Dykema’s Bloomfield Hills Office Adds IP Attorney Thomas T. Moga

Dykema, a leading national law firm, announced today the addition of Thomas T. Moga to its Intellectual Property & IP Litigation Department and Automotive Industry Group as a Senior Counsel in the firm’s Bloomfield Hills office. Moga joins Dykema from the Dearborn, Mich., office of LeClairRyan.

Moga has more than 30 years of experience in domestic and international intellectual property portfolio development and enforcement. He is an experienced patent prosecutor in various fields, including the mechanical, chemical, biochemical, and pharmaceutical arts. Moga has also been qualified and testified as an expert witness in patent disputes.

As an IP portfolio developer, Moga’s experience includes the development of domestic and foreign patent portfolios, the acquisition of registrations for trademarks and copyrights, licensing, and policy development. Within the discipline of IP rights enforcement, he manages patent enforcement and anti-counterfeiting actions in Asia, including overseeing initial counterfeit product investigation, selecting and working with local investigators, selecting and working with local counsel, preparing administrative and judicial documents, and participating in raids.

Moga is also a pioneer in protecting and enforcing intellectual property rights in China and has represented foreign companies in China since the 1980s. He was a Fulbright Scholar in China, where he taught patent law at Jilin University and acted as a foreign advisor to China’s patent office.

In 2018, Moga was appointed by the U.S. Department of Commerce and the Office of the U.S. Trade Representative to serve on the Industry Trade Advisory Committee on Intellectual Property Rights (ITAC 13). As the only representative on the committee for the U.S. automotive industry, Moga’s contributions include analyzing national trade positions and providing advice on a broad array of trade issues as they relate to IP for both The White House (by way of the Office of the U.S. Trade Representative) and the Department of Commerce in pursuit of trade agreements that benefit U.S. businesses, workers and the economy.

“Tom’s reputation certainly precedes him,” said Dan Harkins, Director of Dykema’s Intellectual Property and IP Litigation Department. “His vast knowledge for handling IP matters both domestically and overseas, especially as it relates to his experience working in the Automotive Industry, is going to be a great benefit to Dykema and our clients. We’re extremely excited to add Tom to our talented lineup of practitioners.”

Moga received a J.D. from the St. Louis University School of Law. He also earned an M.A. in English Language & Literature as well as a B.A. in both English Language & Literature and Political Studies (with a China concentration) from the University of Michigan. Moga also received a B.S. in Biochemistry, cum laude, from Madonna University.

Dykema and the Detroit Urban Debate League Team Up to Host Season Opening Tournament

On September 18, 2019, Dykema’s Detroit office hosted the Detroit Urban Debate League (“D-UDL”) for a tournament to kick off its 2019-2020 season. The topic for debate was, “Resolved: The United States federal government should substantially reduce Direct Commercial Sales and/or Foreign Military Sales of arms from the United States.”

The D-UDL is a Detroit-based non-profit that provides opportunities for Detroit-area high school students to prepare for and compete in policy debate tournaments. The Dykema Tournament is an effort to strengthen relationships between lawyers and students of the D-UDL. Dykema attorneys Lew Loss and Boyd White took time to address participants of the event. Loss, who serves as counsel to the Commission on Presidential Debates (“CPD”), discussed the importance of debate to our American democracy and the role of the CPD. White, a Detroit Public Schools alumnus, discussed the value of extra-curricular activities and planning for success by believing in your potential. At the conclusion of the event, Loss also presented each student with a special memento in recognition of their achievements with the D-UDL.

Through the efforts of Dykema attorney, Michael P. Fannon, and Detroit Urban Debate League Director, John Lawson, Dykema and the D-UDL partnered for the event in order to celebrate the outstanding work and dedication to debate each student has demonstrated. The D-UDL students spent an average of 10-20 hours each week studying argumentation, critical thinking, and oratory skills. The students also conducted research related to the domestic and foreign policy of U.S.

Recently, Supreme Court Justice, Elena Kagan, along with prominent legal scholars Erwin Chemerinsky and Laurence Tribe, joined more than 40 law school deans and professors from top schools in a Statement of Support endorsing the connection between urban debate and racial and economic diversity in the legal profession.

There is also a correlation between academic success and involvement in the D-UDL. Students who have participated in the D-UDL have shown to be 70 percent more likely to graduate high school, and are twice as likely to score at or above the college-readiness level on the English portion of the ACT. D-UDL participants also feature a 100 percent high school graduation rate since 2009.

J. Michael Bernard Elected as Chairman of the World Services Group

Dykema, a leading national law firm, is proud to announce that J. Michael Bernard, Detroit-based Member in the firm’s Corporate Finance Practice Group, was elected as Chairman of the World Services Group (WSG) for 2019 – 2020. Bernard officially took over the Chairman position at the WSG 18th Annual Meeting, which took place in Washington, D.C., from September 4-6.

WSG is the globally recognized resource for professionals and their clients to receive the highest quality, value and service from legal, investment banking and accounting services, with coverage in more than 130 jurisdictions. WSG provides members the ability to create new business opportunities and relationships to better serve their clients. Through innovative access and technology, WSG offers members and clients immediate access to prospects, information and leading specialists with a known record of superior quality service. For additional information about WSG, click here.

“Through the hard work of Franco Gianni, Chairman Emeritus, prior Board members, prior members of the Regional Councils and all of our member firms, WSG is situated today as a very strong and vibrant organization, with more than 120 member firms comprising over 19,000 professionals,” said Bernard. “I am honored to serve as Chairman of WSG, and I look forward to continuing to add value to WSG and its prestigious Membership.” To read about Bernard’s objectives as Chairman of WSG, please click here.

In his law practice, Bernard focuses primarily on business counseling and planning, with an emphasis on mergers and acquisitions (representing both buyers and sellers); capital raising transactions (including private placement, private equity and seed and venture financings); corporate formation matters (including shareholder control and buy-sell arrangements); corporate governance (for-profit and nonprofit entities); and executive employment agreements and related matters. He has experience in a variety of industries, including automotive, manufacturing, service and technology.

Bernard has held various other leadership positions throughout his career. He is a former member of Dykema’s Executive Board, as well as a former leader of the firm’s Corporate Finance Practice Group. He is also a member of the Detroit Regional Chamber’s Executive Committee and its Board of Directors. Bernard is also a member of the Detroit Athletic Club’s Board of Directors and Chair of its Community Outreach Committee.

Bernard has been named by Chambers USA as a Leading Corporate/M&A Lawyer each year since 2005 and was named Detroit Lawyer of the Year for Mergers and Acquisitions Law by The Best Lawyers in America® in 2014, 2017, and 2019. He earned a J.D. from the University of Cincinnati and a B.B.A. from the University of Notre Dame.

Sean C. Griffin Elected to Federation of Defense and Corporate Counsel Board of Directors

Detroit – August 6, 2019 — Dykema, a leading national law firm, is proud to announce that Sean C. Griffin, a Member in Dykema’s Washington, D.C., office, was named to the Federation of Defense and Corporate Counsel’s (FDCC) Board of Directors. The FDCC named Griffin as a director on August 3 during its annual meeting.
The FDCC is composed of recognized leaders in the legal community who have achieved professional distinction, and are dedicated to promoting knowledge, fellowship, and professionalism of its members as they pursue the course of a balanced justice system and represent those in need of a defense in civil lawsuits.
Griffin focuses his practice on commercial litigation and specializes in cases involving allegations of breach of contract or fraud. His experience includes litigating cases in federal and state courts and arbitration panels around the country. Griffin also responds to subpoenas investigating violations of federal or state laws, including the False Claims Act, the U.S. Foreign Corrupt Practices Act (FCPA), and securities laws. Additionally, he assists clients with data security and responding to data breaches and is an IAPP Certified Information Privacy Professional (CIPP/US).
After graduating from Columbia University School of Law, Sean clerked for the U.S. District Court for the District of Maryland. After his clerkship, he worked as a trial attorney at the U.S. Department of Justice, Civil Division, where he handled commercial litigation trials and appeals as well as government contract and construction litigation.
About Dykema
Dykema serves business entities worldwide on a wide range of complex legal issues. Dykema lawyers and other professionals in 13 U.S. offices work in close partnership with clients – from start-ups to Fortune 100 companies – to deliver outstanding results, unparalleled service and exceptional value in every engagement.

Eric S. Klein Appointed to Lead Dykema’s Health Care Practice Group

Eric S. Klein Appointed to Lead Dykema’s Health Care Practice Group

Detroit – June 3, 2019 — Dykema, a leading national law firm, today announced that Eric S. Klein, a member in the firm’s Bloomfield Hills office, has been appointed as Leader of Dykema’s Health Care Practice Group.

Throughout his career, Klein has devoted his practice to representing clients in the health care sector with respect to corporate and regulatory issues, including hospitals, physician groups, ambulatory surgery centers, dental service organizations, medical billing companies, and managed care organizations. In particular, he has provided counsel to clients on compliance and reimbursement issues as well as health facility and physician practice acquisitions and other changes of ownership, including related licensure and Medicare/Medicaid certification matters. Klein has also advised clients regarding governmental investigations, compliance programs, and structuring businesses and transactions while addressing anti-kickback, Stark and other legal restrictions.

Prior to joining Dykema, Klein gained experience working for Health Net, Inc., a health insurance company, where he developed financial models to analyze hospital, physician group, and ancillary contracts.

Klein received a J.D., with honors, from George Washington University and a B.A., magna cum laude, from Yale University.

About Dykema

Dykema serves business entities worldwide on a wide range of complex legal issues. Dykema lawyers and other professionals in 13 U.S. offices work in close partnership with clients – from start-ups to Fortune 100 companies – to deliver outstanding results, unparalleled service and exceptional value in every engagement.


Michigan Governor Gretchen Whitmer Reappoints Kyle R. Dufrane to the Michigan Military Appeals Tribunal

Michigan Governor Gretchen Whitmer Reappoints Kyle R. Dufrane to the Michigan Military Appeals Tribunal

Detroit – April 30, 2019 — Dykema, a leading national law firm, announced today that Kyle R. Dufrane, Detroit-based member in the Firm’s Financial Services Litigation Practice Group, has been reappointed by Michigan Governor Gretchen Whitmer to the State’s Military Appeals Tribunal for a term that expires in April 2023. Dufrane has now been appointed by Governors from both major political parties, with his first appointment to the Tribunal coming from Governor Rick Snyder in 2011.

The Military Appeals Tribunal was created by Act 523 of the Public Acts of 1980. It consists of five members and has appellate jurisdiction, upon petition of an accused, to hear and review the record in all decisions of a court-martial after the review provided in the Michigan code of military justice. It sits as a panel of three members with the concurrence of two members necessary for a decision. The tribunal also may promulgate administrative rules.

Dufrane’s law practice focuses on litigating consumer financial services disputes for national financial institutions, pharmaceutical and medical device defense, automotive product liability defense, toxic tort, complex commercial litigation, and insurance litigation. He represents some of the nation’s largest financial institutions in matters concerning mortgage and consumer lending.

Dufrane also maintains an active role in several professional and legal organizations. In addition to the Military Appeals Tribunal, he was also previously appointed to serve as a Hearing Panelist for Michigan’s Attorney Discipline Board, and continues to serve the State Bar of Michigan in this position.
Dufrane earned a J.D., magna cum laude, from the University of Detroit and a A.B. from the University of Michigan.

About Dykema

Dykema serves business entities worldwide on a wide range of complex legal issues. Dykema lawyers and other professionals in 13 U.S. offices work in close partnership with clients – from start-ups to Fortune 100 companies – to deliver outstanding results, unparalleled service and exceptional value in every engagement.

Dykema Named a Diversity & Inclusion Leader by Lawyers of Color

Dykema, a leading national law firm, announced that Lawyers of Color named the Firm one if it’s Diversity & Inclusion (D&I) Leaders. As published in the Black Student’s Guide to Law Schools & Firms, Dykema is ranked 38th amongst large law firms with 4.85 percent black attorneys.

According to Lawyers of Color, the D&I Leader designation is presented to law firms with a black attorney percentage of 3.8 percent or more based on data collected in the Black Student’s Guide to Law Schools & Firms, the first ever comprehensive listing of black attorney percentages at nearly 400 law firms, including the nation’s largest firms.

About Lawyers of Color

Lawyers of Color is a 501(c)(3) devoted to promoting diversity in the legal profession and advancing democracy and equality in marginalized communities. It conducts and commissions research and studies regarding the intersection of the legal profession and social justice. It also creates and curates articles, blogs, studies, and videos. Its global online community advocates for the well-being of marginalized communities. It mobilizes to eradicate injustice. It gives change agents a vehicle to respond quickly and forcefully to oppressive and damaging policies and systems. It motivates business, political, and community leaders to effect change and advance equality.

About Dykema

Dykema serves business entities worldwide on a wide range of complex legal issues. Dykema lawyers and other professionals in 13 U.S. offices work in close partnership with clients – from start-ups to Fortune 100 companies – to deliver outstanding results, unparalleled service and exceptional value in every engagement.

Chambers USA Ranks 17 Dykema Attorneys and 10 Practices in 2019 Edition

Dykema, a leading national law firm, announced that 17 attorneys from multiple offices and practice areas received individual rankings and 10 practice areas have been recognized in the 2019 edition of Chambers USA: America’s Leading Lawyers for Business guide.

Published annually, Chambers has been ranking the best law firms and lawyers since 1990, and now cover 185 jurisdictions throughout the world. Chambers ranks both lawyers and law firms based on the investigations of more than 200 researchers who conduct in-depth confidential interviews with lawyers and clients.

Chambers USA recognized the following Dykema practices:

USA – Nationwide
• Product Liability & Mass Torts
District of Columbia
• Insurance: Insurer
• Real Estate
• Banking & Finance
• Corporate/M&A
• Employee Benefits & Executive Compensation
• Labor & Employment
• Litigation: General Commercial
• Real Estate
• Bankruptcy/Restructuring

Chambers USA recognized the following Dykema attorneys, as identified by jurisdiction and practice area:
USA – Nationwide
• Lance Boldrey—Native American Law
District of Columbia
• Lewis K. Loss—Insurance: Insurer
• Thomas J. Judge— Insurance: Insurer
• Michael S. Kurtzon—Real Estate
• J. Michael Bernard—Corporate/M&A
• Robert A. Boonin—Labor & Employment
• Amy M. Christen—Employee Benefits & Executive Compensation
• Adam M. Fishkind—Real Estate
• James P. Feeney—Litigation: General Commercial
• Dennis M. Haffey—Litigation: General Commercial
• Kyle R. Hauberg—Real Estate
• Margaret Adams Hunter—Employee Benefits & Executive Compensation
• Jin-Kyu Koh—Corporate/M&A
• Cameron H. Piggott—Real Estate
• Thomas S. Vaughn—Corporate/M&A
• Mark E. Andrews—Bankruptcy/Restructuring
• Deborah D. Williamson—Bankruptcy/Restructuring

Dykema Matter Wins Global Competition Review Litigation of the Year

Dykema, a leading national law firm, today announced that a case the Firm was involved in was named the winner of the Litigation of the Year – Cartel Defence at the Global Competition Review’s 9th annual GCR Awards. The award recognizes the decision from the Eastern District of Michigan denying class certification in Automotive Parts Antitrust Litigation in which Dykema served as Counsel to AB SKF, a leading Swedish-based bearings technology provider.

Dykema attorneys involved in the matter include Howard Iwrey, Cale Johnson, Cody Rockey and Brian Moore. The award-winning decision by the Court was the first certification ruling in long-running multidistrict litigation (MDL) involving 44 separate lead cases alleging price-fixing and bid-rigging against dozens of Tier 1 suppliers of 44 separate parts.

In its ruling, the Court ruled first that the direct purchase plaintiffs (aftermarket distributors of bearings impacted by one type of alleged conspiracy) failed to demonstrate that their claims were typical of other putative class members (which included OEMs allegedly impacted by other types of conspiracies) or that they could adequately represent the interest of all putative class members.

The Court also ruled that the plaintiffs failed to satisfy the Rule 23(b) predominance requirement (that questions of law or fact common to class members predominate over any questions affecting only individual members). The Court (following the Supreme Court’s decision in Comcast Corp. v. Behrend) reasoned that the plaintiffs failed to isolate the effects of a given conspiratorial effort upon all or a significant portion of the proposed class, rejecting experts’ regression analyses and testimony about the overall nature and characteristics of the market for bearings.

GCR editors selected the finalists in each category, and readers voted on the winners. The awards were presented at a ceremony on March 26 in Washington, D.C.

About Dykema

Dykema serves business entities worldwide on a wide range of complex legal issues. Dykema lawyers and other professionals in 13 U.S. offices work in close partnership with clients – from start-ups to Fortune 100 companies – to deliver outstanding results, unparalleled service and exceptional value in every engagement.

Dykema and Loss, Judge & Ward Announce Combination

Dykema, a leading national law firm, and Loss, Judge & Ward, LLP, a Chambers-ranked Washington, D.C., firm, today announced their strategic combination. The combination takes effect on January 1, 2019, and will double each firm’s Washington, D.C., presence. The depth and experience of Loss, Judge & Ward’s nationally-recognized complex commercial insurance practice complements and strengthens Dykema’s existing Insurance Industry Group. Dykema’s expansive practice capabilities and national platform will enhance the range of services available for current Loss, Judge & Ward clients.

“The combination of Dykema and Loss, Judge & Ward provides us a compelling opportunity to further grow the firm’s Washington, D.C., presence and enhance the offerings of our Insurance Industry Group by adding more extremely talented and successful practitioners in that space,” said Peter Kellett, Chairman and CEO of Dykema. “Our two firms share similar values, work ethics and collaborative cultures. Between our shared client service focus and highly-credentialed teams, the partnership makes sense for our businesses and for the sophisticated clients we each serve.”

“Joining Dykema will give us a national platform for our national practice, which will allow us to better serve our clients,” said Lewis K. Loss, Managing Partner of Loss Judge & Ward. “Because the firm’s center of gravity is not on the high-cost East or West Coasts, we will be able to maintain a rate structure that works well for our clients. Most importantly, Dykema shares our commitment to excellence and the highest ideals of our profession. We could not be more pleased.”

For more than a century, Dykema has served business entities worldwide—as well as public bodies and nonprofit organizations—on a broad range of complex legal issues. With this combination, Dykema will have more than 400 professionals with offices in California, Illinois, Michigan, Minnesota, Texas and Washington, D.C.

Dykema’s Washington, D.C., office was founded in 1978 and initially focused on government relations work, but has since grown to include an IP practice focused on trademark work, a litigation team focused on product liability, class actions, and commercial matters, a product safety and regulatory practice, and capabilities in business services focusing on SEC-related issues.

The move announced today comes three years after Dykema’s 2015 combination with the Texas-based Cox Smith firm. Dykema has a proven history of successful law firm integrations thanks to its emphasis on partnering with those that match its collaborative and collegial culture, its values, and its focus on delivering outstanding client service. In addition to its 2015 combination with Cox Smith, Dykema’s other successful integrations include a 2004 merger with Rooks Pitts (Chicago) and its 2008 addition of Schwartz Cooper (Chicago).

Loss, Judge & Ward’s well-known commercial insurance litigation and counseling practice offers decades of experience and knowledge in matters of bad faith, general liability and virtually every type of professional liability including, directors and officers, lawyers, accountants, bankers, business and computer consultants, architects and engineers, real estate agents, insurers, insurance agents, title agents, health care organizations, health professionals and many more. The firm also enjoys a substantial practice representing risk retention groups and is frequently called upon by insurers in connection with claims under specialized cyber and many other types of policies.

In addition to its commercial practice, Loss, Judge & Ward has served for many years as general counsel to the Commission on Presidential Debates, the nation’s preeminent sponsor of televised general election presidential debates.