David Hansma

Experience*

• Served as lead trial counsel on behalf of plaintiff in a shareholder oppression case resulting in a $3.1 million arbitration award.
• Defended a general partner accused of fraud and breach of fiduciary duty resulting in a complete trial victory including an award of attorney’s fees.
• Successfully defended a foreign corporation in an action alleging breach of a contract to convey stock and seeking over $2 million in damages.  The court granted dismissal of all claims.
• Served as lead defense counsel in $1 million breach of contract case in the U.S. District Court for the Eastern District of New York resulting in a favorable settlement.
• Acted as co-counsel in a successful arbitration action relating to ownership of a registered investment advisory firm with over $1 billion in assets under management.
• Represented a physician in a shareholder oppression action resulting in a settlement of over $900,000 following a favorable case evaluation award.
• Represented a Tier 2 auto supplier in defense and negotiation of a minority shareholder’s demand to inspect corporate records.
• Successfully represented a pharmacy supplier in a breach of contract action leading to an arbitration award of nearly $600,000.
• Acted as trial counsel on behalf of a restaurant group in a lawsuit brought by a former restaurant manager claiming breach of his employment contract.  The trial resulted in a judgment of no cause of action in favor defendant.
• Represented a consumer electronics manufacturer in cross-border litigation arising from the termination of the general manager of the company’s Canadian division.
• Successfully represented a municipality in a federal civil rights case resulting in summary judgment in favor of the municipality.
• Represented the defendant in a class action alleging violations of the Junk Fax Prevention Act.
• Represented banks and lenders in numerous cases to enforce notes, mortgages, guarantees, and other instruments.
• Served as counsel at oral argument for a plaintiff seeking to reverse the dismissal of a shareholder oppression claim.  The Court of Appeals reversed.  Frank v. Linkner, 310 Mich. App. 169 (2015).
• Served as appellate counsel in the United States Court of Appeals for the Sixth Circuit in a case arising under 42 U.S.C. § 1983.  Mize v. Tedford, 375 Fed. Appx. 497 (6th Cir. 2010).
• Argued in the Michigan Court of Appeals in cases involving easements, breach of contract, promissory estoppel, attorneys’ fees, creditor rights, and property taxes.

*Experience completed prior to joining Clark Hill

Publications 

• Franks v. Franks: Shareholder Oppression, Business Judgment, and Specific Intent, The Michigan Business Law Journal (Spring 2020)
• Figuring Out What Rule Applies to Noncompetition Agreements with Independent Contractors, Michigan Defense Quarterly, Volume 36 (November 2019)
• Shareholder Oppression and the Entire Fairness Standard: Reconciling MCL 450.1489 and MCL 450.1545a, The Michigan Business Law Journal (Spring 2019)
• Michigan’s Corporate Opportunity Doctrine: Understanding the Production Finishing and Rapistan Decisions, Michigan Bar Journal (May 2019)
• Defending Corporate Oppression Claims in Michigan, The Litigation Journal (Litigation Section of the State Bar of Michigan), (Winter 2018/2019)
• Fiduciary Duties, Corporate Purpose, and Director Conscience, The Michigan Business Law Journal (Fall 2018)

Presentations

• Third Annual Symposium on Corporate Oppression Actions and Business Law – Oppression in the Age of Pandemic, Business Law Section of the State Bar of Michigan (Grand Rapids) (November 2020)
• Second Annual Symposium on Corporate Oppression, Business Law Section of the State Bar of Michigan (December 2019)
• Litigating Commercial Cases in Arbitration, Michigan Defense Trial Counsel Winter Meeting (November 2019)
• Symposium on Corporate Oppression Actions: Prosecuting, Defending, and Avoiding, Business Law Section of the State Bar of Michigan, (October 2018 – Grand Rapids) and (November 2018 – Detroit).
• Advising Closely-Held Business Clients: Practical Steps to Avoid Disputes Among Owners, MICPA Anti-Fraud Issues, Litigation & Business Valuation, & Mergers & Acquisitions Conference (May 2018)