Kevin Kalczynski, Attorney

Kevin joined BSDD in November 2000 and became a partner in January 2007. He focuses on litigation, representing plaintiffs and defendants in business tort and breach of contract matters. He also has significant experience in legal malpractice, director and officer liability claims, supplier disputes, lease disputes, trade secrets, non-compete agreements, construction and lender liability litigation.

Kevin has first-chair trial experience in federal court and has successfully argued matters in the Michigan court of appeals. He has lectured on ethics issues facing in-house counsel and on how to save costs when employing outside lawyers. In 2009 and 2010, Kevin was recognized as a "Future Star" by Benchmark Litigation, the definitive guide to business litigation law firms and attorneys.

Active in the community, Kevin is currently a member of the State Bar of Michigan Professional Ethics Committee and the Royal Oak Zoning Board of Appeals. He is also the former Chairperson of the Royal Oak Downtown Development Authority and a past President of the St. Aloysius Parish Council in Detroit.

Representative Experience

• Represented one of Canada's largest law firms in 15-day evidentiary hearing in federal court where plaintiffs sought to enjoin the firm from representing a Canadian municipality against a $1.5 billion infrastructure project based on an alleged conflict of interest. At the conclusion of the hearing, the court denied plaintiffs' motion for a preliminary injunction.
• Key member of trial team in arbitration involving the construction of a power plant. At the conclusion of the 72-day hearing, our client was awarded over $25.5 million.
• Represented directors and officers of auto supplier in adversary proceeding in bankruptcy court. Immediately filed dispositive motions and then settled case for a fraction of the policy limit while the motions were pending.
• Represented one of Michigan's largest land developers in case arising from alleged fraud related to land contract. Successfully argued summary disposition motion on behalf of our client.
• Represented one of Michigan's largest insurers in an arbitration against a third party administrator. Successfully argued motion to dismiss the TPA's primary claim valued at $3.4 million.
• Represented landlord in a case brought by an international corporation. Successfully argued summary disposition motion on behalf of our client and then collected client's attorney fees and costs under fee provision in lease.
• Represented major OEM in breach of warranty action. Successfully argued summary disposition and subsequent appeal on behalf of our client.
• Represented lender in action involving a foreclosure sale on commercial property. Obtained declaratory judgment setting the foreclosure sale aside and successfully argued subsequent appeal.
• Represented major automotive OEM in potential criminal RICO/antitrust matter. Filed civil complaint and then negotiated six-figure settlement before discovery.
• Represented Tier One automotive supplier in lawsuit arising from failed business acquisition. Drafted case evaluation summary which lead to seven-figure recovery for our firm's client.
• Lead trial counsel in pro bono civil rights case in federal court.

Education

B.A., Wayne State University, Political Science, 1996, Cum Laude
J.D., Wayne State University, 2000, Cum Laude (top 10% of class)

Honors and Awards

Recognized as "Future Star" by Benchmark Litigation, 2009, 2010
Certificate of Appreciation, Pro Bono Recognition, Eastern District of Michigan, 2003
Order of the Coif, Member, 2000
Bruce A. Miller Family Scholarship, Recipient, 1999
Silver Key, Recipient, 1999
Bronze Key, Recipient, 1998

Publications

Courts Must Evaluate Actions to Alter a Plat Under the Land Division Act Rather than MCL 600.2932, Michigan Real Property Review, Vol. 30, No. 2, Summer 2003

Utility Has Right to Clear Pipeline Right-of-Way, Michigan Real Property Review, Vol. 30, No. 3, Fall 2003

Speaking Engagements

Presented Ethics Issues Facing In-House Counsel at meeting of Original Equipment Supplier Association Legal Council - June 24, 2008

Presented Practical Considerations For Saving Costs and Increasing the Efficiency of Outside Counsel at meeting of Original Equipment Supplier Association Legal Council - March 11, 2009

Professional Affiliations

American Bar Association
State Bar of Michigan
State Bar of Michigan Professional Ethics Committee (2005-present)
Federal Bar Association
Oakland County Bar Association
Detroit Metropolitan Bar Association
Detroit Metropolitan Bar Association Judicial Candidate Evaluation Committee (2002-present)

Civic and Community Organizations

St. Aloysius Parish Council, Member (2003-2005), President (2004-2005)
St. Aloysius Stewardship Committee, Member (2003-2006)
St. Aloysius/Our Lady of Good Counsel Bridging Program Task Force, Member (2006-2007)
Royal Oak Board of Rehabilitation Appeals, Member (2003-2008)
Royal Oak Solid Waste Advisory Board, Member (2004-2005)
Royal Oak Downtown Development Authority, Member (2005-2007), Chairperson (2007-2009)
Royal Oak Zoning Board of Appeals, Member (2010-present)