Dykema

Mr. Gale’s practice focuses on litigation matters, with an emphasis on complex commercial disputes, financial services litigation and class action defense. He has tried cases before state and federal courts and arbitrators, on matters related to contracts, dealer termination, real estate, intellectual property, unfair competition, antitrust, mass torts, securities fraud, and bankruptcy. His experience includes all aspects, from extraordinary preliminary relief through discovery, trial and appeal.

Mr. Gale originally joined the firm in February 2006, but left to serve as Division Counsel, Commercial Litigation at Abbott Laboratories from March 2011 to November 2012. Before joining Dykema, Mr. Gale practiced his entire career in an AmLaw 100 firm in Chicago, Los Angeles and Washington, D.C. 

Bar Admissions

Illinois

California

District of Columbia

Michigan

Education

University of Notre Dame School of Law, J.D., Law Review Michigan State University, B.A.

Significant Accomplishments

Lead trial counsel in litigation filed in bankruptcy of major airline to bar enforcement of cross-default provision in lease at hub airport. Over $600 million in debt at issue. Cross-default ruled unenforceable.
Lead counsel in a series of lawsuits filed in bankruptcy of major airline seeking clarification that repayment of certain bond obligations cannot be “rent” pursuant to the Bankruptcy Code. Over $500 million in debt at issue. Summary judgment awarded to client in three of four cases, and to opponents in fourth case. Judgments upheld on appeal.
Lead counsel for investigation of residential foreclosure business practices of Top Ten mortgage servicer. Managed large team of attorneys to gather salient facts, identify legal standards, and develop recommendations regarding remediation and best practices in all United States jurisdictions.
Lead counsel defending putative class action challenging appraisal practices under TILA, RESPA, and New York and California state law. Case dismissed. Cedeno v. Indymac Bancorp, Inc., et al., 2008 WL 3992304 (S.D.N.Y)
Represented cigarette manufacturer in smoking and health litigation, focused primarily on cases brought by third parties paying for the health care of groups that include smokers. Concentration on scientific issues, particularly pharmacology and smoker behavior. Participated in jury trails brought by state attorney general (settled before verdict) and by a class of union health and welfare funds (defense verdict).
Represented several automotive manufacturers in personal injury matters alleging defects in design and/or manufacturing.
Trial counsel for credit card servicing arm of large bank in copyright infringement litigation related to software to manage collection actions. Won summary judgment on all counts, together with fees, costs, and $35,000 in monetary sanctions against opposing counsel. Argued appeal to United States Court of Appeals, Seventh Circuit; trial court judgment upheld in full.
Trial counsel for defendant retailer/maintainer of storage disks for mainframe computers in Kodak aftermarket monopolization action (Sherman Act, section 2). At trial, Plaintiff sought $78 million after trebling. Following a three month trail, jury deliberated for two days and returned a defense verdict.
Represented plaintiff corporations in securities fraud and breach of fiduciary duties suit against major defense contractor and its directors. One of two trial counsel. Clients awarded $30 million after twelve day jury trail.