Representative Experience*

Property Tax Appeals

• Represented both commercial and industrial clients in achieving millions of dollars of property tax savings in Michigan and outside the state.
• Counseled Michigan’s largest chemical facility in property tax appeal resulting in a refund in excess of US$30m.
• Prosecuted property tax appeals for apartment property resulting in tax savings in excess of US$1m.
• Counseled taxpayer of a Michigan headquarters building in a property tax appeal resulting in tax savings in excess of US$500,000.
• Represented industrial clients in appeal of property classification resulting in more than US$30m in tax refunds.
• Prosecuted property tax appeal for Michigan hotel, which resulted in tax savings in excess of US$750,000.
• Represented golf course country club properties in property tax appeals.
• Counseled taxpayer in property tax appeal of mobile home park.
• Counseled a taxpayer in “mistake of fact” claim seeking refund of erroneously paid taxes resulting in favorable published Michigan Court of Appeals decision.
• Represented property owners in disputes with cities regarding Industrial Facilities Exemption Tax Certificates and other exemption claims resulting in favorable decisions and settlements.
• Represented taxpayer in “mistake of fact” claim regarding the reporting of art work which resulted in favorable published Michigan Court of Appeals decision.

Real Estate Litigation

• Represented numerous commercial landlords in complex summary proceedings, eviction matters and unpaid rent actions; recovered millions of dollars in unpaid rent from delinquent tenants.
• Trial counsel in jury trial in Oakland County Circuit Court relating to construction of residential home, which resulted in jury verdict of 100% of client’s demand.
• Trial counsel in arbitrations relating to construction of luxury homes resulting in favorable awards to clients.
• Represented client in litigation involving exercising option to purchase.
• Trial counsel in arbitrations relating to delay claims by general contractors against owners.
• Represented client against contractor regarding mold claims in multi-unit apartment complex resulting in summary disposition on liability and million-dollar settlement.
• Represented luxury home builders in connection with various building disputes.
• Defended actions regarding easement and right-of-way disputes.
• Defended owners, general contractors, and trades in lien foreclosure actions.

Commercial Litigation

• Trial counsel in arbitration regarding the sale of a private company, which resulted in an award and payment to client in excess of US$850,000.
• Trial counsel in federal district jury trial representing defendant regarding the purchase of an automotive tier two supplier.
• Defend breach of contract claims of auto supplier for alleged failure to produce parts.
• Defended claims of misappropriation of trade secrets.
• Obtained summary judgment in favor of Defendant in connection with multimillion-dollar claims of misappropriation of computer software.
• Defended claims of defective industrial manufacturing machinery and other UCC Article 2 disputes.
• Obtained multimillion-dollar judgment in enforcement of loan agreements on behalf of lender.
• Defended pawnbrokers in defense of various statutory claims.
• Defended client in million dollar claim by insurance company regarding alleged theft of jewelry.
• Defended officers and directors in federal securities action arising out of claims of shareholder oppression by minority shareholders.
• Defended publicly traded company in multimillion-dollar fraud claims relating to transaction resulting in dismissal of client.
• Trial counsel in arbitration representing corporate officers and directors in shareholder oppression claims resulting in a no-cause award in favor of clients.
• Counseled clients regarding data breaches of electronically stored information and data.

Entertainment, Trademark, and Copyright

• Defended claims of trademark and copyright infringement and false advertising regarding the release and sale of best-selling exercise videos.
• Obtained summary dismissal of trademark infringement and false advertising claims for national restaurant/bar chain.
• Defended royalty fee claims regarding retail sales of best-selling children’s video and horror movie series, as well as recording artists.
• Managed and filed federal, state and international trademark and service mark registrations for more than 1,300 marks, including responding to office actions and file copyright registrations.
• Counseled clients regarding trademark, trade dress and copyright issues inherent in package and product designs and in comparative advertising and false advertising matters.
• Trial counsel in arbitration involving computer software.

*Certain of these matters were handled prior to Jason joining Foley.