Overview
Jim enforces contracts for business plaintiffs and defendants, and fights doggedly for clients’ legal rights and commercial interests.
A former educator and author, Jim has built expertise in civil procedure, the handling of evidence, and lucid storytelling on behalf of businesses. Whether defending a class action, navigating a bankruptcy, or pursuing a derelict IP licensee, he maintains focus on the case-management skills that contain costs, looking to prevail at the right moment with overwhelming force using resources proportional to the prize. Jim represents international conglomerates, startups, regional utilities, transportation and logistics firms, buyers and sellers of businesses, and (on a pro bono basis) Cleveland senior citizens — all of them confronting unbusinesslike, unreasonable behavior creating problems that Benesch can solve.
Featured endorsements
Experience
Before the Supreme Court of Ohio, as primary advocate on second appeal, prevailed on behalf of public utility to establish new rule of easement interpretation in support of safety programs for high-voltage lines: under Ohio law, ancient easement documents are now presumed to authorize the use of new technology. Corder v. Ohio Edison Co., 2024-Ohio-5432.
On behalf of sports-management company IMG, won complete defense verdict as principal draftsman and third chair in month-long jury trial, ending eighteen-year litigation over claim of fiduciary breach by family of a professional athlete.
Currently representing IMG in two litigations against Arnold Palmer Enterprises, to establish that ongoing drink licensing revenue is commissionable under the legendary “handshake” deal between the golfer and his agent.
Currently representing TKO in federal copyright litigation related to the horns in John Cena’s “walkout” song “The Time Is Now.”
Before the newly founded Texas Business Court on behalf of private-equity platform, as defendant in prematurely filed litigation over alleged eight-figure earnout, prevailed in enforcing contract and secured judgment for over a third of a million dollars in attorney fees.
On behalf of national events management company, asserted antitrust counterclaims in breach-of-contract arbitration against an international trade association. Highly favorable settlement enabled client’s continued long-term ownership and operation of business unit.
Successfully defended Learfield IMG College in federal litigation brought by former Buckeye and NFL commentator Chris Spielman, who asserted a challenge to college-athletics amateurism at The Ohio State University and nationwide.
Favorably resolved a variety of commercial disputes on behalf of the Cleveland Cavaliers; a fast-growing scrap-metal company; a fiber-optic cable network designer; a software interface designer; and a health-products distributor confronting business misconduct in the face of the pandemic.
Through aggressive pre-litigation work and mediation, obtained a $23 million settlement for a leading marketing agency in contract dispute with international brand over Far East licensing revenues.
Successfully defended a nationwide mortgage servicer in putative class action filed in bankruptcy court, debunking class theories and resolving matter on an individual basis.
Achieved highly favorable settlement for Fortune 500 company from alleged trade-secret thieves who had founded new product line based on years’ worth of client’s market research, after filing offensive motions for summary judgment in favor of plaintiff at close of discovery.
Achieved favorable settlement on behalf of large manufacturing company in dispute alleging multiple hazardous construction defects in specialized refinement facility important to national security.
Represented large Cleveland law firm in initial proceedings against seceding department of the firm, whose members split off suddenly in an attempt to avoid sharing revenue allegedly amounting to more than $30 million.
Successfully represented a major national brand in three-week arbitration over misuse of trademark license related to brownfield real-estate development.
Through full arbitration, secured total defense judgment on discrimination claims brought by terminated employee against top executive leading a division of an international enterprise.
After helping power-plant operator prevail in contract dispute over key commodity supply, won Sixth Circuit appeal over seven-figure attorney’s fee claim.
Prevailed on behalf of defendant in two appeals before the Sixth Circuit in Swiss breach-of-contract action arising from construction projects in Iraq, and secured judgment tagging plaintiff as a vexatious litigator.
Defended Fortune 500 company through final arbitration award in eight-figure contract dispute, litigating details of major Superfund project involving hundreds of millions of dollars of remediation work.
Using overseas service of process, successfully sued on behalf of NFL player to recover against insolvent European software company, and on behalf of the PGA of America against a Korean streaming service.
In dispute against overseas government, successfully used the Foreign Sovereign Immunity Act to establish basis for venue in New York City and recover a sizable cash settlement for an international events agency.
Represented the Miss Universe pageant in a variety of disputes, including sponsorship-contract claims against a Czech jewelry conglomerate and a British provider of anti-covid products.
Achieved highly favorable settlements by bringing suit in Delaware Superior Court against an Australian fitness franchisor and an international provider of industrial gases.
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Credentials
Education
- Ranked first in Class of 2013
- Co-President, Trial Advocacy Team
- Submissions Editor, Cleveland State Law Review
- CALI ‘High A’ Award in 17 courses
Bar & Court Admissions
More
- Trustee, Cleveland State University Law Alumni Association (since 2024)
- Board Member, The Literacy Cooperative (since 2024)
- Member, William K. Thomas Inn of Court (since 2018)
- Board Member, Princeton Association of Northeast Ohio (since 2009)
- Regional Chair, Princeton Prize in Race Relations (2021-2025)
- Board Member, Edwin’s Restaurant and Leadership Institute (2022-2023)
- Assistant Scoutmaster, Lake Erie Council Troop 15G (2019-2022)
- Designated Pro Bono Attorney, Eliza Bryant Village Elder Justice Center (2020-2022)
- Cleveland Bridge Builders Class of 2019
- Listed, The Best Lawyers in America® Ones to Watch, Commercial Litigation, 2021-2026
- Listed, Ohio Super Lawyers – Rising Star, 2018-2021, 2023
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