Leah R. Imbrogno

Partner

Leah R. Imbrogno

Partner

Leah R. Imbrogno is a partner, supply chain attorney, and commercial litigator with Foley & Lardner LLP. She assists corporate clients, specifically manufacturing and automotive companies, throughout all phases of complex commercial litigation, mediation, arbitration, and international arbitration. She also specializes in negotiating and drafting supply chain contracts. Leah has successfully litigated and tried cases in state and federal courts, and various domestic and international arbitration venues. She is a member of Foley’s Manufacturing Sector and Business Litigation & Dispute Resolution Practice Group. Leah also serves as Pro Bono Coordinator for the Detroit office.

Leah has substantial experience in breach of contract, supply chain, warranty, recall and products liability litigation, as well as in defending manufacturers against class actions and managing trade secret claims and shareholder disputes. Leah also supports clients through all phases of commercial negotiation and mediation, with the goal of prompt and creative resolution of business disputes.

Prior to joining Foley’s Detroit office, Leah began her practice as a litigator in Pittsburgh.

Representative Experience

  • Successfully trying $20 million recall dispute between original equipment manufacturer and supplier, resulting in jury verdict in favor of supplier
  • Arbitrating breach of contract and misappropriation of trade secrets claims, including against Korean supplier before the Singapore International Arbitration Centre (SIAC) resulting in an award of millions of dollars in damages and future royalties
  • Defending automotive suppliers in lawsuits brought by original equipment manufacturers and Tier 1 suppliers regarding payment for warranty campaigns and recalls, including extensive work with experts to determine root cause and damages
  • Negotiating and litigating commercial disputes between tiered suppliers, including issues relating to distressed suppliers and pricing disputes
  • Litigating complex recall and products liability claims relating to alleged medical device defects and automotive warranty issues
  • Aggressively taking and defending discovery and depositions in complex commercial disputes, including successfully handling discovery motions, motions in limine, and motions for summary disposition
  • Managing large scale domestic and international electronic discovery efforts, resulting in the retrieval and review of millions of documents

Awards and Recognition

Leah was selected for inclusion in the 2013 and 2014 Pennsylvania Super Lawyers – Rising Stars® lists for her work in business litigation. Upon moving to Michigan, Leah also was selected for inclusion in the 2016, 2017, 2018, 2019, and 2020 Michigan Super Lawyers – Rising Stars® list for her work in business litigation. She also has been named a “Top Women Attorney” in Michigan Super Lawyers – Rising Stars®.

Through Leah, Foley’s Detroit office was recognized for its pro bono work with the Detroit Legal Services Clinic, receiving the 2019 Pro Bono Office of the Year Award from the Detroit Bar Association.

Affiliations

Leah is a member of the Federal Bar, Pennsylvania State, Allegheny County, Oakland County, and Detroit Bar Associations.

Presentations and Publications

  • Co-author, “Changing Requirements: Recent Disruptions to the Law of Requirements Contracts,” End-to-End Manufacturing Manual, (July 2024)
  • Co-author, “Sixth Circuit Finds Automotive Supplier’s ‘Blanket Contract’ Did Not Create Requirements Contract, Citing Airboss,” Foley Dashboard Insights (June 2024)
  • Co-author, “Warranty and Pricing Disputes Between Suppliers and OEMs: Trends, Pitfalls and Preparation,” Auto Trends Series, (February 2023)
  • Co-author, “Key Terms and Conditions for Buyers and Sellers in the Supply Chain,” Supply Chain Disruption Series, (November 2022)
  • Co-author, “Three Key Defenses to Contractual Performance: Force Majeure, Commercial Impracticability, and Frustration of Purpose,” Supply Chain Disruption Series, (September 2022)
  • Co-author, “Going the Distance: Managing Freight Costs and Delivery Delays in 2022,” Supply Chain Disruption Series, (June 2022)
  • Co-author, “Inflation Woes: Four Key Ways for Companies to Address Inflation in the Supply Chain,” Supply Chain Disruption Series, (June 2022)
  • Co-author, “Preparing for the Supply Chain of the Future: Negotiating and Drafting Supply Chain Contracts in 2022 and Beyond,” PLI Chronicle, (March 2022)
  • Co-author, “OEMs Expanding Supplier Responsibility for Ordinary Warranty Claims,” Foley Auto Whitepaper: Top Legal Issues Facing the Automotive Industry in 2022, (March 2022)
  • Presenter, “Supply Chain Disruptions: Shortages, Risk Mitigation and Litigation Strategies,” Milwaukee Bar Association, (January 2022)
  • Co-author, “A Manufacturer’s Pandemic Survival Guide: Supply Chain Contracting Strategies and Considerations for Mitigating Future Risk,” Michigan Business Law Journal, (Fall 2021)
  • Co-presenter, “Supply Chain Agreements: Manufacturing and Market Disruption,” PLI, (July 2021)
  • Co-author, “Supply Chain Disputes, Defenses to Performance & Risk Mitigation in Manufacturing,” Bloomberg Law, (July 2021)
  • Co-presenter, “Supply Chain Shortages: Short and Long-Term Strategies for Mitigating Risk,” May 2021
  • Co-presenter, Webinar: “Practical Advice for Managing Employment and Commercial Law Issues in the Wake of COVID-19: Best Practices for Restarting and Continuing Business Operations,” LIFT, (May 2020)
  • Co-author, “50-State Emergency Order Tracker: Roadmap to Restart,” Foley’s Coronavirus Resource Center, (2020)
  • Co-author, “The Coronavirus Aid, Relief, and Economic Security Act (‘CARES Act’) is Enacted into Law,” Foley’s Coronavirus Resource Center, (March 2020)
  • Co-author, “Families First Coronavirus Response Act is Enacted into Law,” Foley’s Coronavirus Resource Center, (March 2020)
  • Co-author, “Managing the Commercial Impact of the Coronavirus: Summary of the Families First Coronavirus Response Act & Employment Provisions,” Foley’s Coronavirus Resource Center, (March 2020)
  • Co-presenter, “When Your International Distribution Contract Goes South,” 28th Annual Law of Product Distribution and Franchise Seminar, (2019)
  • Co-author, “Another Win for Arbitration: Supreme Court Rejects ‘Wholly Groundless’ Exception to Arbitrability,” Foley’s Distribution & Franchise Insights, (February 2019)
  • Co-author, “Contracting for International Arbitration in the Global Supply Chain,” Michigan Bar Journal, (September 2018)
  • Co-presenter, “The Global Supply Chain: Lessons Learned and Best Practices in International Arbitration,” 27th Annual Law of Product Distribution and Franchise Seminar, (2018)
25 July 2024 Manufacturing Industry Advisor

Changing Requirements: Recent Disruptions to the Law of Requirements Contracts

Amid increasing pressure on supply chains across the globe, multiple recent court opinions have disrupted the law of requirements contracts – contracts regularly relied upon across industries by many original equipment manufacturers and suppliers.
03 June 2024 Blogs

Sixth Circuit Finds Automotive Supplier’s “Blanket Contract” Did Not Create Requirements Contract, Citing Airboss

On May 23, 2024, the Sixth Circuit became the latest court to analyze last year’s Michigan Supreme Court decision of MSSC, Inc. v. Airboss Flexible Prods. Co. (“Airboss”), finding that an automotive supplier’s “blanket contract” was not enforceable due to its failure to satisfy the statute of frauds—upending years of the parties’ performance under the alleged requirements contract.
22 May 2024 Events

MEMA OE Mobility Supplier Forum

Foley and MEMA Original Equipment Suppliers will host a Mobility Supplier Forum on May 22 and 23.
01 February 2024 Press Releases

Foley Announces 23 New Partners

Foley & Lardner LLP has elected 23 lawyers to the firm’s partnership, effective February 1, 2024.
12 July 2023 Blogs

Michigan Supreme Court Overrules Longstanding Interpretation of “Blanket” Purchase Orders for Supply Contracts

For many years, Michigan has consistently interpreted “blanket” purchase orders as binding requirements contracts that could bind suppliers (and buyers) for many years — frequently, for the life of a particular OEM or buyer program.
15 June 2023 Blogs

Michigan Adopts Distracted Driving Legislation

On June 7th, Michigan Governor Gretchen Whitmer signed distracted driving legislation, making Michigan the 26th state to adopt some form of distracted driving/hands-free driving legislation.