Representative Experience

The vast majority of complex business disputes end in settlement, and the vast majority of those settlements are confidential.  For this reason, the results of many matters, while excellent results, are confidential and not disclosed here.

Complex Contract Disputes

• Representation of businesses in contract disputes, whether counseling behind the scenes at the first sign of an issue, preserving disputed issues based on contractual notification and cure procedures, providing opportunities for effective and creative resolution prior to formal litigation, or asserting clients’ rights in court, arbitration or mediation.
• Representation of parties to the sale of a business or assets in post-sale disputes, including successful representation of purchaser in fraudulent misrepresentation of financials.
• Representation of partners and members in partnership and limited liability company disputes among owners.
• Representation of manufacturer in a dispute with a supplier alleging that the manufacturer had agreed to a requirements contract.
• Successful representation on multiple occasions of companies that contract for repairs, installations or additions to industrial equipment.
• Successful representation of an owner in dispute with contractor that performed repairs to industrial equipment.
• Successful representation of a general contractor in arbitration of dispute with an owner on a commercial construction project.
• Successfully represented a toll manufacturer of components in dispute with equipment manufacturer involving disputes over quality and specifications.
• Successfully represented a long-term lessee of a commercial building against claims for damage to building.
• Defense of manufacturer of industrial manufacturing equipment in breach of warranty action.

Fiduciary/Trust Litigation

• Representation of bank clients in breach of duty/contract disputes.
• Representation of estates, beneficiaries, and fiduciaries in estate, competency, and undue influence disputes.
• Representation of beneficiaries in trust and will interpretation disputes.

Trade Secrets/Non-Compete/Non-Disclosure

• Successfully obtained a settlement in the amount of $35 million on behalf of a pharmaceutical client in a multi-jurisdictional, multinational litigation based on claims of patent infringement, and for misappropriation of trade secrets, breach of contract, fraud and conspiracy.
• Protection of trade secrets of third parties brought into litigations.
• Enforcement of non-competition and non-disclosure covenants against employees; advise clients regarding documentation and protection of trade secrets.
• Successfully enforced non-compete and non-disclosure covenants against Director of Research and Development on behalf of a franchisor, including obtaining temporary and preliminary restraining orders.

Federal Statutory Claims

• Defense of law firms against Fair Debt Collection Practices Act (FDCPA) claims and businesses against Fair Credit Reporting Act (FCRA) claims and Telephone Consumer Protection Act (TCPA) claims.
• Successfully obtained summary judgment in favor of an employer sued for vicarious liability after one of its senior employees pulled a credit report of a former spouse and the former spouse sued for violation of the Fair Credit Reporting Act, and successfully defended appeal, resulting in no liability.
• Defense of a contractor from claims of discrimination in awarding contracts in violation of United States Department of Housing and Urban Development regulations.

Shareholder and Securities Litigation

• Representation of shareholders in disputes among shareholders in closely held corporations, business “divorces” and minority shareholder freeze-outs; representation of companies and directors in securities litigation.
• Obtained dismissal of putative class action brought against company and directors to block a $2.5 billion merger, claiming breach of fiduciary duty and violations of Sections 14(a) and 20(a) of the Securities Exchange Act of 1934.
• Obtained jury verdict awarding damages on a breach of contract claim between physician shareholders of a close corporation.
• Successful representation of minority shareholder in freeze-out action against fellow shareholders.

Product Liability Litigation

• Representation of businesses in product liability litigation, from large scale construction equipment to juvenile furniture products, including rapid deployment of incident investigation, recalls, customer alerts, and advice in quality and process improvement.
• Defense of a major automotive manufacturer in product liability actions involving fire damage.

Franchise Litigation

• Representation of businesses in franchise disputes, including breach of franchise agreement and related agreements, and intellectual property disputes.

Intellectual Property Litigation

• Representation of businesses in disputes involving intellectual property, including copyright infringement, trademarks, patents and licensing rights.
• Representation of licensees in disputes regarding the breadth and scope of licenses and in disputes regarding royalty payments owed, including scope and calculation of royalties.
• Successful representation of client in enforcement of patent rights, including out of court resolutions and patent litigation.
• Successful representation of client in enforcement of trade secret and patent rights in a process.
• Defense of a national pet supplies retailer against false advertising, trademark infringement, unfair competition, cybersquatting, and violation of the Sherman and the Robinson-Patman Acts claims.

Other Matters

• Successful representation of a coalition of park districts as amici before the Ohio Supreme Court on the constitutionality of Ohio’s Recreational User Statute.
• Routine representation and counseling of mental health organization regarding privacy and privilege issues, including response to and opposition of requests for information and subpoenas.
• Successful opposition of defense for lack of personal jurisdiction over out of state, non-resident corporation.
• Representation of clients on complex commercial collection cases and execution on judgments.
• Counsel to a condominium association and representation of an association in a variety of litigation matters.
• Defense of insurer in bad faith and breach of duty to insure actions.
• Representation of a business in action against a former accounting firm for professional malpractice.
• Defense of an engineering firm against professional negligence claim.
• Defense on behalf of an insurer of toxic tort action, asserting claims for infliction of multiple chemical sensitivity.
• Representation of landlords in various commercial leasing disputes and eviction actions; representation of commercial tenants in commercial leasing disputes.