Overview

Joseph Aviv is a respected litigator who focuses his practice on complex matters related to mergers and acquisitions, corporate governance, securities, class actions, constitutional law, and trusts and estates in Federal and state trial and appellate courts. He also handles matters related to constitutional law and non-routine matrimonial and divorce matters involving the valuation of family businesses.

Joe has received high praise from many peer and client reviewed publications (see Honors tab). The well-regarded publication Chambers USA: America's Leading Lawyers for Business has listed Joe as a top litigator since 2005. In 2021, Chambers wrote: “[Joe] has broad-ranging disputes expertise, with a particular emphasis on securities and class action litigation, in addition to his work on behalf of private clients. One client notes, ‘He is very detail-oriented and precise.’”

In addition to his practice, Joe has taught constitutional law related to family law as an adjunct professor at the University of Michigan Law School.

Services

Experience

Representative Matters

Corporate Litigation Cases
  • Advised Taubman Centers, Inc., and The Taubman Realty Group Limited Partnership in a $9.8 billion merger and joint venture with Simon Property Group, Inc., and Simon Property Group, L.P.
  • Represented Taubman Centers, Inc., and The Taubman Realty Group Limited Partnership in Simon Property Group, Inc. v. Taubman Centers, Inc., No. 2020-181675-CB (Mich. Cir. Ct. Oakland County), a civil action brought by Simon, seeking a judgment that Simon had validly terminated the parties’ Agreement and Plan of Merger because Taubman had suffered a Material Adverse Effect due to the COVID-19 pandemic and had breached its covenant to conduct its business in the ordinary course
  • Represented Taubman Centers, Inc., and its directors in five shareholder class actions challenging Taubman’s proxy in connection with its Agreement and Plan of Merger with Simon Property Group, Inc.
  • Glancy v. Taubman Ctrs., Inc., 373 F.3d 656 (6th Cir. 2004 - takeover, class action
  • Simon Property Group, Inc. v. Taubman Ctrs., 261 F. Supp. 2d 919 (E.D. Mich. 2003) - hostile takeover litigation
  • Mount Elliott Cemetery Ass'n v. City of Troy, 171 F.3d 398 (6th Cir. 1999) - religious freedom
  • Southwest Comty. Resources, Inc. v. Simon Property Group, LP, 108 F. Supp. 2d 1239 (D.N.M. 2000) - free speech
  • New Jersey Coalition Against War in the Middle East v. J.M.B. Realty Corp., 138 N.J. 326, 650 A.2d 757 (1994), denied, Short Hills Assocs. v. New Jersey Coalition Against War in the Middle East, 516 U.S. 812 (1995) - free speech
  • Woodland v. Michigan Citizens Lobby, 423 Mich. 188, 378 N.W.2d 337 (1985) - free speech
  • Cologne v. Westfarms Assocs., 192 Conn. 48, 469 A.2d 1201 (1984) - free speech
Matrimonial Matters
  • Achieved successful settlements of substantial property cases involving complex valuation issues
  • Successfully represented clients in marital fraud cases
  • Acted as mediator in non-routine divorce case mediations
  • Acted as expert in divorce cases

Prior Experience

  • Miro Weiner & Kramer, P.C., Shareholder and Head of Litigation, 1981-2004
  • Smith, Miro, Hirsch and Brody, Associate, 1979-1981
  • County of Westchester, State of New York, Assistant District Attorney, 1975-1979

Academic Appointments

  • University of Michigan, Adjunct Professor, Family Law

Credentials

Education

Admissions

Court Admissions

Recognition

Awards

  • Listed in Chambers USA: America's Leading Lawyers for Business, 2005-2023
    • Recognized as one of America's leading business lawyers in the General Commercial Litigation field in Michigan; Chambers USA wrote:
      • "[Joe] is very thoughtful and precise. He's a very fine lawyer."
      • “[Joe] has broad-ranging disputes expertise, with a particular emphasis on securities and class action litigation, in addition to his work on behalf of private clients. One client notes, ‘He is very detail-oriented and precise.’”
      • “[Joe] is well known for his depth of analysis, and sources praise him as a “a top guy” in his field.”
      • “[Joe] has considerable experience in handling litigation concerning corporate governance, securities disputes and class actions. He is also noted for his expertise in trusts and estates matters.”
      • “[Joe]'s litigation practice includes advising on corporate governance, securities, class actions, constitutional law and trusts and estates. Sources describe him as ‘a very careful, thoughtful and talented lawyer.’”
      • “[Joe] is best known for his work on complex family, matrimonial, estates and trusts litigation. Clients are satisfied that ‘he pays meticulous attention to detail and his advice is clear, crisp and precise.’”
      • “[Joe] maintains ‘an excellent reputation as a trial lawyer and litigator’ in this sphere, gaining particular recognition for the diversity of his practice, which encompasses family law litigation surrounding trusts and estates, and securities class actions.”
      • “[Joe] demonstrates ‘attention to detailand ‘puts forth an excellent written product,’ note admiring sources. He often advises high net worth individuals and families on a variety of areas, including their businesses, trusts and estates, and related litigation.”
      • “[Joe] is a ‘very able litigator’ who is praised for his expertise in areas such as corporate and securities litigation. He also has special expertise in matrimonial and family law, and sources say ‘you always want to have him on your side in a battle.’”
      • "[Joe is] highly regarded. He is known for handling securities, class action and corporate governance."
      • “[Joe is] ‘exacting in his analysis, articulate and persuasive,’ according to clients. He concentrates on securities and class action cases, as well as bet-the-company matters.”
      • “[Joe is] considered a ‘highly talented litigator’ who advises on complex matrimonial, probate and federal tax matters.”
      • “[Joe is] highlighted as ‘the complete package – he is a perfect gentleman and an astute attorney.’ He guides clients through complex securities and class action litigation, and is considered one of the state's premier divorce lawyers. In recent times, he has acted for a number of officers and directors of companies in connection with alleged violations of fiduciary duties.”
      • “[Joe is] widely admired as Michigan's leading attorney for ‘especially high-end divorce work.’ He is also acclaimed for his class action capabilities and his work relating to company directors and officers in breach-of-agreement disputes.”
      • “[Joe is] ‘a leading, customer service-oriented professional,’ who combines a complex litigation practice with expertise in family law and divorce matters. His large cases of late include an ongoing international securities fraud class action, defending the issuers, affiliates and officers in a matter involving a Michigan-based company traded on the Toronto Stock Exchange. Other matters have included work in the areas of real estate and domestic fraud.”
      • “[Joe is] a towering figure in the field of corporate litigation, where he focuses on stockholder disputes, often of closely held corporations, and issues regarding alleged fraudulent practices.”
      • “Clients described him as “simply one of the smartest people I have ever met.’”
  • The Best Lawyers in America, 2006-2024
    • Recognized in practice areas of:
      • Bet-the-Company Litigation
      • Commercial Litigation
      • Family Law
      • Litigation - Mergers and Acquisitions
      • Litigation - Securities
      • Litigation - Trusts and Estates
    • Bet-the-Company Litigation "Lawyer of the Year," 2023
    • Litigation - Securities "Lawyer of the Year," 2019
  • DBusiness, Top Lawyers, 2010-2015 and 2018-2019
  • Law Bulletin Media
    • Leading Lawyers, Commercial Litigation, 2017, 2023
    • Leading Lawyers, Family Law, 2017, 2023
    • Leading Lawyers, Trust, Will & Estate Planning Law, 2017, 2023
  • Leading Lawyers Magazine Michigan, 2017
    • Top-listed in several areas, including:
      • Top 10 Leading Lawyers
      • Top 10 Leading Consumer Lawyers
      • Top 10 Leading Family Lawyers
      • Top 100 Leading Lawyers
      • Top 100 Leading Consumer Lawyers
      • Top 100 Leading Business Lawyers
  • Michigan Super Lawyers, 2006-2023
    • Named as one of the:
      • Top 50 Business Super Lawyers, 2013-2017
      • Top 100 Super Lawyers, 2006-2023
      • Top 10 Super Lawyers, 2008-2016
      • Top 5 Business Super Lawyers, 2015
  • Benchmark Litigation, Local Litigation Star, 2019
  • Michigan Lawyers Weekly, Recognized as one of 30 Leaders in the Law, 2013
  • The Lawdragon
    • Lawdragon, 2006, describes him: "A top securities litigator, he also determines companies' dollar values when execs divorce their spouses."
    • Recognized as one of the top 500 litigators in the United States, 2006
    • Recognized as a finalist for 2010
    • Recognized as a 10th Anniversary Lawdragon Honoree
  • Featured in Michigan Super Lawyers cover story "Tell Aviv," 2009
  • Michigan Lawyers Weekly, 2003 Lawyer of the Year (for "handling one of the most complicated and publicized corporate cases in Michigan history")
  • Martindale-Hubbell AV® Preeminent™ Peer Review Rated

Professional & Community Involvement

  • Oakland County Bar Association
  • Federal Bar Association
  • American Bar Association
  • State Bar of Michigan
  • American Academy of Matrimonial Lawyers
    • Fellow, 2001-present
    • Michigan Chapter
      • President, 2015-present
      • Vice President, 2013
  • American Inns of Court, Oakland County Chapter
    • Master, 2006-present

News & Insights

News

Press Releases

Events

Publications

  • Buy-Sell Agreements in Divorce
    Publication | ICLE Family & Closely Held Business Institute |
  • Enforcement of Property Settlements
    Publication | ICLE |
  • Separate Property in Michigan: Determination of Active vs. Passive Appreciation
    Publication | American Academy of Matrimonial Lawyers |
  • The Legal Significance of Pricing Formulae in Buy-Sell Agreements in the Equitable Division of Property - an Open Question in Michigan
    Publication | 31 Michigan Family L. J. 3 |

From Chambers USA

“[He is] a towering figure in the field of corporate litigation.”

“Clients described him as “simply one of the smartest people I have ever met.’”

“[Joe is] ‘exacting in his analysis, articulate and persuasive,’ according to clients. He concentrates on securities and class action cases, as well as bet-the-company matters.”


Named Bet-the-Company Litigation "Lawyer of the Year" in 2023 by Best Lawyers in America

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