Bert Donovan is a trial lawyer and counselor who specializes in complex commercial litigation, product liability, automotive safety, and regulatory compliance. He has a special emphasis and deep expertise in automotive safety, contracting and supply chain counseling, and is a warranty and recall expert. He has successfully represented and counseled clients in hundreds of automotive supply chain disputes, and regularly advises many of the world’s leading automotive suppliers regarding contracting and supply chain risks and corresponding “best practices.” Mr. Donovan has been identified as a dBusiness Top Lawyer, and a Michigan Super Lawyer, and is listed in “The Best Lawyers in America,” in Product Liability, Business and Commercial Litigation, and Personal Injury Litigation, respectively. He is a graduate of Notre Dame Law School (J.D., 1991).
Before joining Brooks Wilkins Sharkey & Turco, he was a shareholder at Butzel Long and co-chair of that firm’s Global Automotive Practice.
Recent Experience Includes:
- Regional counsel for leading tire manufacturers in catastrophic personal injury cases
- Lead supplier counsel on several "bet-the-company" OEM/Tier I warranty, recall and program termination disputes with demands up to several hundred million dollars
- Representation and counseling of suppliers in hundreds of automotive supply chain disputes including stop shipments and TROs
- National representation of major Tier One automotive chassis component manufacturers in defense of ABS product liability litigation
- Long time counsel to the Original Equipment Supplier Association's Chief Purchasing Officers' Council
- Advising Tier I suppliers and start-up electric vehicle and commercial heavy-duty vehicle manufacturers on FMVSS and NHTSA regulations, reporting and certification obligations and options
- Supply chain contracting and gap analysis for the purpose of identifying and implementing best practices to mitigate and allocate risk through revised contracts and pro-active supply chain strategies
Education:
- Notre Dame Law School (J.D., 1991)
- Concannon Programme of International Law in London, England (1990)
- James Madison College at Michigan State University (B.A., 1987)
Professional Associations:
- “The Best Lawyers in America,” (2010-2013)
- “Super Lawyer,” Michigan Super Lawyers - Business and Commercial Litigation (2008-2013)
- “Top Lawyer,” dBusiness (2011-2012)
- Admitted, State Bars of Michigan and California
- Member, Oakland County Bar Association
Speaking Engagements/Authored Works:
- "2012 OEM Warranty: Real Stories, Winning Solutions and Best Practices," Original Equipment Suppliers Association (OESA)
- Managing editor of the OESA N.A. OEM Production P.O. Terms and Conditions Comparative Analysis (2009 and 2010 editions) and contributing author of the “Warranty, Recall, Product Liability and Indemnity” sections.
- “Recalls and Emerging Regulation: Backlash, Risks and Responses from the Industry’s Perspective,” KPMG Legal Share Forum
- “OEM Warranty Programs: Trends, Troubles and Tactics,” OESA
- “The Motor Vehicle Safety Act of 2010: Issues, Risks and Responses from the Suppliers Perspective,” OESA Legal Issues Council
- “Adequate Assurances and Payment Terms: Facts and Myths,” OESA
- “Lessons Learned and Key Concepts to Consider in the Selling Process,” OESA Legal Issues Council
- “From the Supplier’s Perspective: Preparing for Warranty, Recall and Product Liability Litigation”
