Sam J. Vitale

Litigation and Family Law Attorney

Sam is a member of the Litigation and Family Law practice teams and handles a wide range of commercial and domestic relations matters.

Sam represents individuals and entities in complex commercial litigation, including shareholder oppression claims, breach of contract actions, property disputes, trade secret claims, construction litigation, collection and landlord/tenant matters. Sam’s expertise in handling intricate legal issues allows him to efficiently and effectively guide clients through the litigation process while protecting their interests and achieving their goals.

In his Family Law practice, Sam helps clients dealing with emotionally charged custody and parenting time issues, as well as complex marital and separate property matters. Sam works to place his clients in a position to succeed at trial, while remaining committed to finding efficient, cost-effective solutions without the need for expensive litigation. He has experience in all matters involving divorce, custody, parenting time, paternity, child support, property settlement, same-sex parenting time agreements and personal protection orders.

Sam has particular experience and success in appellate matters. He recently obtained a unanimous decision from the Michigan Court of Appeals, vacating a Wayne County Family Court decision to modify custody and parenting time. In a matter involving the Computer Fraud and Abuse Act, Sam led the team that prevailed on a motion to dismiss in the U.S. District Court, defended the dismissal on appeal before the Sixth Circuit Court of Appeals, and successfully argued for the denial of a writ of certiorari from the U.S. Supreme Court.

Sam was named by Best Lawyers^® as one of the 2022 “Ones to Watch,” a designation given to attorneys who are earlier in their careers in recognition of their outstanding professional excellence in private practice.

Experience

Family Law

Negotiated settlements of numerous high-conflict divorces, addressing issues of parenting time, custody, child support, property division, retirement benefits, protection of client-owned businesses.

Successfully represented appellants in a family law matter. Following a family court decision in which custody was granted to the client’s former spouse, Vitale argued that a working parent’s employment status should not be used against them in a custody decision. The Michigan Court of Appeals agreed and vacated the trial court’s orders.

Experience with dealing with child support and spousal support issues arising out of an individual’s cash income and income derived from a sole proprietorship.

Tried cases in Wayne and Oakland County regarding custody, support, parenting time and asset division.

Handled matters with unique and challenging circumstances, including jurisdictional issues related to changes in a child’s residence, issues of domestic violence and emotional abuse.

Business and Commercial Litigation

Represented owners, contractors, and subcontractors in connection with commercial construction disputes.

Obtained dismissal of a client’s former employer’s claim for violations of the Computer Fraud and Abuse Act, prevailed on the former employer’s appeal to the Sixth Circuit Court of Appeals, and succeeded in defending against the employer’s request for review in the U.S. Supreme Court.

Successfully defended and/or pursued numerous shareholder and partnership disputes relating to minority interests and shareholder oppression claims, and contract and business tort cases.

Successfully obtained judgment for full balance owed on claim for account stated and an award of attorney’s fees.

Honors and Recognitions

Best Lawyers in America^®, Ones to Watch, Family Law, since 2021

Michigan Super Lawyers^®, Rising Star since 2013

Professional Affiliations

Oakland County Bar Association

State Bar of Michigan

Wayne County Bar Association

Community Involvement

Birmingham Community House, Presidential Advisory Committee

Presentations

Institute of Continuing Legal Education (ICLE), “Divorce Cases with International Issues,” program, presented December 12, 2017