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    Ann Arbor
    201 S. Division Street
    Suite 400
    Ann Arbor, MI 48104
    T 734-761-3780
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    Cheboygan
    229 Court Street
    P.O. Box 405
    Cheboygan, MI 49721
    T 231-627-8000
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    1901 St. Antoine Street
    6th Floor at Ford Field
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    201 W. Big Beaver Road
    Suite 500
    Troy, MI 48084
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competitive drive
 

Justin P. Bagdady

Member,Ann Arbor

T 734-930-2727F 734-930-2494734-930-2727

competitive drive
Education
  • University of Pennsylvania, J.D.
  • University of Michigan, B.A.
Admissions
  • Michigan
Court Admissions
  • U.S. District Ct., E.D. Mich.
  • U.S. District Ct., D. Colo.
  • U.S. Ct. of Appeals, 3rd Cir.
Overview

Mr. Bagdady assists companies and their executives in commercial litigation disputes and when faced with regulatory investigations or enforcement actions. 

Mr. Bagdady also helps companies identify and respond to potential violations by conducting internal corporate investigations.  In addition, Mr. Bagdady is a member of Bodman’s Intellectual Property and Brand Protection team and has experience representing clients in intellectual property disputes, as well as helping companies enforce their rights against infringers, cybersquatters, and competitors engaging in unfair business practices. 

He has extensive experience representing clients who are the targets of, or otherwise become involved in, government investigations including investigations by the Securities and Exchange Commission, the Department of Justice, or FINRA.  Mr. Bagdady has experience successfully litigating several high-profile cases against the SEC. Mr. Bagdady also helps companies who have received a tip or internal report of misconduct such as financial manipulation, accounting fraud, FCPA violations, or executive improprieties, by conducting internal corporate investigations to identify potential problems and their scope.  This has included investigations into domestic conduct as well as conduct occurring in Asia, South America, and Central America.

In his commercial litigation practice, Mr. Bagdady has represented clients in disputes related to stock repurchase agreements, asset purchase agreements, investment agreements, and other contract matters. He has experience representing early-stage companies in business disputes including litigation with founders or other equity holders. Mr. Bagdady helps clients enforce contractual rights and, when possible, successfully resolve contractual disputes prior to litigation.

His intellectual property work focuses on guiding clients through trademark and copyright disputes, litigating when necessary, proactively monitoring infringing activity, and subsequently helping clients take down infringing or harmful content.   

Prior to joining Bodman, Mr. Bagdady practiced for several years in the Washington, D.C. office of Orrick, Herrington & Sutcliffe LLP.  Mr. Bagdady also worked as a legal intern for the United States Office of Government Ethics. 

Publications
  • Author, The SEC is Cracking Down on… Severance Agreements, Res Ipsa Loquitor (Washtenaw County Bar Association) (2016)
  • Author, Administrative Creep – How the SEC is Taking its Act In-House, Res Ipsa Loquitur (Washtenaw County Bar Association) (2015)
  • Co-author, Corporate Whistleblowing—Key Issues in Responding to Possible Violations, The Review of Securities and Commodities Regulation (2014)
  • Co-author, Gabelli and for Whom the Clock Tolls, Law360 (2013)
Professional Activities
  • Co-Chair, Federal Practice Section of the Washtenaw County Bar Association
Pro Bono
  • Worked on two briefs submitted to the United States Supreme Court in pro bono matters.
  • Represented guardian ad litem in family court proceeding resulting in successful formation of legal guardianship for a young girl.
  • Represented, together with the ACLU, public housing residents in litigation against the Housing Authority of the City of Annapolis over policies unlawfully banning residents’ guests and family members.

 

Representative Matters
  • Worked on domestic and overseas internal corporate investigations involving suspected financial manipulation and potential violations of the FCPA’s internal controls provisions.
  • Represented large health care company in litigation alleging fraud and breach of contract in connection with purchase of a business and defective software.
  • Represent chain of international restaurants in trademark litigation against common law trademark holder.
  • Represented national advertising firm in litigation alleging misappropriation of trade secrets, tortious interference with contractual relations, and breach of contract.
  • Defeated, at the motion to dismiss stage, a large class action for medical monitoring brought against a manufacturer of PVC piping and other PVC products.
  • Represented former officer of a large software company in an SEC enforcement action alleging improper stock option backdating.
  • Represented Silicon Valley startup in action brought by its founder alleging breach of a stock repurchase agreement. Obtained a complete victory after arbitration, including award of attorney’s fees. 
  • Represented former officer of large, national mortgage lender in SEC enforcement action and in private securities class actions alleging fraud.
  • Represented former CFO of a financial media company in SEC enforcement action alleging improper revenue recognition and failure to maintain appropriate internal controls.
  • Represented former executive of large, public software company in SEC enforcement action alleging improper revenue recognition through barter transactions and undisclosed side letters.
  • Represented financial analyst in FINRA enforcement proceeding.
  • Represented individual defendant in copyright infringement case focused on popular television series allegedly based on the plaintiff’s manuscript.
  • Worked on amicus brief submitted to the United States Supreme Court in cases focused on appropriate test for “exceptional case” fee awards in patent litigation.
  • Represented several companies and executives in connection with SEC investigations, inquiries, and enforcement proceedings brought either administratively or in federal court.

 

 

Practices & Industries Education
  • University of Pennsylvania, J.D.
  • University of Michigan, B.A.
Admissions
  • Michigan