Maxwell J. Goss

Experienced in a broad range of complex litigation matters, Max focuses his intellectual property litigation practice on trade secret misappropriation, trademark, patent, and copyright infringement, and IP licensing disputes. He also maintains an active business litigation practice with an emphasis on non-compete disputes and shareholder litigation. In addition to his litigation docket, Max provides strategic advice to businesses and professionals on intellectual property, internet, technology, and business law matters.

Max is a frequent writer and speaker on trade secret law and other topics, and is the host of the podcast, The Litigation War Room.

Max works with businesses of all sizes and with professionals in all fields. He has represented clients in industries including medical device, healthcare, manufacturing, autonomous vehicle technology, software, human resources, e-commerce, entertainment, hospitality, food and beverage, construction, financial services, and logistics, to name a few.

Max started his career at the elite law firm Akin Gump Strauss Hauer & Feld, LLP, where he was trained by one of Texas’s premier business trial lawyers. Max also practiced with a patent litigation boutique in Texas and a large Midwest commercial law firm. Prior to joining Fishman Stewart, he managed his own successful law firm.

Max is licensed in Michigan and Texas and admitted to practice in many federal trial and appeals courts around the country. He litigates in Michigan and around the country. Max is not a licensee of the State Bar of California.

Max was born in Detroit and grew up in the resort town of Charlevoix, Michigan. Before law school, Max earned a Ph.D. in philosophy and had the pleasure of teaching logic, ethics, and other subjects at several universities.

• Notre Dame Law School J.D., with honors,
  Executive Articles Editor, Notre Dame Law Review
• Western Michigan University, B.A., Presidential Scholar

Professional Associations/Memberships

• Michigan Intellectual Property Law Association
• Civil Procedure and Courts Committee of the State Bar of Michigan
• Oakland County Bar Association
• Oakland County Bar Foundation
• Society for Law and Culture (Director)
• Texas Exes-Michigan Chapter (President)
• Notre Dame Club of Detroit (Lawyers Committee)

Admitted

• U.S. District Court – Eastern District of Michigan
• U.S. District Court – Western District of Michigan
• U.S. District Court – Northern District of Ohio
• U.S. District Court – Northern District of Illinois
• U.S. District Court – District of Colorado
• U.S. District Court – Eastern District of Texas
• U.S. District Court – Western District of Texas
• U.S. District Court – Northern District of Texas
• U.S. District Court – Southern District of Texas
• U.S. Court of Appeals – Federal Circuit
• U.S. Court of Appeals – Sixth Circuit
• State Bar of Michigan
• State Bar of Texas

Professional Honors & Recognitions:

• DBusiness Top Lawyers, Intellectual Property Litigation, 2021
• Best Lawyers Ones to Watch, 2021
• Super Lawyers,  2020 – present
• Super Lawyers Rising Stars, 2018-2019

Articles, Speaking Engagements, and Webinars

• “Pleading and Proving a Trade Secret Case,” Michigan Bar Journal (Spring 2022)
• “Protecting Trade Secrets in the Evolving Workplace,” Michigan Lawyers Weekly (September 2021)
• “Pleading and Proving a Defamation Case,” Litigation Journal (Fall 2017)
• “Choice of Law in Noncompetition Law and Litigation,” Michigan Bar Journal (2016)
• Multiple guest posts on the Defend Trade Secrets Act on Patently-O
• Multiple presentations on topics including The Defend Trade Secrets Act and shareholder oppression

Best Value Auto Parts Distributors, Inc. v. Quality Collision Parts, Inc. et al. | Court: United States District Court for the Eastern District of Michigan | Nature of Suit: Trade Secret

Sucxess LLC v. AutoX Technologies, Inc. | Court: United States District Court for the District of Delaware | Nature of Suit: Patent

JVIS-USA, LLC v. NXP Semiconductors USA, Inc., et al. | Court: United States District Court for the Eastern District of Michigan | Nature of Suit: Contract

North American Specialty Insurance Company v. Titan Retail Development Industries, LLC, et al. | Court: United States District Court for the Eastern District of Michigan | Nature of Suit: Contract

Sahi Cosmetics L.L.C v. Rea.Deeming Beauty, Inc. D/B/A Beautyblender | Court: United States District Court for the Eastern District of Michigan | Nature of Suit: Trademark

Pepperman et al. v. Power Home Solar LLC et al. | Court: Oakland County Circuit Court | Nature of Suit: Contract

Ziebart International Corporation v. Z Technologies Corporation | Court: United States District Court for the Eastern District of Michigan | Nature of Suit: Trademark

Xoran Holdings LLC et al. v. Luick et al. | Court: United States District Court for the Eastern District of Michigan | Nature of Suit: Trade Secret

ABG Prime Group v. Innovative Salon Products | Court: United States District Court for the Eastern District of Michigan | Nature of Suit: Trademark

ADP LLC v. Capote | Court: United States District Court for the Western District of Texas | Nature of Suit: Trade Secret

Wyers Products Group v. Cequent Performance Products, Inc. | Court: United States District Court for the District of Colorado | Nature of Suit: Patent

Ancestry Operations, Inc. v. DNA Diagnostic Center, Inc. | Court: United States District Court for the Southern District of Ohio | Nature of Suit: Trademark