Dan Sharkey concentrates his practice in commercial, contract, and environmental litigation. He has significant experience in manufacturing supply chains, construction, class actions, franchises and dealerships, insurance coverage, intellectual property, real estate, securities, creditors’ rights, student loan litigation, and sales representative matters. He has tried more than 50 cases in U.S. District, Bankruptcy, Military, and State courts.
Before becoming a founding member of Brooks Wilkins Sharkey & Turco, he was a shareholder at Butzel Long in Detroit and Captain in the U.S. Army Judge Advocate General’s Corps, 3d Infantry Division (Mechanized), where he served as Trial Counsel and Special Assistant U.S. Attorney.
Recent Experience Includes:
Mr. Sharkey was voted a Top 10 Speaker of the Decade by the Original Equipment Suppliers Association. His presentations include:
- Won defense judgments in trials regarding student loan dischargeability
- Obtained injunction in case involving special-bar quality steel
- Won summary judgment in case seeking $40M in damages from asset-sale earn-out calculation
- Obtained “no cause” defense jury verdict in insurance coverage subrogation action arising from fire
- Obtained $6.2M judgment in state circuit court as lead counsel for national bank against borrowing entities and several individuals
- Defeated putative nationwide class action certification in warranty and consumer protection act case
- Successfully defended the largest environmental civil cost recovery filed to date by Michigan Attorney General’s Office
- Won summary judgment in case arising from petroleum pipeline spill
- Vanderbilt University School of Law (J.D., 1995)
- The University of Notre Dame (B.B.A., cum laude, 1992)
- Ranked as “Leading Individual Attorney, Commercial Litigation: Michigan,” Chambers USA (2010)
- Qualified as expert regarding Michigan contract law, Ontario Superior Court of Justice, American Axle & Mfg., Inc. v. Durable Release Coaters, Ltd. (2010)
- “Top Lawyer,” dBusiness (2009)
- “Super Lawyer,” Michigan Super Lawyers (2009, 2010)
- Selected for “The Best Lawyers in America” in Commercial Litigation (2010)
- Elected Fellow, Litigation Counsel of America, Trial Lawyer Honor Society (2009)
- AV Peer-Review Rated, identifying very high to preeminent legal ability, Martindale Hubbell (2009)
- “Rising Star in Business Litigation”, Michigan Super Lawyers (2008)
- Voted "Top 10 Speaker of the Decade" by the Original Equipment Suppliers Association (2008)
- Current Chair, Commercial Litigation Committee, State Bar of Michigan Business Law Section
- Current Co-Chair of Membership Committee, Federal Bar Association’s Eastern District of Michigan Chapter
- Former Chair, Young Lawyers Division, Courthouse Tours, and Law Day, Federal Bar Association’s Eastern District of Michigan Chapter
- Class President, Leadership Oakland Class XVIII (2007)
- Fellow, Litigation Counsel of America
- Member, Defense Research Institute, Commercial Litigation Committee; American Bar Association, Commercial Litigation Committee; Michigan Defense Trial Council; Catholic Lawyers’ Society; Incorporated Society of Irish-American Lawyers; Shamrock (Detroit Catholic Central High School Alumni) Bar Association; Oakland County Bar Association
- Admitted, State Bar of Michigan; State Bar of Ohio; U.S. District Courts for the Eastern District of Michigan, Western District of Michigan, Northern District of Ohio, and Southern District of Ohio; U.S. Sixth Circuit Court of Appeals; Court of the Appeals for the Armed Forces
Mr. Sharkey was voted a Top 10 Speaker of the Decade by the Original Equipment Suppliers Association. His presentations include:
- “Success Strategies for Manufacturing Supply Chains,” World Steel Dynamics / American Metal Market Annual Conference, June 2010, New York City
- “After the Storm: Key Legal Issues for Suppliers in 2010,” Precision Metalforming Association 17th Annual Supplier Council Meeting, May 2010, Novi, Michigan
- “Legal Implications and Negotiating Leverage,” IRN Bi-Annual Pricing Survey, December 2009, Novi, Michigan
- “Negotiating Price and Terms: Rethinking Conventional Wisdom,” Original Equipment Suppliers Association Executive Sales Management Training, October 2009, Troy, Michigan
- “Legal Survival Strategies,” World Steel Dynamics and American Metal Market Annual Conference, June 2009, New York City
- “Riding Out Chrysler, GM, and Other Storms,” Precision Metalforming Association Supplier Council Meeting, May 2009, Novi, Michigan
- “Proactive Approaches to Contracting and Bankruptcy Issues,” American Society of Quality Meeting, March 2009, Troy, Michigan
- “Supply Contracts and Raw Material Cost Issues,” Industrial Fasteners Institute Annual Meeting, September 2008, Greensboro, Georgia
- “Increasing Profitability Through Proactive Contract Management,” Precision Metalforming Association CFO Roundtable, August 2008, Cleveland, Ohio
- “The Raw Material Cost Crisis of 2008 – Not Again! A Legal Perspective,” Original Equipment Suppliers Association Chief Purchasing Officers Council, July 2008, Troy, Michigan
- “Automotive Supply Contracts: an Overview,” Industrial Fasteners Institute Automotive Division, May 2008, Birmingham, Michigan
- “Chrysler [and now GM] v. Plastech: Implications for Suppliers,” OESA Sales & Marketing Council, March 2008, Troy, Michigan
- “Successfully Negotiating Supply Contracts: a View from the Legal Trenches,” December 2007, Troy, Michigan
- “Playing Your Hand Well: Maximizing Value Through Commercial Contracts,” OESA Regional Meetings in Cincinnati, Ohio in December 2007 and Chicago, Illinois in May 2007
- “Protecting Your Investment in Commercial Contracts,” Precision Metalforming Association Quarterly Club, Goshen, Connecticut, November 2007
- “Raw Material Costs and the Law: Who Gets Stuck With the Tab?” 9th Annual Automotive Suppliers Symposium, March 2007, Grand Rapids, Michigan
- Panelist, OESA Legal Issues Council, November 2006
- “Increasing Raw Material Costs and Decreasing Vehicle Prices: What Gives? A Legal Perspective,” OESA General Meeting, June 2006, Troy, Michigan
- Panel Moderator, American Bar Association Annual Meeting, August 2003, San Francisco, California
- “Exclusivity and Requirements Contracts: Michigan’s Muddled Law, the Majority Rule of Other States and Their Impact on Automotive Suppliers,”
32 Michigan Business Law Journal 1 (Spring 2012)
- “Lessons from the Supply-Chain Litigation Trenches,” 52 For The Defense 8 (August 2010) Read full article
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“Lessons for Suppliers and Customers from Court of Appeals’ Decision,” 24 Michigan Lawyers Weekly 626 (May 10, 2010)
- The Car Wars in Court: Steel, Plastics, Terms and Other Fronts in Automotive Supply Litigation,” 87 Michigan Bar Journal 12 (December 2008)
- “The Class Action Fairness Act of 2005: Sensible Reform or Orwellian Title?” 25 Michigan Business Law Journal 3 (Fall 2005)
- “Protective Orders: Safeguarding the Manufacturer’s Confidential Information,” Annual Seminar (March 2000), coauthor