Daniel N. Sharkey




Location: Birmingham, Michigan
Phone: 248-971-1712
Fax: 248-971-1801
Email: sharkey@bwst-law.com


Dan Sharkey concentrates his practice in business contracts and litigation, with a special emphasis on supply-chain issues. He has tried more than 60 cases in U.S. District, Bankruptcy, Military, and State courts and in private arbitrations.

 

• 2009-current: Co-founder and member, 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


• “Top 10 Lawyers in Michigan,” Michigan Super Lawyers (2015) ; “Top 100 Lawyers in Michigan,” Michigan Super Lawyers (2012-14); “Super Lawyer,” Michigan Super Lawyers (2009-11); “Rising Star in Business Litigation,” Michigan Super Lawyers (2008)
• “Leading Individual Attorney, Commercial Litigation: Michigan,” Chambers USA (2010-current)
• “Top Lawyer,” dBusiness (2009-current)
• “The Best Lawyers in America” in Commercial Litigation (2010-current)
• Fellow, Litigation Counsel of America, Trial Lawyer Honor Society (2009-current)
• AV Peer-Review Rated, identifying very high to preeminent legal ability, LexisNexis Martindale-Hubbell (2009-current)
• Qualified as expert regarding Michigan contract law, Ontario Superior Court of Justice, American Axle & Mfg., Inc. v. Durable Release Coaters, Ltd. (2010)
• “Top 10 Speaker of the Decade, 1998-2008” by the Original Equipment Suppliers Association

 

Positions

 

• Chair, Automotive Supplier Litigation Subcommittee, State Bar of Michigan Business Law Section (2015-current)
• Legal Liaison to Original Equipment Suppliers Association’s CEO Council (2008-09), Communications Executives Council (2010-11), and Tooling Forum Council (2012- current)
• 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 Cornerstone Class XVII (2007-08)
• Former Chair, Young Lawyers’ Division, Courthouse Tours, Law Day, and Membership Committees, Federal Bar Association’s Eastern District of Michigan Chapter (2002- 2010)

 

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 and Seventh Circuits; Court of the Appeals for the Armed Forces
Member: Business Law Section, Commercial Litigation Committee; Catholic Lawyers’ Society; Incorporated Society of Irish-American Lawyers; Shamrock (Detroit Catholic Central High School Alumni) Bar Association; Federal Bar Association


Speaking Engagements

 

• “Product Recalls: Risk Management Challenges and Solutions from a Legal Perspective, Aon Automotive Supplier Risk Forum, Southfield, Michigan December 2016;
• “Tune up for 2018: Automotive Manufacturing Jam Session” Feintool System Parts Symposium, Nashville, Tennessee November 2016;
• “Managing Contracts for Fun and Profit,” Precision Metalforming Association, Cleveland, Ohio, October 2016;
• “Legal Strategies for Maximizing Leverage in Negotiations, Annual Supplier Pricing Survey – Original Equipment Suppliers Association, Troy, Michigan December 2015;
• “Alternative Dispute Resolution Provisions in Commercial Agreements: What’s Best for Your Client?” The Institute of Continuing Legal Education’s Michigan Business Law Institute, Grand Rapids, Michigan, September 2015
• “Best Contracting Practices for Manufacturers and Minefields to Avoid,” Industrial Fasteners Institute, Hilton Head, South Carolina, September 2015
• “Contracts and Terms and Conditions – a Primer for Accountants” – Michigan Institute for Certified Public Accountants, Troy, Michigan, August 2015
• “Supply Contracts and Negotiation: Legal 101, from the Buyer’s Perspective” – Original Equipment Suppliers Association, Troy, Michigan, July 2015
• “The 2015 Changes to the Federal Rules of Civil Procedure” – Federal Bar Association Eastern District of Michigan Webinar, Detroit, Michigan, February 2015
• “Cars and Contracts: What Suppliers Need to Know,” Precision Metalforming Association’s Canada Division, Toronto, Ontario, November 2014
• “Negotiating In Today’s New Reality: The Customers Strike Back,” Original Equipment Suppliers Association, Troy, Michigan, September 2014
• “Legal Update 2014: New GM and BMW Terms, New Chrysler Scrap Deal, and Warranty and Recall 101 for Suppliers,” PMA’s Annual Automotive Parts Suppliers Council Meeting, Novi, Michigan, May 2014
• “How Many Auto Mishaps Mandate A Recall?” Interview on National Public Radio, All Things Considered , Washington, D.C., March 2014
• “Automotive Warranty Claims and OEM Recalls,” Society of Automotive Analysts and Automotive Industry Action Group, Southfield, Michigan, March 2014
• “Biennial Legal Update for Manufacturers,” Industrial Fasteners Institute, Fort Lauderdale, Florida, February 2014
• “Key Legal Issues with Tooling: Payment, Audit, and Liens,” OESA, Novi, Michigan, October 2013
• “Litigating TROs and Preliminary Injunctions in Business Court,” National Judicial College / Michigan Judicial Institute, Dearborn, Michigan, October 2013
• “Contracts and T&C: What a Manufacturer’s Lawyer Wished Salespeople Knew and Practiced,” PMA, Cincinnati, Ohio, September 2013
• “Student Loan Litigation: a Primer,” Central States Bankruptcy Conference, Traverse City, Michigan, July 2013
• “Terms and Conditions - How Manufacturers Can Manage Their Contracts to Increase Profit and Decrease Risk” PMA, Indianapolis, Indiana, February 2013
• “Pleadings in the New Era of Plausibility,” Moderator of Panel with Hon. Avern Cohn and Hon. Robert Cleland, U.S. Courthouse, Detroit, Michigan, February 2013
• “Biennial Legal Update for Manufacturers,” IFI, Boston, Massachusetts, October 2012
• “Capacity Constraints: Is the Law the Supplier’s Friend?” OESA, 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, Dearborn, Michigan, May 2012
• “The Buyer’s Perspective on Supply Contracts and Negotiation: Know Your Customer’s Strategies Before You Make Your Next Deal,” PMA, 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
• “Legal Aspects of Supply Agreements for Procurement Professionals,” Advanced Purchasing Dynamics Succeeding in the New Competitive Landscape, Troy, Michigan, February 2012
• “Best Practices for Maximum Leverages in Pricing Negotiations,” OESA / IRN Ninth Pricing Survey Results, December 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 Metalforming Association’s 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 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

 

• “Suppliers’ Resolutions for Model Year 2015,” OESA News, September 2014 (http://www.oesa.org/Publications/OESA-News/September-2014/LEGAL-CORNER- Suppliers-Resolutions-for-Model-Y ear-2015.html);
• “Treble Damages and Other Dragons: Slaying the Sales Representative Commission Case,” 93 Michigan Bar Journal 8 (August 2014) , Co-Author http://www.michbar.org/journal/pdf/pdf4article2419.pdf
• “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) http://www.michbar.org/journal/pdf/pdf4article1450.pdf
• “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 contracts and disputes, ranging from Original Equipment Manufacturers versus Tier 1 suppliers to raw material suppliers versus lower tiers, 1999-current
• Obtained multi-million dollar judgment for Tier 2 solar power supplier against Tier 1 for wrongfully failing to pay based on Solyndra bankruptcy. A. Raymond Tinnerman v. TecStar Manufacturing Co., ___F.Supp.2d ___ 2013 WL 787367 (E.D. Wis. 2013) (named one of “The Top 8 Recent Federal Court Decisions” in 86 Wisconsin Lawyer 10 (December 2013) http://www.wisbar.org/newspublications/wisconsinlawyer/pages/article.aspx?...
• Obtained partial summary judgment for Tier 1 automotive supplier against Tier 2 supplier regarding requirements contract issues. BRC Rubber Plastics, Inc. v. Continental Carbon Co., 876 F.Supp.2d 1042 (N.D. Ind. 2012)
• Won defense judgments in trials regarding student loan dischargeability, Conner v. U.S. Department of Education et al, U.S. Bankruptcy Court for the Eastern District of Michigan, 2015; 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
• Obtained dismissal of shareholder derivative action for bank’s former President, Virginia M. Damon Trust v. N. Country Fin. Corp., 406 F.Supp.2d 796 (W.D. Mich. 2005)
• Obtained summary judgment for insurer based on insured’s misrepresentations in application. Fakhouri v. Banner Life Ins. Co., 157 F. Supp. 2d 751 (E.D. Mich. 2001)
• Prosecuted more than 20 felons to convictions as a Trial Counsel in the U.S. Army JAG Corps and Special Assistant U.S. Attorney, 1995-1999.

 

Personal

 

• Wife Patty and daughters Kathleen, Colleen, and Meghan

• Marian High School Dads’ Club, 2013-15
• President, Suburban Inter-Club Swimming Association (2011-2012)
• Treasurer, Parent-Teacher Guild, St. Hugo of the Hills School, Bloomfield Hills, Michigan (2008-2010) 
• Swim Team Co-Chair, Pine Lake Country Club, Orchard Lake, Michigan (2010-2011)
• Coach, Bloomfield Hills Youth Soccer League, 2004-2011; Marian High School Dads' Club, 2013-14
• Coach, St. Hugo of the Hills Basketball, 2011-12; Holy Name Basketball, 2015-16

 

Areas of Practice

 

• Business and Commercial Litigation
• Supply-Chain Contracts and Counseling