McIntyre, Kenneth J.

Education

University of Michigan

B.A., With Honors
  • Phi Beta Kappa, Phi Kappa Phi, Phi Theta Kappa

University of Michigan Law School

J.D., With Honors
  • Finalist, Henry M. Campbell Moot Court Competition
  • Member, University of Michigan Law School National Moot Court Team

Bar Admission

Michigan

Kenneth J. McIntyre

Member

Overview

As recently noted in Chambers and Partners 2017 Rankings, Ken McIntyre is a Top Tier (“Chambers Band 1”) commercial litigator who: “handles a wide range of contentious issues, and is especially respected for his handling of contentious antitrust cases. He also takes on class actions, IP disputes and consumer protection matters.”

Prominent Assignments

Dismissal of False Claims Act, ("Qui tam") complaint against University as "Arm of the State" and not a “person” subject to FCA suit. Affirmed by Court of Appeals.

Summary judgment dismissing multiple suits seeking over $1.5 billion for alleged violations of false claims act, antitrust, RICO, and breach of contract by automotive manufacturer. Affirmed by Court of Appeals.

Dismissal of compressor manufacturer from criminal and civil class antitrust allegations of international cartel price fixing.

Dismissal of Japanese corporate executive from antitrust criminal investigation of international price fixing of auto parts.

Successfully defended numerous antitrust cases, alleging monopoly, monopsony, conspiracy, price discrimination, resale price maintenance or predatory pricing, including health care provider and trade associations cases.

Defeated certification in numerous national class actions, including antitrust, product failure, consumer protection, advertising, fraud and truth-in-lending.

Successfully defended numerous cases involving termination, non-renewal or discriminatory treatment of trade association members, dealers, distributors, franchisees or representatives.

Prevailed in the defense of various automotive original equipment manufacturers and suppliers in complex litigation, including RICO, fraud and breach of contract.

Defended numerous criminal grand jury investigations or inquiries by the DOJ, FTC. or state attorneys general.

Service as local or co-counsel in patent cases, including KSR International Co. v. Teleflex Inc.

Prosecuted numerous trademark infringement cases, including award of actual attorney fees for “willful violation”.

Won numerous cases involving "dealer statutes" including, Wisconsin Fair Dealership Law, Automotive Dealer Day In Court Act, Petroleum Marketing Practices Act, and Wine and Beer Distributing Acts.

Prevailed in numerous Insurance administrative proceedings, including dismissal of class action allegations that automotive insurance underwriting standards constituted racially discriminatory "redlining".

Defended various health care industry cases, including summary judgment dismissing allegations of collusive denial by state officials of certificate of need for construction of hospital.

Representative Clients

  • Carhartt Inc.
  • Emerson Electric
  • Ford Motor Company
  • General Electric
  • Michigan Funeral Directors Association
  • The Enhanced Protective Glass Association
  • Usui International Corporation
  • Wayne State University

Professional Involvement

  • Life Member, American Law Institute
  • Former Chairperson of State Bar of Michigan, Antitrust and Franchise Law Section
  • Certificate of Completion, ICLE General Mediator Training
  • Member, American Bar Association, Sections of Litigation and Antitrust Law
  • Member, Federal Bar Association
  • Former Adjunct Professor of Law, University of Detroit School of Law (Antitrust and Trial Practice)

Community Involvement

  • Detroit Goodfellows, Old Newsboys
  • St. Andrews Society of Detroit

Publications/Presentations

  • “Navigating Recent Trends and Developments in the False Claims Act, a 2017 Outlook”, The Knowledge Group (April 12, 2017)
  • “The Top Ten Things for a Supplier to Consider in Terminating A Distributor”, The National Law Review (March 25, 2014)

Courts

  • United States Supreme Court
  • United States Court of Claims
  • Federal Circuit Court of Appeals
  • Court of Appeals for the Sixth Circuit
  • Eastern District of Michigan
  • Western District of Michigan
  • Eastern District of Wisconsin