Jonathon Frank

JONATHAN B. FRANK

Principal

(248) 723-8691

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Rated by Super Lawyers Jonathon Frank 5 years
DBusiness 2018 Top Lawyers
Martindale-Hubbell Client Champison Silver 2019
Martindale-Hubbell Preeminent Peer Rated for Highest Level of Professional Exellence 2019
DBusiness 2018 Top Lawyers
 

Jonathan B. Frank received his B.A., with distinction, from Stanford University in 1982 and his J.D., cum laude, from The University of Michigan in 1985. He practiced in Los Angeles at O’Melveny and Myers until 1989 when he moved back to Detroit (with Jan) where he was a shareholder with Mason, Steinhardt, Jacobs & Perlman, a shareholder with Jackier Gould, and eventually formed his own practice in 2006 enjoying Of Counsel relationships, the most recent with Maddin Hauser from May 2015 until May 2019. He has written extensively about solving business problems and counseling clients through the litigation process. Jon is a trained mediator and a neutral arbitrator for the American Arbitration Association. Each year since 2013, Jon has been selected by his peers for inclusion in the Michigan edition of Super Lawyers®. The Martindale-Hubbell Law Directory has awarded Jon its highest legal ability and ethical standards rating (AV), as well as its Client Distinction Award for positive client feedback (less than 1% of the 900,000+ attorneys listed on martindale.com and lawyers.com have been accorded this Martindale-Hubbell honor of distinction).

 

Endorsements:

"Jon is focused on obtaining the desired result for his client at a reasonable cost. He is a man of integrity who truly cares about what is best for his clients. When appropriate, he will think creatively about how to solve a problem — even if the approach is unorthodox. This often allows him to be one step ahead of his adversaries in the litigation chess match. I would wholeheartedly recommend Jon to family and friends knowing they would be in competent and efficient hands."

 

PRACTICE AREAS

  • Complex Litigation and Risk Advisory
  • Corporate and Business Litigation
  • Litigation Prevention Audits
  • Non-Compete Litigation
  • Real Estate Litigation
  • Shareholder Litigation
  • Software Litigation
  • Trade Secret Litigation
  • Libel, Slander, Defamation Litigation
  • Alternative Dispute Resolution

EDUCATION

  • STANFORD UNIVERSITY,
    • B.A., with distinction, 1982
  • UNIVERSITY OF MICHIGAN LAW SCHOOL,
    • J.D., cum laude, 1985
 

PROFESSIONAL MEMBERSHIPS

  • State Bar of Michigan
  • State Bar of California (Inactive)
  • Oakland County Bar Association - Member
  • Oakland County Circuit Court Committee - Past Chair
  • Oakland County Circuit Court - Discovery Mediator
  • Oakland County ADR Committee - Member
  • Oakland County Business Court Committee - Member

SPECIAL LICENSES/ CERTIFICATIONS

  • Neutral Arbitrator, American Arbitration Association
  • SCAO-trained Mediator
 

HONORS AND AWARDS

  • Martindale-Hubbell Law Directory - AV Rated, Client Distinction Award
  • Super Lawyers® from 2013-2018
  • DBusiness Magazine, recognized as 2018 Top Lawyer
  • Gussin Award for Trial Work, University of Michigan Law School, 1985
  • Finalist, Campbell Moot Court Competition, University of Michigan Law School, 1984

PRO BONO/ COMMUNITY SERVICE

  • Board Member, Detroit PAL,
    • 2012 - Present
  • Board of Directors, Detroit Urban Debate League,
    • 2013 - Present
  • Board Member, Jewish News Foundation,
    • 2012 - 2016
  • President, Detroit Chapter of American Jewish Committee,
    • 2009 - 2011
  • Board Member, Jewish Family Services,
    • 2005 - 2010
  • President, Jewish Ensemble Theater,
    • 1999 - 2005
 

WRITING, VIDEO AND TEACHING

 

VERDICTS, SETTLEMENTS AND DECISIONS

  • Victory and lesson learned in trade secret cases
    • Judge Alexander in Oakland County Business Court agreed with Jon’s position that the plaintiff had failed to specifically describe the alleged trade secret, a common problem in trade secret cases under Michigan and federal law.
      Decision 1
      Decision 2

  • Victory and lesson learned in minority oppression case
    • After a four-day bench trial in an LLC membership dispute, Judge Kathryn Viviano in Macomb County Circuit Court agreed with Jon that his clients (the majority members) did not violate the oppression statute by charging management fees or terminating the employment of the minority member. She therefore rejected the minority's request for over $1 million in damages, a forced buy-out, and reimbursement of attorney fees.

      Judge Viviano relied on evidence that the management fees were fair and were thoroughly disclosed to the minority through a series of consent resolutions with supporting backup material.

      The lesson: to avoid a claim of unfair self-dealing, members or shareholders who are on both sides of a business transaction should have objective proof that the transaction is reasonably based on a fair set of criteria.

  • Three verdicts over $1 million in business cases.

  • Published opinions:
    • Central States v. First Agency, 756 F.3d 954 (6th Cir. 2014); Williams v. City of Troy, 269 Mich. App. 670 (2005); Great Lakes Steel v. City of Ecorse, 227 Mich. App. 366 (1998); Noel v. Fleet Finance, Inc., 971 F. Supp. 1102 (ED Mich. 1997); Standard Federal Savings Bank v. Genesee County, 208 Mich. App. 569 (1995); City of Flint v. Patel, 198 Mich. App. 153 (1993).

  • Unpublished opinions:
    • DC Mex Holdings v. Affordable Land LLC, Docket No 318791 (Mich. App. 2015); Shaer v. Bahoura, Docket No 315701 (Mich. App. 2014); Hill v Hill, Docket No. 312018 (Mich. App. 2013); EWI Worldwide, Inc. v. Lifestyle Retail Partners, Docket No. 295167 (Mich. App. 2011); Wagner v. Marroghi, Docket No 280632 (Mich. App. 2009); Tres Galanes v. Cordoba, Docket No 282643 (Mich. App. 2009); Horvath v. Kempster, Docket No 264035 (Mich. App. 2006); Phoenix Investment Holdings v. Nosan & Silverman Homes, Docket No. 126561 (Mich. 2005); DaimlerChrysler Services v. Summit National, Inc., 2005 WL 1994321 (6th Cir. 2005); Dolan v. Crutcher, Docket No. 231604 (Mich. App. 2003).
 

CONTACT
FRANK &
FRANK LAW

FIRM ADDRESS

3910 Telegraph Road, Suite 200, Bloomfield Hills, MI 48302
info@frankandfranklaw.com
(248) 723-8691

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