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Todd joined BSD&D in 1996, having practiced law in Chicago since 1990. He became a member of BSD&D in 1999. He has chaired the firm's Ethics Committee since January 2000. His practice covers a wide range of commercial and business litigation. Todd has tried jury and bench trials in complex contract, attorney disqualification, misappropriation of trade secrets, federal tax, commodities brokerage, advertising discrimination, and civil rights cases, usually involving multi-million dollar issues. He is an experienced litigator in federal, state, appellate, bankruptcy and probate courts. Todd has strong commercial litigation experience in actions involving business torts, complex contracts, non-competition agreements, telecommunications, antitrust, fraud, real estate, partnership, joint venture and shareholder disputes, legal malpractice, fiduciary duties, indemnification and successor liability.
Representative Cases
Successful affirmance of summary judgment in favor of client on contract formation and against adversary who attempted to renege on agreement settling copyright infringement claim. Remark, LLC v. Adell Broadcasting Corp., 2012 U.S. App. Lexis 25739 (6th Cir. 2012).
Successful affirmance of district court dismissal of case against clients. Complex case alleged fraud on the court against attorneys and witness. (2012 U.S. App. Lexis 4707, 6th Cir. 2012).
Qualified and testified as an expert witness in the Circuit Court of Oakland County, Michigan, on reasonableness of attorney fees in complex commercial litigation. Favorable result. (2012)
Trial in Circuit Court of Oakland County, Michigan, involving automotive supplier terminated by higher tier customer concerning supply of rubber seals. Favorable judgment for client. (2012).
Lengthy trial of complex legal malpractice and attorney conflict of interest case involving U.S. and Canadian law for one of Canada's largest law firms. Successful defense. Injunction denied. Centra, Inc., et al v. Estrin, et al, 639 F.Supp 2d 790 (ED Mich. 2009).
Federal tax trial and appeal against the United States concerning the depreciation of natural gas pipelines throughout the State of Michigan. Successful in obtaining tax refund for clients of approximately $9 million. Saginaw Bay Pipeline Co. v. United States, 338 F.3d 600 (6th Cir. 2003).
Real estate development, sale contract and fraud dispute concerning large condominium development. Successfully dismissed. Michigan Land Tech, Inc. v. Whispering Pines Golf Club, LLC, 2000 Mich. App. Lexis 312 (December 26, 2000).
Defense of wireless carrier in telecommunications reseller action. Successfully dismissed. City Wide Cellular, Inc. v. New Par, 2000 U.S. Dist. Lexis 5006 (WD Mich. 2000).
Appointed by federal court to represent prisoner in civil rights case through jury trial. Detroit Legal News, Article and letter, December 11, 2009 and November 11, 2009.
Pro bono legal assistance for Holocaust Survivors. Jewish Family Service of Metropolitan Detroit, Insider, Fall 2008.
Defense of numerous, complex high-stakes legal malpractice cases.
Numerous complicated contract and business tort cases involving diverse businesses, technologies and subject matters, including real estate, royalties, antitrust, automotive-related interests, trade secrets, non-compete agreements and other varied areas.
Education and Awards
Ohio State University College of Law (Juris Doctor 1990)
American Jurisprudence Award (1990) - International Moot Court
University of Detroit International Law Program, London, England (1989)
University of Michigan, 1986, B.A. in Organizational and Industrial Psychology
Certificates of Appreciation from the United States District Court, Eastern District of Michigan for pro bono contributions to that
Court in 2007, 2008 and 2009.
Jewish Leadership Award (2011), Birmingham-Bloomfield Chai Center
Listed in The Best Lawyers in America for Commercial Litigation (since 2012 Edition)
Publications and Presentations
Speaker, Beyond the Basics: Social Media 301 for Lawyers. Ethics, Etiquette & Practical Issues, Women Lawyers Association of Michigan, Detroit, Michigan (April 29, 2010).
Panelist, Legal Ethics and Professional Responsibility in an In House setting, Original Equipment Suppliers Association, Council Meeting, Plymouth, Michigan (June 24, 2008).
Faculty, Intellectual Property Litigation in State Court, 2008 Intellectual Property Law Section of the State Bar of Michigan, Spring Seminar (March 2008).
Speaker, Protecting Trade Secrets When Former Employees Work for Competitors in Michigan, and Overview of the Federal Economic Espionage Act, Oakland County Bar Association, in-house counsel meeting, Bloomfield Hills, Michigan (May 17, 2001).
Faculty, Using and Enforcing Intellectual Property Agreements, Non-Competition Agreements, and Other Restrictive Covenants to Secure Ownership of Corporate Assets, Lorman Education Services Seminar, Detroit, Michigan (October 11, 2000).
Faculty, Covenants Not to Compete in Michigan, Lorman Education Services Seminar, Detroit, Michigan (October 22, 1999).
To Litigate Or Not To Litigate These Are The Questions, State Bar of Michigan, Litigation Newsletter, page 17, Summer 1999.
State Bar of Michigan Intellectual Property Law Section, Litigation to Protect Trade Secrets When Former Employees Work for Competitors, prepared by Eugene Driker and Todd R. Mendel, March 23, 1998.
Get It Right, Get It Written. Write Makes Might as a Defense Against Lawsuit Alleging Fraud, Crain's Detroit Business, E-5, January 12, 1998.
10 Ways to Protect Key Business Information, Crain's Small Business, Vol. 5, No. 8, August 1997.
State Bar of Michigan
Member of State Bar District H Character and Fitness Committee (since 2011)
American Arbitration Association
Member of Commercial Panel of Neutral Arbitrators (since 2002)
Served as sole and/or panel arbitrator on many cases of varied subject matters, and have issued numerous standard and reasoned awards.
Case Evaluator
Circuit Court of Oakland County, Michigan
Circuit Court of Wayne County, Michigan
General Civil Case Mediator
40-hour training by the Institute of Continuing Legal Education, Ann Arbor, Michigan (October 2007).
Fellow of the Michigan State Bar Foundation (since 2002)
Fellow of the Oakland County Bar Foundation (since 2007)
Bar Admissions
State Bars of Michigan and Illinois; United States Supreme Court; United States Courts of Appeals for the Seventh and Sixth Circuits; United States District Courts for the Eastern and Western Districts of Michigan and Northern District of Illinois, and Trial Bar of the Northern District of Illinois.
Civic Organizations
Jewish Community Relations Council of Metropolitan Detroit
American Jewish Committee--Detroit Chapter
Race Relations & Diversity Task Force/Birmingham Bloomfield Area
University of Michigan Club of Greater Detroit
MELL Program, Team Leader, Detroit Metropolitan Bar Association, Substance Abuse Education Program in Detroit Public Schools (1997-2003)
Career Day Speaker--Detroit Public Schools (1998 - 2001)
Detroit Orientation Institute, Graduate
Leadership Detroit, Class XXV, Detroit Regional Chamber of Commerce, Graduate (2004)
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