Columns

LEGAL PEOPLE

October 08 ,2024

Fishman Stewart PLLC is pleased to announce the addition of two experienced attorneys in September, James W. Taylor III and John Bretscher.
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Fishman Stewart PLLC is pleased to announce the addition of two experienced attorneys in September, James W. Taylor III and John Bretscher. Their hiring follows the recent addition of Partner Cecily O’Regan, a Silicon Valley IP veteran, and attorneys Jeong Hee Seo, Kimberly McLean, and Tracy Zawaski. Three of the new team members are former patent examiners and five of the new team members are registered patent attorneys, with the sixth offering trademark and copyright experience.

Bretscher is a registered patent attorney with a special interest in artificial intelligence and electrical and computer arts. His patent practice encompasses multiple hardware and software categories including machine learning, embedded control systems, network server control, computer architecture, communications standards, and telecommunications software, hardware and imaging. With an engineering background, he is an inventor on 15 patents related to computer architecture, communications and imaging.

Bretscher received his law degree from Illinois Institute of Technology, Chicago-Kent College of Law. He holds a Bachelor of Arts in Physics from the University of Chicago, a Master of Science in Computer Science, AI, and Data Science from DePaul University, and an Associate in Science from William Rainey Harper Community College.

Taylor focuses his practice on patents and trade secrets, as well as litigation and dispute resolution. He has experience working in the United States Patent and Trademark Office (USPTO) as an examiner and worked as a patent agent for a decade before receiving his law degree and transitioning to being a registered patent attorney. His combination of technical skills encompasses chemical and computer science/electrical arts and AI.

Taylor earned a law degree from Wayne State University Law School; Master of Science in Chemistry from The University of Sydney (Australia); a Bachelor of Science in Chemistry from Sewanee: The University of the South, Sewanee, Tenn.; and a Bachelor of Science in Computer Science from Eastern Michigan University. He is currently pursuing a Bachelor of Science in Electrical and Computer Engineering at Eastern Michigan University and a Master of Science in Computer Science at Johns Hopkins University.

O’Regan is a veteran Silicon Valley IP practitioner with a passion for helping entrepreneurs identify their sustainable, competitive advantage and create value in their business. Her areas of focus include medical devices, biometrics, software, and clean technologies. She is a named inventor on eight issued patents and author on 12 patent publications in the medical device and software fields.

Seo brings experience as a technical product support engineer as well as in patent prosecution, both as a patent practitioner and examiner. He also has patent experience working closely with inventors from a major Korean appliance and consumer electronics corporation while working at a Korean patent law firm in Seoul, enabling him to serve as a bridge for U.S. clients seeking IP protection in Korea and Korean clients seeking IP protection in the U.S.

McLean, a former primary patent examiner, has knowledge of the inside workings of the Patent and Trademark Office (PTO) and understands how to achieve success with the PTO. Her practice focuses on patent prosecution and counseling in the electrical arts, including technology areas of software, cloud computing, blockchain, multimedia systems and applications, and autonomous vehicles.

Zawaski’s practice focuses primarily on trademarks, copyrights and computer law. For nearly 25 years, she has worked extensively on domestic and international trademark prosecution and contentious matters, trademark opinions, copyrights and counseling on trade secrets and trademarks. She also offers expertise in trademark enforcement and litigation, license agreements, and brand enforcement, among other trademark and IP law practices.

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The Detroit Water and Sewerage Department (DWSD) welcomes Scott MacGriff as its new general counsel and chief compliance officer.

MacGriff previously served the City of Detroit as senior assistant corporation counsel for transactions and economic development. Prior to working in city government, he was a member at Dickinson Wright PLLC. Before joining the private sector, MacGriff served with the U.S.  Department of Justice as justice attaché for the United States to Afghanistan at the U.S Embassy in Kabul, Afghanistan, as well as a trial attorney, representing the United States as lead counsel in government contract actions in the United States Court of Federal Claims and United States Court of Appeals.

At DWSD, MacGriff will be for directing a team of attorneys and professional staff engaged in a wide range of legal matters, including, among other things, legal strategy, regulatory compliance, litigation (contract disputes, billing disputes, collections activities, damage claims, and employment disputes), investigations, Freedom of Information Act (FOIA) requests, and organizational policies.

The DWSD general counsel position has been vacant since June 2024.

•            •            •

Plunkett Cooney
has earned 2023-2024 Mansfield Certification Plus through Diversity Lab.

Mansfield is a year-long, structured certification process that Plunkett Cooney has committed to since 2021 to ensure all employees have a fair and equal opportunity to advance into leadership roles. The “Plus” designation is reserved for firms that voluntarily measure the outcomes of their inclusive processes and have achieved positive results.

“As a firm dedicated to creating opportunities for all attorneys to excel, we are thrilled to receive Mansfield Certification Plus,” said Jeffrey C. Gerish, the firm’s president and CEO. “It is incredibly rewarding to see the firm’s diversity and inclusion efforts have positively impacted our business. We look forward to advancing inclusion, equity and diversity with Diversity Lab and other participating firms.”

Mansfield is now entering its eight year, and Plunkett Cooney is among more than 360 firms that have achieved Mansfield Certification to advance a core value in the legal profession: the belief that everyone should have a fair opportunity for career advancement.

Plunkett Cooney was established in 1913 and is a provider of business and litigation services to public and private sector clients across a range of industries. The firm employs approximately 130 attorneys in seven Michigan cities, as well as in Chicago, Illinois, Columbus, Ohio and Indianapolis, Indiana.

Plunkett Cooney has achieved the highest rating (AV) awarded by Martindale-Hubbell, a leading, international directory of law firms and has been named by Best Companies Group as one of its 2023 Best Places to Work.

In addition, Plunkett Cooney partner Matthew J. Stanczyk was recently named to the 2024 Class of Go To Lawyers for Negligence Law as determined by Michigan Lawyers Weekly (MiLW).

A partner in Plunkett Cooney’s Detroit office, Stanczyk concentrates his practice in various areas of complex litigation, including toxic torts, product liability, fire-related claims, construction liability and commercial warranty disputes. His clients include product manufacturers, general contractors, construction managers, transportation firms, property restoration and remediation firms, commercial property owners and managers, among others that have matters in Michigan and Ohio state and federal courts.

Stanczyk is a member of Plunkett Cooney’s Board of Directors, and he serves as leader of the firm’s Product Liability Practice Group and co-leader of the Torts & Litigation Practice Group. An active member of  ALFA International (ALFAI), a global law firm consortium, Stanczyk is a past member of the organization’s board of directors. He has also served in several other leadership roles, including as chair of ALFAI’s Product Liability and Complex Torts Practice Group.

A 1986 graduate of University of Detroit Mercy School of Law and a 1983 graduate of the University of Michigan, Stanczyk is a member of the Detroit Bar Association, State Bar of Michigan (Negligence and Consumer Law sections), American Bar Association and the Building Owners and Managers Association, Southeast Michigan Chapter.

In addition to this MiLW award, Stanczyk is also the recipient of such professional honors as Martindale-Hubbell’s highest peer review rating-AV Preeminent™ and Dbusiness magazine’s Top Lawyer designation for product liability defense. Stanczyk’s peers have also nominated him as a  Best Lawyer in America® for mass tort litigation and class action defense and as a Michigan Super Lawyer for his product liability expertise.

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Honigman
announced that Kimberly (Kim) Dudek will succeed Donald (Don) Kunz as chair of the Corporate Department, stepping up from her prior role as vice chair. Kunz, who served
as chair for 20 years, will continue as a partner in the Corporate Department, advising clients on corporate finance and governance matters while serving on the firm’s Attorney Compensation Committee and as chair of the Operating Committee.

“Kim couldn’t be more deserving of this role,” said Kunz. “In her successful tenure at Honigman, she’s emerged as a strong leader and earned the trust of her peers and clients—both as a result of her impressive legal acumen and her longstanding engagement in the growth of the Corporate Department.”

Dudek began at Honigman as a summer associate in 2008 and quickly took on a range of complex work. Throughout the years, she has led clients in corporate and financing transactions, including mergers, acquisitions and divestitures. Her primary focus is on representing private equity sponsors and private borrowers in connection with acquisition financings, working capital facilities, senior and subordinated financing transactions and recapitalizations. She also regularly counsels privately held companies and their owners and executives, providing a broad range of corporate legal advice across a wide variety of business sectors, including manufacturing, automotive, property management and residential services.

Over the years, Kunz served as a trusted mentor to Dudek, preparing her to continue his legacy of renowned client service in the Corporate Department. Dudek has made significant contributions to the firm, serving as vice chair of the Corporate Department and as advisor to the Compensation Committee. She also served as a member of the firm’s Board of Directors, has participated in firm strategic initiatives and served on other firm committees.

“Over the years, I’ve grown my career at Honigman and found a true home among my colleagues, who have empowered me to pursue my unique career path and encouraged me to explore my interest in the innerworkings of the firm,” Dudek said. “I’m grateful to Don, my peers, and valued clients of many years for the opportunity to help write the next chapter of Honigman’s Corporate Department.”

In addition, Honigman recently announced that it is expanding its Real Estate Department with the addition of partner Jackie Cook to the firm’s Real Estate Services Practice Group in the Bloomfield Hills office. Cook joins from Novara, Tesija, Catenacci, McDonald, & Baas where she led the tax division.

Cook has more than 20 years of experience litigating property tax and state and local tax (SALT) cases. She represents an array of publicly traded and privately held companies in complex property tax issues and appeals, with clients including Fortune 500 manufacturers, movie theaters, medical facilities, nonprofit organizations, small businesses, labor unions and employee benefit funds, along with families and individuals. With a focus on valuation issues, exemption claims, and classification disputes, she helps her clients navigate the intricacies of the tax landscape, from planning to audits to litigation and appeals.

Cook appeals classification decisions and exemption denials before the State Tax Commission, Michigan Tax Tribunal, and circuit courts. Her practice includes advocating for Fortune 500 companies in state income tax disputes in the Michigan Court of Claims, and she also represents taxpayers in significant personal property tax disputes carried out via audit, informal conference, and litigation, including before the Michigan Supreme Court. As a tax authority, she has written amicus briefs in matters pending before the Michigan Supreme Court and Michigan Court of Appeals, including in Comerica, Inc. v. Department of Treasury, Tomra of North America v. Department of Treasury, and Thomson Reuters Inc. v. Department of Treasury.

Cook earned a law degree from Cooley Law School in 2005 and a B.S. from Hillsdale College in 1999. Prior to joining Novara, Cook previously held roles at national and international law firms where she managed complex property and state tax matters.

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Dickinson Wright
is pleased to announce that the firm’s litigation practice, along with three attorneys, is recognized in the Benchmark Litigation United States 2025 Edition.

Benchmark Litigation recognized the following Dickinson Wright practices and attorneys:

• Michigan – Highly Recommended for Dispute Resolution and Labor & Employment

—Michigan


Phillip DeRosier
– United States (National) and Local Litigation Star

Brandon Hubbard
– United States (National) and Local Litigation Star

Scott Petz
– Future Star

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Foley, Baron, Metzger, & Juip PLLC
is pleased to announce that Enrico Tucciarone has been named a “Go To Lawyer” for negligence law by Michigan Lawyers Weekly.

As a member with the firm, Tucciarone’s defense experience encompasses a range of negligence law areas, including first- and third-party automobile negligence, motorcycle injuries, premises liability, and worker’s compensation.  

In addition, for more than 23 years he has defended healthcare institutions and professionals in medical malpractice litigation and high-exposure, high-publicity mass tort claims.

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McDonald Hopkins
is proud to announce the election of two local attorneys to the firm’s membership as of October 1. The new members, Vanessa Bailey and  Sean Bowen, bring
expertise across two key practice areas: Mergers and Acquisitions, and Data Privacy and Cybersecurity.

Bailey is in the Business Department at McDonald Hopkins and part of the firm’s Mergers and Acquisitions team. Her practice and experience include serving a variety of clients across numerous industries and providing proactive support for complex, commercial transactions such as sales, acquisitions (target and add-ons), divestitures, mergers, investments, and fundraises.

Bailey also acts as outside general counsel to a number of clients and provides day-to-day support on their corporate and contract needs, including entity formation; corporate governance; vendor, supplier, and customer agreements; employment and equity incentive agreements; and license agreements.

Bowen is in the Litigation Department at McDonald Hopkins and a member of the firm’s national Data Privacy and Cybersecurity team. He is accredited by the International Association of Privacy Professionals as a Certified Information Privacy Professional for the United States, the gold standard certification for information privacy professionals. Bowen’s practice focuses on advising clients on best practices to prevent and respond to data privacy and cybersecurity matters such as ransomware attacks and email compromises.

Bowen is also a U.S. Army ceteran, having served for over six years, attaining the rank of captain.

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Varnum
partner Kathleen Cieslik has been elected to serve a three-year term as a council member of the Probate and Estate Planning Section of the State Bar of Michigan, beginning in September 2024. The council oversees Michigan’s probate and estate planning attorneys, focusing on education, law development, and Michigan appellate court decisions.

Cieslik has been an active member of the Probate and Estate Planning Section, currently chairing the Electronic Wills Committee and contributing to legislation for Michigan’s Uniform Power of Attorney Act. Her committee work also includes involvement with Citizens Outreach; Guardian, Conservatorship & End of Life; Nonbanking Entity Trust Powers; the Uniform Fiduciary Income and Principal Act; and the Uniform Community Property Disposition at Death Act.

In her trusts and estates practice at Varnum, Cieslik assists individuals and multi-generational families with customized estate planning and provides counsel to fiduciaries on managing trusts and estates. A litigator, she frequently handles probate matters, both routine and contested, throughout Southeast Michigan.

Cieslik’s other affiliations include the Board of Directors for the Planned Giving Roundtable of Southeast Michigan, the Oakland County Bar Association, and the Financial and Estate Planning Council of Metro Detroit. She is also a member of the Detroit Regional Chamber’s 45th Leadership Detroit Cohort.

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Bodman PLC
is pleased to announce that for the second year in a row it has been awarded Mansfield Certification Plus status, the highest level of designation in the Mansfield program.

“We are thrilled to be awarded Certification Plus status for another year,” said Bodman Chair Carrie Leahy. “Inclusivity is a pillar of Bodman’s culture and we are continually striving to create a space that is welcoming and supportive of all, both internally and externally when serving our clients.”

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Miller Canfield
is proud to announce that it has earned Mansfield Plus Certification for 2023-2024, marking the seventh consecutive year the law firm has achieved this recognition.

Miller Canfield was the first Michigan-based firm to hold this distinction and is one of just a select few firms nationwide to meet the rigorous criteria required to achieve Mansfield Plus Certification every year since the program’s inception.

“This recognition reflects our unwavering commitment to fostering a more inclusive and equitable legal profession. Our success is built on ensuring diverse voices are heard and respected, and that underrepresented lawyers have an equal opportunity to be promoted to leadership positions within the firm,” said Miller Canfield CEO Michael Palizzi.

During the 2023-2024 certification period, women and members of historically underrepresented groups at Miller Canfield accounted for:

• 100% of attorneys promoted to equity principalship

• 38% of the firm’s nomination committee

• 66% of the firm’s C-suite executive leadership

• 50% of the firm’s compensation committee

• 41% of resident directors in the firm’s U.S. offices

• 52% of the firm’s associates

• 64% of the firm’s U.S.-based associates are women or BIPOC

• 83% of the firm’s 2024 summer associate class are women or BIPOC

Miller Canfield’s participation in the Mansfield Rule has resulted in progress toward promoting diversity in leadership roles. The firm’s initiatives also include participation in a summer associate program for BIPOC law students, expanded parental leave policies, a comprehensive Diversity Scorecard to track the demographics of its workforce and work assignments, and a robust mentorship and sponsorship program to ensure continued support for underrepresented attorneys.

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Dykema
recently announced that the firm has achieved Mansfield 7.0 certification as well as Mansfield Certification Plus status after completing the 12-month certification process in
collaboration with Diversity Lab. This marks the third consecutive year that Dykema has achieved Certification Plus status—the highest standing possible—in as many times participating in the certification process.

Since joining the Mansfield cohort of firms in 2021, Dykema has worked to increase the transparency and accessibility of our advancement procedure and to open the door wider to ensure that all talent at the firm has a transparent, fair, and equal opportunity to be considered for leadership roles and activities.

Announced in August, Dykema will continue to embrace equity in leadership opportunities by renewing its participation in the Mansfield Rule certification process, joining more than 360 large and midsize firms from the U.S., UK, and Canada seeking Mansfield 8.0 certification, a process that runs from July 2024 to June 2025.

•            •            •

Diversity Lab recently announced that Clark Hill has achieved 2023-24 Mansfield Certification Plus recognition for expanding pipelines to firm leadership positions and providing
transparency to firm attorneys on advancement processes.

Clark Hill is designated as a Mansfield Certification “Trendsetter” by having earned the certification since 2021 and committing to its goals for at least the next 2-4 years. This is the second year Clark Hill has also earned the “Plus” recognition.

“This is a great accomplishment for the firm to achieve Mansfield Certification for the third time and to achieve the Plus designation back-to-back,” said Clark Hill CEO John Hensien. “It’s a great recognition of our increasingly diverse leadership and Member roster, and we’re committed to building on the initiatives that were instrumental in this success.”

“We’re thrilled with the results we’ve achieved in fostering an inclusive and equitable culture and that these efforts align with the goals of the Mansfield program,” said Linda Watson,
member and chair of Clark Hill’s Diversity, Equity and Inclusion Program. “We continue to work across the firm using programs, training, cultural celebrations, policy updates, and surveys, among other things, to promote inclusion, equity, and diversity at all levels.”

•            •            •

Taft
partner Justin Hanna received the 2024 Inaugural Young ACG Beacon Award for his involvement with the ACG Detroit Chapter. The award honors young professionals in each chapter of the Association for Corporate Growth (ACG) in the Great Lakes region who have made an extraordinary positive impact on their community. Hanna was recognized as an emerging leader who excels in his professional capacity and also contributes to the growth and enhancement of the ACG community.

Hanna is a partner in Taft’s Detroit office in the Mergers and Acquisitions, Private Equity and Venture Capital, and Emerging Companies practice groups. Hanna’s experience centers on business and real estate law, with a strong emphasis on middle-market M&A. He has dedicated his practice to empowering entrepreneurs, investors, and businesses of all sizes to grow through effective strategic planning and analysis, regardless of the size, complexity, or scale of representation.

Hanna serves on the Program Committee for the ACG Detroit Chapter.

•            •            •

At the Annual Meeting of the International Municipal Attorneys Association in Orlando on September 27, Mike Watza delivered a presentation to a national audience, where he addressed the significant issue of declining municipal cable and video service revenues, emphasizing the impact of subscriber cord-cutting and the growing preference for streaming video services.

Additionally, Watza provided a comprehensive update on the legislative contest and impending litigation between Michigan Communities and Netflix and Direct TV. This high-stakes dispute involves $3 billion in annual franchise fees nationally, with $150 million at risk in Michigan alone.

Watza leads Kitch’s Government practice, which focuses on telecommunications, electric service, and pipelines.

COMMENTARY: Transforming chaos into calm

October 08 ,2024

We all have multiple opportunities each day to either engage in a conflict, or to turn the moment of tension into an opportunity to collaborate.
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By Teresa Killeen

We all have multiple opportunities each day to either engage in a conflict, or to turn the moment of tension into an opportunity to collaborate. Recently, Judge Timothy Connors of the Washtenaw County Circuit Court and I were reviewing the space the courthouse is setting aside as a sanctum for the jade plant and Irish shamrock plant Judge Connors is dedicating to the space.

As we reviewed the space, and the Narcan display  that currently occupies it, a young man approached us. He was angry and offended. He had been listening to us, and believed he heard Judge Connors say that the court should eliminate the Narcan display. In a belligerent tone, George W. told us how important the Narcan display was. Firstly, because George’s life had been saved a couple of weeks prior through the use of Narcan. Secondly, because the Narcan display is on the second floor, where Judge Carol Kuhnke holds Drug Court, and the participants in Drug Court are the people in the courthouse most likely to need Narcan. So, it’s proximity to the Drug Court is important.  Having delivered his message, and the pain imbedded in it, George walked a short distance away.

After three invitations from Judge Connors to engage in a conversation, George finally walked back over. Initially, George was unwilling to engage in conversation. George insisted he had said his piece and didn’t want to talk to us. His contempt was evident, and he felt something vital to him had been disrespected. George’s attitude invited conflict.  

As Judge Connors drew George back into a conversation, he began with an apology and gently asked George to explain to him what the Narcan display meant to him. George’s explanation included his mistaken belief that Judge Connors was suggesting the display be eliminated from the building, rather than the true discussion, which was whether the display could be moved a few feet. Once the misunderstanding was cleared up, Judge Connors saw the link between the life-saving value of the Narcan, and the intent in creating a sanctum, which is life-affirming. He invited George to collaborate with him on a joint display that could encompass both George’s passion for having the Narcan on the second floor in plain view, and Judge Connors’ desire to provide a space for reflection and renewal at the courthouse. Reflection and renewal is a befitting legacy for the judge who brought Peacekeeping to our courthouse.  

George teared up as his anger subsided and he returned to a calm state of mind where he was able to tap into his creativity and make suggestions about how to craft a solution that satisfied the individual needs through a joint goal. With some discussion, they arrived at a plan, shook hands on it, and a tearful George walked away.

This interaction was packed with powerful lessons: the heat we can ignite over a misunderstanding. The tools that transform a loaded situation into an opportunity for deeper understanding and mutual respect. The value of a heartfelt apology. How to invite someone to participate in a solution. And, the healing value of walking in the other person’s shoes. George went from feeling marginalized to feeling that his perspective had been understood and incorporated into the solution he helped devise. His heart was much lighter. And Judge Connors felt that the sanctum he is creating has even more meaning because of the inclusion of the Narcan display and what it represents.

As we go through our day, we all encounter chaotic situations and moments of discord. The question to ask ourselves is: am I going to continue the chaos, or am I going to transform the chaos into calm? Chaos is an invitation to engage our creativity to find a way to lower the other person’s defenses.   With lowered defenses, the other person can also engage their creativity to come up with a resolution that restores calm. It took several attempts with George before he was willing to lower his defenses, and Judge Connors kept offering  pathways to calm until George heard one he found acceptable. With both of their creative minds engaged, a solution was reached that ended up giving the space even more meaning than the original intent. The moment took about 10 minutes; the lessons are now part of the permanent space.  

You are all invited to visit the sanctum when it is established.  It will be in the main lobby of the second floor of the courthouse. The Irish shamrock represents spiritual growth and renewal. The jade plant represents resilience. You are invited to take a small cutting from it if you wish to propagate your own jade or Irish shamrock plant.
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Teresa Killeen is the judicial attorney for Judge Julia B. Owdziej of the Washtenaw County Trial Court. She is a graduate of the University of Michigan Law School, and serves as the editor for the Washtenaw County Bar Association’s bimonthly legal publication. She can be reached at killeent@washtenaw.org or at 734-222-6921.

COMMENTARY: Headlines seldom tell the full story of war’s death toll

October 08 ,2024

Above a story labeled “explainer,” the following “objective” headline appeared on the sites of several news outlets recently:
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By Berl Falbaum

Above a story labeled “explainer,” the following “objective” headline appeared on the sites of several news outlets recently:

“Gaza death toll: How many Palestinians has Israel's campaign killed?”  
Let’s try the same kind of balanced reporting for other wars in history.
How many civilians did the Allies kill in the June 6, 1944 invasion of Normandy?
How many did they kill in the following push through Europe?

Or ...

How many civilians did the U.S. kill in Vietnam, Iraq, and Afghanistan?

Instead of the one-sided headline asking how many Palestinians have been killed by Israel in the war how about something along these lines:

(X Number) of Palestinians have been killed in the clashes between Hamas and Israeli troops.

Need one point out that Israel did not launch a campaign to kill Palestinian civilians but responded to un-imaginary butchery and savagery conducted on October 7, 2023.

As implied in my questions above, we have not seen this kind of reporting in other wars.

For instance, during World War II, as discussed in history books, Air Force Major General Curtis LeMay decimated more than 60 Japanese cities with fire bombings over five months, slaughtering and literally incinerating tens of thousands of civilians.

In the first such air attack by B-29 bombers, more than 100,000 civilians were “baked alive” in temperatures reaching 1,800 degrees Fahrenheit. Some taking refuge in canals, were “boiled to death in the searing heat.”

We won’t even mention “Fat Man” or “Litte Boy,” the two A-bombs dropped on Hiroshima and Nagasaki.

In Europe, the Allies leveled dozens of German cities and did so by design.  The objective was to have the German population revolt against Hitler.  The British called it a “dehousing” strategy.

Yet, the media’s focus remained on military operations against Japan and Germany.

Or consider the following unsettling paragraph in a recent issue of The New Yorker regarding atrocities conducted by the U.S. in wartime:

“The U.S. invasion and occupation of Iraq left more than 200,000 civilians dead. It’s a numbing figure, and almost impossible to contemplate.”

And, we need to remember, the U.S. had not been attacked by Iraq nor did it face an existential threat.    

None of the above is intended to excuse or defend what we generally refer to as, “collateral” damage. But the point is there needs to be, in short, context.

Regrettably, in war, civilians always pay a higher price than combatants.  In World War II, the civilian death toll was two to three times that suffered in the military. (The usual number cited: 15 million combatant deaths vs. 30 to 45 million civilians.)

Back to Israel. Israel did not suddenly and for no reason launch a campaign to slaughter civilians as offending headlines and endless anti-Israel stories imply.  

As we reach the sad first anniversary of the Hamas-Israeli war, the coverage of the conflict by the media can only be described as journalistically disgraceful.

In the Hamas-Israel war, the media’s daily reporting has centered — almost entirely and exclusively — on civilian deaths, and never fails to add the obligatory line, “including mostly women and children.”

Seldom, if ever, are the military battles between Hamas and Israel covered.  

The media may not have noticed, when Israel conducts a raid that leads to civilian deaths, another party is firing at IDF soldiers.  Could that have caused some of the casualties?

Indeed, at times, some officials reported, Hamas purposely fired at its own people, particularly when it did not want Palestinians to move to safer ground.

In many stories, Hamas is not even mentioned as a party to the conflict.

As Jonathan Freedland wrote in The Guardian:

— “... Hamas has become an invisible player in this conflict.  That’s literally true on the battlefield.

— “... [The] thousands of Hamas dead are all but unseen and rarely discussed.

— “The heartbreaking footage that comes out of Gaza...shows civilians rather than fallen fighters. Hamas combatants remain out of sight.”  

Worse, the numbers used for civilian deaths come from no other credible and authoritative source than the Hamas Health Ministry, an arm of the terrorist organization.

Now, how can anyone question such a source?

The media have continually accepted the numbers without question as if they were carved in a holy tablet. There has been no practice of traditional journalistic skepticism.

Sometimes reporters attribute the numbers to the ministry and sometimes to “health agencies in Gaza” — there are none in Gaza except the ministry.  

At times, reporters don’t even bother to attribute statistics which violates one of the most hallowed principles in journalism, and, finally, they seldom, if ever, differentiate between combatants and civilians.

Already forgotten that in May, the United Nations reduced by almost half the number of women and children killed in the war.  That, for a day or two, raised questions about the veracity of Hamas’s statistics.  

But that did not seem to have an effect on the media or Israel’s critics.  Daily we are fed what we might call, “The Hamas Death Toll.”  

As I have written several times in the last year, the suffering of Palestinians is heart-wrenching.  Who cannot be moved by the videos coming out of Gaza?

But we need more sophisticated reporting on the causes of this tragedy.  Yahya Sinwar, the Hamas leader, has said in emails published by The Wall Street Journal that civilian deaths are in line with Hamas’s strategy, the more deaths the better because it puts Israel on the defensive in the world.

Recently, the Times of Israel reported on a study that found, “[Hamas] obfuscates information about slain operatives, knowing that by focusing only on civilians it can assure the world’s support as it fights against Israel.”  

Even relatives of slain fighters are forbidden to mourn publicly lest it attracts attention to military deaths, the report said.

Within a week after the war broke out, I wrote that Hamas had already won.  I did not mean militarily but politically.  

Hamas was successful with its propaganda in turning the world’s eyes away from October 7 and to the suffering of Palestinians, despite the fact that it is entirely responsible for causing this ongoing human calamity.

We might also point out the media’s silence on other humanitarian disasters such as those in the Sudan, Yemen, the Democratic Republic of the Congo, and two dozen or so other wars.

I am frequently asked what can be done to facilitate more responsible and professional reporting of the war.

Not wanting to cause more depression, I’ll let readers speculate as to my answer.
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Berl Falbaum is a veteran journalist and author of 12 books.

OCBA UPDATE: Immigrant eyes

October 01 ,2024

A few years ago, a good friend of mine introduced me to a song by Guy Clark. My friend described him as a country singer, but as I have listened to Guy’s catalog of music over the years, I’ve found him to be more a folk artist and storyteller than anything else.
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A few years ago, a good friend of mine introduced me to a song by Guy Clark. My friend described him as a country singer, but as I have listened to Guy’s catalog of music over the years, I’ve found him to be more a folk artist and storyteller than anything else.

One of Guy’s songs in particular, a song called “Immigrant Eyes,” written by Guy and Roger Murrah, hit close to home for me. It may seem strange for a country singer to focus on immigrants, but the song tells the story of Guy’s own grandfather who immigrated to America from abroad and his experience during that process. Guy begins by describing the chaos of arrival at Ellis Island:

“Oh Ellis Island was swarming

“Like a scene from a costume ball

“Decked out in the colors of Europe

“And on fire with the hope of it all

“There my father’s own father stood huddled

“With the tired and hungry and scared

“Turn-of-the-century pilgrims

“Bound by the dream that they shared”

The song hit home for me because my own grandparents, my grandfather Peter Googasian and my grandmother Lucy Chobanian, both made that same harrowing journey across the ocean before they settled here, met each other, and eventually married.

Each made the journey alone, a solo traveler in a sea of hundreds of others looking for a better life. But for their courage, I wouldn’t be here.

Their story isn’t unique, of course. Like millions of immigrants from around the world, from Mexico, Iraq, Korea, South Africa, and every other country in the world, they arrived with next to nothing — only the clothes on their backs, the brains in their heads, and the strength in their muscles and their hearts.

And when you arrive with nothing, what do you do? You work. And Guy covers that, too:

“Through this sprawling Tower of Babel

“Came a young man confused and alone

“Determined and bound for America

“Carryin’ everything that he owned

“Sometimes when I look in my grandfather’s immigrant eyes

“I see that day reflected and I can’t hold my feelings inside

“I see starting with nothin’ and working hard all of his life

“So don’t take it for granted say grandfather’s immigrant eyes”

Work. To me, that’s the immigrant way. Work. Work hard. Never stop working until you’re too old and broken to work anymore. Work hard so your children, and their children, have it better than you. So they can go to school, maybe college, maybe even law school or medical school. So those children and their children can live a life of which you could only dream. I have been the grateful beneficiary of my own ancestors’ courage and hard work.

My grandmother, my Nani, worked as a seamstress. She had been orphaned and sent to different orphanages. In one orphanage in Egypt, she sewed lace for the queen of Egypt. Once in America, she attended classes at Flint Junior College. Later she ran the family grocery store. She passed when I was 4, and my memories of her are limited. She was a warm and formidable woman, and I always felt safe and loved in her arms.

My grandfather Pete worked in the U.P. as a lumberjack and later in a copper mine. He worked on the line at Fisher Body, and at various times he owned a bar, a pool hall, a restaurant, commercial buildings (that he built quite literally by hand), and later a grocery store. Work was what they knew.

After my grandmother passed, my grandfather came to live with us. He slept in the bedroom next to mine, and for nearly five years, he was my constant friend and companion. I remember him singing songs in Armenian in his room at night. In the afternoon, he would wait for me to get off the school bus and he would ask me about my day and get us a snack. He looked after me, always. Even when I got in trouble. Especially when I got in trouble.

I am a better man for his having been in my life. And although he passed nearly a half-century ago, I still miss him.

Much as I’ve tried over the years, I’ll never be a songwriter, and I’ve found that I can’t do better than Guy Clark to describe my own feelings:

“Now he rocks and stares out the window

“But his eyes are still just as clear

“As the day he sailed through the harbor

“And come ashore on the island of tears

“My grandfather’s days are numbered

“But I won’t let his memory die

“’Cause he gave me the gift of this country

“And the look in his immigrant eyes.”

In the latest issue of LACHES dedicated to immigration, I thought I would express my appreciation, admiration, and wonder to Lucy, and to Peter, and to all the immigrants who have come
here looking for a better life and made our America a better place in the process.

And not just to those who are already here, but to those immigrants who arrive every day, making the brave choice to escape a danger at home or just yearning for greater opportunities.

This is for them, too.
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Dean M. Googasian, of The Googasian Firm PC, is the 92nd president of the Oakland County Bar Association.

COUNSELOR’S CORNER: Peace results when we let go of the blame and feel the pain

October 01 ,2024

So often it becomes easy to blame someone for our pain and our fear. Everyone has emotional pain. But so often we want to avoid  this pain and blame someone else for our pain.
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So often it becomes easy to blame someone for our pain and our fear. Everyone has emotional pain. But so often we want to avoid  this pain and blame someone else for our pain. We can become angry with how someone has bluntly talked to us. We can blame a spouse for becoming  upset with us. We can blame parents for how they may have spoken to us in our childhood. But blaming others or circumstances for our pain is never helpful. It stops us from feeling our pain so we can heal. It is never what has happened to us that keeps us stifled and emotionally and spiritually in a prison of self-absorption, resentment or anger.  We use anger and resentments and blame as a way of avoiding healing. I need to feel my pain so I can heal.
When I  accept my emotional and even physical pain and not blame others for this, I starting healing and I get to a deeper and more peaceful level within myself.  The honest embrace of pain becomes an opening of my heart and mind to healing and to an experience of God.

Anger, blame and criticism of others in my life will never bring me internal peace. It puts me into an emotional prison of anger and feeling sorry for myself. That never works. But when I embrace the pain, I am feeling I begin to see such positive and good things about life and about other people.  

Last  week I took a group of people who had lost their spouses in the last year through a meditation. They sat  quiet and receptive and found themselves going much deeper into themselves as the embraced the pain of the loss of their loved one.  Instead of running away from their loss, they embraced their loss and started feeling peace. The more I open up to the pain in my life, the more I will discover an inner peace even with tears streaming down my face. When I let go of blame, I open up to my pain and I begin to heal. It  is an amazing and accurate paradox of life. When someone says something critical or negative about me or about someone else, or about the world, it doesn’t bring joy or peace to me unless I accept  that this is their difficulty and I do not have to embrace negativity or criticism of others. I don’ t have to correct someone else but I do not have to participate in their negativity. And for certain when negative thinking starts entering my mind, can quickly decide  to put a stop to negative thoughts and start looking and talking to others in a positive and loving manner. People need to be loved not corrected. In this experience of love, I give another person a chance  to feel a loving presence which helps bring out the best in that person and the best in me.

Misery will result when I become angry and critical and focus on blaming others for the condition of the world.  Life will always have serious difficulties. There will always be pain and suffering.  But there will also be good times, happy times and peaceful times. These times will increase in my little corner of the when I let go of blame and feel the pain that is inside of me. That embrace of my pain will bring me into a peaceful state and help me experience joy and hope and a positive experience of God.  When someone smiles at me and is kind toward me, I feel hopeful and loved.  What if I did that to everyone. Before I started typing this article I went and got something to eat at McDonalds. The young attendant there was so kind and friendly. I felt better. She felt better. Staying kind and positive changes us and changes other people. Each present moment of life when positively embraced will bring a person into a depth of peace and joy that becomes  uplifting and influences me to be positive and hopeful in each present moment.

Yes, peace will result when I let go of blame and feel the pain that I need to experience.  It is one of the most positive and fundamental emotional and spiritual principles of life. I have seen the positive results so often throughout my life. And when I depart from this, I now quickly realize that I better return quickly to letting go of blames and feeling my pain so I can pour more love into  the world and to everyone who crosses my path. Love, peace, God and feeling my pain are all connected in a very positive and uplifting way.
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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.

LEGAL PEOPLE

October 01 ,2024

Butzel attorney Jennifer Dukarski was a featured speaker during the September 26 COVESA All Member Meeting in Novi. She participated in a panel discussion titled, “Unlocking Mobility Potential: The Role of Consented Data in Connected Services.”
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Butzel attorney Jennifer Dukarski was a featured speaker during the September 26 COVESA All Member Meeting in Novi. She participated in a panel discussion titled, “Unlocking Mobility Potential: The Role of Consented Data in Connected Services.”

Dukarski leads Butzel’s Connected and Autonomous Mobility Team. Her automotive expertise as a former design engineer, Six Sigma master black belt, continuous improvement lead champion, and quality manager gives her a unique perspective on balancing the legal issues and business applications of emerging automotive technology.

Dukarski focuses her legal practice where technology, mobility and communications meet. A leader in the area of electrified, connected and automated vehicles, she negotiated some of the first robotaxi agreements in the world. A champion of the responsible use of AI, Dukarski regularly advises and teaches on AI risk mitigation. She was named one of the 30 Women Defining the Future of Technology by Warner Communications for her innovative thoughts and contributions to the tech industry.

In addition, Butzel immigration law attorney Reginald A. Pacis was a featured speaker during the State Bar of Michigan Annual Meeting on Friday, September 27. He participated in a panel discussion on key immigration issues.

Pacis focuses his practice in immigration law and has handled a variety of immigration matters including H-1B specialty occupation cases, L-1 Intracompany transfers, Labor Certification matters, Immigrant Visa Petitions/Adjustment of Status applications and interviews, TN Free trade cases, H-1B Department of Labor Investigations, I-9 employer verification compliance, and U.S. Port of Entry airport and land port interviews.

Pacis was named Immigration Lawyer of the Year in 2025, 2023 and 2013, respectively in the field of Immigration Law by The Best Lawyers in America and has been listed in Best Lawyers for several years.

Pacis is a member of the American Bar Association, the American Immigration Lawyers Association (AILA), and the Samahang Pilipino Ng Oakland Filipino organization. He served two consecutive one-year terms from 2003 to 2005 as chairperson of the Michigan Chapter of AILA and was a member of the AILA National Board of Governors for those terms.

•            •           •

John W. Reiser III
will serve as the 2024-2025 chair of the State Bar of Michigan’s Representative Assembly.

Reiser was sworn in by Judge Melissa M. Pope during the Representative Assembly meeting September 1 and will serve a one-year term as chair. Reiser has been a member of the RA since 2004 and has served in several capacities, chairing the Calendar Committee and Drafting Committee and serving on the Assembly Review Committee. As chair of the RA he said he plans to continue outreach with Michigan’s tribal courts, address Michigan’s “legal deserts,” and increase RA membership.

Reiser is the senior assistant city attorney for the City of Ann Arbor and has been in the role since 2020. Prior to that, he was assistant prosecuting attorney for Washtenaw County and assistant prosecuting attorney for Oakland County.

Reiser volunteers and serves in several­ capacities including as a member of the Ann Arbor branch of the NAACP, former chair and current member of the Ypsilanti Township Planning Commission, a member of Prosecuting Attorneys’ Association of Michigan’s Traffic Safety Forum, and former president of the Washtenaw County Assistant Prosecuting Attorneys’ Association.

Also during its September meeting, the RA presented Elizabeth Hohauser with the RA’s Unsung Hero Award.

•            •           •

McDonald Hopkins
is thrilled to welcome Chelsea Zortman as the newest associate to join the Data Privacy and Cybersecurity Practice Group.

“I was drawn to McDonald Hopkins, firstly, because of its commitment to culture, but also because of its notable achievements not only within the Data Privacy and Cybersecurity Practice Group but across the firm,” said Zortman. “I think what makes the McDonald Hopkins’ Data Privacy and Cybersecurity practice unique is its commitment to client-focused solutions that combine a deep knowledge of data privacy and cybersecurity law and best practices, established relationships across the industry, and client needs.”

Zortman’s practice focuses on preventing and responding to cybersecurity incidents, including incident response, data breach notification, and regulatory investigations. She is passionate about data privacy law and helping clients navigate its nuances.

“I enjoy the complex and ever evolving regulatory landscape and how it intersects with nearly every industry, professional and personal environment. There are new challenges each day and I look forward to tackling them with such an experienced team here at McDonald Hopkins,” she said.

Her experience extends to the digital advertising technology sector, where she has provided legal guidance on product compliance with regulations such as General Data Protection Regulation and California Consumer Privacy Act. Zortman also has a background in intellectual property law.  

Prior to joining McDonald Hopkins, Zortman also served as product counsel at a large technology firm focused on government contracting. There, she oversaw legal compliance in product development, contract negotiations mitigating data privacy risks, and intellectual property protection. Her role involved collaborating closely with sales, procurement, and regulatory agencies to ensure legal adherence and streamline processes.

Zortman earned her law degree from the University of Baltimore School of Law and has a Bachelor of Arts in Human Rights from Southern Methodist University.

•            •           •

Dickinson Wright
congratulates Erin Pawlowski who was named to Michigan Lawyers Weekly 2024 Influential Women of Law. Honorees will be awarded on September 27 in Troy.

Pawlowski focuses her practice on complex corporate transactions. She has a diverse M&A practice and serves as outside general counsel for businesses in a variety of industries and stages of growth. She represents private equity sponsors, portfolio companies, venture capital funds, strategic buyers and sellers, and other privately held businesses.  

Pawlowski earned her law degree from Wayne State University Law School and her B.G.S. from the University of Michigan.

•            •           •

Kitch
congratulates retired Judge Daniel Palmer on his recent appointment to the State Bar of Michigan Alternative Dispute Resolution Council to serve a three-year term on the Council.

Palmer is a principal in the firm’s Mt. Clemens office. He focuses his practice on no-fault litigation and other insurance defense matters. Prior to his return to Kitch, he spent more than 25 years in various aspects of tort and other litigation; as a defense attorney, plaintiff attorney, claims manager, facilitator, legal aid director, and chief judge. Palmer is a certified civil mediator.

•            •           •

Brooks Kushman
Shareholder and Intellectual Property Owner Association (IPO) Patent Licensing Committee Member Christopher Smith spoke at the Intellectual Property Owners Association Annual Meeting in Chicago September 22-24. The presentation, called “Assessing Licensing Terms and Rates Considering Comparability,” focused on IP licensing and related issues.

As vice chair, Smith helps to 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 7 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: automotive, including infotainment; medical devices; internet, including content delivery networks; and telecommunications, including fiber optics.

•            •           •

Collins Einhorn Farrell PC
attorney Kari Melkonian was recently recognized by Michigan Lawyers Weekly as a Go-To-Lawyer for Negligence Law.  

“I’m honored to be recognized as a ‘Go-To-Lawyer’ by Michigan Lawyers Weekly,” Melkonia commented. “Representing businesses and individuals in complex tort litigation is as rewarding as it is challenging. I’m thankful for the opportunity to learn from great lawyers in and outside of my firm, and very much enjoy using my training to get the best result for my clients. Thank you to those who nominated me, and Michigan Lawyers Weekly for the recognition.”

Melkonian is a partner at Collins Einhorn Farrell PC. She has experience in defending high exposure and catastrophic injury claims, as well as consulting clients regarding catastrophic claims prior to litigation. She has experience in all aspects of the litigation process. Additionally, She received specialized training for civil mediation, equipping her with specialized negotiation methods to mediate complex civil matters.

In addition, Collins Einhorn attorney Reine Hamdar recently moderated a panel discussion hosted by the MENA American Chamber of Commerce. The discussion was an in-depth look at the increasing threat of cyber-attacks on small businesses and how business owners should protect themselves.  

Hamdar is a member of the firm’s Professional Liability and AI Ethics & Compliance Practice Groups. Her practice focuses on the defense and representation of professionals in the legal, insurance, accounting, architectural, engineering, and real estate fields.