Overview
Mark Stern represents both plaintiffs and defendants in the full range of commercial disputes. He handles complex commercial litigation in state and federal trial and appellate courts as well as in traditional arbitrations and other dispute resolution proceedings.
Mark also serves as the firm’s General Counsel and chairs the firm’s Ethics Committee.
Services
Practice Areas
Experience
Representative Matters
Commercial Litigation
- Defended claims against a computer manufacturer for breach of a software license agreement in an arbitration that included 69 hearing days
- Obtained summary judgment for an original equipment manufacturer (OEM) in litigation arising out of OEM's termination of purchase orders with German supplier
- Handles litigation arising out of purchases and sales of businesses, both stock and asset transactions
- Represents both buyers and sellers in UCC Article 2 disputes
Securities and Corporate Litigation
- Obtained dismissals of derivative claims against the directors of a public utility; In re Consumers Power Company Derivative Litigation, 111 F.R.D. 419 (E.D. Mich. 1989) and 132 F.R.D. 455 (E.D. Mich. 1990)
- Obtained dismissal of suit against asset based lenders alleging that loan participation agreements were securities under the Michigan Uniform Securities Act; Noyd v NBD Business Finance, Inc., 186 Mich. App. 333 (1990)
- Obtained summary judgment for corporation in shareholder suit seeking to force redemption of preferred stock
- Obtained summary judgment for corporation in suit by shareholder claiming corporate restructuring was a violation of prior settlement agreement
- Handles management disputes involving limited liability companies and their members and managers
Real Estate and Related Litigation
- Represented shopping center developers and commercial landlords in disputes over common area maintenance charges, exclusive use provisions, calculation of percentage rent, interpretation of automatic lease renewal terms, radius clauses, and other lease disputes
- Advised clients in real property disputes arising out of purchase and sale agreements, including actions for specific performance, representing buyers and sellers
- Represented owner of severed mineral interests against claim of abandonment under the Michigan Dormant Minerals Act; Energetics, Ltd. v. Whitmill, 442 Mich. 38 (1993)
Credentials
Education
Wayne State University Law School, J.D.
- summa cum laude; Order of the Coif
- Wayne Law Review, Senior Associate Editor
Western Michigan University, B.B.A.
- magna cum laude
Admissions
- Michigan
Court Admissions
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Western District of Michigan
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Northern District of Ohio
Recognition
Awards
- The Best Lawyers in America, 2006-2025
- Recognized in practice areas of:
- Appellate Practice
- Bet-the-Company Litigation
- Commercial Litigation
- Detroit Bet-the-Company Litigation "Lawyer of the Year," 2018, 2024
- Detroit Appellate Practice "Lawyer of the Year," 2020
- Recognized in practice areas of:
- Michigan Super Lawyers, 2006-2024
- Recognized as one of the Top 100 Super Lawyers, 2017
- Selected as a Fellow of the American Bar Foundation
- Martindale-Hubbell AV® Preeminent™ Peer Review Rated
- Law Bulletin Media
- Leading Lawyers, Commercial Litigation, 2022-2024
Professional & Community Involvement
- State Bar of Michigan
- Litigation Section
- Information Technology Law Section
- Michigan State Bar Foundation
- Fellow
- American Bar Association
- Litigation Section
- Detroit Bar Association
- Oakland County Bar Association
- Oakland County Bar Foundation
- Board of Trustees, 1995-2012
- President, 2001-2002
- Emeritus Trustee, 2012-present
- Fellow
- Federal Bar Association