Robert W. O’Brien

Bob O’Brien is a Member of the Firm and an experienced trial lawyer handling a wide variety of commercial, real estate, class action defense, and general civil litigation.

Real Estate

Mr. O’Brien advises clients in all areas of real estate law, including the acquisition, construction, financing, leasing and disposition of real property. He also advises clients on zoning, land use, environmental compliance and environmental due diligence issues. He works with developers, contractors, realtors and investors with site selection, evaluation and acquisition of real property for all types of projects.

Class Action Defense

Mr. O’Brien represents clients in the defense of Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA) cases. He counsels on compliance, prevention and defeating class action claims and handles litigation involving lending and collection practice regulations.

Mr. O’Brien has been counsel in the successful defense of numerous consumer class actions in the United States District Court for the Western District of Michigan, including:

  • representing a health care provider in an FDCPA class action dealing with alleged flat-rating by a collection agency vendor
  • representing an international retailer in class action litigation dealing with generic drug pricing
  • representing an automotive equipment manufacturer and several related entities in two retiree health insurance class action claims
  • representing a communications company in class action litigation filed in Circuit Court and successfully fighting class certification with the trial court, prevailing in the court of appeals on a motion for leave for interlocutory appeal, and also prevailed in the Michigan Supreme Court
  • representing a private manufacturer in four shareholder class action litigation cases filed in the USDC for the Western District of Michigan
  • representing a software developer in class action litigation pertaining to reservation software
  • representing the outside directors of a private corporation in a series of class action shareholder derivative filings litigated in the USDC for the Western District of Michigan
  • representing a large municipality in a lawsuit claiming violations of Michigan’s disability act. The case was dismissed after successfully defeating class certification

Professional Affiliations, Activities and Honors

  • Mr. O’Brien is a member of ACA International, an international trade organization of credit and collection companies.
  • Mr. O’Brien is a member of the National Association of Credit Management (NACM).
  • Mr. O’Brien is listed in “The Best Lawyers in America®” for Commercial Litigation and Litigation – Real Estate.

Education

Mr. O’Brien received his law degree from Michigan State University – Detroit College of Law, 1999, summa cum laude. He received his undergraduate degree in 1990 from Franciscan University. He is admitted to practice law in the State of Michigan.