Michigan Supreme Court Re-Appoints Lipson Neilson Partner C. Thomas Ludden to Committee on Model Civil Jury Instructions

Tom LuddenThe Michigan Supreme Court has re-appointed C. Thomas Ludden to a second consecutive three-year term on the Committee on Model Civil Jury Instructions.

The Committee is composed of attorneys and judges whose duty is to ensure that the Model Civil Jury Instructions are concise, understandable, conversational, unslanted, and not argumentative. The Committee has authority to amend or repeal existing instructions and, when appropriate, adopt new instructions, although the instructions do not have the force and effect of a court rule. This appointment will expire on December 31, 2021.

C. Thomas Ludden is the head of the appellate practice group at Lipson Neilson P.C. He regularly argues before the Sixth Circuit Court of Appeals and the Michigan Court of Appeals and has also appeared in the United States and Michigan Supreme Courts. He has been counsel of record in published decisions resolving issues related to due process, medical and legal malpractice, defamation, class action certification, judicial ethics, the priority of interests in real property, estate planning and the statute of limitations. Mr. Ludden also has extensive trial experience in federal district courts.

Founded in 1985, Lipson Neilson P.C. has offices in Bloomfield Hills (Michigan), Las Vegas and Reno (Nevada), and Phoenix (Arizona). The firm is widely known for its excellence in the professional liability lines, offering invaluable insight and experience to its clients across all industries. The firm represents clients across the USA and around the world. You can learn more about the firm at www.lipsonneilson.com.

Contact: C. Thomas Ludden
Phone: 248-593-5000
Email: TLudden@lipsonneilson.com

Accomplished Commercial Litigation and Corporate Law Attorney Sean M. Walsh Joins Lipson Neilson

Jeffrey Neilson, Managing Partner of the Lipson Neilson law firm, is proud to announce that attorney Sean M. Walsh has joined the firm as a Principal in its Bloomfield Hills, Michigan office. Previously with Smith & Brink, Mr. Walsh has focused his practice on resolving complex commercial business disputes for more than 20 years.

“We’re very excited that Sean has joined the firm. His experience will be a great addition to what we believe is already a very good team of corporate lawyers and litigators at the firm. He’s represented clients in courts around the country and has won an $11 million jury verdict in favor of his client in a U.S. District Court. I think his decision to move to Lipson Neilson is a good indication of our reputation and our work,” says Jeffrey Neilson.

Over the course of his career, Mr. Walsh has gained extensive experience in a broad array of substantive areas, including:

  • Representation of businesses, including broker-dealers, as well as their directors, officers, equity holders and employees in connection with alleged violations of state and federal securities laws, restrictive covenants, fiduciary duties and corporate governance issues.
  • Planning, negotiation and implementation of supply chain and customer relationships.
  • Intellectual property and executive employment disputes.
  • Disputes over commercial credit facilities and related workout, insolvency, liquidation and/or bankruptcy proceedings.
  • Representation of healthcare providers and hospitals in connection with practice management, professional credentialing, insurance, Medicare & Medicaid billing irregularities and corporate governance.
  • Disputes concerning the invention, ownership, licensing and use of intellectual property.
    Disputes concerning the alleged violation of restrictive covenants as well as executive employment disputes.

Mr. Walsh received his J.D. from the University of Toledo College of Law, and B.A. degrees in Biology, and Spanish, from Southern Methodist University in Dallas. He is fluent in Spanish.
About Lipson Neilson

Founded in 1985, the Lipson Neilson law firm has grown from three founding members to thirty-three attorneys located in three states. Since its formation, the firm has also expanded its practice areas from business, tax and litigation to a full range of practice areas which now also include international law, real estate, professional liability, probate litigation, family law and estate planning.

Sean M. Walsh
Email: SWalsh@lipsonneilson.com
Phone: 248-593-5000

Lipson Neilson Lawyers Named 2018 Michigan Super Lawyers

The firm is proud to announce that four lawyers have been named as Michigan Super Lawyers: Jeffrey T. Neilson, Phillip E. Seltzer, Sandra D. Glazier and Mary T. Schmitt Smith. Super Lawyers is a division of Thomson Reuters, a global leader in legal industry information and publications. The Michigan Super Lawyers list includes less than 5% of lawyers in the state.

Lipson Neilson 2018 Michigan Super Lawyers:

  • Jeffrey T. Neilson: Selected for his work in Estate & Trust Litigation, he is also recognized for his work in Family Law and Professional Liability. This is Jeffrey’s twelfth consecutive year on the Michigan Super Lawyers’ list.
  • Phillip E. Seltzer: Selected for his work in Professional Liability Defense Litigation, he is also recognized for his work in Business Tort Litigation. This is Phillip’s sixth consecutive year on the Michigan Super Lawyers’ list.
  • Sandra D. Glazier: Selected for her work in Estate and Trust Litigation, she is also recognized for her work in Family Law, Estate Planning and Probate. This is Sandra’s second consecutive year on the Michigan Super Lawyers’ list.
  • Mary T. Schmitt Smith: Selected for her work in Elder Law, she is also recognized for her work in Estate Planning and Probate, and Estate and Trust Litigation. This is Mary’s twelfth consecutive year on the Michigan Super Lawyers’ list.

Founded in 1985, Lipson Neilson has grown from three founding members to thirty-two attorneys located in three states. The firm offers a full range of practice areas including complex business tort litigation, professional liability defense, employment law and litigation, real estate, probate litigation, family law, estate planning, and trust and estate administration. Lipson Neilson attorneys represent and provide counsel to clients around the country, and around the world.

To learn more about the firm, please visit www.lipsonneilson.com or call (248) 593-5000.

Contact: Jeffrey T. Neilson
Phone: (248) 593-5000

Attorney Jonathan Wong Joins Lipson Neilson’s Las Vegas Office

Jonathan Wong web res (1)Attorney Jonathan Wong has joined Lipson Neilson’s Las Vegas office as an associate. Mr. Wong’s practice concentrates on Professional Liability, Director & Officer Liability, and General Liability.

He is admitted to practice law in Nevada and California and is fluent in Mandarin Chinese. Prior to joining Lipson Neilson, Mr. Wong worked as an associate attorney at a national insurance defense firm.

Mr. Wong earned a J.D. degree from the William S. Boyd School of Law at UNLV, and a B.S. degree in International Business from the University of Nevada – Reno. During law school, he worked as an intern for the in-house legal department at the Cosmopolitan of Las Vegas.

Following graduation from law school, Mr. Wong completed two judicial clerkships in the Eighth Judicial District Court for Clark County, Nevada – he first clerked for the late Honorable Susan Scann, and then for the Honorable Elizabeth Gonzalez.

Founded in 1985, Lipson Neilson, P.C. has offices in Las Vegas and Reno (NV), Phoenix (AZ) and Bloomfield Hills (MI). The firm is widely known for its excellence in the professional liability lines, offering invaluable insight and experience to its clients across all industries. The firm represents clients in Nevada, across the USA, and around the world.

Contact
Joseph Garin
Phone: 702-382-1500
Email: jgarin@lipsonneilson.com

Lipson Neilson Shareholder Sandra D. Glazier is the Only Attorney from Michigan Invited to Present at the Prestigious 44th Annual Notre Dame Tax and Estate Planning Institute

Sandra GlazierLipson Neilson Shareholder Sandra D. Glazier will present Ethical Considerations in Representing Vulnerable Adults and Fraud within the Family at the 44th Annual Notre Dame Tax and Estate Planning Institute. Stacked with top tax and estate planning speakers from across the country, this is the fourth consecutive year that Ms. Glazier has been invited to present at this prestigious national conference; she is the only attorney from Michigan on the Institute’s faculty.

Held in South Bend, Indiana, during October 10-12, 2018, this conference is unique because it covers topics not found in tax-focused estate planning programs such as the ethics attached to an estate planner’s duties and liabilities when implementing an estate plan, financial elder abuse, and reasonable compensation for trustees. This Institute brings together tax and estate planning experts from across the country.

An attorney for more than 35 years, Sandra D. Glazier is known for her expertise and successful track record in probate litigation, estate planning, trust and estate administration, and family law matters. The cases Ms. Glazier works on tend to be very complex and require technical as well as legal expertise. She has represented contestants and proponents of estate planning documents, as well as fiduciaries, in significant trust litigation proceedings.

An AV Preeminent® rated attorney, Ms. Glazier is recognized nationally for her accomplishments and expertise in estate planning and probate litigation and is routinely requested to speak at some of the leading legal industry conferences across the country. She has been selected as a “Michigan Super Lawyer” by Thomson Reuters, the world’s leading source of information for the legal industry and has been recognized as a “Top Lawyer” by DBusiness, in the areas of probate, estate and family law. Ms. Glazier has had numerous articles published by some of the legal industry’s leading publications. and has taught “Valuation for Federal, Estate and Gift Tax Purposes” in a Masters’ level course.

Contact: Sandra D. Glazier
Phone: 248-593-5000
Email: sglazier@lipsonneilson.com

Summary Dismissal Victory Achieved by Karen A. Smyth and C. Thomas Ludden in Defense of FDCPA Putative Class Action

Defendant’s Rooker-Feldman motion of a putative FDCPA class action was recently granted in favor of the Defendant-Debt Collection Law firm represented by Lipson Neilson. The Rooker-Feldman doctrine limits the jurisdiction of federal courts by restricting their power to adjudicate appeals from or collateral attacks on state-court judgments and final orders.

The Plaintiff sought to challenge state court orders by filing a FDCPA putative class action in federal court. Plaintiff alleged the amount of post-judgment interest owed and communicated to them by Defendants “exceeded the amount permitted by law.”

The Court agreed with the Defendant law firm that the pleading although artfully worded was appealing the writ of garnishment, the source of his alleged injury. The injuries arose from the execution of the writs, not the purported “false” statement in the writs, as Plaintiff never challenged the writs. The Court also found that the Rooker-Feldman doctrine made intuitive sense. Again, the Court agreed with the Defendant law firm that the Michigan Court Rules afforded the debtor/ Plaintiff the opportunity to challenge the writ as “otherwise invalid.” Mich. R. Ct. 3.101(K)(2)(f). Had the Plaintiff objected to the alleged improper interest being requested in the writ, the state district court is required to schedule a hearing. Mich. R. Ct. 3.101(K)(3). Thus, where parties, such as Plaintiff, are afforded an opportunity to challenge the amount of money that will be garnished, they should do so. “Parties should not sit on their hands, have the money garnished, and then sue in a different forum to recover the difference between the amount of interest collected and the amount owed, and also recover statutory damages, costs and fees for their attorneys.” Finding that it would either have to conclude the writs were invalid or otherwise erroneously issue, the Court applied Rooker-Feldman and dismissed the FDCPA lawsuit.

Sandra D. Glazier Presenting “Considerations and Ethical Responsibilities When Representing Vulnerable Adults” at Michigan State Bar Association’s Family Law Section Summer Conference

Sandra Glazier 2017 webpage photoSandra D. Glazier will present “Considerations and Ethical Responsibilities When Representing Vulnerable Adults” at the State Bar of Michigan Family Law Section’s Summer Conference on July 21, 2018 at the Boyne Mountain Resort in Boyne Falls, Michigan.

Family law is a very specialized area of law that is often state specific. In addition to staying current on the laws and how they are interpreted, family law attorneys must know their way around a courtroom, a referee’s office, the court rules, and case law. This conference will feature presentations by recognized family law practitioners providing state-of-the-law education and tips on family law issues.

An attorney for more than 35 years, Ms. Glazier is known for her expertise and successful track record in probate litigation, estate planning, trust and estate administration, and family law matters. The cases she works on tend to be very complex and require technical as well as legal expertise. An AV Preeminent® rated attorney, she has also been recognized by “Super Lawyers” in probate litigation and a “Top Lawyer” by DBusiness, in the areas of probate, estate and family law.

Ms. Glazier has had numerous articles nationally published by some of the legal industry’s leading publications. In addition, she has presented on estate planning and probate litigation related topics for the American Bar Association, Notre Dame Tax and Estate Planning Institute, Kansas City Estate Planning Symposium, Michigan’s Institute of Continuing Education, Oakland County Bar Association, Wayne County Probate Court appointed attorney training, Wilmington Trust’s New York Trust Symposium, Trust & Estates Magazine, and the Bloomberg BNA Estate and Gift Tax Advisory Board. She has presented on Family Law related topics for NBI, the OCBA, ICLE and the Michigan State Bar – Family Law Section.

Contact: Sandra D. Glazier
Phone: 248-593-5000
Email: sglazier@lipsonneilson.com

Dax Watson to Speak on the Impact of Real Estate Trends on Professional Liability Claims at 2018 National CLM Conference

Dax Watson compressedDax Watson, Managing Partner of the Phoenix office of the Lipson Neilson law firm, will co-present “As the Market Soars, So Do the Lawsuits: How Market Conditions Impact Real Estate Professional Liability Claims”, along with Regan Katz, Managing Director of Wortham Insurance and Risk Management, at the 2018 CLM (Claims and Litigation Management) Management and Professional Liability Conference on June 21, 2018 at the Boston Waterfront Hotel in Boston, MA.

This presentation will dive into the ramifications of America’s real estate market that is trending up and approaching pre-2008 levels. How does that impact real estate claims?

This session will focus on claims that arise out of investment-related transactions like fix-and-flip, buy-and-hold, and investment partnerships that ultimately lead to claims citing poor workmanship, undisclosed defects, and non-permitted work all passed on to the real estate professionals involved in the transaction.

The active real estate market also is leading to increased property management portfolios and VRBO type properties. This, too, leads to claims against the real estate professionals. Attendees will gain valuable insight into how hot real estate markets lead to increased claims and explore how standard insurance policies for real estate professionals respond to such claims.

Dax Watson is a cum laude graduate with a B.A. in History from Arizona State University, and a cum laude graduate from the Sandra Day O’Connor College of Law at Arizona State University. He focuses his practice in commercial litigation with an emphasis in real estate matters and professional liability defense. In his capacity as a defense attorney, Dax defends professionals in the fields of real estate, law, accounting, architecture, and engineering. He also defends officers, directors and employers in employment practice liability disputes.

Sandra D. Glazier on Panel That Will Discuss Legacy Planning in the Era of Tax Reform at Event Presented by the University of Michigan Office of Planned Giving and Wilmington Trust

Sandra GlazierLipson Neilson shareholder Sandra D. Glazier is on a panel of experts that will discuss “Building a Successful Legacy Plan in an Era of Tax Reform: Charitable Planning Opportunities Under the New Tax Laws” at a June 5, 2018 event presented by The University of Michigan Office of Planned Giving and the management and staff of Wilmington Trust. This event will be held at the Park Avenue offices of Wilmington Trust in New York City. Lipson Neilson is the only law firm represented on this panel.

An attorney for more than 34 years, Sandra D. Glazier is known for her expertise and successful track record in probate litigation, estate planning, trust and estate administration, and family law matters. The cases Ms. Glazier works on tend to be very complex and require technical as well as legal expertise. She has represented contestants and proponents of estate planning documents, as well as fiduciaries, in significant trust litigation proceedings.

An AV Preeminent® rated attorney, Ms. Glazier is recognized nationally for her accomplishments and expertise in estate planning and probate litigation and is routinely requested to speak at some of the leading legal industry conferences across the country. She has been selected as a “Michigan Super Lawyer” by Thomson Reuters, the world’s leading source of information for the legal industry and has been recognized as a “Top Lawyer” by DBusiness, in the areas of probate, estate and family law. Ms. Glazier has had numerous articles published by some of the legal industry’s leading publications. and has taught “Valuation for Federal, Estate and Gift Tax Purposes” in a Masters’ level course.

UofM Seminar June 2018

Jeffrey T. Neilson Honored for Service on Michigan’s Attorney Grievance Commission

Jeffrey NeilsonThe firm is pleased to announce that Jeffrey T. Neilson has been honored by the members of the State of Michigan Attorney Grievance Commission for his service as Secretary of the Commission from October 2011 to October 2017.

In honoring Mr. Neilson for his service, the Commission made specific mention of his exceptional, and meritorious service in preserving the highest standards of professional conduct for the protection of the public, the courts, and the legal profession.

One of the founders of the Lipson Neilson law firm, Mr. Neilson is known nationally for his expertise in business counseling, estate planning and domestic and family law liability. He has more than thirty years of experience in matters relating to probate administration and estate/retirement planning, corporate and business representation and succession planning, election law, accounting and legal malpractice, non-profit organizations, taxation issues including tax controversies, family law, and probate litigation. Mr. Neilson is licensed to practice law in Michigan, Nevada, and Colorado.

Founded in 1985, the Lipson Neilson law firm has grown from three founding members to thirty-three attorneys located in three states. Since its formation, the firm has also expanded its practice areas from business, tax and litigation to a full range of practice areas.

Lipson Neilson attorneys represent and provide counsel to clients throughout the country and around the world. To learn more about the firm please visit www.lipsonneilson.com.