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Dykema

Kyle M. Asher

Kyle M. Asher

Associate

Expertise

  • Administrative Law & Regulation
  • Government Policy & Practice
  • Litigation
  • Class Action Defense

WSG Practice Industries

Activity

Dykema
Michigan, U.S.A.

Profile

Kyle M. Asher is an associate who works closely with Dykema’s government policy and litigation groups. Before joining Dykema, he served as a law clerk to the Honorable Robert Holmes Bell at the United States District Court for the Western District of Michigan.

Government Policy and Regulated Industries

Mr. Asher’s government policy practice centers on education law, election law, and campaign finance compliance. 

Mr. Asher represents public school academy (charter school) authorizing bodies before administrative tribunals and in court, and counsels those clients and other public universities on a broad array of matters involving academic freedom, data/student privacy, FOIA compliance, and other regulatory and legislative issues that arise. He has also assisted in the reauthorization process for dozens of public school academies.

In addition, Mr. Asher has drafted proposed legislation and administrative rules in emerging industries; counseled government bodies on government reorganization and restructuring; guided candidates and nominees for public office through campaign finance compliance issues and confirmation hearing preparation; and represented clients before administrative bodies such as the Michigan Public Service Commission, Michigan Board of State Canvassers, and Michigan Administrative Hearing System.

Litigation

Mr. Asher’s litigation practice focuses on defending businesses and individuals in high stakes litigation, with an emphasis on class-action defense, election law litigation, and financial services litigation (including defense of FDCPA, TCPA, TILA, and RESPA claims). His clients include elected state officials and local government bodies; some of the country’s largest automakers, financial institutions, debt collectors, insurers, and universities; and small businesses and individuals. He has represented those clients at every stage of litigation in venues across the country.

In his trial practice, Mr. Asher specializes in federal court procedure and jurisdiction, critical motion practice, and crafting strategy to defeat class certification. He is currently representing clients in some of the State’s most pressing class actions, including the defense of:

  • A large public university in a class action seeking tuition refunds for students whose learning transitioned from in-person to remote during the COVID-19 pandemic;
  • Numerous national insurance companies in class actions across the country seeking business interruption and civil authority coverage for economic losses stemming from the COVID-19 pandemic; and
  • Numerous municipal governmental bodies and officials in class actions pending in Michigan’s state and federal courts, which seek reimbursement of foreclosure proceeds following the Michigan Supreme Court’s opinion in Rafaeli v. Oakland County.

At the appellate level, Mr. Asher has, in the past, been appointed as a Special Assistant Attorney General by Michigan Attorney General Bill Schuette to represent the State’s interests before the Michigan Supreme Court. In the last year, he has achieved successful outcomes at the Michigan Court of Appeals and the United States Courts of Appeals for the Sixth and Seventh Circuits, and he is currently representing parties and amici in several cases pending before the Michigan Supreme Court.

Prior Experience

During law school, Mr. Asher was one of 20 students in his graduating class selected as a Dean Charles H. King Scholar and awarded with a full-tuition, merit-based scholarship. He was a member of the Michigan State Law Review, and received numerous jurisprudence achievement awards for receiving the top grade in the class. In addition, he has served as an extern for the Honorable David W. McKeague at the United States Court of Appeals for the Sixth Circuit and an extern with the Michigan Court of Appeals’ Research Division.

Bar Admissions

Michigan

Ohio

Education

Michigan State University College of Law, J.D., magna cum laude, 2015 Michigan State University, B.A., Finance, with honors, 2012
Areas of Practice

Administrative Law & Regulation | Class Action Defense | Government Policy & Practice | Litigation | Political Compliance, Elections & Campaign Finance

Articles

Michigan Open Meetings Act Compliance: (Nearly) Back to Business as Usual
Dykema, March 2021

As of today, March 31, 2021, no longer may public bodies take advantage of the “any reason” remote meeting provisions of the Open Meetings Act. When the Legislature extended the circumstances under which public bodies could meet remotely, it provided for limited circumstances after the “any reason” provision sunsets...

New Michigan Amendments Allow Public Bodies to Continue Remote Meetings
Dykema, January 2021

With the ability of public bodies to meet remotely under “any circumstances” set to expire on December 31, 2020, the Michigan Legislature recently amended the Open Meetings Act to extend any reason remote meetings through March 31, 2021. These amendments also now mandate certain safety protocols for in-person meetings held before April 1, 2021...

Michigan Employers Must Now Demonstrate Infeasibility of Working from Home
Dykema, November 2020

On November 15, 2020, Michigan’s Department of Health and Human Services (“DHHS”) issued a new Gatherings and Face Mask Order that further limits in-person gatherings and employer operations, but does not meaningfully change requirements for most businesses. With limited exceptions, this Order prohibits all indoor gatherings at “non-residential venues” of “two or more persons from more than one household… in a shared space...

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