Martha J. Olijnyk

Martha J. Olijnyk

Partner

Education

Wayne State University, B.A., 1996
Wayne State University Law School, JD, 1999

ABOUT

Martha J. Olijnyk focuses her efforts in the areas of business and commercial litigation, including complex litigation, complex contracts, automotive supplier counseling and litigation, non-competition agreements, and shareholder and partnership disputes.  She also practices in the areas of class action litigation and bankruptcy on both the creditor and debtor sides. Since 2012, Ms. Olijnyk has led the firm’s Automotive Supplier Dispute Resolution and Litigation Practice area. Ms. Olijnyk has achieved excellent results at trial and arbitration, as well as in negotiating settlements. Her clients range from Fortune 500 companies to small local businesses and individuals.

PRACTICE AREAS

Automotive Supplier
Counseling
Dispute Resolution
Drafting Terms and Conditions
Litigation
Commercial Litigation
Commercial Debt Collection
Confidential Information Contracts
Contracts
Conversion
Non-compete Agreements
Restrictive Covenants
Trade Secrets
Antitrust Litigation
Class Action Litigation
Bankruptcy
Adversary Litigation
Special Counsel for Trustees
Intellectual Property
Trademark, Copyright, and Patent Litigation
Shareholder Oppression

REPRESENTATIVE MATTERS

Obtained Preliminary Injunction to Enforce Auto Supply Agreement
Secured a preliminary injunction to enforce an automotive supply
agreement as to the allocation of tariff obligations.

Defense of Breach of Tooling Contract Action
Obtained full dismissal of a tool maker’s claims for damages exceeding
$500,000 dollars against a Tier 1 automotive supplier.

Enforcement of Auto Supply Contract Rights and Defense of Breach of Contract and Misappropriation of Trade Secrets Counterclaim
Successfully defended a claim for tens of millions of dollars brought by a Tier 2 automotive supplier against the replacement Tier 2 supplier and the Tier 1. The original Tier 2 alleged misappropriation of trade secrets, breach of contract, theft, and tortious interference with contract.  Obtained an arbitration award that the replacement Tier 2 and the Tier 1 were not liable on any of the claims and the claimant was awarded nothing.

Settlement of Breach of Acquisition Agreement
Defended and settled an arbitration by a private equity firm against the prototyping company that it had acquired. Claims included breach of warranties as to the condition of the business and defenses included mismanagement by the new managers of the company, poor customer service, and poor quality under the new management.

Settlement of Automotive Raw Material Supply Agreement
Settled a case for a Tier 1 automotive supplier, obtaining six figures from its raw material supplier who refused to honor purchase orders to supply raw material.  The settlement was reached after Miller Law successfully proved liability against the raw material supplier at trial.

Obtained Temporary Restraining Orders (TRO) to Enforce Auto Supply Agreements
Obtained temporary restraining orders in several matters over the years, ordering Tier 2 suppliers to continue to supply at contract prices after their attempt to extract higher prices due to fluctuations in raw material prices and other reasons.

Arbitration of Auto Supply Dispute
Represented a Tier 1 automotive supplier who set off over $700,000 in charge backs for expedited supply due to Tier 2 delay. Obtained a total victory in favor of client at arbitration, with the arbitrator validating the set off.

Enforcement of Contract for Consumer Packaged Good
Obtained a jury verdict in favor of client manufacturer on a liability issue related to product raw materials and successfully defended verdict on appeal.

Enforcement of Distribution Agreement
Obtained over $2 million award on behalf of international supplier of HVAC equipment.

Drafting and Revising Automotive Supplier Documents
Drafted and updated purchasing terms and conditions, award letters, exit agreements, and license agreements.

Dispute Resolution
Negotiated and advised clients on pre-litigation dispute resolutions

PUBLICATIONS, SPEECHES, EVENTS

Presentation to the Original Equipment Suppliers Association
Presented a webinar on “Force Majeure and Coronavirus” providing attendees with  an explanation and overview on the grounds for asserting force majeure, commercial impracticability under the UCC and commercial impossibility; information as to types of notice provisions and their requirements up and down the automotive supply chain; and potential risks and mitigation requirements.  Co-presented and answered Q&A with partners Seth D. Gould and Lawrence J. Murphy.

Automotive Supplier Purchasing Training
Trained client’s purchasing department to help document relationships, avoid issues before they arise, and deal with problems once in place.

Presentation to Oakland County Bar Association Inns of Court
Presented “How to Succeed in Business Court (Without Really Trying),” a primer  on the jurisdiction of the Business Court, the expectations for parties at the initial case management conference, and the handling of shareholder oppression and derivative actions.

Presentation to C.B. Warren Senate of Delta Theta Phi Law Fraternity at Wayne State University
Provided insights to law students on a career in the field of commercial litigation

HONORS

Michigan Lawyers Weekly – Women in the Law, Class of 2019
Crain’s Detroit Business – Notable Women Lawyers in Michigan Class of 2017 (Inaugural Class)
Michigan Super Lawyers (2013-2020)
Top 100 Lawyers
Top 50 Business Lawyers
Top 50 Women Lawyers
Top 25 Women Business Lawyers
Michigan Super Lawyers Rising Star (2009)

EDUCATION

Wayne State University, B.A., 1996
Wayne State University Law School, JD, 1999

ADMISSIONS

State Bar of Michigan
U.S. District Court, Eastern District of Michigan
U.S. District Court, Bankruptcy Division, Eastern District of Michigan
U.S. District Court, Western District of Michigan
U.S. District Court, Eastern District of Wisconsin
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. Supreme Court

PROFESSIONAL ACTIVITIES

Oakland County Bar Association
Oakland County Bar Association Inns of Court
Oakland County Bar Association, Business Court and Counsel Committee
Oakland County Bar Foundation, Fellow
Rochester Bar Association (President, 2016-2017)
Delta Theta Phi Law Fraternity International, Metropolitan Detroit Alumni Senate (Dean, 2006 and Officer and Board of Governor Member, 2004-2020)

IN THE COMMUNITY

Paint Creek Trailways Commission (Treasurer, 2020)
Michigan Center for Civic Education, High School Mock Trial Judge
Wayne State University Fencing Team Alumnus