Butzel, Long

donnini@butzel.com | P 313 225 7042 | F 313 225 7080

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George B. Donnini is a shareholder practicing in Butzel Long's Detroit office. He is a Vice President of Butzel Long and serves on the firm's Board of Directors.

Mr. Donnini practices in the areas of white collar criminal defense, SEC civil enforcement actions, antitrust investigations, and also routinely conducts corporate internal investigations. Due to the expansive nature of fraud claims, he routinely counsels his clients through both criminal charges and civil liability/enforcement actions. Accordingly, Mr. Donnini must manage complex litigation involving multiple adversaries, multiple jurisdictions, and interrelated issues.

Mr. Donnini has experience in a broad array of criminal and civil cases, representing clients at both the trial and appellate levels in federal and state courts across the country. He has varied and significant experience representing clients in criminal cases involving allegations of revenue recognition, securities, and tax fraud, theft of trade secrets, insider trading, stock options back-dating, health care, environmental and mortgage fraud. He also has conducted several internal investigations for both private and publicly traded companies. He aggressively, creatively, and successfully represents clients in a wide variety of federal and state criminal matters.

Before joining Butzel Long, Mr. Donnini served as a law clerk to The Honorable William H. Pauley III, United States District Court, S.D.N.Y., New York, New York (1998-1999). He also served as a Judge Advocate for the United States Marine Corps from 1999 to 2003. He was honorably discharged from the Marine Corps in 2003 after serving as counsel of record in numerous criminal trials.

Clerkships

Honorable William H. Pauley III, U.S. District Court, Southern District of New York

Admissions

Mr. Donnini is admitted to practice in Michigan (2003), New York (1998) and California (2000). He is also admitted before all U.S. District Courts in Michigan, the Southern and Eastern Districts of New York, as well as the U.S. Court of Appeals for the 2nd and 6th Circuits.

Affiliations

ABA, Criminal Justice Section, White Collar Crime Committee, Young Lawyers' Division; National Co-Chair (2006-2009)

ABA, Criminal Justice Section, White Collar Crime Committee; Midwest Regional Co-Chair (2005-Present)

ABA Criminal Justice Section, Book Board, Appointed Member (2008-Present)

Memberships

American Bar Association Sections of Litigation and Criminal Justice
Federal Bar Association
National Association of Criminal Defense Lawyers

Honors

Michigan Lawyers Weekly 2016 "Leader in the Law"

Up and Coming Michigan Lawyers, Michigan Lawyers Weekly(December 8, 2008)

DBusiness Top Lawyers in Metro Detroit, White-Collar Criminal Defense, 2011-2012, 2014, 2016-2018

Michigan Super Lawyers, Rising Star in Criminal Defense: White Collar, 2011-2012

Michigan Super Lawyers, Criminal Defense: White Collar, 2013-Present

Representative Matters

The following matters are representative of his recent work:

Represented auto supplier in major US and foreign antitrust investigation

Represented multiple Corporations in federal antitrust investigation re highway contracts

Represented Company in federal antitrust investigation re transportation industry

Represented Corporation in federal antitrust civil class action re automotive products

Represent multiple employees/ executives/ officers in major US and international antitrust investigations

Conducted numerous internal investigations for public and private companies

Represented Tier 1 suppliers and companies in other industries in federal antitrust investigations

Represented Tier 1 supplier in parallel proceedings conducted by U.S. Attorney's Office (SDNY) and SEC

Represented numerous individual and corporate defendants facing federal criminal prosecution arising from allegations of wire and mail fraud, tax fraud, insider trading, healthcare fraud, environmental crimes, theft of trade secrets and drug conspiracy

Represented a registered representative in a selling away action

Represented the CFO of a public company in a significant SEC enforcement action alleging 10b-5 and 17(a) violations in federal court in the Eastern District of Michigan

Represented a CFO of a non-profit hospital system in a joint DOJ and SEC investigation

Represented an attorney in connection with tax shelter investigation conducted by the DOJ Criminal Tax Division

Represented an attorney in criminal matter involving kickbacks on vendor contracts being funneled to corporate executives of public company

Represented a public company in an SEC investigation involving revenue recognition issues which, after significant document production and SEC depositions, culminated in a no action termination letter being issued by the SEC

Represented a witness involved in options back-dating investigation by the United States Attorneys' Office for the Northern District of California

Routinely represent individuals and companies subject to SEC subpoenas and investigations concerning alleged violations of securities laws with respect to a wide variety of financial transactions

Represented a book publisher and distributor in criminal investigation conducted by U.S. Postal Service

Represented executive of an environmental company charged with criminal violations of the Clean Water Act and related environmental statutes

Represented corporate manager in a significant criminal health care fraud case, which culminated in an acquittal of the firm's client, involving allegations of federal anti-kickback statute and Prescription Drug Marketing Act violations

Represented Director of Financial Accounting and Reporting of Tier I supplier in SEC Enforcement action alleging 10b-5, 13(b), 17(a) in federal court in the Eastern District of Michigan

Representative Speaking Engagements

Moderator, Aggressive Use of the Rules of Evidence to Gain Tactical Advantage: Views From the Government, the Bench, and the Defense, ABA National Institute on White-Collar Crime (2006).

Panelist, Daubert: The Challenge in 2008 and Beyond, Federal Bar Association/ABA White Collar Crime Committee, Midwest Region.

Panelist, Corporate Fraud Investigations: Financial Fraud in Small Companies, Michigan Association of Certified Public Accountants (May 13, 2009)

Panelist, Taking Aim at Kickbacks, Michigan Association of Certified Public Accountants (May 18, 2010)

Firm Publications

Sentencing Advocacy For White Collar Defendants: Show Some Gall, December 21, 2007

Justice Department Approves New Guidelines For Charging Corporations With Crimes, August 30, 2008

External Publications

Call The Question: Is Capitol Hill A Warrant Free Zone Post-Rayburn? (Published in ABA White Collar Crime Institute Publication (March, 2008)

klimkojg@butzel.com | P 313 225 7037 | F 313 225 7080

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Justin G. Klimko is a shareholder practicing in Butzel Long's Detroit office. He is President of the firm and serves on its Board of Directors. He graduated from Duke University Law School (J.D., with distinction, 1980) and Ohio University (B.A., summa cum laude, 1977). Mr. Klimko has extensive experience in securities regulation, corporate financing, mergers and acquisitions, corporate governance and general corporate matters, fields in which he has practiced since 1980.

Mr. Klimko has substantial experience in securities regulation matters for publicly and privately held companies. This includes analysis of and compliance with Sarbanes-Oxley regulations; public offerings (including IPOs); proxy statement preparation for annual meetings as well as for acquisition transactions involving public companies; preparation and review of Form 10-K, 10-Q and 8-K reports; preparation of Forms 3, 4 and 5 for reporting by certain insiders; preparation of Schedule 13E-3 statements in connection with going private transactions; analysis of Rule 144 issues for resales of securities acquired in non-public transactions; Regulation FD compliance; and general analysis and advice regarding registration, reporting and disclosure issues. He also has extensive experience in private placements and secured and unsecured financing transactions, including experience in venture capital financing for early stage companies and co-venture transactions involving participation in pre-IPO private financing.

Mr. Klimko has substantial experience in planning, negotiating and implementing various types of merger and acquisition transactions, representing both acquiring and acquired companies, including sales of substantially all of a corporation's assets, straight mergers, reverse triangular mergers, share purchases, share exchange transactions and going-private transactions. He has represented companies making venture round investments in biotech and health care related companies as well as representing new companies in startup, general organization and operation and several rounds of venture capital financing.

Mr. Klimko also has experience representing committees of boards of directors. He has represented special committees and standing committees investigating alleged financial mismanagement by corporate officers; accounting restatement issues; claims alleged by shareholders seeking to commence derivative litigation; and the financial fairness of going private proposals from company management. He has also advised standing board committees in the performance of their duties.

Mr. Klimko taught corporation law for five years as an Adjunct Professor at the University of Detroit Mercy Law School, frequently lectures and authors articles on business law subjects and has served as general editor of a treatise on Michigan Business Forms and a contributing author for a treatise on Michigan contract law.

Mr. Klimko is a past Chair of the State Bar of Michigan Business Law Section. He co-chairs the Business Law Section's Corporate Laws Committee, which monitors Michigan corporation laws and actively participates in their amendment from time to time. He chaired the Business Law Section's Ad Hoc Committee on Legal Opinions in Business Transactions, which issued a widely-referenced report providing guidance to attorneys in Michigan on issues involved in legal opinions provided in business transactions. In addition, he is a member of the Legal Opinions Committee, the Negotiated Acquisitions Committee and the Federal Regulation of Securities Committee of the American Bar Association.

Mr. Klimko is included in the publication The Best Lawyers in America and enjoys an "AV" rating from the Martindale-Hubbell rating system. He is rated one of Michigan's top Corporate/M&A attorneys by Chambers USA Guide of America's Leading Lawyers for Business and is listed in Michigan Super Lawyers (Mergers and Acquisitions).

rassel@butzel.com | P 313 225 7014 | F 248 258 1439

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Richard E. Rassel is a shareholder and serves as Chairman of Butzel Long. He holds a B.A. from University of Notre Dame and a J.D. from the University of Michigan Law School. Mr. Rassel is also a Certified Judge Advocate having graduated from the U.S. Navy Judge Advocate School. He practices primarily in the area of complex business litigation and arbitration with a special concentration in media law. He was a Fellow of the American College of Trial Lawyers from 1989-2013 and is a graduate of the CPR Institute for Dispute Resolution Mediation and Arbitration.

Over the years, Mr. Rassel's professional skills have earned him listings in Chambers, The Best Lawyers in America, Michigan Super Lawyers, as well as a Martindale-Hubbell AV preeminent rating.

Mr. Rassel is a Director and Secretary of the Detroit Legal News, Inc.

Mr. Rassel is also active in the community. He is a past Board Chair of Detroit Public Television where he was honored with the 2011 Community Leadership Award, past Chairman of the Board of the Holy Cross Foundation, past Director of the Michigan Strategic Fund, and former President and Founding Trustee of the Rosa Parks Scholarship Foundation. He has been honored with the Community Service Award and the Leadership Award by the Birmingham (Michigan) Community House, where he is a past President. Mr. Rassel serves as Vice Chairman of the Detroit Regional Chamber of Commerce's Foundation Board; a Trustee of William Beaumont Hospital System; an Ambassador of the College of Arts and Sciences of Oakland University; and a member of the Board of Advisors for the University of Detroit Mercy School of Law.

flesslae@butzel.com | P 313 983 6901 | F 313 225 7080

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Eric J. Flessland is a shareholder practicing in Butzel Long's Detroit office. He received his B.A. with honors from Michigan State University in 1980, and his J.D. (cum laude, 1983) from Wayne State University Law School. Mr. Flessland is listed in The Best Lawyers in America for Construction Law.

Mr. Flessland's practice focuses primarily upon representing heavy construction contractors and their trade associations in the public and private sectors. He has extensive experience representing construction contractor clients on public and private works projects literally from inception through close out. Mr. Flessland's extensive experience extends to insurance and suretyship issues affecting the construction industry, and has drafted a wide range of contract agreements for project owners, contractors, and subcontractors. His representation of firm clients covers a wide range of public and private matters including enforcement of competitive bidding procedures on local- and state-funded public works projects; project level claims analysis, claim preservation and avoidance counseling; complex construction claims litigation; and contract dispute resolution. Mr. Flessland provides legal and legislative consultation on issues affecting the heavy civil construction industry.

Mr. Flessland is a regular lecturer to various contractors associations, and frequently publishes articles in the Michigan Infrastructure and Transportation Association's trade magazine, Cross Section. Mr. Flessland is a member of the American Bar Association's Forum Committee on the Construction Industry, the State Bar of Michigan's Subcommittee on Construction Liens and Bonds, and a panelist to the American Arbitration Association's National Panel of Construction Arbitrators, and to the AAA's Large, Complex Case Program. He has tried matters in U.S. District Courts in Indiana, Texas, and Michigan; appeared in the Michigan and Indiana Court of Appeals; Michigan Circuit Courts throughout the State; and state trial courts in Indiana and Ohio. Mr. Flessland has experience in arbitrating and mediating construction disputes. Prior to entering private practice in 1984, he was a research clerk to the Michigan Supreme Court Committee on Standard Jury Instructions, and served as a Research Attorney to the Michigan Court of Appeals.