Alternate Dispute Resolution

Alternative dispute resolution can be a cost effective and relatively quick alternative to litigation.  Our attorneys have represented many clients in this process and have regularly served as arbitrators or mediators on various matters. 

Automobile and Motorsports Dealer Law

Alan R. Miller, P.C. represents numerous automobile dealers, motorcycle dealers, and other recreational vehicle dealers, assisting these dealers with their daily business activities and legal matters, including:

• Mergers and Acquisitions
• Employee Relations
• Manufacturer Agreements
• Factory Relations
• Contractual Disputes
• Compliance With Government Rules and Regulations in the Relevant Jurisdiction
• Litigation
• Consumer Relations

Corporate, Commercial Law, and Franchising

We have extensive experience in the area of corporate law, commercial law, and franchise law. 

Our attorneys have served as general counsel to numerous companies in a wide variety of businesses.  Our attorneys’ expertise, gleaned from their work in the corporate and commercial realms, help us to provide clients with a full range of corporate services, including the formation of new enterprises, acquisitions, mergers, liquidations, and the corporate tax and securities implications of business transactions.  In the area of franchising, our firm has represented both franchisors and franchisees, including businesses that operate throughout the nation with more than one hundred (100) stores in the United States, Europe and Canada. 

We provide a full range of corporate and transactional legal services and we assist clients in various matters involving this area of the law, including:

• Formation of corporations, limited liability companies, partnerships, and non-profit organizations

• Drafting articles of incorporation, bylaws, articles of organization, operating agreements, annual reports, assumed name documentation, and other governmental filings
• Preparing shareholder and voting agreements
• Preparing joint venture and strategic alliance agreements
• Drafting dealer agreements and franchise agreements
• Preparing motorsports and automobile dealer agreements
• Preparing trade secret, non-competition, and non-circumvention agreements
• Drafting sales representative, distribution, and commission agreements
• Preparing software and web site development, proprietary rights, and licensing agreements
• Preparing licensing, manufacturing, and distribution agreements
• Consulting with and advising directors and shareholders about their corporate rights and duties
• Advising on issues and disputes involving shareholders, members, and directors
• Facilitating mergers and acquisitions
• Performing secured transactions, UCC filings and searches
• Drafting loan agreements, relationships, and disputes
• Drafting management agreements
• Preparing franchise agreements, registration for franchisor, advising on disclosure requirements, franchise disputes, and franchiser/franchisee relationships
• Reviewing and preparing personnel policy manuals, employee handbooks, employment agreements, independent contractor agreements, and severance agreements

Domestic Relations (BACK TO TOP)

Our firm has represented numerous clients in domestic disputes relating to divorce, child custody, paternity, and support.   Various cases have involved prominent families and complex estates.  Our attorneys recognize the importance of our clients’ privacy and understand the delicate issues involved in these matters.  We use our experience to minimize these effects in whatever way possible, delivering results that benefit our clients while adhering to the highest ethical standards.

Immigration (BACK TO TOP) 

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Insurance (BACK TO TOP)

Our firm represents both business and individual policyholders relating to the parameters of their insurance coverage, related disputes, and litigation.  We provide practical advice for any insurance problem that arises and have extensive experience negotiating on our clients’ behalf in their insurance matters.

Labor and Employment (BACK TO TOP)

Our firm offers complete employment relations expertise, litigating labor issues and providing representation for both employers and employees, assisting clients in union organizational efforts, collective bargaining negotiations, preparing employment agreements and severance agreements, and labor-related litigation and agency proceedings.  Our firm handles matters concerning both federal and state employment laws, including discrimination laws and labor laws.  We have handled cases involving wrongful discharge, breach of employment contracts, breach of non-competition covenants, harassment, discrimination,, and trade secret claims. 

We also consult with management helping them to draft policies that will reduce claims relating to employment discrimination, wrongful discharge, harassment, and unfair labor practices.  We assist employers in preparing employee handbooks, at-will and for-cause employment agreements, independent contractor agreements, severance agreements, confidentiality, non-competition and non-circumvention agreements.

We have also assisted employers and executives in the area of executive compensation, retention, and employment, including the preparation and negotiation of executive employment agreements, and bonus plans. 

Litigation (BACK TO TOP)

We have over thirty (30) years of litigation experience and have represented clients on both the trial and appeal level in front of juries and judges.  We have experience arguing matters before arbitrators and mediators and are well-versed in both the State and Federal courts.  Our litigation experience includes:

• Accounting malpractice claims
• Bankruptcy preference claims
• Breach of fiduciary duty claims
• Breach of contract disputes
• Construction and contractor disputes
• Corporate, partnership and shareholder rights
• Domestic relations, divorce, and child custody matters
• Employment, discrimination, and wrongful discharge claims
• Franchise matters
• Intellectual property disputes
• Motor vehicle dealer disputes
• Personal injury, product liability, and tort matters
• Raiding and unfair competition cases
• Real estate disputes, landlord and tenant matters, and boundary line disputes
• Regulatory and injunctive actions
• Securities matters
• Shareholder suits
• Stock fraud claims

Although we approach every case as if it will go to trial, our goal is to assist clients in resolving legal problems efficiently and advantageously.  By understanding our clients’ needs and approaching matters from a broad perspective, we are better able to accomplish this goal and to help our clients solve problems from both a legal and practical standpoint.

Mergers and Acquisitions (BACK TO TOP) 
 

Our mergers and acquisitions experience has involved equity and asset acquisitions and issues involving dispositions, mergers, spin-offs, joint ventures, strategic alliances, and partnerships.  We conduct due diligence, negotiate, and effectuate document transactions in the most efficient, cost-effective manner.  We work closely with our clients, their senior management and accountants to establish the most advantageous corporate structure.  

We have facilitated mergers and acquisitions of all sizes, from clients purchasing or selling a small business to large transactions valued in excess of Twenty Million ($20M) Dollars.  No matter the size of your business, we treat it as importantly as you do. 

Non-Profit Organization and Foundations (BACK TO TOP) 
 

Our firm represents a number of private foundations and other charitable organizations.  Our work with these groups requires the application of our experience in corporate, transactional, real estate, and litigation areas of the law.  We advise these groups on their formation issues, application for tax-exempt status, fiduciary duties, purchase of property, employment, litigation, and other matters.

Real Estate and Construction Law (BACK TO TOP)

Our firm represents a number of clients in real estate and property development matters.  Our expertise in these areas includes:

• Advising on boundary line disputes
• Drafting and analyzing commercial and residential leasing agreements
• Advising on disputes between landlords and tenants
• Representing clients in commercial and residential real estate matters
• Preparing and negotiating construction contracts and other construction industry representations such as construction contract disputes, matters involving construction liens
• Foreclosures and land contract forfeitures
• Mortgages and land contracts
• Zoning disputes

Securities Law (BACK TO TOP) 
 

Our securities law practice spans the full range of the federal and state securities laws, the requirements of the NYSE, NASDAQ and AMEX and regulatory compliance.  We represent Union Bank of Switzerland (UBS) in the State of Michigan, advising on general legal issues and representing them in litigation matters.  In addition, we represent issuers and broker-dealers in registered and exempt public and private securities offerings.  We represent investment advisers, financial planners, firms, individuals, and customers in courts, arbitrations, FINRA (formerly NASD) and various regulatory agency matters.  We have experience in tender offers, Agoing private@ transactions, Regulation D offerings, Williams Act compliance and proxy contests.  We represent our clients in investigations or proceedings before the Securities and Exchange Commission (SEC) and state and self-regulatory organizations. 

When making an investment, investors trust that broker-dealers, and advisors will perform their services ethically, following the rules and regulations set forth by the United States Securities and Exchange Commission.  But conflicts arise and our clients can trust our firm to hold those responsible accountable for their actions.   

Sports and Entertainment Law (BACK TO TOP)

Our firm represents numerous clients in the sports and entertainment industry including a variety of prominent athletes, entertainers, media personalities, and companies.  Alan Miller, drawing from his experience as a professional football player, co-founded the National Football League’s Player’s Union and drafted its first collective bargaining agreement.

Our firm is one of the nation’s most proficient law practices in the automobile racing world.  We have represented drivers, sponsors, crew chiefs, executives, teams, and their members, and companies involved in racing activities and racing series.  We deal extensively with participants in the NASCAR Sprint Cup, the Indy Racing League, and Automobile Racing Club of America (ARCA) Series.

We have been involved in the sports and entertainment world for over thirty (30) years.  This experience distinctly qualifies us to address and negotiate matters which are unique to sports and entertainment law.  And, because many of our sports and entertainment clients have needs similar to our other clients, this expertise enables our firm to provide unique and quality representation.

Our services in this area include:

• Preparing and negotiating agreements for drivers and other athletes, crew chiefs, pit crew members
• Drafting agreements relating to driver development, licensing, endorsement, personal appearances, employment, racing series, supplier, and personal services
• Drafting and negotiating title sponsor agreements (our firm represented Nextel when it became the title sponsor of the NASCAR Cup Series)
• Drafting talent, broadcast, television, radio, and other media agreements
• Representation of multiple NASCAR Sprint Cup Series, Indy Racing League (IRL), and ARCA drivers including Jimmie Johnson, Clint Bowyer, Casey Mears, Danica Patrick, Helio Castroneves, Adrian Fernandez, Tony Kanaan, Max Papis, Erin Crocker, Alex Zanardi, Ron Fellows, and Tim George, Jr.
• Facilitating joint ventures, mergers and acquisitions of race teams
• Negotiating and drafting contracts for race teams such as Michael Waltrip Racing, Diamond-Waltrip Racing, Fernandez Racing, Robert Yates Racing, and Dale Earnhardt, Inc.
• Litigating disputes including those relating to contract, employment, and intellectual property disputes

In addition to our work with automobile racing, we also represent professional and elite-level amateur hockey players.  Members of our firm have negotiated with the National Hockey League and other leagues on behalf of clients.  Our attorneys have also represented clients in negotiations with hockey teams, working to ensure that their objectives and needs are met.

Trademark and Intellectual Property Law (BACK TO TOP) 
 

Our firm’s trademark and intellectual property practice builds upon our extensive experience and expertise in commercial matters.  We routinely assist clients with a variety of matters in this area of the law, including:

• Trademark and copyright issues, trademark registration and licensing, and infringement protection of intellectual property, including protection of confidential information and trade secrets
• Advising clients on employment-related issues, such as confidentiality and non-competition agreements and issues relating to ownership of developments and inventions
• Structuring, drafting, and negotiating various software, web development, and business agreements
• Litigating trademark infringement cases and actions relating to confidentiality and non-compete agreements
• Registering domain names and representing clients in domain name disputes

Trusts and Estates (BACK TO TOP)
 

Our firm assists clients with the design and implementation of their personal estate plans, wills, trusts, powers of attorney, and healthcare durable powers of attorney.  Our expertise in this area ensures that our clients and their loved ones are prepared and protected in the future.