Zak have been promoted to shareholder through election by their peers.
Esfahani is an intellectual property attorney at Brooks Kushman, specializing in patent and trade secret litigation across a range of technologies, including mechanical, chemical, and computer sciences. She is also a member of the firm’s post-grant practice group, with extensive experience representing clients in Inter Partes Review proceedings. Esfahani’s experience includes representing clients in high-stakes litigation, such as his key role in the successful defense of Ford Motor Company in Versata Software v. Ford Motor Company, where the team reduced a $1.4 billion damages claim to just $3 in nominal damages. With a technical background in chemical engineering, Esfahani brings an understanding of complex technologies to his legal practice, ensuring clients receive effective and strategic IP representation.
Meng is an intellectual property attorney who focuses his practice on patent prosecution and litigation in the electrical arts and computer systems. His practice also includes free and open-source software compliance and review. Meng has experience in preparing and prosecuting patent applications on a variety of technologies, including electronics, computers, and automotive-related arts. In addition, he has been involved in several patent dispute negotiations and settlements. Prior to joining Brooks Kushman, Meng spent three years working as a patent practitioner in Beijing, China, conducting various patent practices. With this international background, Meng works with a diverse range of clients from various parts of the world, including the US, EU, Greater China Region, Japan, and South Korea. He also has experience drafting patent applications and responses to office actions, as well as conducting various patent practices in computer systems and electronics.
Zak is a registered patent attorney who focuses his practice on patent prosecution, online enforcement, and litigation. He possesses a range of technical experience, from chemical and material arts to software applications and artificial intelligence. Zak has managed many of his clients’ patent portfolios to protect and advance their key products and technologies. He also has experience with online enforcement of his clients’ intellectual property, such as on Amazon.com. Zak has played roles in the success of his clients as both plaintiffs and defendants in patent litigation. His role in patent prosecution, online enforcement, and patent litigation gives him a unique perspective to provide valuable insight into litigation strategies and protecting his clients’ technologies.
In addition, Brooks Kushman is proud to announce that eighteen of the firm’s lawyers were named “Leading Lawyers for 2025” by Leading Lawyers Magazine. The Leading Lawyers for 2025 include:
Sangeeta Shah
Matthew Jakubowski
Michael Brodbine
Robyn Lederman
Molly Crandall
Marc Lorelli
Mark Cantor
William Abbatt
Frank Angileri
Erin Bowles
John Halan
Jeffrey Szuma
William Conger
Kevin Heinl
Elizabeth Janda
James Kushman
Thomas Lewry
Robert Tuttle
Owens, based in Butzel’s Detroit office, focuses her practice on helping clients navigate mergers and acquisitions, corporate governance, and real estate law. Her experience includes a wide range of transactions in a variety of industries.
In 2022, Owens, along with her colleagues, represented the seller in an acquisition worth more than $400 million. She and the team received the 2023 Association for Corporate Growth (ACG) Detroit Chapter’s M&A Deal of the Year award in recognition of their legal expertise in navigating the transaction.
Based in Butzel’s Troy office, Padget concentrates his practice on labor and employment law. He is part of Butzel’s employment litigation team defending employers in cases involving claims of discrimination, harassment, and wrongful termination. He also has experience counseling clients on employment law issues such as the Americans with Disabilities Act (ADA) interactive process and Family and Medical Leave Act (FMLA). In addition to spending several years in private practice, Padget has experience working in-house on labor and employment matters for one of Detroit’s largest employers.
Padget has helped counsel clients on rapidly developing employee issues such as employee complaints and discipline. He has responded to charges from administrative agencies, including the EEOC, MDCR, and NLRB.
Veldhuis, based in Butzel’s Troy office, focuses his practice on defending wage and hour claims, discrimination claims, sexual harassment claims, whistleblower claims, commercial litigation, and general employment litigation. He counsels employers in employee relations and discipline and discharge matters, and also assists employers in drafting employment policies and in complying with the federal and state employment laws. Veldhuis also focuses on the defense of complex ERISA litigation and single plaintiff ERISA cases.
Veldhuis has experience representing defendants and respondents in administrative and governmental investigations, including Internal Revenue Service and U.S. Department of Labor audits, and investigations conducted by the U.S. Department of Justice, Equal Employment Opportunity Commission, Michigan Department of Civil Rights, and the Michigan Department of Licensing and Regulatory Affairs.
In addition, Butzel attorney Geaneen M. Arends is among attorneys named to Michigan Lawyers Weekly’s 2024 ‘Michigan Go To Lawyers’ Power List. She is recognized in the category of business transactions.
Based in the firm’s Detroit office, Arends is a Butzel vice president and serves on the firm’s Board of Directors. She also serves as chair of the firm’s Diversity, Equity, and Inclusion Committee. Arends is a business attorney with more than 25 years of experience in mergers & acquisitions and commercial real estate transactions.
She assists businesses with entity formation and maintenance, general business contracts, equity and asset sales, and minority-owned business certification. Arends has been lead counsel or significantly involved in domestic and international M&A transactions in a variety of sectors, including the automotive and professional service industries. She also advises businesses on a variety of real estate transactions, including financing, acquisition, disposition, development and leasing of multi-family residential, retail, office and industrial properties throughout the United States.
Arends is an alumna of Leadership Detroit, Class XXVII. She serves on the Board of Directors of the Karmanos Cancer Institute, Detroit PBS, and Detroit Legal News Co. (DTRL) U.S.: OTC and is a member of the Real Property Law Advisory Board for the Institute of Continuing Legal Education. She also is a Fellow of the American Bar Foundation and the Detroit Bar Association and its foundation.
Arends has been honored by Best Lawyers in America® - Real Estate Law, 2025; Crain’s Detroit Business - Notable Black Business Leaders, 2024; 2021 Diversity Business Leader Honoree by Corp! Magazine; Crain’s Detroit Business - Notable Executives in Diversity, Equity and Inclusion, 2021; Crain’s Detroit Business - Notable Woman Attorney, 2017; M&A Advisor - Cross-Border M&A Deal of the Year (over $50MM – $100MM), 2016; Association for Corporate Growth, Detroit - All Star Deal of the Year Over $50 Million, 2015; Michigan Lawyers Weekly - Women in the Law, 2014; and, DBusiness Top Lawyers in Metro Detroit, Nonprofits/Charities Law, 2014; Corporate Law, 2018 & 2022, 2023; Real Estate Law, 2014, 2017, 2018, 2020-2023; Mergers & Acquisitions Law, 2018, 2020.
Arends is a graduate of Michigan State University (B.A., History, 1994) and of Boston College Law School (1998). She is admitted to the State Bar of Michigan and the U.S. District Court, Eastern District of Michigan.
• • •
Warner Norcross + Judd LLP announced two Detroit-area attorneys have been named partners.
The new partners are John C. Muhs and Michael A. Stone. Muhs is based in Detroit, and Stone is based in Macomb County. Both are members of the State Bar of Michigan.
Muhs is a transactional attorney who specializes in securities and investment matters. He is a member of the firm’s industry-leading impact investing group, where he works with community development financial institutions, church extension funds, charitable loan funds and other organizations to finance community development activities.
Muhs has been recognized on Best Lawyers® Detroit: Ones to Watch List since 2021. He serves as board secretary of Detroit Phoenix Center and is a member of Opportunity Finance Network, Denominational Investors & Loan Administrators and the Michigan Venture Capital Association.
Muhs earned a bachelor’s degree from the University of North Carolina at Chapel Hill and a law degree from the University of Michigan Law School.
Stone chairs the firm’s aerospace and defense industry group and specializes in government contracting, drawing on his military career to enable organizations to take full advantage of commercial opportunities. Stone brings diverse skills and experience to his practice being a former litigator, corporate general counsel, and major general of the U.S. Army.
He currently serves on numerous community, military and veterans service boards.
Stone earned a bachelor’s degree from the University of Detroit Mercy, a law degree from Michigan State University College of Law, and a master’s degree from the U.S. Army War College.
• • •
The Michigan Supreme Court (MSC) has appointed Executive Court Administrator Frank Hardester, of the Third Circuit Court in Wayne County, to the Michigan Judicial Council (MJC) through a recent administrative order. Hardester’s appointment fills one of four slots on the MJC designated for trial court administrators and is for a full term that began January 1 and ends December 31, 2027.
The MJC is charged with making recommendations to the Michigan Supreme Court on matters pertinent to the administration of justice, including developing a strategic agenda for the judicial branch and suggesting proposals that would enhance the work of all courts.
Hardester has nearly 30 years of experience working in public service, including 27 years in the courts, and has worked in the Third Circuit Court since June 2023. He previously served as court administrator in the 36th Circuit Court in Van Buren County. A graduate of Western Michigan University, Hardester has held leadership positions in several industry and professional organizations, including president of the Michigan Association of Circuit Court Administrators, member of the Foreign Language Board of Review through an appointment by the MSC, and director on the board of the National Association for Court Management.
“I am thankful for Chief Judge Patricia Perez Fresard allowing me to dedicate time to this endeavor,” said Hardester. “I am also very honored to join the Michigan Judicial Council and contribute my expertise to the important work of advancing the Council’s strategic vision for the judiciary. I look forward to collaborating with my colleagues to enhance access to justice and improve the efficiency and effectiveness of our courts for those we serve.”
Since its inception in April 2021, the MJC has outlined a strategic planning process, identified its mission and vision statements, and long-range goals for the judicial branch. In 2023, the MJC established workgroups under its Strategic Agenda to implement its Operational Plan. Reports and recommendations can be found on the Michigan Judicial Council webpage at www.courts.michigan.gov/administration/special-initiatives/mjc.
• • •
Jones Day has announced that 37 lawyers were admitted to its partnership effective January 1, including two lawyers in Detroit.
The new partners in Detroit are Andrew J. Clopton and Kurt A. Johnson, both with the Issues & Appeals practice group. Clopton is a graduate of the University of Michigan Law School, obtaining his law degree in 2015. Johnson is a graduate of the U-M Law School, earning his law degree in 2015.
• • •
Bodman PLC is pleased to announce that Daniel J. Canine and Jessica D. VanWert have rejoined the firm’s Banking and Finance Practice Group and will launch an equipment and trade finance practice.
Canine and VanWert are veteran banking and finance attorneys with experience negotiating and structuring equipment lease finance transactions. Both join as members of Bodman based in the Troy office.
Canine concentrates his practice in the structuring, negotiation, documentation, and closing of equipment and trade finance transactions. He represents banks and equipment finance companies on equipment loan and lease originations, lease and loan acquisitions, and sales and remarketing of off lease equipment. He also represents banks and equipment finance companies in connection with establishing financing, vendor and referral programs, and developing standard equipment finance documentation.
Canine is a graduate of the University of Michigan Law School and received his undergraduate degree from Michigan State University’s James Madison College. He began his legal career with Bodman in 2000. Over the last 25 years, he has practiced at Bodman and held in house roles, including at Macquarie Equipment Finance and most recently at Mitsubishi HC Capital America, Inc. where he served as executive vice president and general counsel. He is a legal instructor for the Certified Lease & Finance Professional (CLFP) Foundation.
VanWert concentrates her practice in representing equipment finance companies in negotiating and structuring equipment finance and leasing transactions. She counsels banks and equipment finance companies in all stages of loan and leasing originations, including review, preparation and negotiation of loan documents and leases, collateral documents and other ancillary documents, and corporate authority and organizational documents. She also represents banks and equipment finance companies in connection with lease and loan acquisitions, development of financing, vendor and referral programs, and workout and restructuring of lease and loan transactions.
VanWert is a graduate of Indiana University School of Law and received her undergraduate degree from the University of Michigan. She began her legal career at Bodman in 2007. She left the firm in 2017 to serve in-house roles, including in-house counsel for one of the nation’s largest all-digital bank and industry-leading auto financing businesses and, most recently, as general counsel for a leading equipment leasing solutions provider that specializes in acquiring equipment for clients in the construction and industrial, healthcare, IT solutions and services, material handling and automation, and renewable energy and solar sectors.
Bodman is also pleased to announce that Arti Batra joined the firm as a member in the High Net Worth Practice Group.
Batra, who is based in the firm’s Detroit office, counsels high net worth individuals, multigenerational families, and blended families on estate planning, charitable giving, retirement planning, planning for incapacity and disability, asset protection, business succession planning, and trust administration.
Before joining Bodman, Batra worked at a public accounting firm based in Seattle where she counseled clients and their professional advisors on ways to minimize estate, gift and generation skipping transfer taxes. She also served as a senior estate planner and vice president for a wealth management, capital markets, asset management and private equity firm as part of its wealth planning team.
Batra also founded and operated her own law firm in Southfield where she established an estate planning practice that was largely concentrated on estate planning, estate administration, business succession planning, and tax planning for high net worth clients.
Batra is a graduate of Wayne State University Law School and received undergraduate and Master of Public Health degrees from the University of Michigan. She also earned a Master of Laws degree in Taxation from Villanova University Charles Wridger School of Law.
• • •
Attorney Jeffrey G. Schultz has joined the litigation practice of Foster, Swift, Collins, & Smith PC in Southfield. Schultz concentrates his practice on personal injury and insurance defense
matters. He has experience in a variety of civil defense fields including construction litigation, first and third-party auto liability, workers’ compensation defense, and premises liability.
Schultz received his law degree from Wayne State University Law School.
• • •
McDonald Hopkins is proud to announce the recognition of several attorneys recognized by Leading Lawyers.
The following local attorneys have received the recognition of Leading Lawyers for 2025:
James J. Boutrous II—Employment Law: Employee, Employment Law: Management, Trade Secrets/Unfair Competition Law
James Giszczak—Data Privacy, Trade Secrets/Unfair Competition Law
Patrick A. Karbowski—Land Use, Zoning & Condemnation Law, Real Estate Law: Commercial, Real Estate Law: Finance
Antoinette Pilzner—Tax Law: Business
Miriam Rosen—Employment Law: Management
Michael P. Witzke—Elder Law, Trust, Will & Estate Planning Law
• • •
Varnum is proud to announce that Louis F. Ronayne and Jacob R. Whately have been promoted to partner.
Ronayne is based in the firm’s Novi office and is a member of the Litigation Team. He represents clients in a range of business and commercial litigation matters, including high-stakes disputes involving temporary restraining orders and preliminary injunctions. He has experience in litigating contracts and business torts, including non-compete, UCC, and fraud cases, real estate matters, and construction disputes. In addition, Ronayne is an experienced appellate advocate.
Whately is a member of Varnum’s Corporate Team. Based in the firm’s Birmingham office, he focuses on mergers and acquisitions and also advises clients on general corporate matters, including business formations, restructurings and dissolutions, contract drafting and negotiations, terms and conditions analysis, disputes with customers and suppliers, nondisclosure agreements and corporate governance. Whately is also a member of the Venture Capital and Emerging Companies specialty area and advises emerging companies on capital fundraising, including SAFE financing, preferred equity financing and securities law compliance.
• • •
Miller Canfield is proud to announce that Elizabeth Baker and Christopher Dutot, attorneys in the firm’s immigration practice, have been named the recipients of the 2024 Richard J. Seryak Award for Outstanding Pro Bono and Community Service.
Baker and Dutot exemplify the values celebrated by the Seryak Award through their commitment to pro bono service, particularly in the Road to Restoration driver’s license restoration clinics. This public-private partnership, which includes the Michigan Secretary of State’s Office, DTE Energy, United Way, and the Michigan Attorney General’s Office, has helped nearly 10,000 Michigan residents regain their driving privileges.
Established in 2015, the Seryak Award honors the extraordinary legacy of Richard J. “Dick” Seryak, a leading employment lawyer and litigator at Miller Canfield for nearly 40 years. Seryak was committed to ensuring that individuals without resources could access the legal assistance they needed, setting a standard for client service, professional excellence, and dedication to pro bono and community service.
• • •
Plunkett Cooney partner Glenn C. Ross was recently named to the 2025 Class of Go To Lawyers for Commercial Real Estate as determined by Michigan Lawyers Weekly (MiLW).
A member of Plunkett Cooney’s Business Transactions & Planning Practice Group in the Bloomfield Hills office, Ross has nearly 15 years of experience representing clients in numerous aspects of general corporate law, business and commercial matters, and mergers and acquisitions, as well as in transactions related to complex financing. He provides counsel and advice regarding a variety of financing sources for real estate projects and business transactions, including the use of tax credits, conventional construction and permanent financing loans, Fannie Mae and Freddie Mac loans, 221(d)(4) and 221(f) FHA loans, HOME funds, private activity bonds and other federal, state and local financing sources.
A 2011 graduate of Wayne State University Law School, Ross is a member of the State Bar of Michigan. He received his undergraduate degree from Michigan State University in 2005.
• • •
Brooks Kushman is proud to announce that Reza Roghani Esfahani, Fanqi Meng, and Dustin Zak have been promoted to shareholder through election by their peers.
Esfahani is an intellectual property attorney at Brooks Kushman, specializing in patent and trade secret litigation across a range of technologies, including mechanical, chemical, and computer sciences. She is also a member of the firm’s post-grant practice group, with extensive experience representing clients in Inter Partes Review proceedings. Esfahani’s experience includes representing clients in high-stakes litigation, such as his key role in the successful defense of Ford Motor Company in Versata Software v. Ford Motor Company, where the team reduced a $1.4 billion damages claim to just $3 in nominal damages. With a technical background in chemical engineering, Esfahani brings an understanding of complex technologies to his legal practice, ensuring clients receive effective and strategic IP representation.
Meng is an intellectual property attorney who focuses his practice on patent prosecution and litigation in the electrical arts and computer systems. His practice also includes free and open-source software compliance and review. Meng has experience in preparing and prosecuting patent applications on a variety of technologies, including electronics, computers, and automotive-related arts. In addition, he has been involved in several patent dispute negotiations and settlements. Prior to joining Brooks Kushman, Meng spent three years working as a patent practitioner in Beijing, China, conducting various patent practices. With this international background, Meng works with a diverse range of clients from various parts of the world, including the US, EU, Greater China Region, Japan, and South Korea. He also has experience drafting patent applications and responses to office actions, as well as conducting various patent practices in computer systems and electronics.
Zak is a registered patent attorney who focuses his practice on patent prosecution, online enforcement, and litigation. He possesses a range of technical experience, from chemical and material arts to software applications and artificial intelligence. Zak has managed many of his clients’ patent portfolios to protect and advance their key products and technologies. He also has experience with online enforcement of his clients’ intellectual property, such as on Amazon.com. Zak has played roles in the success of his clients as both plaintiffs and defendants in patent litigation. His role in patent prosecution, online enforcement, and patent litigation gives him a unique perspective to provide valuable insight into litigation strategies and protecting his clients’ technologies.
In addition, Brooks Kushman is proud to announce that eighteen of the firm’s lawyers were named “Leading Lawyers for 2025” by Leading Lawyers Magazine. The Leading Lawyers for 2025 include:
Sangeeta Shah
Matthew Jakubowski
Michael Brodbine
Robyn Lederman
Molly Crandall
Marc Lorelli
Mark Cantor
William Abbatt
Frank Angileri
Erin Bowles
John Halan
Jeffrey Szuma
William Conger
Kevin Heinl
Elizabeth Janda
James Kushman
Thomas Lewry
Robert Tuttle
COUNSELOR’S CORNER: Staying simply loving in the new year
January 14 ,2025
This New Year of 2025 does not appear to be optimistic as we hear such
bad news about the fires in California, the anger and criticism leveled
against both political parties and personalities. We are not surrounded
by political peacemakers and gentle leaders.
:
This New Year of 2025 does not appear to be optimistic as we hear such bad news about the fires in California, the anger and criticism leveled against both political parties and personalities. We are not surrounded by political peacemakers and gentle leaders. This may happen in some way in every New Year but this present year of 2025 seems to be intense in negativity and criticism of others and intense in the whirlwinds of Mother Nature.
History is filled with wars and political insurrections. One of the most common discussions is often the political viewpoints of politics which usually are not filled with loving comments. I am inspired by the presence of a Jimmy Carter who just died at the age of 100. His life was a service of love and kindness. Though he was only president for one term, his personal influence on the world was loving and positive in his many years on this planet. This legacy of love and kindness is what the world needs most: LOVE SWEET LOVE.
We can positively influence the world through loving actions and loving words. It is so simple to do this but we can struggle and minimize the importance of bringing more LOVE into our small corner of the world. In the deepest part of everyone’s heart and soul is the desire to find LOVE AND KINDNESS coming toward us. But this will only happen if I make LOVE AND KINDNESS a number one priority in my relationships with other people. When I do this, I find hope. I also discover internal peace. The more kind and loving I am toward other people, the more I begin to have an experience of God’s Love. It is so simple that it is hard to believe and accept. At a local drug store I frequent, I always affirm the teller who at first seemed to be a rather quiet person who didn’t connect with her customers well. As I would affirm her for what she did do quite well like stay organized and patiently help me with my credit card purchases, she started smiling and thanked me for the compliment. Now when I go into this store, I feel a loving presence exuding from her and I enter this drugstore with a sense of feeling respected and loved. It simply took a consistent affirmation and kind smile coming from me toward this woman who could now feel that someone cared about her. The Power of Love and Kindness is so amazing. It makes me a more loving and likeable person and helps the people around me to be more kind and loving. It is also helps me to go gently deeper in LOVE throughout the day. This makes life very simple and allows me to experience the importance of bringing LOVE AND KINDNESS to other people.
When showing Love and Kindness to others become a priority in my life, my whole physical system begins to slow down. My emotional system becomes more relaxed and caring. I experience a depth in life that becomes so gratifying and helpful. My eldest granddaughter who is now a freshman in college wrote a beautiful Christmas card for me and said: “Grandpa, you bring such a positive shining light to each room you walk into. Every since Grandma died, it always feels like something is missing from every family gathering, but the love you exude and express always helps to patch up what’s missing. Everyone that’s ever met you loves you and enjoys being around the energy you provide. You mean so much to me. Thank you for being the most amazing Grandpa and most precious person to walk this earth.” Of course, I cried when I read this Christmas note. I am simply being friendly and kind and affirming my children and grandchildren and people in my presence. Over and over again I realize that Jackie DeShannon’s singing of the song WHAT THE WORLD NEEDS MOST IS LOVE SWEET LOVE in 1965 is so true and accurate.
When people feel loved and affirmed, that feeling stays with them for a very long time. I always enjoy watching how loving mothers and fathers treat their small children in such a loving manner when I am in a Church or a restaurant or a store. It is like LOVE IS IN THE AIR.
We all can make our corner of the world a more loving place by the love and kindness we show others. I know that I write about this often in my articles and probably repeat this principle often. But Love is the way to find happiness. Love is the way to experience God. Love is the way to experience inner peace.
I want to make sure that in 2025 I will always be caring and loving toward everyone. Life is so very short. Eternity is forever. The Love we bring to others can last forever and have such a positive effect on everyone who ever meets us. I now feel very hopeful for 2025 because I want to bring Love to others wherever I am or wherever I go. When I make LOVE AND KINDNESS toward others a priority, I believe that I make a LOVING GOD a priority and I experience a joyful depth of life and loving connection with other people. It is like everything begins to work together for more goodness and love in the world.
I am sending everyone a loving hug right now. Have a great and loving 2025.
————————
Fred Cavaiani is a licensed marriage & family therapist and limited licensed psychologist with a private practice in Troy. He is the founder of Marriage Growth Center. He conducts numerous programs for groups throughout Michigan. Cavaiani is associate editor and contributing writer for Human Development Magazine. His column in the Legal News runs every other Tuesday. He can be reached at 248-362-3340. His e-mail address is: Fredcavi@yahoo.com and his website is FredsCounselorsCorner.com.
History is filled with wars and political insurrections. One of the most common discussions is often the political viewpoints of politics which usually are not filled with loving comments. I am inspired by the presence of a Jimmy Carter who just died at the age of 100. His life was a service of love and kindness. Though he was only president for one term, his personal influence on the world was loving and positive in his many years on this planet. This legacy of love and kindness is what the world needs most: LOVE SWEET LOVE.
We can positively influence the world through loving actions and loving words. It is so simple to do this but we can struggle and minimize the importance of bringing more LOVE into our small corner of the world. In the deepest part of everyone’s heart and soul is the desire to find LOVE AND KINDNESS coming toward us. But this will only happen if I make LOVE AND KINDNESS a number one priority in my relationships with other people. When I do this, I find hope. I also discover internal peace. The more kind and loving I am toward other people, the more I begin to have an experience of God’s Love. It is so simple that it is hard to believe and accept. At a local drug store I frequent, I always affirm the teller who at first seemed to be a rather quiet person who didn’t connect with her customers well. As I would affirm her for what she did do quite well like stay organized and patiently help me with my credit card purchases, she started smiling and thanked me for the compliment. Now when I go into this store, I feel a loving presence exuding from her and I enter this drugstore with a sense of feeling respected and loved. It simply took a consistent affirmation and kind smile coming from me toward this woman who could now feel that someone cared about her. The Power of Love and Kindness is so amazing. It makes me a more loving and likeable person and helps the people around me to be more kind and loving. It is also helps me to go gently deeper in LOVE throughout the day. This makes life very simple and allows me to experience the importance of bringing LOVE AND KINDNESS to other people.
When showing Love and Kindness to others become a priority in my life, my whole physical system begins to slow down. My emotional system becomes more relaxed and caring. I experience a depth in life that becomes so gratifying and helpful. My eldest granddaughter who is now a freshman in college wrote a beautiful Christmas card for me and said: “Grandpa, you bring such a positive shining light to each room you walk into. Every since Grandma died, it always feels like something is missing from every family gathering, but the love you exude and express always helps to patch up what’s missing. Everyone that’s ever met you loves you and enjoys being around the energy you provide. You mean so much to me. Thank you for being the most amazing Grandpa and most precious person to walk this earth.” Of course, I cried when I read this Christmas note. I am simply being friendly and kind and affirming my children and grandchildren and people in my presence. Over and over again I realize that Jackie DeShannon’s singing of the song WHAT THE WORLD NEEDS MOST IS LOVE SWEET LOVE in 1965 is so true and accurate.
When people feel loved and affirmed, that feeling stays with them for a very long time. I always enjoy watching how loving mothers and fathers treat their small children in such a loving manner when I am in a Church or a restaurant or a store. It is like LOVE IS IN THE AIR.
We all can make our corner of the world a more loving place by the love and kindness we show others. I know that I write about this often in my articles and probably repeat this principle often. But Love is the way to find happiness. Love is the way to experience God. Love is the way to experience inner peace.
I want to make sure that in 2025 I will always be caring and loving toward everyone. Life is so very short. Eternity is forever. The Love we bring to others can last forever and have such a positive effect on everyone who ever meets us. I now feel very hopeful for 2025 because I want to bring Love to others wherever I am or wherever I go. When I make LOVE AND KINDNESS toward others a priority, I believe that I make a LOVING GOD a priority and I experience a joyful depth of life and loving connection with other people. It is like everything begins to work together for more goodness and love in the world.
I am sending everyone a loving hug right now. Have a great and loving 2025.
————————
Fred Cavaiani is a licensed marriage & family therapist and limited licensed psychologist with a private practice in Troy. He is the founder of Marriage Growth Center. He conducts numerous programs for groups throughout Michigan. Cavaiani is associate editor and contributing writer for Human Development Magazine. His column in the Legal News runs every other Tuesday. He can be reached at 248-362-3340. His e-mail address is: Fredcavi@yahoo.com and his website is FredsCounselorsCorner.com.
COMMENTARY: Understanding the 363 bankruptcy sale: High-value opportunities for strategic investors
January 14 ,2025
Store ClosingIn the high-stakes world of corporate finance, a 363
bankruptcy sale can be a game changer. This powerful legal mechanism has
enabled renowned companies including General Motors, Hertz and Neiman
Marcus to navigate existential financial threats and emerge from the
reorganization process as much leaner, stronger businesses:
:
By Scott H. Hogan
Store ClosingIn the high-stakes world of corporate finance, a 363 bankruptcy sale can be a game changer. This powerful legal mechanism has enabled renowned companies including General Motors, Hertz and Neiman Marcus to navigate existential financial threats and emerge from the reorganization process as much leaner, stronger businesses:
• GM leveraged a 363 sale to offload its entire European operation and other under-performing parts of the company. This allowed the auto giant to focus on the North American market and return to profitability.
• Hertz utilized a 363 sale to streamline its business model, selling off non-core assets and emerging with a more competitive market strategy.
• Neiman Marcus, the luxury department store, went through a 363 sale, shedding significant debt and focusing on revitalizing the classic brand.
These high-visibility success stories highlight the company-saving, transformative potential of 363 sales, which can offer a lifeline to the most distressed companies and provide high-value, low-cost opportunities for savvy investors.
Alternatively, it doesn’t always work out. Borders Bookstores, RadioShack and Toys “R” Us also conducted 363 sales -- with vastly different outcomes. All three of these fabled retailers are essentially out-of-business today.
How Does a 363 Bankruptcy Sale Work?
The process begins when a debtor files for bankruptcy under Chapter 11. The debtor then sells off assets, reorganizes its finances and endeavors to continue operations. While 363 sales are more commonly part of Chapter 11 proceedings, 363 sales can be utilized in a Chapter 7 liquidation.
• Asset Identification – The debtor company identifies the assets to be sold at the 363 sale. Qualified appraisers or experts value those assets.
• Court Approval – The debtor files a legal motion with the bankruptcy court seeking its approval to sell the identified assets in a 363 sale. The motion also seeks court approval to select a “stalking horse” bidder, whose bid will serve as a baseline asking price for the debtor’s assets.
• The “Stalking Horse” Bidder – Debtors participating in a 363 sale will often select a “stalking horse” (literally: a horse that leads wild horses into a trap) bidder, which will enter an opening, baseline bid on the assets being sold. There are significant potential upsides for a stalking horse bidder, including first mover advantage, potential discounts, negotiation leverage with the debtor and the guarantee of a fair and transparent process overseen by the bankruptcy court.
• Marketing and Sale of Assets – The debtor markets and auctions the identified assets in a process which includes notifying potential bidders of the sale, providing detailed information about the assets for sale, hosting pre-auction inspections/tours and conducting the auction. Potential bidders invited to participate in the sale include companies, investors, financial institutions or other asset acquirers.
• Closing the Deal – The highest bidder(s) are awarded the assets, which are free and clear of liens and encumbrances. However, the bankruptcy court reserves the right to approve or deny the sale or portions or it.
Advantages of Participating in a 363 Bankruptcy Sale
• Attractive Pricing/High Value – The primary benefit of taking part in a 363 sale is the opportunity it provides for participants to acquire large lots of corporate assets at prices well below current market values. Debtors in bankruptcy sales are motivated to sell quickly, which can be a powerful advantage for qualified asset buyers.
• Speed and Efficiency – The 363 bankruptcy sale, designed to be an expedited process, can offer a unique opportunity for companies to strategically acquire assets and integrate them with their operations in a fraction of the time (60-90 days on average) needed for traditional asset acquisition and integration.
• Free and Clear Title – The assets acquired at a 363 sale are transferred to the buyer free and clear of any title liens or encumbrances, offering another layer of risk reduction.
• Court Oversight – The rigid oversight of the bankruptcy court guarantees that a 363 sale will be organized, transparent and fair for all. Because the court oversees the process and reserves the right to review the transaction, buyers can be relatively assured that the sale will be conducted in a manner that adheres to legal standards.
Potential Problems for 363 Sale Participants
• Due Diligence Challenges – While the speed of a 363 sale is one of its advantages, it can also be a drawback. The relatively short span of time required for a 363 sale can greatly limit the amount of time for potential buyers to conduct due diligence, increasing the risk of unforeseen, future liabilities. Caveat emptor.
• Competing Bids, Changing Market Conditions, Regulatory Hurdles, Etc. – Most 363 sales proceed smoothly with predictable outcomes, but that’s not always the case. Changing market conditions, higher numbers of motivated bidders, fluctuating asset valuations, secured creditor objections, legal and copyright disputes, unexpected regulatory hurdles and other factors (even breaking news) can sometimes make for a 363 sale that is quite dynamic, spirited and unpredictable.
• Financing Difficulties – The securing of financing for assets to be purchased in a 363 sale can be problematic. Given the distressed situation of the assets, unknown potential liabilities related to assets for sale and the short timeline of the process, some lenders may take a cautious approach and impose more stringent terms.
• Court Approvals Required – Despite the expedited process of 363 bankruptcy sale, it is still a federal court proceeding and the requirements for review, approvals and delays due to legal challenges or objections from creditors could slow the closing process.
Conclusion: A 363 Bankruptcy Sale Can be Significant
Growth Opportunity, but Proceed with Caution
A 363 bankruptcy sale can present a significant opportunity for select businesses -- including mid-sized operations – to acquire valuable assets at below-market prices. In addition, it’s guaranteed to be a fair and transparent proceeding overseen by the court with all purchased assets free and clear of encumbrances and liens.
As noted, the 363 sale can present its own set of risks and challenges, including the need for swift due diligence and the possibility that bidding for the assets will become competitive and aggressive.
But with a studied and organized approach, which includes consulting with specialized legal and financial advisors, businesses can successfully navigate the complexities of a 363 sale and complete a transformative, cost-efficient acquisition in a short period of time.
————————
Scott H. Hogan is a shareholder with Foster, Swift, Collins, & Smith PC.
Store ClosingIn the high-stakes world of corporate finance, a 363 bankruptcy sale can be a game changer. This powerful legal mechanism has enabled renowned companies including General Motors, Hertz and Neiman Marcus to navigate existential financial threats and emerge from the reorganization process as much leaner, stronger businesses:
• GM leveraged a 363 sale to offload its entire European operation and other under-performing parts of the company. This allowed the auto giant to focus on the North American market and return to profitability.
• Hertz utilized a 363 sale to streamline its business model, selling off non-core assets and emerging with a more competitive market strategy.
• Neiman Marcus, the luxury department store, went through a 363 sale, shedding significant debt and focusing on revitalizing the classic brand.
These high-visibility success stories highlight the company-saving, transformative potential of 363 sales, which can offer a lifeline to the most distressed companies and provide high-value, low-cost opportunities for savvy investors.
Alternatively, it doesn’t always work out. Borders Bookstores, RadioShack and Toys “R” Us also conducted 363 sales -- with vastly different outcomes. All three of these fabled retailers are essentially out-of-business today.
How Does a 363 Bankruptcy Sale Work?
The process begins when a debtor files for bankruptcy under Chapter 11. The debtor then sells off assets, reorganizes its finances and endeavors to continue operations. While 363 sales are more commonly part of Chapter 11 proceedings, 363 sales can be utilized in a Chapter 7 liquidation.
• Asset Identification – The debtor company identifies the assets to be sold at the 363 sale. Qualified appraisers or experts value those assets.
• Court Approval – The debtor files a legal motion with the bankruptcy court seeking its approval to sell the identified assets in a 363 sale. The motion also seeks court approval to select a “stalking horse” bidder, whose bid will serve as a baseline asking price for the debtor’s assets.
• The “Stalking Horse” Bidder – Debtors participating in a 363 sale will often select a “stalking horse” (literally: a horse that leads wild horses into a trap) bidder, which will enter an opening, baseline bid on the assets being sold. There are significant potential upsides for a stalking horse bidder, including first mover advantage, potential discounts, negotiation leverage with the debtor and the guarantee of a fair and transparent process overseen by the bankruptcy court.
• Marketing and Sale of Assets – The debtor markets and auctions the identified assets in a process which includes notifying potential bidders of the sale, providing detailed information about the assets for sale, hosting pre-auction inspections/tours and conducting the auction. Potential bidders invited to participate in the sale include companies, investors, financial institutions or other asset acquirers.
• Closing the Deal – The highest bidder(s) are awarded the assets, which are free and clear of liens and encumbrances. However, the bankruptcy court reserves the right to approve or deny the sale or portions or it.
Advantages of Participating in a 363 Bankruptcy Sale
• Attractive Pricing/High Value – The primary benefit of taking part in a 363 sale is the opportunity it provides for participants to acquire large lots of corporate assets at prices well below current market values. Debtors in bankruptcy sales are motivated to sell quickly, which can be a powerful advantage for qualified asset buyers.
• Speed and Efficiency – The 363 bankruptcy sale, designed to be an expedited process, can offer a unique opportunity for companies to strategically acquire assets and integrate them with their operations in a fraction of the time (60-90 days on average) needed for traditional asset acquisition and integration.
• Free and Clear Title – The assets acquired at a 363 sale are transferred to the buyer free and clear of any title liens or encumbrances, offering another layer of risk reduction.
• Court Oversight – The rigid oversight of the bankruptcy court guarantees that a 363 sale will be organized, transparent and fair for all. Because the court oversees the process and reserves the right to review the transaction, buyers can be relatively assured that the sale will be conducted in a manner that adheres to legal standards.
Potential Problems for 363 Sale Participants
• Due Diligence Challenges – While the speed of a 363 sale is one of its advantages, it can also be a drawback. The relatively short span of time required for a 363 sale can greatly limit the amount of time for potential buyers to conduct due diligence, increasing the risk of unforeseen, future liabilities. Caveat emptor.
• Competing Bids, Changing Market Conditions, Regulatory Hurdles, Etc. – Most 363 sales proceed smoothly with predictable outcomes, but that’s not always the case. Changing market conditions, higher numbers of motivated bidders, fluctuating asset valuations, secured creditor objections, legal and copyright disputes, unexpected regulatory hurdles and other factors (even breaking news) can sometimes make for a 363 sale that is quite dynamic, spirited and unpredictable.
• Financing Difficulties – The securing of financing for assets to be purchased in a 363 sale can be problematic. Given the distressed situation of the assets, unknown potential liabilities related to assets for sale and the short timeline of the process, some lenders may take a cautious approach and impose more stringent terms.
• Court Approvals Required – Despite the expedited process of 363 bankruptcy sale, it is still a federal court proceeding and the requirements for review, approvals and delays due to legal challenges or objections from creditors could slow the closing process.
Conclusion: A 363 Bankruptcy Sale Can be Significant
Growth Opportunity, but Proceed with Caution
A 363 bankruptcy sale can present a significant opportunity for select businesses -- including mid-sized operations – to acquire valuable assets at below-market prices. In addition, it’s guaranteed to be a fair and transparent proceeding overseen by the court with all purchased assets free and clear of encumbrances and liens.
As noted, the 363 sale can present its own set of risks and challenges, including the need for swift due diligence and the possibility that bidding for the assets will become competitive and aggressive.
But with a studied and organized approach, which includes consulting with specialized legal and financial advisors, businesses can successfully navigate the complexities of a 363 sale and complete a transformative, cost-efficient acquisition in a short period of time.
————————
Scott H. Hogan is a shareholder with Foster, Swift, Collins, & Smith PC.
COMMENTARY: Washington Post cartoonist bites the hand that feeds her ego
January 14 ,2025
While the First Amendment offers constitutional protection for freedom
of the press, it does not do so for chutzpah (the Jewish word for
audacity, impudence or shamelessness).
:
By Berl Falbaum
While the First Amendment offers constitutional protection for freedom of the press, it does not do so for chutzpah (the Jewish word for audacity, impudence or shamelessness).
Someone should tell that to Ann Telnaes, the editorial cartoonist at The Washington Post, who last week resigned in a huff after the paper refused to publish one of her cartoons.
That cartoon, which she published on Substack, a newsletter format, showed powerful billionaires kneeling in front of a statue of President-elect Donald Trump while offering him sacks of moolah.
Oh, one more “minor” fact: Among the billionaires? Jeff Bezos, the founder of Amazon who just happens to be the owner of The Post — the top dog at the paper.
Yes, you read that right. Telnaes is complaining about suppression of “freedom of the press” because she was not allowed to mock her boss in his own paper, the one who provides her with a good salary, health insurance, and helps pay for other of her financial needs.
Also, depicted in the cartoon were Meta CEO Mark Zuckerberg, OpenAI CEO Sam Altman, Los Angeles Times owner Patrick Soon-Shiong — and a prostrate Mickey Mouse who apparently represents the Walt Disney Company.
Telnaes touches on her duplicity when she writes in her resignation statement: “There will be some people who say, ‘Hey, you work for a company and that company has a right to expect employees to adhere to what’s good for the company.’”
But she adds, “that’s true except we’re talking about news organizations that have public obligations and who are obliged to nurture a free press in a democracy…” and not try to “get in the good graces of an autocrat-in-waiting [that] will only result in undermining that free press.”
There is so much to dissect in that statement that one does not know where to begin, but we’ll give it a shot.
First, need we point out that Bezos should not expect to be ridiculed in the paper he owns. (It was awkward even having to write that sentence.) Carried to its logical conclusion, had Telnaes showed even more contempt for Bezos in a cartoon, would she have asked him for a raise?
Question: Would any Telnaes supporters reading this column mock their bosses publicly and cite freedom of speech as a defense? I did not think so.
Interestingly, there were no reports that she might have been fired, forcing her to resign. Thus, The Post might even be commended for being open-minded and showing commendable toleration.
Second, David Shipley, The Post’s opinion editor, said the cartoon was not killed because of its content but because it was repetitive of other material published on the same subject. But let us assume the cartoon was rejected because of the political message.
Bezos has every right to decide the politics of The Post that he and the paper will express on its editorial pages. Telnaes doesn’t have to agree, of course, and can seek employment elsewhere.
I have mentioned a personal experience in a previous column in which I described being vetted as an editorial writer by a paper on the West Coast. After a four-day trial, it was all too clear that the paper and I were as far apart on political views as possible. It did not offer the job and I would not have accepted had I received one.
I had no reason to complain. The owners have every right to seek and hire writers that shared its views and fire those that would not articulate its politics.
Editorials and political commentary need to be judged differently than news stories. If Telnaes were complaining that a news story she wrote was spiked for political reasons, she would have a case because news is supposed to be free from political judgments. News stories are touted to be public as being “objective” subject to no political considerations.
Killing a news story or slanting facts would undermine that pledge and while not a violation of “freedom of the press” that Telnaes cites in her case, it would be highly unethical, poisoning hallowed journalistic principles. In those circumstances, she would be justified in resigning and even doing so in the klieg lights which apparently was one of her objectives.
In a sense, by publishing the cartoon on Substack (along with her resignation statement), she stole from The Post since it was drawn while being paid by Bezos. The paper owns the drawing. But I don’t want to be petty. So, as they instruct jurors in a courtroom, I ask readers to disregard this paragraph.
Third, perhaps Bezos is reaching out to Trump to protect The Post and try to blunt Trump’s anti-media agenda and paranoia. He might have decided that it was better to try and work with
Trump in protecting freedom of the press rather than fight him.
We don’t know Bezos’s motivation and we don’t even know if Bezos was involved in spiking the carton. Bezos might very well fail in efforts, but he may have concluded it was worth a try.
Most important: Bezos must not make any concessions to Trump in the coverage of his administration.
Joe Scarborough, and his wife, Mika Brzezinski, co- hosts of “Morning Joe,” and Bret Stephens, an opinion columnist at The New York Times, already have sold out by making peace with Trump after criticizing him for nine years.
Let’s hope those precedents do not repeat themselves. But the Telnaes “controversy” is not in that ballpark. Apparently, blinded by her ego, she thought the First Amendment was designed to protect you even when biting the hand that feeds you.
I expect that in upcoming job interviews, she will be asked if she will promise not to skewer her bosses or the owner of her future employer.
————————
Berl Falbaum is a veteran journalist and author of 12 books.
While the First Amendment offers constitutional protection for freedom of the press, it does not do so for chutzpah (the Jewish word for audacity, impudence or shamelessness).
Someone should tell that to Ann Telnaes, the editorial cartoonist at The Washington Post, who last week resigned in a huff after the paper refused to publish one of her cartoons.
That cartoon, which she published on Substack, a newsletter format, showed powerful billionaires kneeling in front of a statue of President-elect Donald Trump while offering him sacks of moolah.
Oh, one more “minor” fact: Among the billionaires? Jeff Bezos, the founder of Amazon who just happens to be the owner of The Post — the top dog at the paper.
Yes, you read that right. Telnaes is complaining about suppression of “freedom of the press” because she was not allowed to mock her boss in his own paper, the one who provides her with a good salary, health insurance, and helps pay for other of her financial needs.
Also, depicted in the cartoon were Meta CEO Mark Zuckerberg, OpenAI CEO Sam Altman, Los Angeles Times owner Patrick Soon-Shiong — and a prostrate Mickey Mouse who apparently represents the Walt Disney Company.
Telnaes touches on her duplicity when she writes in her resignation statement: “There will be some people who say, ‘Hey, you work for a company and that company has a right to expect employees to adhere to what’s good for the company.’”
But she adds, “that’s true except we’re talking about news organizations that have public obligations and who are obliged to nurture a free press in a democracy…” and not try to “get in the good graces of an autocrat-in-waiting [that] will only result in undermining that free press.”
There is so much to dissect in that statement that one does not know where to begin, but we’ll give it a shot.
First, need we point out that Bezos should not expect to be ridiculed in the paper he owns. (It was awkward even having to write that sentence.) Carried to its logical conclusion, had Telnaes showed even more contempt for Bezos in a cartoon, would she have asked him for a raise?
Question: Would any Telnaes supporters reading this column mock their bosses publicly and cite freedom of speech as a defense? I did not think so.
Interestingly, there were no reports that she might have been fired, forcing her to resign. Thus, The Post might even be commended for being open-minded and showing commendable toleration.
Second, David Shipley, The Post’s opinion editor, said the cartoon was not killed because of its content but because it was repetitive of other material published on the same subject. But let us assume the cartoon was rejected because of the political message.
Bezos has every right to decide the politics of The Post that he and the paper will express on its editorial pages. Telnaes doesn’t have to agree, of course, and can seek employment elsewhere.
I have mentioned a personal experience in a previous column in which I described being vetted as an editorial writer by a paper on the West Coast. After a four-day trial, it was all too clear that the paper and I were as far apart on political views as possible. It did not offer the job and I would not have accepted had I received one.
I had no reason to complain. The owners have every right to seek and hire writers that shared its views and fire those that would not articulate its politics.
Editorials and political commentary need to be judged differently than news stories. If Telnaes were complaining that a news story she wrote was spiked for political reasons, she would have a case because news is supposed to be free from political judgments. News stories are touted to be public as being “objective” subject to no political considerations.
Killing a news story or slanting facts would undermine that pledge and while not a violation of “freedom of the press” that Telnaes cites in her case, it would be highly unethical, poisoning hallowed journalistic principles. In those circumstances, she would be justified in resigning and even doing so in the klieg lights which apparently was one of her objectives.
In a sense, by publishing the cartoon on Substack (along with her resignation statement), she stole from The Post since it was drawn while being paid by Bezos. The paper owns the drawing. But I don’t want to be petty. So, as they instruct jurors in a courtroom, I ask readers to disregard this paragraph.
Third, perhaps Bezos is reaching out to Trump to protect The Post and try to blunt Trump’s anti-media agenda and paranoia. He might have decided that it was better to try and work with
Trump in protecting freedom of the press rather than fight him.
We don’t know Bezos’s motivation and we don’t even know if Bezos was involved in spiking the carton. Bezos might very well fail in efforts, but he may have concluded it was worth a try.
Most important: Bezos must not make any concessions to Trump in the coverage of his administration.
Joe Scarborough, and his wife, Mika Brzezinski, co- hosts of “Morning Joe,” and Bret Stephens, an opinion columnist at The New York Times, already have sold out by making peace with Trump after criticizing him for nine years.
Let’s hope those precedents do not repeat themselves. But the Telnaes “controversy” is not in that ballpark. Apparently, blinded by her ego, she thought the First Amendment was designed to protect you even when biting the hand that feeds you.
I expect that in upcoming job interviews, she will be asked if she will promise not to skewer her bosses or the owner of her future employer.
————————
Berl Falbaum is a veteran journalist and author of 12 books.
COMMENTARY: Author’s ‘Message’ ignores the reality of Mideast politics
January 09 ,2025
He is brutal and hateful.
I am referring to Ta-Nehisi Coates, the nationally-recognized Black intellectual who has made a reputation as a leading writer on race, delivering such a one-sided screed on Israel’s alleged mistreatment of Palestinians that I checked the copyright page to see if the book was published by Hamas, Hezbollah, Iran, or other neighboring enemies of Israel.
:
I am referring to Ta-Nehisi Coates, the nationally-recognized Black intellectual who has made a reputation as a leading writer on race, delivering such a one-sided screed on Israel’s alleged mistreatment of Palestinians that I checked the copyright page to see if the book was published by Hamas, Hezbollah, Iran, or other neighboring enemies of Israel.
By Berl Falbaum
He is brutal and hateful.
I am referring to Ta-Nehisi Coates, the nationally-recognized Black intellectual who has made a reputation as a leading writer on race, delivering such a one-sided screed on Israel’s alleged mistreatment of Palestinians that I checked the copyright page to see if the book was published by Hamas, Hezbollah, Iran, or other neighboring enemies of Israel.
The worst part of his new best-selling book? Coates is making lots of money from “The Message” by, sadly, peddling hate. He is appearing “everywhere” during his book tour and the focus always is on his condemnation of Israel’s abuse of Palestinians.
No alleged wrongdoing by Israel escapes him during a 10-day visit to the country, from his outrage over having to wait at checkpoints to an Israeli man who was “glaring” at his group during a guided tour. He is angered by a hotel security guard who asked for ID, writing it was less than “N—er get out” to “What the f___ are you doing here?”
In the 256-page book, he reports on his visits to Daka, Senegal; Columbia, South Carolina; and the West Bank and East Jerusalem. This column focuses on his “discussion” of Israel which consumes 117 pages of “The Message.”
Let’s begin by acknowledging and condemning abuses of Palestinians. Many have suffered needlessly and unfairly while the Netanyahu administration has been remiss in addressing the issue. Worse, some in his government have supported the discriminatory practices.
But — here is the major point — overall the 2-million Arabs (Jews make up just over 7-million) have been integrated into Israel’s society. They work alongside Israelis, go to Israeli universities, have had a political party since the founding of the Jewish state in 1948, about 100 Arabs have been members of the Knesset (Parliament) and an Arab Muslim sits on the Israeli Supreme Court. This is Coates’s apartheid.
He criticizes the characterization that “Israel is the only democracy in the Middle East,” comparing that phrase to advertising jingles such “Just Do It.”
Meanwhile, there have been no elections in Gaza, ruled by Hamas, since 2006. Similarly, in West Bank areas governed by the Palestinian Authority, no elections have been held, except for local offices, since 2012.)
Coates ignores the fact that Palestinians could have had a state from day one in 1948 but they rejected the U.N. partition proposal and that Palestinians turned down several proposed two-state solutions.
Former President Clinton, in a recent interview, said what has happened in the Middle East in the last 25 years “is one of the great tragedies of the 21st century.” Addressing the Arabs, he added: “You walk away from these once-in-a-lifetime peace opportunities, and you can’t complain 25 years later.”
Nor does Coates cover the wars Israel has had to fight to survive, nor the intifadas, nor the countless terrorist attacks it has suffered through over the decades which require Israel to have the checkpoints and guards in hotels that upset Coates. (He must be terribly upset at airport security in the U.S.)
He is also mute on the history of the Palestinian-Israeli conflict. One would think that such a renowned writer would spend a few pages outlining, for the reader, the basis of this continuing animosity between the two parties.
The names Hamas, Hezbollah, Iran, Houthis are no where to be found in “The Message.”
In interviews, he has made the following point: “I’m against a state that discriminates against people on the basis of ethnicity. I’m against that. Nothing the Palestinians could do that would make that OK for me.” He also said:
“Were I 20 years old, born into Gaza, which is a giant open-air jail … and I grew up under that oppression and that poverty and that wall comes down — am I even strong enough … where I say, ‘This is too far’?”
Translation: He might have participated in riddling babies with bullets, burning people alive, beheading them and gang-raping women.
He does not report on how support for Israel from Arab Israelis after October 7 increased dramatically. Indeed, he doesn’t even mention October 7.
Thus, we might point out to Mr. Coates, Hamas did not commit its October 7 savagery because it wanted a two-state solution. The terrorist organization proudly bragged its goal is to destroy Israel as stated in its charter and, left to its devices, promised to conduct atrocities “again and again ... and again.”
Moreover, Gaza is not “occupied territory.” Israel withdrew on its own from Gaza and four Israel settlements in 2005. Hamas has total control and instead of waging war and building tunnels it could have used the billions of dollars to improve the lives of Gazans. Worth noting: Before October 7, some 18,000 Gazans and 150,000 West Bank Palestinians crossed the border daily to work in Israel.
If he is so moved by human “indignities,” he might spend all of 10 days in Arab countries and “research” how Jews are treated in those countries. While there were some 1-million Jews in Arabs countries when Israel was founded in 1948, only 10,000 to 15,000 remain because of persecution. Meanwhile, the Arab population in Israel has grown from about 100,000 to 2-million during the same period. So much for genocide.
As a Black man, he might visit other countries, such as Sudan, which is suffering the worst humanitarian disaster in the world and where Blacks are tortured and killed simply because they are Black. No Jews remain in Sudan because of persecution.
In one challenging TV interview, the host explains to Coates that Israel has had to take severe security measures given all the wars, terrorist attacks and suicide bombings from Arab nations seeking its destruction.
Coates doesn’t care about the reasons behind the “indignities” suffered by Palestinians. Taken to its logical conclusion, Israel should just continue to accept the slaughter of its people and threats to its very existence. The existential threat does not matter to Coates.
We might note that the TV interviewer made national headlines after he was rebuked by his superiors for asking Coates tough questions.
Coates explains that the world has received misinformation from what he calls “low-information” people and he wants to give the voiceless a voice.
Three points: (1) He is now fully informed having spent a full 10 days in the region. (2) Advocacy is not a role for a journalist; it is the role of a propagandist. His obligation is to present both sides as accurately and objectively as possible. (3) The Palestinians are hardly voiceless; he obviously does not read or listen to the news. (Well, actually he has but takes exception on how the story has been told.)
Coates seems to acknowledge his slanted analysis when he writes: He has no desire to “hear both sides no matter how politely articulated, no matter how elegantly crafted. My frame excluded any defense of the patently immoral.”
In short, the book reeks of loathing, hostility, anger, resentment, animosity — all directed at Israel.
It would not be unfair to suspect that Coates will send royalties he earns from “The Message” to Hamas so the terrorist organization can finance future massacres.
————————
Berl Falbaum is a veteran journalist and author of 12 books.
He is brutal and hateful.
I am referring to Ta-Nehisi Coates, the nationally-recognized Black intellectual who has made a reputation as a leading writer on race, delivering such a one-sided screed on Israel’s alleged mistreatment of Palestinians that I checked the copyright page to see if the book was published by Hamas, Hezbollah, Iran, or other neighboring enemies of Israel.
The worst part of his new best-selling book? Coates is making lots of money from “The Message” by, sadly, peddling hate. He is appearing “everywhere” during his book tour and the focus always is on his condemnation of Israel’s abuse of Palestinians.
No alleged wrongdoing by Israel escapes him during a 10-day visit to the country, from his outrage over having to wait at checkpoints to an Israeli man who was “glaring” at his group during a guided tour. He is angered by a hotel security guard who asked for ID, writing it was less than “N—er get out” to “What the f___ are you doing here?”
In the 256-page book, he reports on his visits to Daka, Senegal; Columbia, South Carolina; and the West Bank and East Jerusalem. This column focuses on his “discussion” of Israel which consumes 117 pages of “The Message.”
Let’s begin by acknowledging and condemning abuses of Palestinians. Many have suffered needlessly and unfairly while the Netanyahu administration has been remiss in addressing the issue. Worse, some in his government have supported the discriminatory practices.
But — here is the major point — overall the 2-million Arabs (Jews make up just over 7-million) have been integrated into Israel’s society. They work alongside Israelis, go to Israeli universities, have had a political party since the founding of the Jewish state in 1948, about 100 Arabs have been members of the Knesset (Parliament) and an Arab Muslim sits on the Israeli Supreme Court. This is Coates’s apartheid.
He criticizes the characterization that “Israel is the only democracy in the Middle East,” comparing that phrase to advertising jingles such “Just Do It.”
Meanwhile, there have been no elections in Gaza, ruled by Hamas, since 2006. Similarly, in West Bank areas governed by the Palestinian Authority, no elections have been held, except for local offices, since 2012.)
Coates ignores the fact that Palestinians could have had a state from day one in 1948 but they rejected the U.N. partition proposal and that Palestinians turned down several proposed two-state solutions.
Former President Clinton, in a recent interview, said what has happened in the Middle East in the last 25 years “is one of the great tragedies of the 21st century.” Addressing the Arabs, he added: “You walk away from these once-in-a-lifetime peace opportunities, and you can’t complain 25 years later.”
Nor does Coates cover the wars Israel has had to fight to survive, nor the intifadas, nor the countless terrorist attacks it has suffered through over the decades which require Israel to have the checkpoints and guards in hotels that upset Coates. (He must be terribly upset at airport security in the U.S.)
He is also mute on the history of the Palestinian-Israeli conflict. One would think that such a renowned writer would spend a few pages outlining, for the reader, the basis of this continuing animosity between the two parties.
The names Hamas, Hezbollah, Iran, Houthis are no where to be found in “The Message.”
In interviews, he has made the following point: “I’m against a state that discriminates against people on the basis of ethnicity. I’m against that. Nothing the Palestinians could do that would make that OK for me.” He also said:
“Were I 20 years old, born into Gaza, which is a giant open-air jail … and I grew up under that oppression and that poverty and that wall comes down — am I even strong enough … where I say, ‘This is too far’?”
Translation: He might have participated in riddling babies with bullets, burning people alive, beheading them and gang-raping women.
He does not report on how support for Israel from Arab Israelis after October 7 increased dramatically. Indeed, he doesn’t even mention October 7.
Thus, we might point out to Mr. Coates, Hamas did not commit its October 7 savagery because it wanted a two-state solution. The terrorist organization proudly bragged its goal is to destroy Israel as stated in its charter and, left to its devices, promised to conduct atrocities “again and again ... and again.”
Moreover, Gaza is not “occupied territory.” Israel withdrew on its own from Gaza and four Israel settlements in 2005. Hamas has total control and instead of waging war and building tunnels it could have used the billions of dollars to improve the lives of Gazans. Worth noting: Before October 7, some 18,000 Gazans and 150,000 West Bank Palestinians crossed the border daily to work in Israel.
If he is so moved by human “indignities,” he might spend all of 10 days in Arab countries and “research” how Jews are treated in those countries. While there were some 1-million Jews in Arabs countries when Israel was founded in 1948, only 10,000 to 15,000 remain because of persecution. Meanwhile, the Arab population in Israel has grown from about 100,000 to 2-million during the same period. So much for genocide.
As a Black man, he might visit other countries, such as Sudan, which is suffering the worst humanitarian disaster in the world and where Blacks are tortured and killed simply because they are Black. No Jews remain in Sudan because of persecution.
In one challenging TV interview, the host explains to Coates that Israel has had to take severe security measures given all the wars, terrorist attacks and suicide bombings from Arab nations seeking its destruction.
Coates doesn’t care about the reasons behind the “indignities” suffered by Palestinians. Taken to its logical conclusion, Israel should just continue to accept the slaughter of its people and threats to its very existence. The existential threat does not matter to Coates.
We might note that the TV interviewer made national headlines after he was rebuked by his superiors for asking Coates tough questions.
Coates explains that the world has received misinformation from what he calls “low-information” people and he wants to give the voiceless a voice.
Three points: (1) He is now fully informed having spent a full 10 days in the region. (2) Advocacy is not a role for a journalist; it is the role of a propagandist. His obligation is to present both sides as accurately and objectively as possible. (3) The Palestinians are hardly voiceless; he obviously does not read or listen to the news. (Well, actually he has but takes exception on how the story has been told.)
Coates seems to acknowledge his slanted analysis when he writes: He has no desire to “hear both sides no matter how politely articulated, no matter how elegantly crafted. My frame excluded any defense of the patently immoral.”
In short, the book reeks of loathing, hostility, anger, resentment, animosity — all directed at Israel.
It would not be unfair to suspect that Coates will send royalties he earns from “The Message” to Hamas so the terrorist organization can finance future massacres.
————————
Berl Falbaum is a veteran journalist and author of 12 books.
LEGAL PEOPLE
January 07 ,2025
Secrest Wardle is pleased to welcome five attorneys formerly of the
Ogne, Alberts, & Stuart PC law firm: Jeffrey Bullard Sr., John M.
Conway, Dennis D. Alberts, Jared J. Andrzejewski, and Michael A. Ross.
:
Secrest Wardle is pleased to welcome five attorneys formerly of the Ogne, Alberts, & Stuart PC law firm: Jeffrey Bullard Sr., John M. Conway, Dennis D. Alberts, Jared J. Andrzejewski, and Michael A. Ross.
Bullard is an attorney whose specialty is personal injury defense and environmental law. He has taken more than 90 jury trials to verdict, including a no-cause verdict on a million dollar offer.
Conway is a litigator whose focus is on the representation of self-insured corporations and insurance company/insureds in all matters including personal injury defense, asbestos litigation, and commercial litigation. He practices in both Michigan and Ohio.
Alberts is a litigator who has been trying litigated matters since 1977 and performs all aspects of claims and pretrial preparations including investigations, negotiations, and discovery. His areas of specialty include premises liability, insurance issues, construction liability, as well as product liability and commercial litigation. He has tried a variety of cases involving contract matters, auto accidents, slip and falls, food poisoning, real estate disputes, employment discrimination, product liability, and construction accidents.
Andrzejewski is an attorney whose practice focuses on defending clients in various third-party negligence claims, premises liability, and no-fault bodily injury claims. Additionally, he has experience representing insurance companies and their insureds against predatory tow companies. His litigation work has taken him to more than 100 courts across Michigan.
Ross is an attorney whose practice has focused on insurance defense and other civil litigation, but his forte is appellate work. He has argued appeals in a wide variety of civil cases in Michigan, Ohio, and the Sixth Circuit.
• • •
Zausmer attorney Talitha Mahome has been appointed to the Chippewa Valley Schools Board of Education, bringing legal expertise and a commitment to community service to the district.
Mahome first sought a seat on the board in the November 2024 election. Although she narrowly missed being elected, her campaign garnered significant community support. After two board members resigned following their elections to other township positions, Mahome was selected to fill one of the vacancies through an application and interview process.
Mahome previously served as an assistant prosecuting attorney in Wayne County and currently works as an attorney specializing in civil litigation and insurance defense. As the mother of two, Mahome has been involved in the Chippewa Valley community for years, participating in PTO activities, school events, and community initiatives.
During her tenure, Mahome plans to focus on equitable resource allocation, supporting educators, and addressing students’ mental health. She has also expressed her dedication to fostering stronger connections between families and the district to ensure transparency and collaboration.
Zausmer congratulates Mahome on her appointment.
• • •
Attorney Mikhail Perkins has been promoted to director of public affairs for the Executive Office of the Governor. The promotion was announced by Michigan Governor Gretchen Whitmer.
Perkins joined the administration as a legislative affairs specialist, providing expert policy and legal analysis on legislative matters to the governor and executive leadership. Prior to this, he served as a policy advisor for the Michigan Senate Majority Democratic Staff, specializing in finance, economic and community development, and judiciary and civil rights. He also worked as a legal extern at the Saginaw Defenders Office, led former state Representative Byrd’s office as chief of staff and legislative director, and was a law clerk at White & Wojda Attorneys and Counselors.
Perkins received his law degree from Michigan State University College of Law and undergraduate degree in political science from Michigan State University.
• • •
Honigman LLP is pleased to announce that the firm’s board of directors has elected the following local attorneys as partners, effective January 1:
Morgan L. Esters (Detroit) is a member of the Litigation Department who focuses her practice on complex commercial litigation. Esters earned her law degree from Michigan State University College of Law.
Tucker R. Hunter (Detroit) is a member of the Litigation Department who concentrates his practice on complex commercial litigation matters. Hunter earned his law degree from Harvard Law School.
Tyler J. Kemper (Bloomfield Hills) is a member of the Corporate Department. He focuses his practice on estate planning and estate and trust administration. Kemper earned his law degrees from Northwestern Pritzker School of Law and Wayne State University Law School.
Ahmad H. Sabbagh (Detroit) is a member of the Corporate Department who focuses his practice on commercial and technology transactions. Sabbagh earned his law degree from Wayne State University Law School.
Katelyn M. Young (Detroit) is a member of the Litigation Department. Her practice focuses on complex commercial litigation matters. Young earned her law degree from Wayne State University Law School.
• • •
Clark Hill recently announced the promotion of 29 attorneys to member, effective January 1. The 2025 class of member promotions is the largest in firm history and represents 13 offices and 10 practice areas.
“We’re thrilled to be promoting such a large and accomplished group of attorneys to start the new year,” Clark Hill CEO John Hensien said. “It’s fantastic to see this class come from a wide variety of locations and practice groups. They’ve already been tremendous leaders and representatives of the firm, and we’re excited to elevate them to our membership.”
The local promoted attorneys are:
Steve Campbell – Environment, Energy, and Natural Resources – Detroit
Lindsey Medina – Immigration – Detroit
Jonathan Roffe – Litigation – Birmingham
Althea Simpson – Litigation – Detroit
Ilya Smith – Corporate – Detroit and Chicago
Peter Valiotis – Litigation – Detroit
Clark Hill also announced the promotion of 13 attorneys to senior attorney. The local attorneys promoted are:
Mariah Mumford – Litigation – Birmingham
Stephanie Romeo – Labor and Employment – Detroit
Lauren Smith – Labor and Employment – Detroit
• • •
Taft is pleased to announce that the following local attorneys have been elected to the firm’s partnership:
Salvatore Amodeo, Litigation, Detroit
Kim Clayson, Bankruptcy, Detroit
Jeff Izzard, Business, Detroit
Amodeo is a member of Taft’s Commercial Litigation group and has experience representing his clients’ interests at the state and federal levels in all areas of business litigation, limited liability company membership and shareholder disputes, construction litigation, contract disputes, employment disputes, civil rights and constitutional claims, and business torts. He received his law degree from Wayne State University Law School and his undergraduate degree from the University of Michigan.
Clayson serves a diverse client portfolio in the areas of insolvency law, creditors’ rights, bankruptcy matters, bankruptcy-related litigation, business law, and health law. She also advises financially distressed companies and nonprofit organizations in bankruptcy restructuring, out-of-court wind ups and dissolutions. She received her law degree from the University of Detroit Mercy School of Law and her bachelor’s degree from Michigan State University.
Izzard is a transactional attorney assisting clients with mergers, sales and acquisitions, equity and debt-based fundraising, and corporate reorganizations. He provides counsel for clients of all sizes from established businesses, private equity funds, and automotive suppliers to renewable energy providers, medical practice groups, and early-stage ventures. He received his undergraduate degree from the University of Michigan and his law degree from the University of Michigan Law School.
• • •
Brooks Kushman Shareholder Christopher Smith was recently re-appointed as the vice chair of IP Licensing and Related Issues for the Intellectual Property Owner Association (IPO) Patent Licensing Committee for 2025 by the IPO Board. The committee includes several members from across the country who focus on intellectual property licensing and related matters and issues.
As vice chair, Smith will help prepare and promote programming offered by the committee. During previous terms, he participated on panels that examined licensing issues such as: best practices for supplier agreements; issues pertaining to standard essential patents for 5G; and unintended consequences of certain IP licensing provisions/language. Smith has been a member of the IP Licensing Committee for eight years and has also held the role of secretary in the committee.
Smith concentrates his practice on intellectual property litigation, with a primary emphasis on patent litigation. In addition to litigation, he is involved with the preparation of invalidity and infringement opinions and licensing disputes. Smith has represented clients from Fortune 500 companies to startups and individual inventors in a wide variety of industries and technologies including: (1) automotive, including infotainment; (2) medical devices; (3) internet, including content delivery networks; and (4) telecommunications, including fiber optics.
Bullard is an attorney whose specialty is personal injury defense and environmental law. He has taken more than 90 jury trials to verdict, including a no-cause verdict on a million dollar offer.
Conway is a litigator whose focus is on the representation of self-insured corporations and insurance company/insureds in all matters including personal injury defense, asbestos litigation, and commercial litigation. He practices in both Michigan and Ohio.
Alberts is a litigator who has been trying litigated matters since 1977 and performs all aspects of claims and pretrial preparations including investigations, negotiations, and discovery. His areas of specialty include premises liability, insurance issues, construction liability, as well as product liability and commercial litigation. He has tried a variety of cases involving contract matters, auto accidents, slip and falls, food poisoning, real estate disputes, employment discrimination, product liability, and construction accidents.
Andrzejewski is an attorney whose practice focuses on defending clients in various third-party negligence claims, premises liability, and no-fault bodily injury claims. Additionally, he has experience representing insurance companies and their insureds against predatory tow companies. His litigation work has taken him to more than 100 courts across Michigan.
Ross is an attorney whose practice has focused on insurance defense and other civil litigation, but his forte is appellate work. He has argued appeals in a wide variety of civil cases in Michigan, Ohio, and the Sixth Circuit.
• • •
Zausmer attorney Talitha Mahome has been appointed to the Chippewa Valley Schools Board of Education, bringing legal expertise and a commitment to community service to the district.
Mahome first sought a seat on the board in the November 2024 election. Although she narrowly missed being elected, her campaign garnered significant community support. After two board members resigned following their elections to other township positions, Mahome was selected to fill one of the vacancies through an application and interview process.
Mahome previously served as an assistant prosecuting attorney in Wayne County and currently works as an attorney specializing in civil litigation and insurance defense. As the mother of two, Mahome has been involved in the Chippewa Valley community for years, participating in PTO activities, school events, and community initiatives.
During her tenure, Mahome plans to focus on equitable resource allocation, supporting educators, and addressing students’ mental health. She has also expressed her dedication to fostering stronger connections between families and the district to ensure transparency and collaboration.
Zausmer congratulates Mahome on her appointment.
• • •
Attorney Mikhail Perkins has been promoted to director of public affairs for the Executive Office of the Governor. The promotion was announced by Michigan Governor Gretchen Whitmer.
Perkins joined the administration as a legislative affairs specialist, providing expert policy and legal analysis on legislative matters to the governor and executive leadership. Prior to this, he served as a policy advisor for the Michigan Senate Majority Democratic Staff, specializing in finance, economic and community development, and judiciary and civil rights. He also worked as a legal extern at the Saginaw Defenders Office, led former state Representative Byrd’s office as chief of staff and legislative director, and was a law clerk at White & Wojda Attorneys and Counselors.
Perkins received his law degree from Michigan State University College of Law and undergraduate degree in political science from Michigan State University.
• • •
Honigman LLP is pleased to announce that the firm’s board of directors has elected the following local attorneys as partners, effective January 1:
Morgan L. Esters (Detroit) is a member of the Litigation Department who focuses her practice on complex commercial litigation. Esters earned her law degree from Michigan State University College of Law.
Tucker R. Hunter (Detroit) is a member of the Litigation Department who concentrates his practice on complex commercial litigation matters. Hunter earned his law degree from Harvard Law School.
Tyler J. Kemper (Bloomfield Hills) is a member of the Corporate Department. He focuses his practice on estate planning and estate and trust administration. Kemper earned his law degrees from Northwestern Pritzker School of Law and Wayne State University Law School.
Ahmad H. Sabbagh (Detroit) is a member of the Corporate Department who focuses his practice on commercial and technology transactions. Sabbagh earned his law degree from Wayne State University Law School.
Katelyn M. Young (Detroit) is a member of the Litigation Department. Her practice focuses on complex commercial litigation matters. Young earned her law degree from Wayne State University Law School.
• • •
Clark Hill recently announced the promotion of 29 attorneys to member, effective January 1. The 2025 class of member promotions is the largest in firm history and represents 13 offices and 10 practice areas.
“We’re thrilled to be promoting such a large and accomplished group of attorneys to start the new year,” Clark Hill CEO John Hensien said. “It’s fantastic to see this class come from a wide variety of locations and practice groups. They’ve already been tremendous leaders and representatives of the firm, and we’re excited to elevate them to our membership.”
The local promoted attorneys are:
Steve Campbell – Environment, Energy, and Natural Resources – Detroit
Lindsey Medina – Immigration – Detroit
Jonathan Roffe – Litigation – Birmingham
Althea Simpson – Litigation – Detroit
Ilya Smith – Corporate – Detroit and Chicago
Peter Valiotis – Litigation – Detroit
Clark Hill also announced the promotion of 13 attorneys to senior attorney. The local attorneys promoted are:
Mariah Mumford – Litigation – Birmingham
Stephanie Romeo – Labor and Employment – Detroit
Lauren Smith – Labor and Employment – Detroit
• • •
Taft is pleased to announce that the following local attorneys have been elected to the firm’s partnership:
Salvatore Amodeo, Litigation, Detroit
Kim Clayson, Bankruptcy, Detroit
Jeff Izzard, Business, Detroit
Amodeo is a member of Taft’s Commercial Litigation group and has experience representing his clients’ interests at the state and federal levels in all areas of business litigation, limited liability company membership and shareholder disputes, construction litigation, contract disputes, employment disputes, civil rights and constitutional claims, and business torts. He received his law degree from Wayne State University Law School and his undergraduate degree from the University of Michigan.
Clayson serves a diverse client portfolio in the areas of insolvency law, creditors’ rights, bankruptcy matters, bankruptcy-related litigation, business law, and health law. She also advises financially distressed companies and nonprofit organizations in bankruptcy restructuring, out-of-court wind ups and dissolutions. She received her law degree from the University of Detroit Mercy School of Law and her bachelor’s degree from Michigan State University.
Izzard is a transactional attorney assisting clients with mergers, sales and acquisitions, equity and debt-based fundraising, and corporate reorganizations. He provides counsel for clients of all sizes from established businesses, private equity funds, and automotive suppliers to renewable energy providers, medical practice groups, and early-stage ventures. He received his undergraduate degree from the University of Michigan and his law degree from the University of Michigan Law School.
• • •
Brooks Kushman Shareholder Christopher Smith was recently re-appointed as the vice chair of IP Licensing and Related Issues for the Intellectual Property Owner Association (IPO) Patent Licensing Committee for 2025 by the IPO Board. The committee includes several members from across the country who focus on intellectual property licensing and related matters and issues.
As vice chair, Smith will help prepare and promote programming offered by the committee. During previous terms, he participated on panels that examined licensing issues such as: best practices for supplier agreements; issues pertaining to standard essential patents for 5G; and unintended consequences of certain IP licensing provisions/language. Smith has been a member of the IP Licensing Committee for eight years and has also held the role of secretary in the committee.
Smith concentrates his practice on intellectual property litigation, with a primary emphasis on patent litigation. In addition to litigation, he is involved with the preparation of invalidity and infringement opinions and licensing disputes. Smith has represented clients from Fortune 500 companies to startups and individual inventors in a wide variety of industries and technologies including: (1) automotive, including infotainment; (2) medical devices; (3) internet, including content delivery networks; and (4) telecommunications, including fiber optics.
headlines Oakland County
- Upward bound: New president of SOPF aims to help take it to ‘next level’
- 6th Circuit Strikes Down Local Energy Generation Requirement
- Whitmer signs bills to lower costs, expanding apprenticeship programs, affordable housing options, and more
- Jury convicts man in bold scheme to steal $700,000 from Michigan casino
- Governor signs bills supporting technology and innovation
headlines National
- ABA calls on senators to oppose ‘deeply concerning’ immigration bill
- SCOTUSblog founder Tom Goldstein faces tax evasion charges
- Stanford Law prof fires Meta as client, citing platform’s ‘descent into toxic masculinity’
- Most lawyers aren’t using AI to address growing workloads, new report says
- US law firms make gains in UK’s mergers market
- Managers, supervisors must return to office, district attorney in Oregon county says
