Randall J. Gillary

Randall J. Gillary was born in Highland Park, Michigan on October 3, 1951. He received his Bachelor's Degree from the University of Michigan in 1974 and his Law Degree from the Detroit College of Law in 1979. He was admitted to the Michigan State Bar in 1979 and is currently admitted to practice law in the following courts:

• United States Supreme Court

• United States Court of Appeals for the Sixth Circuit

• United States District Court for the Eastern District of Michigan

• United States District Court for the Western District of Michigan

• Michigan Supreme Court

• All Michigan State Courts

• United States District Court for the Eastern District of Wisconsin

• United States Court of Appeals for the First Circuit

• United States District Court for the Northern District of Illinois

Randy has been AV Rated by Martindale-Hubbell, the highest possible peer review rating for legal ability and ethical standards since 1995.  He is also rated as a Super Lawyer.

Randy is a trial lawyer and is also an extensive author and lecturer advocating the rights of manufacturer's representatives.

HIS WORKS INCLUDE:

• "The Three Stages in the Life of a Manufacturer's Representative Agreement", published in Agency Sales Magazine of the Manufacturer's Agents National Association (MANA), March 1995

• "The History of the Procuring Cause Doctrine in Michigan", 74 Mich. B.J. 1264 (1995)

• "What to Do When Your Principal Doesn't Pay Your Commissions", published in Agency Sales Magazine, April 1996

• "Should Your Sales Agreement Contain a Mandatory Arbitration Clause?", published in Agency Sales Magazine, December 1996

• "Are You Sure You are Being Paid the Proper Amount of Commission?", published in Agency Sales Magazine, August 1997

• "Eliminating Conflict of Interest Problems for Manufacturers' Representatives", published in Agency Sales Magazine, December 1997

• "Renegotiating Commissions", published in Agency Sales Magazine, August 1999

• "Providing an Incentive for the Sales Force", published in Agency Sales Magazine, March 2002

• Protecting Your Commissions - A Sales Representative's Guide, R.J. Law Publishing, Troy, Michigan

• "It’s Important to Understand How Your Lawyer Thinks"
  Agency Sales Magazine, September 2012

• "Understanding the Process of Negotiating the Settlement of a Sales Commission Case"
  Agency Sales Magazine, June 2013

• "Don't Be Fooled Again"
  Agency Sales Magazine, April 2014

• "BEWARE of Termination for Cause Language in Your Sales Representation Agreement"
  Agency Sales Magazine, August 2015

• "Don't Trade a Brand New Cadillac for a Used Yugo"
  Agency Sales Magazine, May 2016

• "Liability and Other Insurance Requirements in Sales Representation Agreements"
  Agency Sales Magazine, February 2017

• "Don't Negotiate Your Contract Backwards"
  Agency Sales Magazine, April 2018

• "Asset Sales Protection for Sales Representatives - Part 1"
  Agency Sales Magazine, June 2018

• "Asset Sales Protection for Sales Representatives - Part 2"
  Agency Sales Magazine, July 2018

• "Non-Compete Language in Sales Rep Agreements"
  Agency Sales Magazine, April 2019

• "Don't Cash That Check"
  Agency Sales Magazine, August 2019

• "Sometimes a Bad Contract Can Be a Good Thing"
  Agency Sales Magazine, November 2019

CO-AUTHOR WITH KEVIN P. ALBUS OF:

• "Unsupportable Limitations on Michigan's Procuring Cause Doctrine in the Case of Roberts Associates, Inc. v. Blazer International Corp.", 2004 Mich. St. L. Rev. 101

• "Michigan's Sales Representative's Act Revisited -- Again -- Or, Does 'Intentionally' Mean 'In Bad Faith'?", 2001 L. Rev. Mich. St. U. Det. C.L. 965

MEMBERSHIPS & AWARDS:

• Eagle Boy Scout

• Member and former Director, Detroit Golf Club

• Named 2002 Michigan Lawyer of the Year

• Michigan Super Lawyer

• President, The Kimberly Anne Gillary Foundation

• President, The Detroit Golf Club Caddie Scholarship Foundation

• Member, Detroit Athletic Club

• Member, One Hundred Club of Detroit

• Member, Oakland County Bar Association

• Member, State Bar of Michigan (Character & Fitness Committee; Special State Bar Counsel)

• Member, Manufacturers Agents National Association

• American Heart Association Heart Saver Award

• The Roeper School Golden Apple Award

• American Heart Association Cor Vitae Award for Community Service

• President, Wolverine Rangers Cowboy Action Shooting Association, Inc.

• Life Member, Single Action Shooting Association and Territorial Governor

• NRA Life Member

PUBLISHED CASES:

• Kenneth Henes Special Projects v. Continental Biomass Industries, Inc., 468 Mich. 109; 659 N. W. 2d 596 (2003)

• Weldon v. Great White North Distribution Services, L.L.C. 197 F. Supp. 2d 893 (E.D. Mich. 2002

• Kenneth Henes Special Projects v. Continental Biomass Industries, Inc., 86 F. Supp. 2d 721 (E.D. Mich. 2000)

• Holland v. Earl G. Graves Publishing Co., Inc., 33 F. Supp. 2d 581 (E.D. Mich. 1998)

• Holland v. Earl G. Graves Publishing Co., Inc., 46 F. Supp. 2d 681 (E.D. Mich. 1998)

• Reed v. Citizens Ins. Co. of America, 198 Mich. App. 443; 499 N. W. 2d 22 (1993)

• Roberts Associates, Inc. v. Blazer International Corp., 741 F. Supp. 650 (E.D. Mich. 1990)

• Manley v. Detroit Auto Inter-Insurance Exchange, 425 Mich. 140; 388 N. W. 2d 216 (1986)

• Manley v. Detroit Auto Inter-Insurance Exchange, 127 Mich. App. 444; 339 N. W. 2d 205 (1983)

OTHER SIGNIFICANT VICTORIES:

• Votar, L.L.C. v. HS R&A Co., Ltd., 370 Fed. Appx. 583; 2010 WL 960313 (C.A.6 (Mich)) 2010 -- Sales commission dispute in which Randy and Kevin prevailed at trial, winning a jury verdict of approximately $3 million plus continuing future sales commissions. The defendant appealed, but Randy and Kevin again prevailed, and the case was eventually settled for $8.3 million.

• Gerard Thomas Company, Inc. v. S&T Daewoo Co., Ltd. -- Sales commission dispute in which Randy and Kevin prevailed in an arbitration, winning an award in favor of their client in the amount of $8.4 million.

PERSONAL:

Randy is a firm believer that in a high stress business like litigation, it is important to have ways to decompress. He does this in several ways. In the golf season, Randy likes to practice and play golf. In recent years it has been more practice than playing.

"It is a nice break for me to drive to the Golf Club at lunchtime or after work and just practice my short game for an hour or so."

Part of the reason that Randy plays less golf is that he and his wife, Sue, also regularly compete in the sport of Cowboy Action Shooting. This is a shooting sport where competitors dress like cowboys from the Old West and participate in shooting competitions using pre-1900 rifles, shotguns and pistols. Randy and Sue regularly vacation at a cattle ranch in Wyoming. They also enjoy spending time relaxing at their horse farm in Columbiaville, about an hour north of their home in Troy. As Randy says,

"I watched too many Westerns growing up."