When it comes to complex commercial litigation, David Poirier has virtually done it all. Whether it be ownership and shareholder disputes, automotive parts supplier disputes, sales commission disputes, intellectual property and patent infringement, trade secret misappropriation and non-compete disputes, healthcare law, environmental law, insurance coverage, professional malpractice defense, or a variety of business torts, Mr. Poirier has done it.
Mr. Poirier began his legal career at a national law firm in Chicago practicing environmental law, a highly regulated and technical area of law where client and attorney work together in turning problems into solutions. Mr. Poirier endeavors to use this approach in his litigation practice. Indeed, at a very early stage in every representation, he undertakes to know his client’s business objectives and to develop a strategy and plan to achieve those objectives. Key to achieving success for his clients are Mr. Poirier’s keen ability to simplify and manage complicated facts and legal issues along with his excellent writing and advocacy skills.
In addition to commercial litigation, Mr. Poirier serves as “General Counsel” for businesses and entrepreneurs. He has advised clients on day-to-day business issues in several industry sectors, among those being automotive parts supplier, heavy civil construction, accounting, brokerage services and software development. In his role as business counselor, Mr. Poirier works closely with businesses to guide them through challenging legal and business issues, giving them the insight of both a trained business litigator and savvy transactional lawyer.
Mr. Poirier’s representative matters include:
• Real Estate Development Trial. Mr. Poirier first-chaired a trial in Chicago involving a $30 million real estate development and obtained a “to the dollar” judgment for all his client’s damages and attorneys’ fees.
• Lender Liability Arbitration. Mr. Poirier first-chaired an arbitration filed by the borrower against the lender for claims of fraud, breach of contract, and various business torts. After Mr. Poirier’s cross-examination of the borrower, the arbitrator suggested that the borrower voluntarily dismiss his claims and settle.
• Information Technology Trial: Mr. Poirier successfully defended an information technology consulting firm against claims of fraud and breach of contract with respect to a $25 million implementation of an Enterprise Resource Planning software system. He managed extensive discovery (100,000+ project documents) and took and defended more than 20 fact and expert witness depositions. He prepared all witnesses for trial and assisted the firm’s lead trial counsel during trial.
• Automotive Supplier Trial. Mr. Poirier was lead counsel in representing an automotive supplier against a competitor that misappropriated trade secrets. Due to successful trial preparation and proper “framing” of the trial issues through discovery and pre-trial motions, Mr. Poirier’s client obtained a significant settlement.
• Commercial Real Estate Commission Trial. Mr. Poirier second-chaired a two-week jury trial which resulted in his client, a national commercial real estate brokerage firm, obtaining a “to the dollar” verdict for the full value of its nearly $1 million commission claim.
• Professional Malpractice Defense Trial. Mr. Poirier successfully second-chaired the defense of a high seven-figure attorney malpractice claim in an Illinois federal court jury trial. Mr. Poirier successfully managed and handled all day-to-day matters, and his extensive preparation of fact and expert witnesses for trial was a key factor in his client obtaining a very favorable verdict.
• Accountant Malpractice Defense Litigation. Mr. Poirier obtained a dismissal in federal court of a $5 million accountant malpractice claim against his client, a national accounting firm. Following that, Mr. Poirier preserved the trial court win by successfully arguing the case on appeal in the Sixth Circuit Court of Appeals.
J.D., University of Michigan Law School, 1991
B.A., Alma College, History and Business Administration, 1988, cum laude
State of Michigan
State of Illinois
United States District Court, Eastern District of Michigan
United States District Court, Northern District of Illinois
United States Sixth Circuit Court of Appeals
Publications and Presentations:
Presenter, How to Prepare for Cross-Examination, Michigan Association of Certified Professional Accountants, Litigation & Business Valuation Conference, June 2007.
Presenter, Accountant Malpractice Claims: So You’re Getting Sued, Michigan Association of Certified Professional Accountants, Summer Management Information Show, June 2005.
Co-author, Important Lessons for Your Next Commission Agreement, Midwest Real Estate News, Aug. 2004.
Co-author, The Current Status of Joint and Several Liability under CERCLA, Toxics Law Reporter, Sept. 13, 1995.
Contributing author, The Lender’s Guide to Environmental Law: Risk and Liability, 1993.
Co-author, Clean Water Act Enforcement Against Municipal Governments, American Bar Association, Tort and Insurance Practice Section, Aug. 10, 1992.
Presenter and panelist at several industry seminars regarding environmental litigation, accountant practice and potential liability, and sales commission litigation.
Honors and Awards:
Selected to “Super Lawyers” 2019, 2020, 2021 and 2022.