Michael A. Dorelli

Represents and advises banks and other financial institutions defending putative class actions alleging improperly assessed overdraft and insufficient fund fees, including claims relating to Authorize Positive, Settle Negative (APSN) transactions, and assists clients with revisions to their disclosure documents to avoid potential litigation. Lead counsel for former officers and directors of Michigan bank in direct shareholder lawsuit arising out of acquisition by an Indiana-headquartered bank. Secured dismissal of all claims against all defendants, which was affirmed on appeal. Finke v. Vanderkelen, 2020 WL 2601196 (Mich. Ct. App. May 21, 2020). Advised Board of Directors of Indiana-based bank, pre-merger and pre-litigation, regarding revisions to proposed SEC S-4 proxy statement and other filings in anticipation of potential litigation. Later secured voluntary dismissal of post-merger shareholder lawsuit arising out of the transaction. Represented several officers and directors of insolvent banking entities in Indiana federal court lawsuit initiated by shareholders of the debtor-entities, alleging RICO violations and claims of bank fraud, constructive fraud, breach of fiduciary duties, and gross negligence. Phillips v. Bank of Indiana, NA, 2015 WL 5043863 (S. D. Ind. Aug. 26, 2015). Lead counsel for Brazilian transmission parts manufacturer and its Indianapolis-based United States marketing and distribution entity in multi-million-dollar dispute alleging that Indianapolis-based purchaser intentionally breached multiple supply contracts. Represented former NFL player in matter alleging various state and federal securities law violations relating to clients investment in an Indiana LLC that operated multiple Popeyes restaurant franchises. Represented international oil and gas company in Indiana federal court lawsuit alleging breach of joint venture agreements, loan defaults, fraud, and related allegations in connection with natural gas refinery projects in Nigeria, attempted seizure of a marine vessel, and other allegations. Obtained dismissal of the Indiana lawsuit based on lack of personal jurisdiction. Diversity Max, LLC v. Waller, 2016 WL 1270205 (S. D. Ind. Mar. 31, 2016). Obtained summary judgment in favor of business broker in a bankruptcy adversarial proceeding, seeking recovery of broker commissions as a priority administrative expense within the bankruptcy. Represented City of Indianapolis in connection with tax abatement claw-back dispute when international commercial and defense vehicle manufacturer closed Indianapolis operations prior to term of abatement agreement. Represented Indianapolis-based athletic apparel retailer in multi-state litigation adverse to law firms and financial consultants, alleging negligent (and fraudulent) handling of BP Deepwater Horizon oil spill economic loss claims (claims relating to retailers business losses caused by reduced tourism after oil spill).