Dan Sharkey concentrates his practice in business, contract, and supply-chain litigation. He has significant experience in construction, class actions, environmental, franchises and dealerships, insurance coverage, intellectual property, real estate, securities, creditors’ rights, student loan litigation, and sales representative matters. He has tried more than 60 cases in U.S. District, Bankruptcy, Military, and State courts.
- 2009-current: Co-founder, Brooks Wilkins Sharkey & Turco PLLC;
- 2004-2009: Shareholder, Butzel Long, PC;
- 1999-2003: Associate, Butzel Long, PC;
- 1995-1999: Captain, U.S. Army Judge Advocate General’s Corps, 3d Infantry Division (Mech.) - Trial Counsel and Special Assistant U.S. Attorney
Education
- Vanderbilt University School of Law (Juris Doctor, 1995)
- The University of Notre Dame (Bachelor Business Admin., cum laude, 1992)
Honors
- Ranked as “Leading Individual Attorney, Commercial Litigation: Michigan,” Chambers USA (2010-13)
- Qualified as expert regarding Michigan contract law, Ontario Superior Court of Justice, American Axle & Mfg., Inc. v. Durable Release Coaters, Ltd. (2010)
- “Top Lawyer,” dBusiness (2009-13)
- “Super Lawyer,” Michigan Super Lawyers (2009-13)
- “Rising Star in Business Litigation,” Michigan Super Lawyers (2008)
- Selected for “The Best Lawyers in America” in Commercial Litigation (2010-13)
- Elected Fellow, Litigation Counsel of America, Trial Lawyer Honor Society
(2009) - AV Peer-Review Rated, identifying very high to preeminent legal ability, LexisNexis Martindale-Hubbell (2009-13)
- Voted “Top 10 Speaker of the Decade” by the Original Equipment Suppliers Association (2008)
Positions
- Chair, Commercial Litigation Committee, State Bar of Michigan Business Law Section (2008-2012)
- Co-Chair, Rules and Civil Practice Committee, Federal Bar Association’s Eastern District of Michigan Chapter (2011-current)
- Class President, Leadership Oakland Class XVIII
- Former Chair, Young Lawyers’ Division, Courthouse Tours, Law Day, and Membership Committees, Federal Bar Association’s Eastern District of Michigan Chapter (2007)
Professional Associations
- Admitted: State Bar of Michigan; State Bar of Ohio; U.S. District Courts for the Eastern District of Michigan, Western District of Michigan, Northern District of Ohio, Southern District of Ohio, Eastern District of Wisconsin, Northern District of Indiana, and Southern District of Indiana; U.S. Court of Appeals for the Sixth Circuit; Court of the Appeals for the Armed Forces
- Member: Defense Research Institute, Commercial Litigation Committee; American Bar Association, Commercial Litigation Committee; Michigan Defense Trial Council; Catholic Lawyers’ Society; Incorporated Society of Irish-American Lawyers; Shamrock (Detroit Catholic Central High School Alumni) Bar Association; Federal Bar Association
Speaking Engagements
- "Terms and Conditions - How Manufacturers Can Manage Their Contracts to Increase Profit and Decrease Risk" Precision Metalforming Association, Indianapolis, Indiana, February 2013
- "Pleadings in the New Era of Plausibility," Moderator of Panel with Hon. Avery Cohn and Hon. Robert Cleland, Detroit, Michigan, February 2013
- “Capacity Constraints: Is the Law the Supplier’s Friend?” Original Equipment Suppliers Association, Troy, Michigan August 2012
- "Lawyers? Who Needs Lawyers? Administrative Alternatives to Litigation and Bankruptcy Discharge of Student Loan Debt,” 24th Annual FBA Bankruptcy Section Seminar, Thompsonville, Michigan July 2012
- “Synchronizing Your Suppliers and Customers on Key Issues: a Legal Perspective,” Advanced Purchased Dynamics Motor Vehicle Metals & Resins Conference, Dearborn, Michigan May 2012
- “Managing Capacity Constraints, Raw Materials, and Other Hot Issues in the Automotive Metals Supply Chain,” American Metal Markets, 5th Automotive Metals Conference, May 2012, Dearborn, Michigan
- “The Buyer’s Perspective on Supply Contracts and Negotiation: Know Your
Customer’s Strategies Before You Make Your Next Deal,” Precision Metal forming Association, 19th, Annual Automotive Parts Suppliers Council
Meeting April 2012 - Novi, Michigan - Legal Presentation, Precision Machined Products Association Management Update Conference, San Diego, California — February 2012
- “Best Practices for Maximum Leverage in Pricing Negotiations, Legal Aspects of Supply Agreements for Procurement Professionals,” Advanced Purchasing Dynamics Succeeding in the New Competitive Landscape, Troy, Michigan - February 2012
- OESA / IRN Ninth Pricing Survey Results — Dec. 7, 2011
- “From Contact to Contract: Mastering the Sales Process,” Original Equipment Suppliers Association, November 2011, Pontiac, Michigan
- “Keeping Up With Volume Surges - the New Normal,” World Steel Dynamics / American Metal Market Annual Conference, June 2011, New York City
- “Supply Contracting After the Great Recession: How Not to Repeat History” Precision Metal forming Association l8 Annual Supplier Council Meeting, May 2011, Novi, Michigan
- “Managing Contract Opportunity and Risks with Customers and Suppliers,” Aerospace Products Division, Industrial Fasteners Institute Annual Meeting, March 2011, Dana Point, California
- “GM’s ‘Ordinary Warranty Cost Allocation Terms’: Analysis, Experiences, and Strategies,” OESA, Legal Issues Council, February 2011, Auburn Hills, Michigan
- Automotive News Webinar on Contracting, January 2011, Detroit, Michigan
- “Balancing Risk and Return Supplying to the Automakers,” AMM 4th Annual Automotive Metals Forums, November 2010, Atlanta, Georgia
- “Increasing Profitability Through Proactive Contract Management,” Precision Machined Products Association Annual Meeting, October 2010, Palm Springs, California
- “Success Strategies for Manufacturing Supply Chains,” World Steel Dynamics / AMM Annual Conference, June 2010, New York City
- “After the Storm: Key Legal Issues for Suppliers in 2010,” PMA 17th Annual Supplier Council Meeting, May 2010, Novi, Michigan
- “Legal Implications and Negotiating Leverage,” IRN Bi-Annual Pricing Survey, December 2009, Novi, Michigan
- “Negotiating Price and Terms: Rethinking Conventional Wisdom,” OESA Executive Sales Management Training, October 2009, Troy, Michigan
- “Legal Survival Strategies,” WSD/ AMM Annual Conference, June 2009, New York City
- “Riding Out Chrysler, GM, and Other Storms,” PMA 16th Annual Supplier Council Meeting, May 2009, Novi, Michigan
- “Proactive Approaches to Contracting and Bankruptcy Issues,” American Society of Quality Meeting, March 2009, Troy, Michigan
- “Supply Contracts and Raw Material Cost Issues,” Industrial Fasteners Institute Annual Meeting, September 2008, Greensboro, Georgia “Increasing Profitability Through Proactive Contract Management,” PMA CFO Roundtable, August 2008, Cleveland, Ohio
- “The Raw Material Cost Crisis of 2008— Not Again! A Legal Perspective,” OESA Chief Purchasing Officers Council, July 2008, Troy, Michigan “Automotive Supply Contracts: an Overview, “IFI Automotive Division, May 2008, Birmingham, Michigan
- “Chrysler [and now GM] v. Plastech: Implications for Suppliers,” OESA Sales & Marketing Council, March 2008, Troy, Michigan
- “Successfully Negotiating Supply Contracts: a View from the Legal Trenches,” OESA, December 2007, Troy, Michigan
- “Playing Your Hand Well: Maximizing Value Through Commercial Contracts,” OESA Regional Meetings in Cincinnati, Ohio in December 2007 and Chicago, Illinois in May 2007
- “Protecting Your Investment In Commercial Contracts,” PMA Executive Quarterly Club, November 2007, Goshen, Connecticut
- “Raw Material Costs and the Law: Who Gets Stuck With the Tab?” 9th Annual Automotive Suppliers Symposium, Grand Rapids, Michigan March 2007
- Panelist, OESA Legal Issues Council, and November 2006
- “Increasing Raw Material Costs and Decreasing Vehicle Prices: What Gives? A Legal Perspective,” OESA General Meeting, June 2006, Troy, Michigan
- Panel Moderator, American Bar Association Annual Meeting, August 2003, San Francisco, California
Authored Works
- “Exclusivity and Requirements Contracts: Michigan’s Muddled Law, the Majority Rule of Other States, and their Impact on Automotive Suppliers,” 91 Michigan Bar Journal 3 (March 2012), Co-Author.
- “Lessons from the Supply-Chain Litigation Trenches,” 52 For The Defense 8 (August 2010), Co-Author.
- “Impact on Suppliers and Customers from Delta Engineered Plastics v. Autolign Mfg Group.” 24 Michigan Lawyers Weekly 626 (May 10, 2010)
- “The ‘Car Wars’ in Court: Steel, Plastics, Terms and Other Fronts in Automotive Supply Litigation,” 87 Michigan Bar Journal 12 (December 2008)
- “The Class Action Fairness Act of 2005: Sensible Reform or Orwellian Title?” 25 Michigan Business Law Journal 3 (Fall 2005)
- “Protective Orders: Safeguarding the Manufacturer’s Confidential Information,” Products Liability Advisory Council, Annual Seminar (March 2000), Co-Author.
Results
- Successfully negotiated and litigated hundreds of manufacturing supply chain disputes, ranging from Original Equipment Manufacturers versus Tier 1 suppliers to raw material suppliers versus lower tiers, 1999-current;
- Won defense judgments in trials regarding student loan dischargeability, Gibson v. Educational Credit Management Corp., U.S. Bankruptcy Court for the Western District of Michigan, 2010; Hart v. Educational Credit Management Corp., U.S. Bankruptcy Court for the Eastern District of Michigan, 2010
- Obtained injunction in case involving special-bar quality steel, American Axle & Manufacturing, Inc. v. Republic Engineered Products, Inc., Oakland County Circuit Court, 2009
- Won summary judgment in case seeking $40,000,000 in damages from asset-sale earn-out calculation, Old CA, Inc. v. Code Alarm, Inc., U.S. District Court for the Eastern District of Michigan, 2008
- Obtained “no cause” defense jury verdict in insurance coverage subrogation action arising from fire, St. Paul Travelers v. Sonic-Plymouth Cadillac, Inc., Wayne County Circuit Court, 2007
- Defeated putative nationwide class action certification in warranty and consumer protection act case, Drooger v. Carlisle Tire & Wheel Co., U.S. District Court for the Western District of Michigan, 2006
- Successfully defended the largest environmental civil cost recovery filed to date by Michigan Attorney General’s Office, State of Michigan v. ExxonMobil, Ingham County Circuit Court, 2005
- Won summary judgment in case arising from petroleum pipeline spill, luni v. Wolverine Pipeline Co., U.S. District Court for the Eastern District of Michigan, 2004
- Virginia M. Damon Trust v. N. Country Fin. Corp., Fed. Sec. L. Rep. (CCH) P92,805 (W.D. Mich. 2004)
- Fakhouri v. Banner Life Ins. Co., 157 F. Supp. 2d 751 (E.D. Mich. 2001)
Personal
- Wife Patty and daughters Kathleen, Colleen, and Meghan
- Treasurer, Parent-Teacher Guild, St. Hugo of the Hills School, Bloomfield Hills, Michigan (2008-2010)
- President, Suburban Inter-Club Swimming Association (2011-2012)
- Swim Team Co-Chair, Pine Lake Country Club, Orchard Lake, Michigan (2009-2010)
- Coach, Bloomfield Hills Youth Soccer League, 2004-2011
- Coach, St. Hugo of the Hills Basketball, 2011-12
