Kalczynski, Kevin

Kevin is a partner in BSDD’s commercial litigation department. He focuses on litigation, representing plaintiffs and defendants in business tort and breach of contract matters. He also has significant experience in defending lawyers and engineers in professional malpractice actions, director and officer liability claims, insurance broker error and omission claims, supplier disputes, lease disputes, trade secrets, non-compete agreements, construction and lender liability litigation. Kevin has first-chair trial experience in court and arbitration and has successfully argued matters in the Michigan court of appeals.

In addition to his litigation practice, Kevin represents closely-held companies on general corporate matters including, entity formation, contract negotiations, and employment matters.

He has presented to in-house counsel on ethics issues and on how to save costs when employing outside counsel. In 2012, Kevin was named to The Best Lawyers in America for his work in commercial litigation. Best Lawyers is the oldest and most highly-respected peer review guide to the legal profession worldwide. Kevin has also been named a “Rising Star” by Super Lawyers (commercial litigation) in 2010-2012 and a “Future Star” by Benchmark Litigation (business litigation) in 2009-2012.

Active in the community, Kevin currently serves on the Board of Directors for Boys Hope Girls Hope of Michigan, Inc. and the Detroit Metropolitan Bar Association Foundation. He is also a member of the State Bar of Michigan’s Professional Ethics Committee, the State Bar of Michigan’s Character and Fitness Committee and the Royal Oak Zoning Board of Appeals. In 2013, Kevin was named to Oakland County’s Elite 40 Under 40, which recognizes young thought leaders who live or work in Oakland County.

Representative Experience

• Represented a large insurance company in a complicated commercial arbitration with a vendor represented by one of the country’s largest law firms culminating in a seven-day hearing involving over a dozen witnesses and hundreds of exhibits. The arbitrator awarded our client 90% of its monetary claims and awarded the vendor less than $4,000 on its $6 million counterclaim.
• Represented an international engineering firm in a suit arising from the catastrophic failure of a blast furnace in a steel making facility. The plaintiffs sought $400 million in damages. We immediately deposed the key witnesses exposing the owner’s own negligence in maintaining the blast furnace. This led to a prompt and very favorable settlement for our client.
• Represented one of Michigan’s largest law firms in legal malpractice action in federal court arising from complex tax shelter. Deposed the plaintiff and then drafted and argued successful summary judgment motion.
• Key member of trial team representing one of Canada’s largest law firms in 15-day evidentiary hearing in federal court where plaintiffs sought to enjoin the firm from representing a Canadian municipality against a $1.5 billion infrastructure project based on an alleged conflict of interest. At the conclusion of the hearing, the court denied plaintiffs’ motion for a preliminary injunction.
• Key member of trial team in arbitration involving the construction of a power plant. At the conclusion of the 72-day hearing, our client was awarded over $25.5 million.
• Represented directors and officers of auto supplier in adversary proceeding in bankruptcy court. Immediately filed dispositive motions and then settled case for a fraction of the policy limit while the motions were pending.
• Represented one of Michigan’s largest land developers in case arising from alleged fraud related to land contract. Successfully argued summary disposition motion on behalf of our client.
• Represented landlord in a case brought by an international corporation. Successfully argued summary disposition motion on behalf of our client and then collected client’s attorney fees and costs under fee provision in lease.
• Represented major OEM in breach of warranty action. Successfully argued summary disposition and subsequent appeal on behalf of our client.
• Represented lender in action involving a foreclosure sale on commercial property. Obtained declaratory judgment setting the foreclosure sale aside and successfully argued subsequent appeal.
• Represented major automotive OEM in potential criminal RICO/antitrust matter. Filed civil complaint and then negotiated six-figure settlement before discovery.
• Represented Tier One automotive supplier in lawsuit arising from failed business acquisition. Drafted case evaluation summary which lead to seven-figure recovery for our firm’s client.
• Lead trial counsel in pro bono civil rights case in federal court.

Education

B.A., Wayne State University, Political Science, 1996, Cum Laude
J.D., Wayne State University, 2000, Cum Laude (top 10% of class)

Honors and Awards

Member 2013 Oakland County Elite 40 Under 40
Member of Class XXXIIII (2011-2012) of Leadership Detroit sponsored by Detroit Regional Chamber
Recognized by The Best Lawyers in America (commercial litigation), 2012
Recognized as “Rising Star” by Superlawyers (business litigation), 2010, 2011, 2012
Recognized as “Future Star” by Benchmark Litigation (commercial litigation), 2009, 2010, 2011, 2012
Certificate of Appreciation, Pro Bono Recognition, Eastern District of Michigan, 2003
Order of the Coif, Member, 2000
Bruce A. Miller Family Scholarship, Recipient, 1999
Silver Key, Recipient, 1999
Bronze Key, Recipient, 1998

Publications

Courts Must Evaluate Actions to Alter a Plat Under the Land Division Act Rather than MCL 600.2932, Michigan Real Property Review, Vol. 30, No. 2, Summer 2003

Utility Has Right to Clear Pipeline Right-of-Way, Michigan Real Property Review, Vol. 30, No. 3, Fall 2003

Speaking Engagements

Presented Ethics Issues Facing In-House Counsel at meeting of Original Equipment Supplier Association Legal Council – June 24, 2008

Presented Practical Considerations For Saving Costs and Increasing the Efficiency of Outside Counsel at meeting of Original Equipment Supplier Association Legal Council – March 11, 2009

Presented Avoiding Litigation at Tech Town Business Incubator – November 16, 2010

Presented Preventing and Resolving Business Disputes at Tech Town Business Incubator – March 15, 2011

Presented Preventing and Resolving Business Disputes at Tech Town Business Incubator – August 10, 2011

Presented Preventing and Resolving Business Disputes at Tech Town Business Incubator – March 27, 2012

Professional Affiliations

State Bar of Michigan Professional Ethics Committee (2005-2011) (2012-present)
State Bar of Michigan Character and Fitness Committee (2010-present)
Detroit Metropolitan Bar Association Judicial Candidate Evaluation Committee (2002-present)
Detroit Metropolitan Bar Association Foundation, Board of Directors (2012-present)
American Bar Association
State Bar of Michigan
Federal Bar Association
Oakland County Bar Association
Detroit Metropolitan Bar Association

Civic and Community Organizations

Boys Hope Girls Hope of Michigan, Inc., Board of Directors (2012-present)
Royal Oak Zoning Board of Appeals, Member (2010-present)
Royal Oak Downtown Development Authority, Member (2005-2007), Chairperson (2007-2009)
Royal Oak Board of Rehabilitation Appeals, Member (2003-2008)
Royal Oak Solid Waste Advisory Board, Member (2004-2005)
St. Aloysius Parish Council, Member (2003-2005), President (2004-2005), Member (2013-present)
St. Aloysius Parish Finance Council, President (2012-present)
St. Aloysius/Our Lady of Good Counsel Bridging Program Task Force, Member (2006-2007)
St. Aloysius Stewardship Committee, Member (2003-2006) (2010-2012)
Wayne State University Law School Alumni Association, Board of Directors (2011-2012)