Patrick Lannen, Commercial Litigation, Commercial Litigation Attorney, Bloomfield Hills: business law and litigation defense services

Bio

Co-leader of Plunkett Cooney’s Commercial Litigation Practice Group and a member of the firm’s Banking, Bankruptcy & Creditors’ Rights Practice Group, Patrick Lannen has been integral to the growth and success of the firm’s high stakes and bet-the-company commercial practice.

Mr. Lannen is widely recognized for his success in all aspects of banking, bankruptcy and commercial litigation. He has particular expertise involving UCC Articles 2 and 9, and real estate cross-border contract disputes. While he has extensive experience in every facet of litigation in state and, particularly, federal courts, Mr. Lannen has substantial experience representing commercial banks, funds and special servicers in receiverships, enforcements, debt sales and restructure.

In addition, he has considerable experience drafting origination documents for multi-loan facilities and syndicated transactions. For example, Mr. Lannen has led or participated in dozens of mortgage loan originations for properties involving mines, wetlands, multifamily, manufacturing and retail assets throughout Michigan, Ohio, Indiana, Canada, Florida, New York, and Wyoming with transaction values exceeding $3 billion.

Mr. Lannen has taken more than 120 cases to completion in federal court with more than 80 summary judgment grants. In 2022 alone, he tried four cases to verdict, over more than 28 days of trial in state and federal court, with more than $50 million or greater in exposure. He has had significant success defending class actions, having obtained multiple dismissals of putative representatives’ claims and denials of certification.

Mr. Lannen has particularized expertise in international contract disputes and finance restructures. In one such matter, he led a team that obtained a multimillion-dollar judgment against a global manufacturing automotive corporation arising from a complex debt restructuring.

Having taken and defended hundreds of fact and expert depositions, successfully argued numerous motions, and having tried cases, Mr. Lannen represents Fortune 500 companies, as well as individuals throughout the country. He prepares to take matters to verdict in an era when approximately 95% of cases settle.

While he is known to be a fierce litigator, Mr. Lannen also helps clients anticipate large-scale litigation risks before they happen to prevent wide scale litigation. In one case, he oversaw the use of arbitration agreements for thousands of employees for a national pizza chain that resulted in hundreds of dismissals of individual wage-and-hour claimants. Mr. Lannen obtained summary judgment on the issue of the interplay between the Federal Arbitration Act and the Fair Labor Standards Act, even on the collective action level, a milestone decision cited by the Harvard Law Review.

A member of the firm's Board of Directors, Mr. Lannen regularly writes and speaks on class action and finance litigation topics.

Representative Client Work

Taieb v. Pharmaco, Inc. Oakland County, Michigan Case No. 20-181736-CB (first chaired a seven-day jury trial in April 2022 to a no cause of action for Canadian publicly traded cannabis operator against claims of breach of contract, economic duress, promissory estoppel and battery)
Nichiow v. Sotorion, Corporation. Oakland County, Michigan Case No. 18-166917-CB (first chaired a two-day jury trial in May 2022 to a no cause of action for robotics corporation against claim of breach of contract for failure to pay commissions)
Polymark Holdings Limited v. Therma Seal, Inc., Oakland County, Michigan Case No. 20-184485-CB (first chaired a three-day bench trial in August 2022 to judgment for the plaintiff, a British trade lender, and also represented affiliate as a third-party defendant, also a British trade vendor, obtaining full damages requested, dismissal of third-party complaint and attorneys’ fees)
Research Park-Detroit Limited Dividend Housing Association v. Bel-American Property, LLC et al, Wayne County, Michigan, Case No. 19-008451-CB (prevailed for defendant that purchased 2.2 acres of land in City of Detroit in quiet title action against claims by LIHTC property owner following tax sale without notice and in violation of written PILOT agreement with City of Detroit)
PNC Bank, Nat'l Ass'n v. Legal Advocacy, P.C., 2019 WL 4746810 (E.D. Mich. Sept. 30, 2019) (obtained $2.1 million judgment in issue of first impression in U.S. Court of Appeals for the Sixth Circuit regarding accrual and restarting of limitations period on an instrument, where breach occurred more than six years prior to filing suit), affirmed on appeal, PNC Bank, Nat'l Ass'n v. Legal Advoc., P.C., 841 F. App'x 755, 756 (6th Cir. 2020), and collected entire balance plus legal fees, including dismissal of two Chapter 11 cases in California and Michigan and obtained appointment of a receiver over operating law firm debtor and all assets of guarantor, see 2022 WL 4096866 (E.D. Mich. Sept. 7, 2022) and 2022 WL 10447611 (E.D. Mich. Oct. 18, 2022)
Valley Farms Supply, LLC v. Mitchell Lewis & Staver Co., Montcalm County, Michigan, Case No. 19-K-25572-CB (successfully defended trade secret claims, including in forensic review for national water and well supply distributor, in 2020, and ongoing successful prosecution of counterclaim under the Stored Communications Act, 18 U.S.C. § 2701 for illegal email access (W.D. Mich. Case No. 1:21-CV-00555)
Hogan et al, v. Wayne County et al, Wayne County, Michigan Case No. 20-016367-CZ (obtained summary judgment and denial of class certification for Wayne County under Michigan Prison Litigation Reform Act, Mich. Comp. Laws § 600.5501).
Michigan Interlock, LLC v. Alcohol Detection Sys., LLC, 360 F. Supp. 3d 671, 674 (E.D. Mich. 2018), affirmed, 802 F. App’x 993 (6th Cir. 2020) (lead lawyer for national Breadth Alcohol Ignition Interlock Device manufacturer for multi-firm team in emergency appeal of “Order of Immediate Suspension” by state of Michigan. Suspension settled, dismissed and certification fully reinstated within four months in 2018. Also represented manufacturer against claims by distributor and obtained dismissal of federal claims and favorable settlement of remanded state law claims and judgment against distributor for debts acquired by manufacturer in related cases, Baltimore County, Maryland Case No. C-03-CV-19-002080, and Oakland County, Michigan Case No. 19-174715-CB).
Laurels of Lake Orion, LLC v. First Nat'l Orion Loan, LLC, Case No. 19-11543, 2020 WL 1866095, at *1 (E.D. Mich. Apr. 14, 2020), Laurels of Lake Orion, LLC v. First Nat'l Orion Loan, LLC, No. 19-11543, 2020 WL 4581711, at *1 (E.D. Mich. Aug. 10, 2020) (obtained summary judgment for defendant lender on complicated $8 million construction lien and lender liability foreclosure dispute with attorneys’ fees granted to client as prevailing party)
Lea Graham v. Word Enterprises Perry, LLC, No. 18-CV-10167, 2019 WL 2959169 (E.D. Mich. June 18, 2019) (represented leading franchisee of Hungry Howie’s Pizza and obtained dismissal of 100 of 102 employee claims at the collective action stage based on interplay between the Federal Arbitration Act and the Fair Labor Standards Act. Decision cited by the Harvard Law Review in "Collective Actions-Fair Labor Standards Act- Seventh Circuit Holds That Arbitration-Bound Employees Cannot Be Given Notice of Collective Action Proceeding Under the Fair Labor Standards Act.-Bigger v. Facebook, Inc.," 947, 133 Harv. L. Rev. 2601, 2610 (2020).
Closed $150 million loan for operating cannabis company from foreign lender to acquire 14 marijuana dispensaries in January 2019 in convertible debenture
Donald J. Ulrich Assocs., Inc. v. Bill Forge Priv. Ltd., No. 17-CV-10174, 2019 WL 1098511, at *6 (E.D. Mich. Mar. 8, 2019) (represented international salesman against international automotive manufacturer for commissions on mass produced parts on the F-150 truck, resulting in favorable settlement following denial of summary judgment motion by manufacturer)
Completed 2018 multi-state (California, Nevada and Michigan) UCC foreclosure for secured lender of software for marijuana payment processing
Melton et al, v. Belle Tire Distributors, Inc., Wayne County, Michigan Case No. 16-009952-CZ (lead lawyer in bet-the-company putative class action against claims of fraudulent sales of over 300,000 tires for all-wheel and four-wheel drive vehicles, obtaining denial of certification, resulting in extremely favorable settlement with exposure exceeding $135 million and proposed class consisting of more than 200,000 customers of consumer products)
Berkadia Commercial Mortgage, LLC v. Kings Lane Limited Dividend Housing Limited Association, No. 11-CV-15251(E.D. Mich. April 27, 2015) (completed federal receivership and judicial foreclosure by U.S. Marshal in 2015 for PNC Bank, National Association in $14 million contested foreclosure of 378 unit apartment project, including preservation of disputed HUD guaranty and LIHTC credits, and involves a 2019 successful mediation with C. Lamar Seats, Deputy Assistant Secretary of HUD, and including dismissal of related money damages and construction lien cases by developer and general contractor. Summary disposition affirmed on appeal in remanded companion case, S & S Builders, Inc. v. Kings Lane Ltd. Dividend Hous. Ass'n Ltd. P'ship, 2017 WL 722168 (Mich. Ct. App. Feb. 23, 2017)).
Lancia Jeep Hellas v. Chrysler Group International, Oakland County, Michigan Case No. 14-142918-CZ (worked on team representing exclusive Greek distributor of all Fiat and Chrysler branded products against Fiat and Chrysler in claims for fraud and breach of contract and various related claims)
Huntington Nat. Bank v. Afr Enterprises, Inc., 2014 WL 1509575, at *1 (E.D. Mich. Apr. 16, 2014) (lead counsel for The Huntington National Bank in federal receivership restructure and partial liquidation of $15 million loan relationship secured by occupied operating retail and industrial properties across various counties in Farmington Hills, Dearborn, Clinton Township, Port Huron and Rochester Hills, Michigan, recovering in excess of 90% of indebtedness)
Represented Blue Line Distributing and Little Caesar Enterprises in threatened mass action as plaintiff against publicly traded manufacturer of thousands of defective dough mixers and reached favorable settlement
Res-MI Co., LLC v. Woodward Place and Brush Park II Association, Case 16-CV-11393 (E.D. Mich. April 18, 2019) (obtained favorable settlement for Rialto Capital Management, LLC in complex CMBS loan dispute, including invalidating attempted “conversion” of unimproved mortgaged land into common elements by condominium association and simultaneously reversing related lien foreclosure by material supplier on theory of lien claimant’s failure to observe FDIC notice requirements prior to debt acquisition by client from FDIC)
Consolidated Rail Corp. v. West Jefferson Railroad Company, Case No. 15-CV-12828 (E.D. Mich. August 1, 2017) (represented defendant on key motion in limine and prevailed, in part, preserving expert bankruptcy testimony, contributing substantially to favorable settlement in defense of condemnation and prescriptive easement action)
In Re Burst Sound & Lighting Systems, L.L.C., Case No. 16-42293 (Bankr. E.D. Mich. July 20, 2016) (lead lawyer in evidentiary hearing for secured creditor for The PrivateBank and Trust Company n/k/a CIBC U.S., asserting conversion claim of sound and lighting collateral, obtaining full verdict for turnover, grant of sanctions and order of five-day incarceration of debtor’s principal)
Blackward Properties, LLC v. Sower, No. 313282, 2014 WL 5690380, at *1 (Mich. Ct. App. Nov. 4, 2014) (obtained summary judgment for national lender in multi-party litigation against claims of fraud, aiding and abetting fraud, tortious interference and negligent supervision, arising out of foreclosure of $5 million multi-tenant retail building in downtown Birmingham, Michigan, affirmed on appeal)
Hertel v. Bank of Am. N.A., 897 F. Supp. 2d 579, 585 (W.D. Mich. 2012) (associate on team for Wells Fargo Bank, National Association in defense of putative class action suit by Ingham and Branch counties registers of deeds alleging violations of the state and county Real Estate Transfer Acts, seeking hundreds of millions in damages based on mortgage assignments claimed to be “transfers”)
Represented Wells Fargo from 2009 to present in hundreds of successfully defended cases asserting illegal mortgage servicing misconduct and related claims

Notable Cases

Dicastal N. Am., Inc. v. Markowitz Metals Grp., LLC, --- F.Supp.3d --- (W.D. Mich. Sept. 30, 2022) (obtained summary judgment for aluminum trader against world's largest wheel maker, claiming millions in damages for failure to pay for millions of pounds of scrap metal, and obtained extremely favorable counterclaim settlement)
Amir v. AmGuard Ins. Co., --- F.Supp.3d --- (E.D. Mich. June 8, 2022) (obtained summary judgment and denial of class certification for insurer in putative class action asserting damages to thousands of commercial and residential properties)
Attitude Wellness, LLC v. Vill. of Pinckney, --- F.Supp.3d --- (E.D. Mich. Apr. 7, 2022) (prevailed in motion for judgment on the pleadings and denial of preliminary injunction in evidentiary hearing for well-capitalized start-up that is the prevailing applicant for exclusive cannabis licenses in Livingston County, Michigan for grow, retail and processing segments of supply chain. Case was brought by the largest cannabis company in Michigan, Lume, and has been cited by federal courts in Illinois, California, Washington and by the Michigan Court of Appeals, as the leading case regarding governmental discretion in the selection of license winners during a competitive application process under state statutes, such as the Michigan Regulation and Taxation of Marihuana Act, Mich. Comp. Laws § 333.27951)
Parker v. Battle Creek Pizza, Inc., 600 F. Supp. 3d 809, 810 (W.D. Mich. 2022) (obtained certification of summary judgment denial and permission for interlocutory appeal to U.S. Court of Appeals for the Sixth Circuit on issue of first impression under the Fair Labor Standards Act, pertaining to the allowable rate for reimbursement of employee vehicle use: as between the IRS business rate and a reasonable approximation based on expenses incurred)
Smith Living Tr. v. Erickson Ret. Communities, 326 Mich. App. 366, 928 N.W.2d 227 (2018) (obtained and affirmed summary judgment against putative class representative’s claims of fraud, breach of contract and asserted statutory violations for sales of thousands of long-term life estates for operator of senior living facility)
Burniac v. Wells Fargo Bank, N.A., 810 F.3d 429, 434 (6th Cir.), cert. den., 137 S. Ct. 139, 196 L. Ed. 2d 43 (2016) (Obtained and affirmed summary judgment and denial of remand for national lender in issue of first impression regarding removability of case after clerk of court default attempt and issuance of preliminary injunction)
PNC Bank, Nat. Ass'n v. Goyette Mech. Co., 15 F. Supp. 3d 754, 756 (E.D. Mich. 2014) (summary judgment for national lender against forgery and economic duress claims by HVAC borrower in large, complex lending arrangement)
Groff v. Wells Fargo Home Mortg., Inc., 108 F. Supp. 3d 537, 542 (E.D. Mich. 2015) (obtained summary judgment for lender on issue of first impression of proper credit reporting following bankruptcy discharge and continuing mortgage payments with no reaffirmation, involving the interplay between the Bankruptcy Code and the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.)
Yousif v. Ocwen Mortg. Co., LLC, 816 F. Supp. 2d 463, 468 (E.D. Mich. 2010) (represented national lender and prevailed on issue of first impression regarding removability of state law claims preempted by federal statutes)

Professional Affiliations

Leadership Oakland, Class XXII
State Bar of Michigan
Federal Bar Association (RISE Committee)
Lawyers for Civil Justice
DRI (Commercial Litigation Committee)

Publications and Lectures

"Class Action Reform, Proposed Comment to Rule 23 of the Federal Rules Advisory Committee for 2020," Panelist, Lawyers for Civil Justice, National Meeting, December 2019
"Compendium of Commercial Finance Law, Michigan," Co-Author, the Secured Finance Network, October 2019
"Fraudulent Transfers," Speaker, American Bankruptcy Institute Central States Workshop, Acme, Michigan, June 8-9, 2017
“Under Water: Diving into the Legal Issues Surrounding Troubled Mortgages in Michigan,” Speaker, Lakeshore Bar Association, March 29, 2012
“Mortgage Rights and Remedies,” Oakland County Bar Association Workshop, March 27, 2012