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Warren T. McClurg

Partner
Cleveland
T.
216.363.4586
liamE

Warren is a proactive, execution-oriented litigator supporting clients in the manufacturing, technology and financial services industries in all areas impacting their businesses.

Warren represents companies and individuals across the country in all aspects of commercial litigation, including disputes related to contracts, consumer law, business torts, insurance, product liability and toxic tort defense with extensive experience in defending catastrophic personal injury claims. He also regularly advises clients on regulatory compliance and corrective measures.

As a skilled advocate in all aspects of litigation practice, negotiations and creative deal-making, companies trust Warren to provide strategic advice that is unique to their individual risk profile, goals and budget. Recognizing that the best way to avoid litigation is through careful planning, Warren provides strategic counsel during contract negotiations and business transactions. He works closely with clients to identify potential issues, negotiate advantageous terms and implement preventative measures that protect their interests.

Warren has a particular interest in AI technologies, and he regularly counsels clients on the legal implications of AI innovations and associated risks while proactively monitoring proposed laws, regulations and litigation. Additionally, Warren has served as a board member for the Federal Bar Association for the Northern District of Ohio Chapter since 2017.

Representative Matters:

  • Successfully resolved 162 cases against a regional distributing defendant in the Opioid MDL resulting in dismissals, with prejudice. (See In re: National Prescription Opiate Litigation, N.D.Ohio MDL No. 2804.)
  • Obtained and successfully defended appeal of multiyear preliminary injunction on behalf of national franchisor against franchisee that opened an independent and competing business. (See Handel's Enters, Inc. v. Schulenburg, N.D.Ohio No. 4:18CV508, 2018 WL 3077756, *1, aff'd, 765 Fed.Appx. 117 (6th Cir.2019.)
  • Obtained sanctions order dismissing claims alleging more than $280 million in damages where opposing party fabricated evidence that could have voided the limitation of liability clause. (See Flextronics Int’l., USA, Inc. v. Sparkling Drink Systems Innovation Ctr. Ltd., 230 F.Supp.3d 896 (N.D.Ill.2017).)
  • Drafted successful motion to dismiss on behalf of financial institution in response to a dispute involving draw on letter of credit. (See Steel v. ProTrade Steel Co., N.D.Ohio No. 5:16CV660, 2016 WL 2944237.)
  • Successfully appealed a trade dress protection case for a market newcomer accused of copying a large competitor’s unpatented grease pump. The Sixth Circuit reversed the decision and saved the client $2 million in damages.
  • Formed and represented early-stage consumer products company in complex product-development license with multinational company.
  • Regular representation of large banks, lending institutions and mortgage servicing companies in the defense of consumer claims brought in response to foreclosure litigation.
  • Represented international manufacturer as lead counsel on successful arbitration in breach of contract dispute.

Representative Experience

  • Formed and represented early-stage consumer products company in complex product-development license with multinational company.
  • Involved in general litigation in state and federal court, including experience with motion practice, discovery, depositions, alternative dispute resolution and trial preparation.
  • Represents companies of all sizes, from individual proprietorships to large, national corporations in various aspects of business litigation, including breach of contract and general tort litigation.
  • Successfully appealed a trade dress protection case for a market newcomer accused of copying a large competitor’s unpatented grease pump. The Sixth Circuit reversed the decision and saved the client $2 million in damages.
  • Regular representation of large banks, lending institutions and mortgage servicing companies in the defense of consumer claims brought in response to foreclosure litigation.
  • Litigation
  • Consumer Protection & Class Actions
  • Product Liability & Mass Tort Litigation
  • Securities & Commodities Litigation
  • Cannabis
  • Capital University Law School, 2012, J.D.
    • cum laude
    • Order of the Curia
    • Executive Notes Editor, Law Review, Board 40
    • Associate Member, Law Review, Board 39
  • Miami University, 2009, B.A., Major: Political Science Minor: Business Legal Studies
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Southern District of Ohio
  • U.S. District Court for the Northern District of Illinois
  • Listed, The Best Lawyers in America® Ones to Watch, Commercial Litigation, 2021-2025
  • Listed, Ohio Super Lawyers - Rising Stars, 2017-2021, 2023-2025
  • Member, Ohio State Bar Association
  • Member, Cleveland State Bar Association

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