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Education
Albion College, B.A.
Western Michigan University, M.B.A.
Wayne State University, J.D.
  cum laude
  Order of the Coif

Admitted to Practice
Michigan  1999
U.S. District Court, Eastern District of Michigan  1999

Experience

• Representative list of enterprises for whom, or with whom, Mr. Tupper has negotiated technology development and/or licensing agreements: AAA, AHAC, Alticor, Amazon.com, Apple, Brach's, Brunswick, Campbell-Ewald, Carolee.com, CDI, CDW, Chandon, Cisco, Colgate, Coremetrics, Cornell University, Crate & Barrel, Data Analytics, Eddie Bauer, Endeca, Finish Line, GE Commercial Finance, GE Health Care, Gedas, Glaxco, Godiva Chocolatier, Goodyear, Graco, Home Builders, IBM, IDS/Monolith, IDX, JC Penney, K-Mart, Maidenform, M-Care, Metaldyne, Mercury Marine, Microsoft, Mototron, National Australia Bancorp, Navman, Neiman Marcus, NetIQ, Newell Rubbermaid, Newport News, Northstar, Oakwood Healthcare, Perot Systems, Sara Lee, Scripps Networks, Sharper Image, Spencer Gifts, Spiegel, Spiegel, Stentor, Tibco, UGS, Vignette, VW/Audi, Waterford/Wedgewood, Web Den Interactive, Yahoo!, and Zale.

• Aviation and aerospace transactions, including the purchase, sale, and financing of aircraft and/or fractional interests, contracting for maintenance and operations of air carrier certificate holders, and consultation on regulatory and operational issues. Mr. Tupper recently completed a comprehensive outsourcing transaction involving all operations of the Part 125 carrier that operates Roundball One, the McDonnell-Douglas MD-83 that transports the Detroit Pistons. Mr. Tupper is a private pilot (ASEL, AMEL, ASES, IA, and type-rated (SIC) in the Douglas DC-3). He has flown with the USAF Thunderbirds on an orientation and demonstration flight in the F-16D Fighting Falcon, with the 9th Reconnaissance Squadron in the T-38A companion jet trainer, and with the 559th Flying Training Squadron in the T-6A Texan II, as well as widely-varied other aircraft as part of his podcast and blog coverage of aviation and aerospace.

• Commercial lender, recovery specialist and foreclosure real estate manager at Old Kent Bank (which has since merged into Fifth Third Bancorp) and First of America Bank (which has since merged into National City Corp. and later became a part of PNC Bank). Handled agricultural (including livestock and crop operations), commercial real estate, manufacturing, and service industries. Interfaced with loan review and regulatory personnel regarding compliance and safety and soundness matters.

• Highly experienced in drafting, negotiation, and interpretation of standard purchase terms and conditions for a wide variety of wholesale and retail applications, with special emphasis on Uniform Commercial Code issues.

• Michigan Associate Broker license in Real Estate.

• Contract administrator for Electronic Data Systems Corp. (EDS), administering major technology relationships in the finance and insurance industries.

• Privacy issues for business under both United States and European Union systems.

• Well versed on the Uniform Electronic Transactions Act (UETA) and the Electronic Signatures in Global and National Transactions Act (E-Sign). Consulted nationally in e-signature cases and procedures.

• Outsourcing relationships, including information technology contracts, logistics agreements, backroom operations, call centers, customer service and support, and OCR and other records entry and processing.

• E-commerce agreements including software and systems development, web development and hosting agreements, privacy policies, website terms of use, online sale terms, click-wrap agreements, and joint development agreements.

• Purchase and sale of public and privately-held companies. Transaction roles include:
  • purchase of a consumer marketing consulting company
  • sale of a strategic and technology analysis firm with substantial government contracts
  • sale of a tier-one automotive supplier
  • purchase of a publicly-held building materials wholesaler
  • sale of a credit and risk management service
  • three purchases of reconstruction contracting firms
  • purchase of the manufacturing assets of a building materials supplier
  • sale of web and e-commerce platform provider
  • purchase of lines of business in the tech services industry

• Pro bono projects involving entity formation, governance, and 501(c)(3) qualification for housing, shelter, and veterans' groups.

• Publicly-Announced Transactions
  
  • Negotiation for Metaldyne a 10-year IT outsourcing agreement with Perot Systems
  • Negotiation for Oakwood Healthcare an agreement with IDX for a major software and systems upgrade for the primary patient records system
  • Negotiation for Oakwood Healthcare an agreement with Stentor, Inc. for the hospital system's primary diagnostic imaging storage and retrieval system

Seminars and Speeches

• 4/22/2010  The Legal Officer's Seat Kit: Intellectual Property, New Media, and Social Media, National Legal Officer College (sponsored by Civil Air Patrol), Dallas, Texas

• 8/2009  Aviation Forum at AirVenture Oshkosh in Oshkosh, Wisconsin

• 7/2009  The Value (or Lack Thereof) of New Media and Social Media in Legal Marketing

• 9/2008  Best Practices in Technology Outsourcing

• 8/2008  Aviation Forum at AirVenture Oshkosh in Oshkosh, Wisconsin

• 7/2007  Aviation Forum at AirVenture Oshkosh in Oshkosh, Wisconsin

• 2007  The View from the GC's Desk, Michigan State Journal of International Law Symposium, E-Commerce: Challenges to Privacy, Integrity, and Security in a Borderless World

• 9/2005  Master Class: Resolving Problems between Suppliers and Purchasers

• 4/2005  The Seven Best Practices in Purchasing in Michigan

• 12/2004  Purchasing Basics A-Z in Michigan

• 5/23/2002  Security and Electronic Transactions portion of HIPAA Compliance: Understanding and Implementing the Privacy, Security, and Portability Regulations, Wayne County Government, Wayne, Michigan

• 4/18/2002  Emerging Issues in Electronic Transactions, State Bar of Michigan - Real Property Section, Troy, Michigan

• 2/22/2002  Security and Electronic Transactions portion of HIPAA Compliance: Understanding and Implementing the Privacy, Security, and Portability Regulations, Detroit, Michigan

• 5/10/2001  Michigan IT Summit, Michigan I-Team, Cobo Center - Detroit, Michigan

• 2/7/2001  I-Team E-Commerce Seminar, Michigan I-Team, East Lansing, Michigan

Publications

•  Regular blog contributor for Aircraft Owners and Pilots Association (AOPA) Let's Go Flying website (www.letsgoflying.com), which is part of AOPA's outreach efforts aimed at encouraging new pilot training starts and continuation of pilot training

• "Airspeed: The First Two Years Aloft - Essays, Rants, Ruminations and the Big Dream from the First Two Years of the Airspeed Podcast,"   (December 2007)

•  Publisher of "Airspeed", an aviation and aerospace podcast and blog (www.airspeedonline.com)

• "Getting the Information Technology Agreement Technology Done in the Age of Killer Patents," Michigan Bar Journal 36-39 (with Gail Bacon of Fry, Inc.)  (May 2005)

• "Electronic Signatures: Know the Risks and Rewards," Association News 20-21, Michigan Society of Association Executives  (2004)

• "Click with Caution: Courts Are Upholding Electronic Signatures in Transaction Documents," Commercial Increment Real Estate  (2004)

• "Making Electronic Signatures Stick," Michigan Bar Journal 24-28 (Co-authored with Donald M. Crawford)  (March 2003)

• "The E-Commerce Legal Arsenal: Practitioner Agreements and Checklists,"  American Bar Association - Section of Science and Technology Law (Contributor)  (2002)

• "A Practical Guide to E-Business Law,"  Institute for Continuing Legal Education (Contributor)  (2001)

• "The Road to the All-Digital Closing: UETA and E-Sign in Michigan Real Property Transactions," Michigan Real Property Review, State Bar of Michigan - Real Property Section  (May 2001)

• "From Seal to Cyber-Notary: Uncertainty in Electronic Commerce and the Case for a Digital Signature Law in Michigan," Wayne Law Review Vol.45 No.1  (July 1999)

Professional Associations

• National Business Aviation Association

• State Bar of Michigan (2006-2007 Chair of the Information Technology Law Section)

Civic and Cultural Involvements

• Private Pilot (ASEL, AMEL, ASES, IA, Douglas DC-3 (SIC) type rating)
  
  
• Major, Civil Air Patrol (United States Air Force Auxiliary) - Rated pilot and assistant legal officer - Michigan Wing (National Commander's Commendation (2009))
  
  
• Member - Aircraft Owners and Pilots Association
  
  
• Member - Experimental Aircraft Association
  
  
• Member - International Aerobatic Club
  
  

Awards

• Recognized in The Best Lawyers in America 2007, 2008, 2009, 2010 and 2011
  
  
• Named a Michigan Super Lawyer by Law & Politics for 2008
  
  
• Distinguished Graduate, Civil Air Patrol National Emergency Services Academy - Mission Aircrew School (2010)