MARK E. HAUCK

Mark E. Hauck

PARTNER

313.964.9017 Mobile: 313.407.4989
mhauck@hhbjs.com

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BAR ADMISSIONS & ASSOCIATIONS

Member of the Bar, State of Michigan

Detroit Metropolitan Bar Association

American Bar Association

Federal Bar Association, Detroit Chapter

 

ALTERNATIVE DISPUTE RESOLUTION

Certified Civil Mediator (Michigan Supreme Court Administrative Office)

Court Approved Mediator
Oakland County Circuit Court
Macomb County Circuit Court
Wayne County Circuit Court
United States District Court

Business Court Neutral
Macomb County Circuit Court
Wayne County Circuit Court

Arbitrator – American Arbitration Association

 

Mr. Hauck has expertise in the fast-growing field of Cannabis Law. The State of Michigan is one of the first states in the country to legalize both medical and recreational marijuana. As a result, a myriad of legal and regulatory issues frequently arise in businesses that operate in this nascent industry. Mr. Hauck, assisted by financial professionals who have a detailed understanding of this unique business sector, can be of invaluable assistance to owners and investors in marijuana dispensaries and grow operations and is especially suited to protect their interests in these businesses. In 2021, Mr. Hauck and HHBJS partner Scott Seabolt received a $19 million jury verdict for their clients in a partnership and breach of fiduciary duty case involving one of the largest and most successful marijuana dispensaries in Michigan.

EXPERIENCE

Privately Owned Business Disputes

Mr. Hauck is a recognized expert on matters arising out of privately owned businesses. He works with business owners to form new companies assisting in decisions regarding business type and structure and drafting operating agreements and shareholder or member agreements. Mr. Hauck also has a long history of handling shareholder disputes, proxy fights, business break-ups and matters involving business owners’ fiduciary duties. He has helped to develop the law in Michigan governing privately owned business disputes, including contributing to provisions in the Michigan Business Corporation Act that govern such matters and as a respected contributor to the Michigan Business Law Journal. Mr. Hauck’s over three decades of experience in this area of the law makes him uniquely qualified to counsel business owners concerning the diverse matters that arise in closely held corporations and limited liability companies, including professional corporations and professional limited liability companies owned by physicians, lawyers and accountants.

Breach of Contract Disputes

Mr. Hauck has handled myriad breach of contract cases, including multi-million dollar joint-venture disputes, Uniform Commercial Code (Article 2 Sales) cases, franchise terminations and claims arising out of buy/sell agreements and operating agreements. He has litigated disputes over manufacturers’ rep contracts and high stakes lease disputes and real property foreclosures. His knowledge and experience in finance, accounting, business valuation, and damage analysis allows him to hit the ground running when he is retained to handle such cases.

Investor Advisor Disputes

Mr. Hauck has handled myriad breach of contract cases, including multi-million dollar joint-venture disputes, Uniform Commercial Code (Article 2 Sales) cases, franchise terminations and claims arising out of buy/sell agreements and operating agreements. He has litigated disputes over manufacturers’ rep contracts and high stakes lease disputes and real property foreclosures. His knowledge and experience in finance, accounting, business valuation, anddamage analysis allows him to hit the ground running when he is retained to handle such cases.

Alternative Dispute Resolution

As a certified mediator and arbitrator, Mr. Hauck assists other attorneys in resolving business disputes outside of the courtroom. His expertise in commercial and business matters makes him especially effective either as a mediator to facilitate settlement or as an arbitrator to decide cases that cannot be settled amicably. He was a pioneer in the development of Michigan’s Business Courts and participated in initiatives by the Michigan Supreme Court’s Office of Dispute Resolution that made early mediation a centerpiece of these new forums. Through these efforts he has obtained a wealth of insights and experience in the effective use of alternative dispute resolution to effectively and efficiently address business disputes.

Significant Recent Results

  • Obtained a $19 million jury verdict in a partnership and breach of fiduciary duty case involving one of Michigan’s largest marijuana dispensaries in Oakland County Circuit Court
  • Litigated a contentious proxy fight in Delaware Chancery Court resulting in the placement of clients’ preferred slate of directors.
  • Received a multi-million dollar buy out for a 50% shareholder in a successful Michigan based automobile dealership.
  • Favorably resolved a contentious medical practice shareholder dispute.
  • Obtained multi-million-dollar settlement in favor of an investor defrauded by a Registered Investment Advisor.
  • Successfully defended majority shareholder of privately owned Tier 2 automobile supplier against shareholder oppression claims.
  • Successfully defended directors accused of breaching their fiduciary duties in connection with the sale of company subsidiary to private equity firm.
  • Recovered multi-million-dollar verdict against controlling shareholder of Michigan corporation on behalf of oppressed minority shareholder.

 

SEMINARS, SPEECHES & PUBLICATIONS

Electronic Communications and Discovery in the 21st Century.Litigation Management in a New York Minute (2015 Edition), a Trial.Com Litigation Management SuperCourse, New York, NY, August 7, 2015

Effective Alternate Dispute Resolutions Approaches and Strategies, Litigation Management in a New York Minute (2013 Edition), a Trial.Com Litigation Management SuperCourse, New York, NY, August 9, 2013

21st Century Legal Fee Arrangements: A Brave New World, Litigation Management Supercourse, Litigation Management in a NEW YORK Minute, Trial.com, New York, NY, August 10, 2012

Technology in the Courtroom, The Network of Trial Law Firms’ Conference: A New Decade of Challenges for In-House Counsel, Scottsdale, AZ, April 23, 2010

“Shareholder Oppression and the Direct/Derivative Distinction”, Summer 2007, The Michigan Business Law Journal,Volume XXVII, Issue II

Franchino v. Franchino: A Serious Blow to Minority Shareholder Oppression Lawsuits in Michigan”, Summer 2005, The Michigan Business Law Journal, Volume XXV, Issue II

 

AWARDS & RECOGNITION

Named to Michigan Super Lawyers, 2011-2023

Listed in The Best Lawyers in America®, 2013 – Present

  • Commercial Litigation (2013-2020)
  • Closely Held Companies and Family Business (2020)
  • Litigation – Mergers and Acquisitions (2020)

12 Attorneys Receive “Lawyer of the Year” Honors, August 18, 2015

Named to DBusiness List of 2019 Top Lawyers

 

BAR ADMISSIONS & ASSOCIATIONS

Member of the Bar, State of Michigan

Detroit Metropolitan Bar Association

American Bar Association

Federal Bar Association, Detroit Chapter

 

ALTERNATIVE DISPUTE RESOLUTION

Certified Civil Mediator (Michigan Supreme Court Administrative Office)

Court Approved Mediator
Oakland County Circuit Court
Macomb County Circuit Court
Wayne County Circuit Court
United States District Court

Business Court Neutral
Macomb County Circuit Court
Wayne County Circuit Court

Arbitrator – American Arbitration Association