Alan Taylor is a Shareholder in the firm's Michigan office and serves as Co-Chair of the firm's Professional Liability Practice Group. Mr. Taylor focuses his practice on commercial litigation, the defense of professional negligence claims for lawyers, accountants and financial advisors, insurance defense, real estate litigation, business transactions and defending creditor's rights. Since his admission to the Michigan bar in 1994, Mr. Taylor has diligently represented publicly-traded corporations, private companies and individuals in Michigan's District Courts, Circuit Courts, Bankruptcy Courts and Federal Courts (Eastern and Western Districts of Michigan and the 6th Circuit Court of Appeals). Mr. Taylor also has extensive experience in landlord/tenant law and regularly advises both landlords and tenants on all aspects of commercial, industrial and residential tenancies.
Active in the legal community, Mr. Taylor is a frequent speaker on commercial, real estate and professional liability issues. He participates in several sections of the State Bar of Michigan and is actively involved in several real estate industry-related associations such as BOMA, IREM and ICSC. In recognition of his outstanding professional achievements, Mr. Taylor was recognized as a Top 100 Member of the American Academy of Attorneys in 2020-2021, a Lawyer of Distinction in 2019-2021, an America's Top 100 High Stakes Litigator for Michigan in 2018-2020, a 2015-2021 Michigan Leading Lawyer in Commercial Litigation, Professional Malpractice Defense Law and Real Estate Law and a Top-Rated Lawyer in Insurance Law by American Lawyer Media and Martindale-Hubbell from 2014-2019. He was also elected by his peers in the Michigan Bar as a DBusiness Top Lawyer in 2017-2019 and as a 2011 and 2012 Michigan Super Lawyer.
- Named as a Top 100 Member of the American Academy of Attorneys (less than 1% of all attorneys are nominated to become a member), 2020-2021
- Recognized as a Lawyer of Distinction, selected based on a review and vetting process by the Selection Committee analyzing work, experience and abilities based upon twelve independent criteria, 2019-2021
- Recognized as an America's Top 100 High Stakes Litigator for Michigan, an honor limited to only 100 attorneys in Michigan and received by less than one-half percent of litigators in the United States, 2018-2020
- Recognized as a Michigan Leading Lawyer (a designation limited to less than 5% of all lawyers licensed to practice law in Michigan), nominated and selected by peers in the legal community in Commercial Litigation, Professional Malpractice Defense Law and Real Estate Law, 2015-2021
- Recognized as a Top Rated Lawyer in Insurance Law by American Lawyer Media and Martindale-Hubbell®, 2014-2019
- Martindale-Hubbell AV Preeminent® Peer Review Rated
- Recognized as a DBusiness Top Lawyer in Professional Liability, based on a peer review survey of 19,000 attorneys in Wayne, Oakland, Macomb, Washtenaw and Livingston Counties, 2017-2019
- Selected for inclusion in the Michigan Super Lawyers list (no more than 5% of lawyers in the state are selected), nominated and selected by peers in the legal community, 2011 & 2012
- WSU Law School Student Board of Governors, 1991-1994
- WSU Law School Moot Court, 1992-1993
- WSU Law School Student Recruitment Committee,1992-1994
- Free Legal Aid Clinic Board of Directors, 1992-1994
Professional & Civic Involvement
- Lawyers of Distinction, Member
- Professional Liability Defense Federation (PLDF)
- Claims and Litigation Management and Alliance (The CLM)
- State Bar of Michigan, Member of Litigation Section, Insurance and Indemnity Section, Real Property Section, and Business Law Section
- Building Owners and Managers Association (BOMA) of Metropolitan Detroit
- Institute of Real Estate Management (IREM), Michigan Chapter #5
- International Council of Shopping Centers (ICSC)
- ACA International
- In March, 2021, acted as legal counsel to a commercial Michigan buyer which closed a real estate acquisition, including multiple related out of state buyers, with a cumulative purchase price exceeding $84,000,000.
- In April, 2020, obtained summary disposition of a legal malpractice lawsuit due to the lack of an attorney/client relationship. Defendant attorney represented the borrower in a loan transaction and was subsequently sued by the lender after the borrower defaulted on the loan. Additionally, $1,000 in sanctions were paid to the Defendant attorney by the lender as part of the final resolution of this legal malpractice lawsuit.
- In April, 2020, obtained summary judgment of a Fair Credit Reporting Act (“FCRA”) lawsuit asserted against a mail order/electronic retail company that offers first party credit and collects on consumer debts. As a matter of law, the Federal District Court held that “charging off” the debtor’s debt was not tantamount to forgiving the debt so the creditor’s continued reporting of the debt was not inaccurate or misleading under the FCRA.
- In August, 2019, favorably settled a FINRA arbitration for a publicly traded broker-dealer and obtained the post-settlement expungement of its two named financial advisors' CRD records after the conclusion of the same.
- In August, 2018, obtained a dismissal with prejudice of a legal malpractice lawsuit based on the Plaintiff’s repeated failure to comply with the Court’s multiple discovery orders pursuant to MCR 2.313. Defendant represented Plaintiff in an underlying probate/trust administration matter that, at the time of the aforementioned dismissal, was still pending in the Michigan Court of Appeals.
- In November, 2016, obtained summary judgment in favor of 2 financial institutions of a Fair Debt Collection Practices Act (“FDCPA”) lawsuit involving an unpaid debt and subsequent foreclosure. As a matter of law, the Court held that none of the actions/activities of either financial institution violated the FDCPA.
- In September, 2016, obtained summary disposition of a legal malpractice lawsuit based on the doctrine of judicial estoppel. Defendant law firm represented Plaintiff in a prior Chapter 7 bankruptcy in which Plaintiff did not list his alleged legal malpractice lawsuit against the Defendant Law Firm as an asset of his bankruptcy estate before he obtained his bankruptcy discharge.
- In May, 2016, obtained the summary disposition of a Breach of Contract and Michigan Consumer Protection Act Lawsuit based on a credit card account agreement. As a matter of law, the Court voided a claimed rebate by a former account holder and ruled in favor of a financial institution which issued the credit card and the big box retailer associated with the account.
- In May, 2016, obtained summary judgment in favor of a property owner in a real estate dispute for unpaid holdover rent and slander of title. Prior to trial, the Court also summarily dismissed the former tenant’s multiple count counter-complaint against the property owner which alleged contractual claims involving a right of first refusal, quasi-contractual claims for funds allegedly spent by the former tenant to alter the property and the former tenant’s discrimination claims pled under the Elliott-Larsen Civil Rights Act.
- In December, 2015 obtained summary judgment dismissing a multiple count lawsuit filed by borrowers against a banking institution in Federal District Court in Detroit, Michigan. The lawsuit alleged violations of the Real Estate Settlement Procedures Act.
- In October 2014, obtained summary disposition of a legal malpractice case that was affirmed by the Michigan Court of Appeals based on Statute of Limitations. Defendant law firm had represented Plaintiff in a probate matter and a separate bankruptcy matter. The Court of Appeals found that the two matters were unrelated and that the earlier matter was filed too late under Michigan’s two-year statute of limitations for legal malpractice.
- In July 2014, obtained summary disposition for a Michigan law firm on two claims alleging legal malpractice and unjust enrichment that were filed by a former client in response to the law firm’s lawsuit demanding the payment of its overdue bills by this former client.
- Following a seven-day arbitration, obtained a $2 million-plus award on behalf of a telecommunications company in a breach of contract matter involving the creation of the first rural 4G LTE network in the United States.
- Obtained summary disposition for collection agencies in multiple FDCPA & FCRA claims.
- Obtained Summary Disposition on the eve of trial in a property ownership dispute between the property’s prior owner and client Sha Realty Corporation, the real estate arm of Henry Ford Health System.
- Obtained summary disposition of several legal malpractice claims with underlying allegations involving the handling of business transactions, commercial issues, criminal law, probate law, real estate and bankruptcy.
- Effectively handled hundreds of landlord/tenant matters while minimizing the attorney fees incurred by clients to resolve the same.
- Obtained summary disposition for Non-Profit Association in high profile dispute relating to access/use of Association trails and dock privileges.
- Successfully organized and advised many privately-held Michigan companies as corporate counsel.
- Obtained judgments exceeding $14,000,000 and $9,500,000 on commercial litigation matters. Also obtained summary disposition for a bank on an account holder's claim attempting to dispute bank's cross-collateralization rights.
- Obtained summary disposition for insurance agents in multiple claims alleging professional errors and omissions in the procurement of insurance policies.
"If My Crystal Ball Had Been Clearer: What You Need to Know to Make Your Deals Stand the Test of Time," 2021 BOMA Mega Educational Program (March 11, 2021).
“Webinar on Force Majeure, Frustration of Purpose and Impossibility/Impracticability in Commercial Leases,” Segal McCambridge Covid-19 Webinar Series (May 11, 2020). To watch the presentation, please click here.
"No Such Thing as Boilerplate: Provisions in Leases and Other Contracts You Really Should Not Ignore," Building Owners and Managers Association (BOMA) Mega Education Day, Detroit, MI (March 5, 2020).
“Key 2020 Commercial Lease Issues,” Institute of Real Estate Management (IREM)/DMAA Trade Show, Livonia, MI (March 4, 2020).
"Recommended Actions that Commercial Landlords Can/Should Take to Avoid Unnecessary Lawsuits,” International Council of Shopping Centers (ICSC), Michigan Continuing Legal Education Event for Real Estate Professionals, Novi, MI (February 12, 2020).
"Professional Liability Issues,” State Bar of Michigan Solo and Small Firm Section, Auburn Hills, MI (April 25, 2019).
"Closing the Commercial Lease Transaction," Institute of Real Estate Management (IREM)/DMAA Trade Show, Livonia, MI (March 13, 2019).
"Interactive Commercial Lease Negotiation," Building Owners and Managers Association (BOMA) Mega Education Day, Southfield, MI (March 6, 2019).
"Negotiating Favorable Due Diligence Clauses when Purchasing/Selling Commercial Real Estate," International Council of Shopping Centers (ICSC), Michigan Continuing Legal Education Event for Real Estate Professionals, Novi, MI (February 14, 2019).
"Key Commercial Lease Clauses for 2018," Institute of Real Estate Management (IREM)/DMAA Trade Show, Livonia, MI (March 21, 2018).
"Interactive Commercial Purchase Agreement Negotiation," Building Owners and Managers Association (BOMA) Mega Education Day, Dearborn, MI (March 15, 2018).
"Resort to Self-Help or Not, That is the Question," International Council of Shopping Centers (ICSC) Michigan Continuing Legal Education Event for Real Estate Professionals, Novi, MI (February 8, 2018).
"Key Differences Between Residential and Commercial Tenancies," Institute of Real Estate Management (IREM)/DMAA Trade Show, Livonia, MI (March 22, 2017).
"Negotiating a Favorable Tenant Improvement Work Letter," International Council of Shopping Centers (ICSC) Michigan Continuing Legal Education Event for Real Estate Professionals, Novi, MI (February 9, 2017).
"Negotiating Real Estate Purchase Agreements," Building Owners and Managers Association (BOMA) Mega Education Day, Dearborn, MI (January 19, 2017).
"Handling Combustible Landlord/Tenant Relationships," Institute of Real Estate Management (IREM) Michigan Chapter 5, Livonia, MI (October 27, 2016).
“Effective Methods to Handle Commercial Tenant Move In/Move Out Issues,” Building Owners and Managers Association (BOMA) Metro Detroit, Southfield, MI (June 18, 2015).
"Second Annual Ask the Legal Experts: A CEO Panel Discussion," Institute of Real Estate Management (IREM), Novi, MI (February 19, 2015).
“Top 10 Management Strategies/Tools to Maximize Value in Commercial Property Management,” Building Owners and Managers Association (BOMA) Metro Detroit, Detroit, MI (June 19, 2014).
“An Interactive Presentation on Current Legal Issues,” Institute of Real Estate Management (IREM), Southfield, MI (April 16, 2014).
CLE Seminar for CNA, "Lawyers' Professional Liability: Michigan Law," Chicago, IL (June 24, 2013).
CNA ALADN Conference, "Key Defenses for Lawyers & Accountants in Professional Liability Matters" (Fall 2012).
Building Owners and Managers Association (BOMA) Mega Education Program, "Tenant Concessions in a Tenant Driven Market" (April 2012).
Webinar for CNA Lawyers Professional Liability, "Building a Solid Foundation: Managing Law Practice Risk" (Fall 2011).
Institute of Real Estate Management (IREM) membership meeting, "What Property Managers Can and Cannot (Legally) Do in Today's Economic Climate," Southfield, MI (June 2009).
Panelist, Building Owners and Managers Association (BOMA) Detroit 2009 Survivor Series, "Managing Vacant Space" (Winter 2009).
"2006 Landlord/Tenant Year in Review," an Interactive and Practical Tool to Facilitate Effective Property Management, Skyline Club, Southfield, MI (December 2006).
Building Owners and Managers Association (BOMA) membership meeting, 'Lease Language - What's Hot and What's Not," Livonia, MI (November 2006).
Institute of Real Estate Management (IREM) Trade Show, "Commercial and Residential Holdover Tenancy Issues" (March 2006).
"2005 Landlord/Tenant Year in Review," an Interactive and Practical Tool to Facilitate Effective Property Management, Detroit Athletic Club, Detroit, MI (October 2005).
Building Owners and Managers Association (BOMA) membership meeting, "Premises Liability - Real Life Responsibility," Southfield, MI (April 2004).
Seminar, "Wealth Management for Dummies," Ann Arbor, MI (October 2003).
Articles & Publications
- S&P Global, 8.17.20
- CNBC, 7.16.20
- Understanding Landlord Tenant Lease Agreements, Winter 2016
"Negotiating Vendor Contracts," National Association of Homebuilders' HCCP Credential (June 24, 2014).
"Contract Basics for Professional Service Firms," distributed by CNA Global Specialty Lines (Fall 2008).
"To Evict or Not to Evict? That Is the Question," IREM Newstrack (Winter 2007).
"Preparing Your Property for the Winter," BOMA VISIONZ (November 2003).
"Michigan Anti Lock-Out Statute, MCLA 600.2918," IREM Newstrack (October 2003).
"Management Consulting--Client and Engagement Intake: Practical Considerations and Tools" CNA publication (April 2015).
- Michigan Tenant's Successful Use of Frustration of Purpose Doctrine to Avoid Paying Rent to Landlord During the Pandemic5.4.21
- The Application of the Doctrine of Collateral Estoppel to Bar Legal Malpractice Claims Following Allegations of Ineffective Assistance of Counsel10.21.20
- An Examination of the Illinois Insurer-Insured Privilege: What is Protected and What is Discoverable?4.29.19
- REAL ESTATE CLIENT ALERT: Michigan Court of Appeals Held That Non-Tenants May Not Sue Landlords Under Common Theories of Liability11.12.18
- PROFESSIONAL LIABILITY CLIENT ALERT: Physicians Beware: New Jersey Supreme Court Erodes Self-Critical Analysis Privilege9.24.18
- LAWYERS PROFESSIONAL LIABILITY CLIENT ALERT: Protecting Against Legal Malpractice Counterclaims in New York6.7.18
- PROFESSIONAL LIABILITY CLIENT ALERT: Collateral/Crossover Estoppel as a Bar to Legal Malpractice Claims10.11.17
- REAL ESTATE CLIENT ALERT: Michigan Court of Appeals' Recent Decision Reviews What Constitutes a Fixture Under Michigan Law5.31.17
Wayne State University, J.D., 1994
University of Michigan, B.A., Economics with distinction, 1991
London School of Economics, Global Economics Curriculum, 1990
- Michigan, 1994
- U.S. District Court for the Eastern District of Michigan, 1994
- U.S. District Court for the Western District of Michigan, 2003
- U.S. Court of Appeals for the Sixth Circuit, 2017