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Jennifer S.Roach

PartnerCo-Chair, Ethics Committeemoc.eniHnospmohT@hcaoR.refinneJ
Cleveland

O 216.566.5885

Jennifer S.Roach

Partner
Co-Chair, Ethics Committeemoc.eniHnospmohT@hcaoR.refinneJ
Cleveland

O 216.566.5885

Focus Areas

A representative sampling of Jen’s experience includes the following:

Antitrust and Dealer or Sales Representative Termination Cases

  • Representing utility companies in action alleging price fixing by four Class I railroads, In re Rail Freight Fuel Surcharge Antitrust Litigation.
  • Obtained dismissal of counterclaims alleging price discrimination under the Robinson-Patman Act for a publicly traded distributor of thermoplastic resins.
  • Defended a manufacturer of flooring compounds for commercial construction applications against counterclaims alleging secondary-line price discrimination under the Robinson-Patman Act.
  • Represented manufacturers of material handling, equipment and outdoor power equipment in litigation brought by dealers in several states involving, among others, the New Jersey Franchise Practices Act (NJFPA), Wisconsin Fair Dealership Law (WFDL), Texas Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act and the Minnesota Heavy and Utility Equipment Manufacturers and Dealers Act (MHUEMDA).
  • Defended manufacturers in actions alleging termination of sales representative agreements in violation of sales representative statutes in Minnesota, Ohio, Texas, California and other states.

Counseling on Antitrust, Product Distribution and Competition Matters

  • Drafting and advising on the terms of dealer, distributor, sales representative and other product distribution or supply arrangements for clients engaged in the manufacture or supply of welding equipment, outdoor power equipment, heavy equipment, high-pressure laminates, apparel, hair care, material handling equipment and medical products.
  • Providing guidance to manufacturing clients on termination or appointment of dealers and distributors in the United States and internationally.
  • Advising manufacturing clients on the legality of product distribution restraints.
  • Counseling clients on product pricing, MAP, discounts and advertising programs under state and federal price discrimination laws and internet sales policies.

Unfair Competition, Advertising and Trade Secret Litigation

  • Obtained a directed verdict for a leading provider of early childhood products and furniture after a two-week trade secret misappropriation trial that was affirmed on appeal.
  • Successfully defended a preliminary injunction motion on behalf of a defendant in Lanham Act false advertising litigation filed in New Jersey federal court. Decision affirmed on appeal to the Third Circuit.
  • Obtained preliminary injunctions for major providers of pharmacy products and distributor of spinal devices against former salespersons who went to work for competitors.
  • Defeated preliminary injunction motion brought by former business partner against provider of secured text messaging services to doctors and hospitals.
  • Obtained summary judgment for a publicly traded provider of engineering, construction and technical services to government agencies and private sector companies around the world in a case involving allegations of copyright infringement, trademark infringement, unfair competition, tortious interference and breach of contract.
  • After a three-week trial, but prior to a jury verdict, secured a successful settlement for an engineering design company in a case involving the alleged copyright infringement of architectural plans for a tissue manufacturing plant and violation of the Computer Fraud and Abuse Act. Received a favorable decision on a defense motion for summary judgment in a trade secret misappropriation claim involving manufacturing process design in the same matter.
  • Co-presenter, “Legal Ethics: Expectations and Client Communications,” myLawCLE, August 2023
  • Co-presenter, “Hot Topics in Antitrust,” Thompson Hine Competition Cafe Podcast Series, May 2022
  • Co-presenter, “Presidential Executive Order Targets Changes in Antitrust Enforcement,” Thompson Hine Competition Cafe Podcast Series, April 2022
  • Co-presenter, “Mitigating Supply Agreement Risks: Structuring Defense, Indemnity, and Insurance Provisions, Allocating Liability Between Manufacturers, Suppliers, and End Sellers; Maximizing Insurance Coverage for Losses,” Strafford Webinar, February 16, 2021
  • “Certifying Antitrust Class Actions: Applicability of Daubert at Class Certification,”  Fifth Annual Great Lakes Antitrust Institute
  • “Till Death – Or Later – Do You Part: Tips To Manage The Risk And Structure Your Relationships With Distributors And Sales Representatives,” OSBA Annual Convention, Antitrust Section
  • “Keeping Clients Out of Trouble in Troubled Economic Times: How Antitrust Laws Apply to Business Strategies in an Economic Downturn – Vertical Restraints,” OSBA Annual Convention, Antitrust Section
  • “Taking and Defending Effective Depositions in Ohio,” Independence, Ohio
  • “Motion Law: From Basic to Advanced Procedures,” Cleveland, Ohio
  • Listed as a Litigation Star by Benchmark Litigation, 2023, 2024
  • Selected for inclusion in Chambers USA: America’s Leading Lawyers for Business, Litigation: General Commercial, Ohio, 2021-2024
  • Selected for inclusion in The Best Lawyers in America® 2016-2022 for Commercial Litigation; 2023-2025 for Antitrust Law and Commercial Litigation
  • Selected to the Ohio Super Lawyers list, 2022, 2023, 2024
  • Selected to the Ohio Rising Stars list, 2010-2015
  • YWCA Women of Professional Excellence, 2010

Professional Associations

  • American Bar Association

Professional Activities

  • Editorial Board, Annual Review of Antitrust Law Developments, American Bar Association’s Antitrust Section, 2013-2017
  • National Institute of Trial Advocacy Deposition Skills Programs, Instructor

Community Activities

  • PetFix Northeast Ohio, Board of Directors, May 2010 to present
  • Mobilize the Vote, volunteer
  • Pet Partners, volunteer, 2009-2021
  • YWCA Women’s Leadership Boot Camp, Class of 2009-2010
  • Cleveland Bridge Builders, Class of 2007-2008
  • Therapy Dogs International, volunteer, 2001-2009

 

Education

  • Northwestern University School of Law, J.D., 2001
  • Duke University, A.B., 1997,
    cum laude

Bar Admissions

  • Ohio

Court Admissions

  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Southern District of Ohio
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Supreme Court
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