Michael A.Platt

Partner

Cleveland + 1.216.586.7221

Michael Platt is a trial lawyer with a national litigation practice focusing on complex commercial disputes. He has litigated and obtained victories in cases involving contract claims, business torts, consumer and securities class actions, shareholder lawsuits, and product liability claims.

Michael has represented Macy's, Timken, Owens Corning, Cliffs Natural Resources, The Cleveland Browns, KeyCorp, NII Holdings, and CSX in a variety of litigation and arbitration matters.

Michael is an adjunct professor at Case Western Reserve University School of Law, where he teaches complex litigation. He also serves on the board of directors of Dress For Success Cleveland.

Experience

  • Macy's prevails at trial against J.C. Penney for tortiously interfering with Macy's contract with Martha Stewart Living OmnimediaOn June 16, 2014, the Supreme Court of the State of New York granted Jones Day client Macy's, Inc. a complete victory, after trial, against J.C. Penney Corporation, Inc. for tortious interference with a license agreement between a Macy’s affiliate and Martha Stewart Living Omnimedia, Inc. ("MSLO").
  • Timken wins federal district court jury trial on breach of contract claims against Robert Bosch LLCOn May 29, 2009, Jones Day client The Timken Company achieved a complete victory in a jury trial in federal district court in Akron, Ohio, against Robert Bosch LLC, on Timken's breach of contract claims.
  • Cortec Group sells WU Holdco to The Carlyle Group and TA AssociatesJones Day advised the Cortec Group in the sale of WU Holdco, Inc., the holding company for Weiman Products, LLC and Urnex Brands, LLC, which are leading developers, manufacturers, and distributors of specialty cleaning products for the consumer and commercial markets, to The Carlyle Group and TA Associates.
  • Cliffs Natural Resources wins baseball arbitration against Canadian steel makerOn December 17, 2010, subsidiaries of Jones Day client Cliffs Natural Resources Inc., headquartered in Cleveland, Ohio, and the largest producer of iron ore pellets in North America, achieved a complete victory in an AAA arbitration against Essar Steel Algoma, Inc., a Canadian steel maker.
  • Wendy's board of directors obtains dismissal of shareholder derivative action alleging breach of fiduciary dutyJones Day defended the board of directors of The Wendy's Company, obtaining dismissal of a shareholder derivative action brought against ten board members.
  • Cleveland Browns defends putative class action lawsuit alleging securities violations and consumer fraudJones Day is representing the Cleveland Browns football club in connection with an Ohio-wide class action alleging securities violations and consumer fraud related to the marketing and distribution of Permanent Seat Licenses.
  • Cliffs Natural Resources wins arbitral award in dispute with steelmaking company about price reopener provisionJones Day defended Cliffs Natural Resources, a supplier of iron ore, in an arbitration brought by a steelmaking company concerning the price reopener provision in a long-term supply contract.
  • Alpha Natural Resources plan confirmed by U.S. Bankruptcy CourtOn July 12, 2016, the United States Bankruptcy Court for the Eastern District of Virginia entered an order confirming the Second Amended Joint Plan of Reorganization of Alpha Natural Resources, Inc. and 148 of its debtor affiliates, less than one year after Alpha, one of the largest coal companies in the United States, entered chapter 11 with liabilities of approximately $7.1 billion amidst the most challenging economic environment for coal producers in decades.
  • NII Holdings obtains approval for reorganization planJones Day client NII Holdings, Inc. obtained approval for its chapter 11 reorganization plan following a 9-day contested trial on confirmation.
  • FirstMerit wins dismissal of all claims in shareholder derivative lawsuits relating to compensation and adverse say-on-pay voteJones Day represented the board of directors of FirstMerit Corporation in a shareholder derivative action (dismissed) arising from compensation decisions and disclosures made in light of a negative result in the company's 2012 say-on-pay shareholder vote.
  • KeyCorp obtains dismissal of shareholder derivative complaintOn November 29, 2011, the U.S. District Court for the Northern District of Ohio dismissed a shareholder derivative action against certain current and former officers and directors of KeyCorp, relating to liabilities the company incurred as a result of litigation with the IRS regarding cross-border leveraged-lease transactions.
  • FirstMerit Bank obtains reversal of class certification and ultimate dismissal in Ponzi scheme caseJones Day represented FirstMerit Bank, N.A. in a lawsuit arising out of the collapse of large Ponzi scheme allegedly orchestrated by Joanne Schneider, a well-known Cleveland-area businesswoman involved in various real estate and retail enterprises.
  • FirstMerit defends against putative class action regarding debit transaction posting practicesJones Day is representing FirstMerit Bank, N.A. in a putative class action alleging breach of contract, fraud, and unjust enrichment based on FirstMerit's consumer checking account debit transaction posting practices.
  • Brush Wellman obtains affirmance of summary judgment by Third Circuit in beryllium exposure caseJones Day represented Brush Wellman, a manufacturer of beryllium products, in a case in which the plaintiff claimed exposure to beryllium and sought medical monitoring for beryllium disease.
  • KeyCorp defends two shareholder derivative actions, one relating to excessive compensation paid to certain officers in 2009, and second alleging breach of fiduciary duty relating to liabilities incurred as result of litigation with IRSJones Day is representing directors and officers of KeyCorp in two separate shareholder derivative actions, one alleging that the company paid excessive compensation to certain officers in 2009, and the other alleging breaches of fiduciary duties relating to liabilities the company incurred as a result of litigation with the IRS regarding cross-border leveraged-lease transactions.
  • Axsys Technologies defeats motion in shareholder class action to enjoin merger with General DynamicsJones Day represented officers and directors of Axsys Technologies, Inc. in a shareholder class action seeking to enjoin the acquisition of Axsys Technologies, Inc. by a wholly-owned subsidiary of General Dynamics Corporation.
  • May Department Stores defeats plaintiff's motion for class certification and obtains dismissal of shareholder litigationJones Day represented May Department Stores Company and its former directors in a lawsuit (class certification denied) attacking the 2005 merger between Federated Department Stores (now known as Macy's Inc.) and May Department Stores.
  • Brush Wellman wins summary judgment on contract claims for indemnification arising from product liability actionsOn behalf of Brush Wellman Inc., Jones Day obtained summary judgment on contract claims for indemnification arising from product liability actions.
  • Macy's obtains dismissal of securities class actionJones Day won dismissal of a shareholder class action against Macy's, Inc. and its CEO and CFO arising out of a decline in Macy's stock price in spring 2007 after it announced disappointing sales results.
  • Macy's obtains dismissal of shareholder derivative actionJones Day represented directors and officers of Macy's in a shareholder derivative action alleging breach of fiduciary duties in connection with alleged misstatements and purchases and sales of company stock.
  • May Department Stores defends shareholder action claiming breach of fiduciary dutyJones Day is representing former directors of May Department Stores against breach of fiduciary duty claims arising out of the Federated/May merger.
  • Speaking Engagements

    • December 15, 2011
      Trial Evidence for the Ohio Practitioner
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