EXPERIENCE

Trade Secrets, Non-Competes and Unfair Competition

Mr. Hickey is a leading practitioner and regularly counsels clients in all industries on the effective protection of their trade secrets, competitive interests and other intangible assets and the avoidance of claims for misappropriation of trade secrets or unfair competition when hiring employees from competitors. When misappropriation or breach of a non-compete agreement occurs or is suspected, he prosecutes and defends claims on behalf of clients in state and federal courts in Michigan and across the country. In 2014, he received the largest jury verdict in the State of Michigan in a trade secret misappropriation case.

Supply Chain and Other Uniform Commercial Code Disputes

For over thirty years, Mr. Hickey has counseled clients and litigated issues relating to the purchase and sale of goods under the Uniform Commercial Code, including disputes involving actual or threatened termination of supply contracts, breach of warranty, pricing disputes and indemnity.

Employee Retirement Income Security Act (ERISA) Disputes

Mr. Hickey has years of experience representing clients in all forms of litigation arising under the Employee Retirement Income Security Act (ERISA), including claims asserted against health and welfare plans, and their sponsors, fiduciaries and administrators. His experience includes defending class and collective actions and single plaintiff claims for disability, death, health, welfare and pension benefits, including claims for breach of fiduciary duty, discrimination, and plan modification and termination. He also regularly represents employers and executives in disputes relating to long term incentive plans, and executive compensation and severance agreements.

Employment Counseling and Litigation/ Executive Employment Contracts

Mr. Hickey regularly counsels clients regarding day-to-day employment issues, including internal investigations, employee discipline, terminations, policies and compliance. He has litigated all forms of employment claims, including discrimination, retaliation and whistleblower claims. He also represents employers and executives in drafting and negotiating executive employment agreements and severance agreements.

Mediation & Arbitration

Mr. Hickey has completed the General Civil Mediation Training that is provided through the Institute of Continuing Legal Education (ICLE) and regularly serves as a mediator and arbitrator of commercial and employment related disputes of other parties. Based on his experience and recognition as a leading practitioner, Mr. Hickey has been asked by his peers and the judiciary to serve as a mediator and arbitrator of disputes involving misappropriation of trade secrets, breach of non-competition agreements, commercial supply chain disputes,  employment related claims, shareholder disputes, fraud, breach of fiduciary duty and ERISA claims.

Significant Decisions

Radiant Global Logistics, Inc. v. Furstenau, 368 F.Supp.3d 1112 (E.D. Mich. 2019)

Ajuba Intern., L.L.C. v. Saharia 871 F.Supp.2d 671 (E.D. Mich. 2012)

Varlesi v. Wayne State University, 909 F.Supp. 2d 827 (E.D. Mich. 2012)

Allen v. Sears Roebuck, 803 F.Supp.2d 690 (E.D.Mich.2011)

Mills v. Williams, 476 F.Supp.2d 653 (E.D.Mich.2007)

Local 6-0682 International Union of Paper v. National Indus. Group Pension Plan, 342 F.3d 606 (6th Cir.2003)

Marks v. Newcourt Credit Group, Inc., 342 F.3d444 (6th Cir.2003)

Niemi v. NHK Spring Co. Ltd., 276 F.Supp.2d 717 (E.D. Mich. 2003)

Broad, Vogt & Conant, Inc. v. Alsthom Automation, Inc., 200 F.Supp.2d 756 (E.D.Mich. 2002) and 186 F.Supp.2d 787 (E.D. Mich. 2002)

Minnis v. McDonnell Douglas Technical Services Co., 162 F.Supp.2d 718 (E.D. Mich. 2001)

Advanced Plastics Corp. v.White Consol. Industries, Inc., 828 F.Supp.484 (E.D.Mich. 1993)

Sullivan Industries, Inc. v.Double Seal Glass Co., Inc., 192 Mich. App. 333, 480 N.W.2d 623 (1991)

Pijanowski v. Cleveland Clinic Foundation, 635 F.Supp. 1435 (E.D. Mich. 1986)

SEMINARS, SPEECHES & PUBLICATIONS

Drafting and Enforcing Non-compete Agreements and Other Restrictive Covenants, State Bar of Michigan 2000

Non-competes, Trade Secrets and Confidential Information, Institute of Continuing Legal Education 1999

AWARDS & RECOGNITION

Recognized in Michigan Super Lawyers® for Business Litigation, Employment Litigation: Defense, 2006-2020

Named Detroit “Lawyer of the Year” for Litigation – ERISA by Best Lawyers® 2013

Recognized in The Best Lawyers in America® for Bet-the-Company Litigation, 2010-2016, Commercial Litigation, Construction Litigation and Labor & Employment Law, 2010-Present, ERISA Litigation, 2017. Copyright 2015 by Woodward/White, Inc., Aiken, SC

Named a Michigan Leading Lawyer in the areas of Employment: Management and Trade Secrets/Unfair Competition Law by the Leading Lawyers Network, 2014-2015. Law Bulletin Publishing Company

Named a Litigation Star by Benchmark Litigation, 2013-2015 Named a Leading General Commercial Litigation and/or Labor & Employment Lawyer by Chambers USA, 2008-2019

Named a Top Lawyer by DBusiness Magazine for Bet-the-Company Litigation, Commercial Litigation, Employment Law Management, Labor Law – Management, Litigation – Construction, Litigation – ERISA, and Litigation – Labor & Employment, 2010-2012, 2015

Named one of Top 100 Super Lawyers in Michigan, 2009, 2018, 2019, and 2020

Recipient of an AV® Preeminent™ Rating by Martindale-Hubbell