Alan Taylor focuses his practice on commercial litigation; defense of professional negligence claims for lawyers, accountants and financial advisors; insurance defense; real estate litigation; business transactions; and defending creditor’s rights.

Over the course of his career, he has diligently represented publicly traded corporations, private companies and individuals in Michigan’s district courts, circuit courts, bankruptcy courts and federal courts including the Eastern and Western Districts of Michigan and the Sixth Circuit Court of Appeals. Alan also has extensive experience in landlord/tenant law and regularly advises both landlords and tenants on all aspects of commercial, industrial and residential tenancies.

He serves as co-chair of Segal McCambridge’s Professional Liability practice group.

Active in the legal community, Alan 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 the Building Owners and Managers Association, the Institute of Real Estate Management and the International Council of Shopping Centers.

Honors

  • Listed inThe Best Lawyers in America® , 2023
  • Named to DBusiness Top Lawyers, 2017 – 2019, 2022 – present 
  • Top 100 Member of the American Academy of Attorneys, 2020 – present
  • Lawyer of Distinction, 2019 – present
  • America’s Top 100 High Stakes Litigators for Michigan, 2018 – present
  • Michigan Leading Lawyer, 2015 – present
  • Martindale-Hubbell AV Preeminent Peer Review Rated, 2007 – present
  • Top Rated Lawyer in Insurance Law by American Lawyer Media and Martindale-Hubbell, 2014 – 2019
  • Michigan Super Lawyers2011 – 2012

Professional & Civic Involvement

  • Professional Liability Defense Federation
  • Claims and Litigation Management (CLM) Alliance
  • State Bar of Michigan, 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

Practice Highlights

Representative Matters

  • In November 2021, obtained summary disposition of a lawsuit alleging Freedom of Information Act claims and Open Meetings Act claims against a municipal city attorney.
  • In March 2021, acted as legal counsel to a commercial Michigan buyer that closed a real estate acquisition including multiple related out-of-state buyers with a cumulative purchase price exceeding $84 million.
  • In April 2020, obtained summary disposition of a legal malpractice lawsuit due to lack of an attorney/client relationship. The 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.
  • 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 that 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 post-settlement expungement of its two named financial advisors’ CRD records after the conclusion of arbitration.
  • 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. The defendant represented the plaintiff in an underlying probate/trust administration matter that at the time of the dismissal was still pending in the Michigan Court of Appeals.
  • In November 2016, obtained summary judgment in favor of two financial institutions in 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 and 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. The defendant law firm represented the plaintiff in a prior Chapter 7 bankruptcy in which the 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 the financial institution that issued the credit card and the 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 that 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. 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 the statute of limitations. The defendant law firm had represented the 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 in two claims alleging legal malpractice and unjust enrichment that were filed by a former client in response to the law firm’s lawsuit demanding payment of overdue bills.
  • Following a seven-day arbitration, obtained a $2 million-plus award on behalf of a telecommunications company in a breach of contract matter involving creation of the first rural 4G LTE network in the United States.
  • Obtained summary disposition for collection agencies in multiple FDCPA and FCRA claims.
  • Obtained summary disposition on the eve of trial in a property ownership dispute between the property’s prior owner and the client.
  • 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 issues.
  • Obtained summary disposition for a nonprofit association in a high-profile dispute relating to access and use of the association’s trails and dock privileges. 
  • Successfully organized and advised many privately held Michigan companies as corporate counsel. 
  • Obtained judgments exceeding $14 million and $9 million in commercial litigation matters. Also obtained summary disposition for a bank on an account holder’s claim attempting to dispute the 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.

News & Events

Publications

Publications

  • “Management Consulting – Client and Engagement Intake: Practical Considerations and Tools,” contributor, CNA, 2015
  • “Negotiating Vendor Contracts,” National Association of Home Builders HCCP Credential, 2014

Speaking Engagements

  • “The Impact of Zoom on Commercial Eviction Hearings, ‘Repositioning after Social Distancing: Retail Real Estate in the Post-Pandemic World,’” Michigan Continuing Legal Education Event, International Council of Shopping Centers, 2022
  • “The Impact of Pandemic on Landlord/Tenant Litigation,” Institute of Real Estate Management/DMAA Trade Show, 2022
  • “Key Aspects to Draft/Negotiate a Favorable Letter of Intent for a Commercial Lease,” Mega Education Day, Building Owners and Managers Association, 2022
  • “If My Crystal Ball Had Been Clearer: What You Need to Know to Make Your Deals Stand the Test of Time,” Mega Educational Program, Building Owners and Managers Association, 2021
  • “Webinar on Force Majeure, Frustration of Purpose and Impossibility/Impracticability in Commercial Leases,” Covid-19 webinar series, Segal McCambridge, 2020. Click here for presentation.
  • “No Such Thing as Boilerplate: Provisions in Leases and Other Contracts You Really Should Not Ignore,” Mega Education Day, Building Owners and Managers Association, 2020
  • “Key 2020 Commercial Lease Issues,” Institute of Real Estate Management/DMAA Trade Show, 2020
  • “Recommended Actions that Commercial Landlords Can/Should Take to Avoid Unnecessary Lawsuits,” Michigan Continuing Legal Education Event for Real Estate Professionals, International Council of Shopping Centers, 2020
  • “Professional Liability Issues,” Solo and Small Firm Section, State Bar of Michigan, 2019
  • “Closing the Commercial Lease Transaction,” Institute of Real Estate Management/DMAA Trade Show, 2019
  • “Interactive Commercial Lease Negotiation,” Mega Education Day, Building Owners and Managers Association, 2019
  • “Negotiating Favorable Due Diligence Clauses When Purchasing/Selling Commercial Real Estate,”Michigan Continuing Legal Education Event for Real Estate Professionals, International Council of Shopping Centers, 2019
  • “Key Commercial Lease Clauses for 2018,” Institute of Real Estate Management/DMAA Trade Show, 2018
  • “Interactive Commercial Purchase Agreement Negotiation,” Mega Education Day, Building Owners and Managers Association, 2018
  • “Resort to Self-Help or Not, That Is the Question,”Michigan Continuing Legal Education Event for Real Estate Professionals, International Council of Shopping Centers, 2018
  • “Key Differences Between Residential and Commercial Tenancies,” Institute of Real Estate Management/DMAA Trade Show, 2017
  • “Negotiating a Favorable Tenant Improvement Work Letter,” Michigan Continuing Legal Education Event for Real Estate Professionals, International Council of Shopping Centers, 2017
  • “Negotiating Real Estate Purchase Agreements,” Mega Education Day, Building Owners and Managers Association, 2017
  • “Handling Combustible Landlord/Tenant Relationships,” Institute of Real Estate Management, Michigan Chapter 5, 2016
  • “Effective Methods to Handle Commercial Tenant Move In/Move Out Issues,” Building Owners and Managers Association Metro Detroit, 2015
  • “Second Annual Ask the Legal Experts: A CEO Panel Discussion,” Institute of Real Estate Management, 2015
  • “Top 10 Management Strategies/Tools to Maximize Value in Commercial Property Management,” Building Owners and Managers Association Metro Detroit, 2014
  • “An Interactive Presentation on Current Legal Issues,” Institute of Real Estate Management, 2014
  • “Lawyers’ Professional Liability: Michigan Law,” continuing legal education seminar, CNA, 2013
  • “Key Defenses for Lawyers & Accountants in Professional Liability Matters,” CNA ALADN Conference, 2012
  • “Tenant Concessions in a Tenant-Driven Market,” Mega Education Program, Building Owners and Managers Association, 2012
  • “Building a Solid Foundation: Managing Law Practice Risk,” professional liability webinar, CNA, 2011