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  1. Services

Litigation

Benesch’s Litigation Practice Group actively pursues cost-effective outcomes in courtroom litigation and dispute resolution for clients that include multi-national and publicly held companies, private companies, profit and non-profit boards, municipalities and other government entities, lenders, insurers and individuals.

On a daily basis, our litigation attorneys are involved in virtually every type of business dispute including, hostile takeovers and mergers, contract disputes, fraud issues, construction and real estate disputes, securities litigation, officer and director liability issues and unfair competition matters.

Our Litigation Practice Group’s approach and the positive results that follow have earned the group national accolades for client service. In 2022, Benesch was named a “Recommended Firm” by Benchmark Litigation for the seventh consecutive year. In 2023, Benesch was recognized by Chambers USA in the Litigation: General Commercial Practice area. Additionally, the 2023 U.S. News & World Report/Best Law Firms ranked Benesch as a first-tier firm for Commercial Litigation in Cleveland. Further, individual members of the group have been named State and Local Litigation Stars by Benchmark Litigation and ranked by Chambers USA.

Unrivaled Field Experience

At Benesch, experience makes up only half of what we offer to our clients. We take advantage of our industry exposure to also give fully customized service. Our attorneys immerse themselves in their client’s business and take the time to understand their needs. Then, using the wealth of industry knowledge and legal skills, our attorneys develop a customized solution for each client. With that solution in mind, we engage our forces using a time-tested multi-disciplinary team approach for all of your legal services.

No matter what mix of legal expertise you need, our team will have the know-how to respond quickly and intelligently. Our attorneys have tackled a broad and varied range of client challenges including, but not limited to:

Accountant Liability

Benesch has significant experience in accountant liability, ranging from representing various national and regional accounting firms to defending federal, state and local governmental investigations. We have successfully defended the Big-Five accounting firms regarding alleged malpractice cases where an audit client’s employee embezzled large sums over a long period of time, in both business and financial institution settings. We also represent accountants in complex cases, including class action suits brought under the Securities and Exchange Act and the PSLRA.

Contract, Business and Commercial Disputes

Our litigation attorneys possess extensive experience in the widest possible range of contract, business and commercial disputes. We have litigated successfully matters involving virtually every area of business law within the context of numerous industries.

Director and Office Liability

When directors and officers are involved with companies under investigation or are personally named in litigation, our trial lawyers are in a position to offer substantial assistance. We have successfully defended officers and directors in many types of cases, including those involving allegations of fraud and breach of fiduciary duty.

Fraud Investigation, Prosecution and Defense

Our litigation attorneys are involved daily in handling various types of fraud claims and investigations. We have represented, with considerable success, clients under investigation by federal (e.g., the FBI, NASA, Department of Defense) and state authorities (e.g., State Highway Patrol) and companies accused of defrauding shareholders and/or the market. In addition, we have the substantial experience necessary to assist clients with internal corporate investigations.

Insurance Coverage

We have a wide range of experience in handling complex insurance coverage issues for many of our clients. We provide clients with coverage analysis and advice and have negotiated and litigated sophisticated insurance coverage claims under commercial general liability policies, directors and officers policies, property policies and fidelity bonds. In addition, we have handled cases that involved, among other things, insurance coverage for toxic products and “pollution,” workplace injuries, employee dishonesty, commercial property losses, and directors and officers liabilities.

Personal Injury and Wrongful Death Defense

Our litigators have defended clients in a range of industries against personal injury and wrongful death claims.

Product Liability Claims

Our product liability litigators have extensive experience in consultation and prevention, as well as defense of claims. This experience includes defense of toxic tort and medical device claims, and defense of claims involving industrial equipment and machinery and a panoply of consumer products. In addition, our attorneys help monitor and prevent product liability claims by serving on the product safety committees of our clients and monitoring nationwide product liability litigation to spot trends and reduce future claims. We have considerable experience in dealing with the Consumer Products Safety Commission and handling product recalls.

Real Estate Controversies

We have experience in a broad range of issues including landlord/tenant disputes, governmental condemnations, regulatory takings, land use regulation, restrictive covenants, partition of property environmental liability and clean-up, foreclosures, building code enforcement, eminent domain, tax and insurance issues, leasehold, all forms of title, ownership and use rights, easements, administrative hearings, real estate tax proceedings and condominium regulation.

Securities and Shareholder Information

Whether it is class action “strike” litigation or a dispute among shareholders, our litigation attorneys are intimately knowledgeable in this area.  We have litigated and/or assisted in resolving everything from disputes between two shareholders in middle market companies to filing offensive litigation against a public company that is the subject of a hostile tender offer.

State and Criminal Discrimination Claims

Our clients have been successfully represented in significant state, federal and administrative discrimination claims throughout the United States. Our experience encompasses, among other things, claims under the Civil Rights Act, race discrimination class actions, sexual harassment and discrimination claims, age discrimination claims, and Americans with Disabilities Act claims. Our representation of clients in this area is often national in scope.

Unfair Competition

Our litigation group is involved in handling various types of unfair competition matters. Together with our Intellectual Property Practice Group, our litigation attorneys secure and enforce intellectual property protection, including patent, trademark, copyright and trade secret.

White Collar Criminal Defense

Whether engaged in regulatory compliance instruction, individual compliance with Grand Jury subpoenas, or defending an accused corporation under federal indictment, the team’s practice leaders have the insight, knowledge, and ability to protect and defend our clients whenever needed. The litigation group provides advice, policy review, defense strategy and necessary assistance during all critical stages of representation.

Your legal mediator, advisor and consultant

Benesch attorneys respond quickly and intelligently to the challenges of our clients, as well as identify effective solutions to meet those challenges.  Acting as our client’s legal advisors and consultants, our commercial and business litigation attorneys immerse themselves in our clients’ businesses and industries. By getting to know our clients’ challenges and strengths, we can apply our wealth of industry knowledge and legal skills to provide a multidisciplinary team approach to meet their needs. 

Experience

  • Represented manufacturer in litigation arising out of construction project and successfully resolved the matter early in litigation.
  • Representing a publicly traded real estate investment trust in an environmental insurance coverage action pending in the U.S. District Court for the Northern District of Ohio.
  • Defending a dental services organization in a False Claims Act case pending in the U.S. District Court for the Southern District of Ohio.
  • Represented one of the largest steel companies in North America in an amicus curiae capacity in support of stabilizing the Irishtown Bend hillside on the Cuyahoga River, one of Northeast Ohio’s most significant public-private alliances in recent memory.
  • Representing a client in a CERCLA action pending in the U.S. District Court for the Northern District of Indiana.
  • Defending a pharmaceutical distributor in MDL 2804, National Prescription Opiate Litigation, which has been hailed as the largest and most complex litigation in U.S. history.
  • Representing a major public electric utility in an action against a large municipal electric utility alleging state constitutional violations, including in the Supreme Court of Ohio.
  • Part of the team that won summary judgment for an industry leading energy company in a trade secret misappropriation case seeking hundreds of millions of dollars in damages.
  • Representing a client in ongoing investigations conducted by multiple state attorneys general.
  • Successfully resolved two disputes threatened against a client by former C-level managers.
  • Successfully resolved a dispute on behalf of a public utility against a large public school district.
  • Represented a digital distributor of eBooks, audiobooks, online magazines, and streaming video in a dispute relating to nonprofit organization governance and copyright ownership, including in the U.S. Court of Appeals for the Sixth Circuit.
  • Represented two entrepreneurs in a dispute involving the governance of Ohio’s first brew-on-premises microbrewery, which ultimately resolved favorably for the client after stops in state court and arbitration.
  • Represented an architectural building products company in a years-long dispute relating to a failed asset purchase, which ultimately resolved favorably for the client after stops in state court, federal court, and arbitration.
  • Represented a United States Senator in an amicus curiae capacity in the Supreme Court of the United States.
  • Successfully lifted a default judgment entered against an international fashion company in the United States District Court for the Western District of Pennsylvania and successfully resolved the underlying claims.

  • Successfully negotiated and resolved claims asserted on behalf of professional sports teams and arenas in breaches of contract actions and intellectual property infringement actions in New York state and federal courts.

  • Representing a global pharmaceutical company in connection with major land acquisition and development project.
  • Represented a North American not-for-profit professional boxing and mixed martial arts organization in connection with communication to Governor Andrew Cuomo, New York Attorney General Eric T. Schneiderman and other New York political leaders concerning safety risks presented by New York’s law banning combative sports.

  • Represented a leading provider of cloud-based educational technologies to prevent plagiarism in copyright infringement litigation challenging digital plagiarism detection technology copying and storing student submissions. Secured fair use victories in the United States District Court for the Eastern District of Virginia and the United States Court of Appeals for the Fourth Circuit.

  • Successfully represented a financial technology company in separate actions seeking copyright infringement damages and damages for breach of a licensing agreement in the Southern District of New York.

  • Represented an international pharmaceutical company in connection with a commercialization, licensing, and supply transaction involving its pipeline of biosimilar drugs in development in the US and Europe.

  • Represented individual plaintiff in corporate governance lawsuit in Delaware Court of Chancery involving Delaware Limited Liability Company Act.
  • Represented freight logistics and brokerage company in various breach of contract actions against shipping customers and motor carriers.
  • Defended freight logistics and brokerage company in breach of contract dispute and obtained dismissal on jurisdictional grounds.
  • Defended freight logistics and brokerage company in tort claim brought by shipper of cargo damaged during rail transportation.
  • Represented manufacturer in Carmack and breach of contract dispute against logistics company and motor carrier following destruction of its cargo in train crash.
  • Represented healthcare company in business dissolution lawsuit.
  • Defended motor carrier in Carmack dispute and obtained dismissal of lawsuit on summary judgment, including successfully defending dismissal on appeal to the U.S. Court of Appeals for the Sixth Circuit.
  • Successfully negotiated contractual disputes between freight logistics and brokerage companies and motor carriers.
  • Defended pharmaceutical companies in defense of consumer class actions concerning product labeling.

  • Represented public and private companies in a variety of commercial contract litigation.

  • Defended multiple lawsuits under federal and state telemarketing laws.

  • Represented companies in toxic tort and Prop 65 litigation alleging harmful exposures to chemicals.
  • In a published opinion, defeated class certification in consumer products class action in the Central District of California. Prior to ruling, plaintiff's last demand at mediation had been $450 million. Webb v. Carter’s Inc, et al.
  • Lead counsel for major life sciences company in Judicial Council of California coordinated proceeding (JCCP) involving more than 18,000 claimants in Los Angeles County Superior Court.
  • Significant business tort litigation experience across various industries involving claims of breach of contract, violation of Business and Professions Code sections 17200 and 17500, breach of warranty, fraud, theft of trade secrets, interference with contract and trade libel.
  • National coordinating counsel representing multiple pharmaceutical companies in defense of state attorney general actions, alleging violation of state unfair trade practice statutes.
  • Represented developer of neuropathic pain medication in international arbitration of breach of contract and fraud action against manufacturer/distributor over worldwide marketing and distribution of the product.
  • Represented multiple cannabis companies in breach of contract actions and employment disputes.

  • In a published opinion, obtained summary judgment in the Central District of California on behalf of life sciences manufacturer in product liability failure to warn case. Thompson v Janssen Pharmaceuticals Inc.
  • In a case garnering national attention, obtained a $5 million judgment in a Northern District of California banking fraud case on behalf of a national cannabis retailer/distributor against Washington state-based payment processing company. Case involved issues of federal cannabis illegality as well as violations of FinCEN regulations and the Bank Secrecy Act.

  • Represented clients in multiple environmental and land use litigation matters in California state trial and appellate courts involving Petitions for Writ of Mandamus, seeking injunctive relief and alleging CEQA violations.
  • Defended leading lighting distributor in six-year long litigation brought by a multi-billion dollar Japanese LED lighting company claiming patent infringement and seeking tens of millions of dollars. Following a two-week trial, and after just one hour of jury deliberation, Benesch’s IP litigators secured a unanimous verdict of no liability.
  • Represented national corporation against breach of contract and related claims brought in Delaware Superior Court and settled for less than 25% of amount demanded.
  • Represented a multinational logistics company in federal court litigation that settled with favorable result for client after multiple mediations.
  • Defended Texas corporation in corporate governance lawsuit brought in Delaware Court of Chancery.
  • Represented limited liability company before state department of revenue board and alleged corporate and franchise tax balances were eliminated.
  • Represented a product manufacturer in a multi-million dollar construction case and obtained dismissal of all counts in the complaint.

  • Represented a biofuel industry leader with respect to a false and defamatory article published by a major media organization and secured full retraction of the article within two weeks of publication.

  • Representing industrial customer in construction of $4 billion facility with regard to all energy related issues, including Power Siting, negotiation with utilities, and procurement of the commodity.
  • Assisted with drafting a successful appellate brief regarding choice of law and claims provisions in a contract between a contractor and subcontractor relating to a large scale project commissioned in Michigan.
  • Second-chaired a bench trial on behalf of a large scale investment bank against claims of usurious interest. Assisted with trial preparation, as well as pre-trial drafting of pleadings, as well as discovery, dispositive, and trial motions.
  • Assisted in defense of Fortune 500 company in Telephone Consumer Protection Act and Fair Credit Reporting Act litigation. Assisted with drafting of pleadings, discovery, dispositive motions, and trial motions.
  • Successfully negotiated and resolved consumer disputes against a sizeable motor vehicle company and its dealerships.
  • Provide compliance counseling to psychotherapy conglomerate regarding duties in responding to a subpoena, as well as compliance with government investigations.
  • Second-chaired successful jury trial on behalf of business in suit seeking damages for tortious interference with business relationship, defamation, and violations of the Ohio Deceptive Trade Practices Act in federal court.
  • Obtained summary judgment on behalf of defendant in putative class action brought under the Telephone Consumer Protection Act.
  • 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.
  • Obtained an $18.4 million settlement for Fortune 500 company in a complex breach of contract and fraud dispute with a telecommunications company.
  • Successfully represented company co-owners, including state legislator, in governance fights against unreasonable family members in two large closely-held Ohio companies.
  • Represented the Miss Universe pageant in a variety of disputes, including contract claims against a Czech jewelry conglomerate and a British provider of anti-covid products.
  • 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.
  • Achieved highly favorable settlements by bringing suit in Delaware Superior Court against an Australian fitness franchisor and an international provider of industrial gases.
  • 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.
  • Won Sixth Circuit appeal over seven-figure attorney’s fee claim, after helping power-plant operator prevail in contract dispute over key commodity supply.
  • 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.
  • 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.
  • Favorably resolved a variety of commercial disputes on behalf of the Cleveland Cavaliers; on behalf of a fast-growing scrap-metal company; on behalf of a software interface designer; and on behalf of a health-products distributor confronting business misconduct in the face of the pandemic.
  • Successfully defended Learfield IMG College in federal litigation brought by college football celebrity, who asserted a challenge to college-athletics amateurism at The Ohio State University and nationwide.
  • 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.
  • 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 against a Korean streaming service.
  • Through full arbitration, secured total defense judgment on discrimination claims brought by terminated employee against top executive leading a division of an international enterprise.
  • On behalf of sports-management company IMG, won complete defense verdict as principal draftsman and third chair in month-long jury trial. Ended eighteen-year litigation over claim of fiduciary breach by family of a professional athlete.
  • Successfully represented a major national brand in three-week arbitration over misuse of trademark license related to brownfield real-estate development.
  • Represented national consumer goods company in putative class action concerning alleged product defect.
  • Secured dismissal with prejudice for national consumer health company in defense of consumer class action concerning product labeling.
  • Secured summary judgment and decertification of a conditionally-certified collective action in a FLSA matter where plaintiffs challenged classification as independent contractors.
  • Secured dismissal with prejudice of federal and state consumer fraud claims for national physical therapy chain.
  • Negotiated favorable settlement for national baked goods and coffee chain in putative class action alleging false advertising of product content; case was resolved on an individualized basis.
  • Negotiated favorable settlement for national food delivery platform in putative class action alleging false advertising and unfair competition; case was resolved on an individualized basis.
  • Achieved settlement for proprietary higher education institution in false advertising matter brought by the Federal Trade Commission.
  • Achieved dismissal of myriad FACTA class actions in state and federal court.
  • Defended multiple class actions regarding the labeling of over-the-counter pharmacy products.
  • Defended threatened class action regarding the labeling of popular snack foods product.
  • Managed defense of series of class actions concerning the recall of a consumer good.
  • Defended multiple first-of-their-kind lawsuits under state telemarketing laws.
  • Represented pharmaceutical manufacturer in ongoing multi-district and multi-state litigation alleging false advertising of pain medication.
  • Represent national dental services organization in putative class action lawsuit alleging false advertising.
  • Defended Swedish technology company against claims of international trade secret theft and misappropriation claims.
  • Defended Fortune 500 energy company against eight-figure breach and fraud claims related to the sale of a power plant.
  • Successful defense of multiple racial harassment and discrimination suits filed in Texas federal courts against chemicals manufacturer client.*

  • Counsel to leading automotive industry client in connection with due diligence on 100M+ (aggregate) acquisitions of target companies and product lines.*

  • Lead counsel in Illinois and Missouri asbestos litigation, routinely securing the early dismissal of claims or favorable resolutions.*

  • Trial and lead counsel for injection molding machinery manufacturing client in various product liability and wrongful death suits.*

  • Lead counsel in successful defense of putative consumer fraud class actions in Illinois and Missouri state and federal courts, alleging misleading labeling practices against leading food and snack clients.*

  • Lead counsel in 400M shareholder dispute in Delaware Chancery Court, representing one of the largest employers in Brazil in a bet-the-company dispute with minority shareholder.*

  • Trial and lead counsel for manufacturers of pelvic mesh in mass tort litigation.*

  • Trial counsel for logistics provider in multiple matters, successfully obtaining preliminary and permanent injunctive relief for misappropriation of trade secrets and violations of restrictive covenants.*

  • Trial counsel in $900 million suit against refrigerator component manufacturer client•Trial counsel in $800 million lawsuit by grain farmers against grain supplier client•Trial counsel in successful defense of Illinois Consumer Fraud Actlawsui.*

  • Represented Puerto Rico Electric Power Authority (PREPA) in connection with its bankruptcy, managing its litigation portfolio and conducting internal investigation into alleged malfeasance.*

  • Counsel to manufacturers, distributors, and sellers of consumer products in connection with CPSC investigations and inquiries, including counsel regarding potential recalls.*

  • Counsel to automotive and component part manufacturer clients in connection with NHTSA investigations and inquiries, including counsel regarding potential recalls.*

  • Counsel for international supplier of firefighting vehicles and equipment in dispute involving allegedly defective vehicles and equipment.*

  • Lead counsel for hip replacement litigation in state and federal courts.*

  • Other: Represented a leading performance rights management agency in numerous bankruptcy and restructuring matters involving artist-licensors and licensees of works.
  • Represented an international entertainment and sports conglomerate against claims of breach of fiduciary duty brought by a professional athlete in an eight figure jury trial. After nearly a month of evidence, the jury deliberated only three hours before finding in favor of client on all counts.

  • Obtained a seven-figure arbitration award and domesticated federal court judgment on behalf of a real estate investment software company against the principals of its competitor for violation of its software license agreement and theft of its intellectual property.
  • Obtained multiple summary judgments on behalf of automobile manufacturer on warranty and consumer sales practices claims, including one that was ultimately affirmed on a novel issue of law by the Ohio Supreme Court.
  • On behalf of a global paint and coatings company, defeated eight-figure breach of contract claims and achieved complete award of counterclaims following an international arbitration hearing before a three-member tribunal.
  • Represented a private equity firm and the board of directors of its portfolio company in a complete defense jury verdict after a multi-month trial against nine-figure claims of breach of fiduciary duty, fraud, and breach of contract brought by a senior debt provider.
  • Successfully defended the CEO of Delaware corporation from claims of breach of fiduciary duty and fraud brought by a minority shareholder and fellow board member in a lawsuit that presented complex questions under Delaware corporate law, achieving complete dismissal of all claims on a motion to dismiss.
  • Defended one of the nation’s largest home improvement companies in putative nationwide class action alleging a latent defect in the company’s product.
  • Representing Cleveland Electric Illuminating Company (“CEI”), a FirstEnergy subsidiary, in litigation challenging the constitutionality of a municipality-owned competitor’s expansion into CEI’s exclusive service territory. The challenge seeks injunctive relief prohibiting Cleveland Public Power (“CPP”), a municipal electric utility operated by the City of Cleveland, from selling outside Cleveland, arguing that Cleveland is exceeding its powers under the “home rule” amendments to the Ohio Constitution.
  • Successfully obtained a settlement for preference defendant for less than 1% of multi-million dollar demand in the Charlotte Russe Bankruptcy in Delaware.
  • Successfully represented a plaintiff in obtaining a temporary restraining order and preliminary injunction in New York Federal District Court on behalf of a California-based seller of Voice Over IP technology in copyright litigation against the telephone provider.*
  • Successfully represented a group of foreign and domestic real estate investors in two litigations seeking to prevent unauthorized sale of condominium units by the developer.*
  • Successfully defended a California-based manufacturer of telecommunications equipment in products liability litigation against the local service providers of telephone services.*
  • Successfully represented the board of directors of an historic New York City cooperative in a real estate dispute concerning construction of unauthorized structures.*
  • Successfully represented co-owner of large Manhattan real estate portfolio in both litigation and arbitration in New York State Court and AAA over a 12 year period.*
  • Successfully represented a group of prominent athletes who were sued derivatively in Soho real estate venture; obtained dismissal of claims against individual defendants in court and successful result for corporate defendants; litigation and arbitration closely followed and reported in Real Deal Magazine.*
  • Successfully represented federal and local providers of legal services to the poor in litigation to recover real estate property.*
  • Successfully obtained dismissal of all defendants from complex real estate broker litigation.*
  • Successfully represented a prominent corporate tenant seeking to rescind a multimillion dollar long-term lease in the Soho neighborhood of Manhattan on the basis of fraudulent inducement.*
  • Successfully represented celebrity iron chef client in obtaining New York State Supreme Court judgment, interest and legal costs for breach of contract action for unpaid consulting fees.  Case reported on in multiple media sources.*
  • Successfully defended motion to dismiss derivative claims concerning large Manhattan family real estate portfolio; obtained notable derivative litigation decision in successful appeal in First Department.*
  • Represented high-profile financial industry defendant in three separate defamation lawsuits related to content posted on internet magazine.*
  • Successfully obtained temporary restraining order in shareholder oppression arbitration over family-owned retail business.*
  • Successfully represented a plaintiff in obtaining a default judgment in Federal District Court after a two day hearing as a sanction for destruction of electronic evidence in a dispute among partners in a real estate venture.*
  • Conducted 37-day trial in contentious divorce trial involving international witnesses and complex legal issues.*
  • Successfully represented a telecommunications broker in commissions litigation against Fortune 500 company.*
  • Successfully represented a plaintiff in obtaining a temporary restraining order and preliminary injunction protecting the trademark rights of a clothing design company in a Federal District Court lawsuit against a prominent international manufacturer accused of breaching license and manufacturing agreements.*
  • Successfully represented a plaintiff in obtaining a temporary restraining order on behalf of investors and managers in prominent New York nightclubs and restaurants in litigation with co-investors over control of their limited liability company.*
  • Successfully represented the CEO and Chairman of a Fortune 500 pharmaceutical company in major securities fraud, ERISA, and accounting irregularity class actions, which included defending against regulatory enforcement and criminal investigations.*
  • Successfully represented a pharmaceutical company and individual officers in commercial contract litigation over the theft of trade secrets and poaching employees.*
  • Successfully prevented a financial institution from appointing a receiver in a foreclosure proceeding concerning commercial property in Brooklyn, New York.*
  • Successfully represented a prominent nursery school in high-profile litigation concerning relocation of the school and portability of its finances.*
  • Successfully defended a Fortune 500 institutional lending company in complex securities and ERISA class actions.*
  • Successfully represented real estate investment trust in complex anti-takeover litigation.*
  • Represented prominent hedge fund suing seller of legal receivables in $24 million fraud litigation.*
  • Successfully represented prominent California winemaker seeking to compel California public utility to redeem municipal bonds.*
  • Successfully prosecuted derivative action in shareholder dispute against well-known billionaire. Drafted and successfully argued motion to dismiss and also achieved dismissal of companion action.*
  • Successfully represented a leading New York construction firm in a dispute concerning a major downtown construction project.*
  • Successfully represented a manufacturer of industrial fabrics in compelling an out of state dealer to litigate a dispute over its right to sell goods in New York, rather than in the dealer’s home state.*
  • Successfully represented selling shareholders of technology startup suing a well-known exchange for breach of merger and escrow agreements; obtained summary judgment dismissing multi-million counterclaim.*
  • Representing a global election technology in a defamation suit seeking over $2 billion against Fox News and others.
  • Representing a gas utility seeking PUCO approval for the sale of its parent company.
  • Obtaining PUCO approval for an “alternative rate” which allowed immediate recovery of an investment into an intrastate gas pipeline even though its former owner failed to keep many of the records justifying the rate base of that asset.
  • Member of arbitration team that obtained complete defense victory on $4 million claim, along with $1.3 million award on counterclaim, for international manufacturer headquartered in Silicon Valley in arbitration filed by technology start-up.
  • Representation of Columbia Gas of Ohio in consolidated state court proceeding stemming from a natural gas explosion in Upper Arlington, Ohio.
  • Representation of Columbia Gas of Ohio in consolidated state court proceeding stemming from a natural gas explosion in Portsmouth, Ohio.
  • Recovered $50 million for a Fortune 10 financial institution following a weeks-long arbitration against its insurance carriers who had refused to pay the client’s litigation expenses in various securities actions.*
  • Represented Fitbit and six individual defendants in a trade secret misappropriation and breach of contract action brought by Jawbone. Settled the case early and favorably for all clients.*
  • Represented James Monsees, the co-founder and former CEO/Director of Juul Labs Inc., in thousands of highly publicized lawsuits and regulatory actions/investigations, including a multi-district litigation pending in the Northern District of California. The cases remain ongoing.*
  • Secured a complete “not guilty” verdict for Katherine Mogal on all counts in a high-profile criminal trade secrets prosecution in the Northern District of California.*
  • Obtained a complete victory for Super Lighting, a Chinese lighting manufacturer, in a breach of contract action against one of its US retailers. Successfully obtained an expedited schedule and ultimately prevailed an arbitration hearing.*
  • Prevailed on motion to dismiss in securities class action brought against Sequans Communications.*
  • Defended a national check cashing company against claims of consumer fraud and gross negligence, resulting in favorable settlement for the client.
  • Represented an investor and former CEO of an oil field services company in a suit to recover funds from a defaulted commercial loan.
  • Represent a publicly traded company in a multi-billion dollar defamation suit against leading national media network.
  • Represented the victim of a $100 million embezzlement scheme in civil suits against national and regional banks.
  • Represented a global transport and logistics company in warehouse dispute. Successfully defended the company’s assertion of a warehouseman’s lien against an application for writ of possession, leading to favorable settlement shortly thereafter.
  • Represented product manufacturer in suit alleging personal injury and wrongful death in connection with fatal structural accident. Assisted substantially with preparation of all pleadings, written discovery, depositions, and expert witnesses.
  • Assisted with drafting a successful motion to dismiss a third-party complaint alleging eleven claims arising out of a construction dispute.
  • Successfully negotiated and resolved multi-party trucking liability claims arising out of motor vehicle accident.
  • Successfully obtained dismissal of Telephone Consumer Protection Act claim after oral argument on motion to dismiss.
  • Successfully defended dental provider in multiple small claims trials alleging a variety of negligence claims.
  • Assist in defense of Fortune 500 company in Telephone Consumer Protection Act litigation. Assist with drafting of pleadings, discovery, dispositive motions, and trial motions.
  • Trying case to verdict in favor of anaerobic digestor qualified as a “public utility” exempt from township zoning authority.
  • Defended Fortune 500 company in a multi-million dollar breach of contract action in the Southern District of New York. The District Court dismissed all claims with prejudice and, following appeal, the Second Circuit affirmed.
  • Obtained summary judgment on behalf of financial institution for alleged violations of Fair Credit Reporting Act for allegedly misreporting spouse as co-holder of account.
  • Successfully forced voluntary dismissal of a putative class action alleging violations of California Labor Laws.
  • Won motion to dismiss claim involving serial-plaintiff for alleged violations of the Telephone Consumer Protection Act, Ohio Telephone Solicitation Act, and Ohio Consumer Sales Practices Act.
  • Successfully defeated nationwide putative class action for alleged violation of the Telephone Consumer Protection Act by compelling arbitration on an individual basis despite the consumer contesting that she was not bound by arbitration agreement.
  • Obtained summary judgment on behalf of defendant in Telephone Consumer Protection Act claim on grounds that the consumer did not use a reasonable method of attempting to revoke consent.

  • Counsel to lender in various foreclosure and related actions in Delaware, New York, New Jersey, and Pennsylvania.
  • Counsel to national landlord plaintiff in preliminary injunction in Delaware Court of Chancery.
  • Counsel to various national transportation companies in breach of contract actions in California, Delaware, New Jersey, Texas, New York, and Pennsylvania.
  • Counsel to national maritime transportation company in breach of contract actions in New York and Delaware.
  • Counsel to transportation broker defendant in breach of contract action in Ohio.
  • Successfully preserved property tax exemption for large public nature preserve.
  • Representing natural gas utilities in base distribution rate case proceedings. Most recently those utilities were awarded the second highest rate of return (8.12%) nationally for the two years before that decision was issued.
  • Representing the buyer of an intrastate pipeline company in purchase negotiations and obtaining PUCO approval of its merger into a natural gas distribution utility.
  • Representing the world’s leading transportation network company in various Ohio PUCO proceedings.
  • Obtaining summary judgment for a municipal utility in a $188 million class action regarding alleged customer overcharges. The Court held for the municipal utility on all claims, and completely rejected the theory proposed by the municipal utility’s former director.
  • Representing an Ohio municipality in PUCO proceedings relating to government aggregation.
  • Obtaining an arbitration award in excess of $1.7 million for breach of an Asset Purchase Agreement.
  • Obtaining a $27.8 million judgment in a bank fraud proceeding.
  • Successfully represented purchaser of small natural gas distribution utility in obtaining PUCO approval of acquisition.
  • Acting as national compliance counsel for one of the country’s largest competitive retail electric service providers.
  • Representing three electric distribution utilities in a contested multi-billion-dollar electric security plan proceeding.
  • Representing a competitive retail electric provider before the Ohio Supreme Court in several rate cases.
  • Successfully defending a claim on an $86 million letter of credit in a contested contractual dispute between a competitive retail electric service provider and a governmental aggregator.
  • Negotiating numerous on and off-site solar energy related agreements, totaling over 100 MW, for municipal and industrial clients.
  • Obtaining several million in direct customer benefits for a municipal client as part of a contested Electric Security Plan proceeding.
  • Representing the purchaser of a publicly-traded natural gas utility holding company and obtaining PUCO approval of the associated merger transaction.
  • Representing a state university regarding Power Siting Board approval for a 105.5 MW Combined Heat and Power Facility powered by natural gas. This facility will be the primary source for heat and power for the university’s Columbus campus.
  • Representing an international automotive manufacturer in PUCO proceedings relating to distribution network adequacy and rate structure.
  • Obtaining summary judgment against a municipal utility attempting to force a non-municipal resident to accept service under Ohio’s constitutional home rule provisions and Certified Territory Act.
  • Procuring PUCO approval for the merger of four natural gas utilities.
  • Counseled landlords and small business owners in physical accommodation litigation brought against them under the Americans with Disabilities Act (ADA).*
  • Represented petitioner in state court trial regarding division of assets.*
  • Served on trial team representing plaintiff in the first-ever case to be tried challenging an individual’s wrongful placement on a government watchlist; through public records act request, obtained documents reflecting the government’s error and proceeded to a bench verdict in plaintiff’s favor.*
  • Obtained workplace violence prevention restraining order on behalf of entertainment company against aggressive and violent self-proclaimed animal rights activists.*
  • Successfully defended corporate executive against contract claims brought in multiple venues arising from a singular asset purchase transaction, prevailing on motion to quash state court summons and motion to dismiss federal court complaint.*
  • Represented plaintiff in highly contentious breach of oral contract action, obtaining settlement on the eve of trial.*
  • Represented Am Law 100 firm in workplace violence prevention restraining order brought against former employee.*
  • Represented trustee in probate, civil and criminal proceedings stemming from accusations of embezzlement.*
  • Negotiated settlement for start-up client in payment dispute with industry giant.*
  • Defended federal action brought by serial litigants against entertainment company, obtaining defense jury verdict and success on appeal.*
  • Successfully defended entertainment company to a defense jury verdict in a civil rights action brought by notorious serial litigants.*
  • Won at jury trial in multimillion dollar toxic tort exposure case.
  • Member of trial team in a proceeding seeking rejection of the company's collective bargaining agreements.*
  • Negotiated successful settlement for energy exploration company in a breach of contract action regarding management of drilling operations.*
  • Achieved settlement for proprietary higher education institution in false advertising case brought by the Federal Trade Commission.*
  • Represented smartphone manufacturer in class actions alleging fraudulent marketing and advertising of smartphones.*
  • Represented auto industry manufacturer in multiple federal cases involving trade secret misappropriation and state law claims.*
  • Negotiated settlement of trade secret misappropriation claims for drug component manufacturer.*
  • Represented pharmaceutical manufacturer in ongoing multi-district and multi-state litigation involving alleged fraudulent marketing.*
  • Represented national baked goods chain in putative class action alleging false advertising regarding product content.*
  • Secured dismissal with prejudice of state and federal consumer fraud claims for national physical therapy chain.*
  • Secured dismissal with prejudice of antitrust and patent fraud claims for pharmaceutical company.*
  • Represented a global innovator pharmaceutical company as trial counsel in Hatch-Waxman ANDA litigation relating to a leading opioid dependence treatment product, examining key expert witnesses relating to the validity of Orange Book-listed patents.*
  • Second-chaired arbitration for a global industrial automation company defending against allegations of trade secret misappropriation and breach of contract relating to remote monitoring and control technology, resulting in an award of over $1M in attorney’s fees to the client.*
  • Defended a designer and manufacturer of surfing simulator water rides in bet-the-company patent and breach of contract litigations and related inter partes review proceedings and Federal Circuit appeals. These representations resulted in one patent being canceled, another being found invalid and a district court award of significant attorneys’ fees.*

  • Defended a content delivery network client in multi-patent litigation that resulted in a full defense jury verdict.*
  • Second-chaired trial for a global medical imaging company in litigation against a key competitor asserting patents related to scintillation crystals used in PET scanners, helping to secure a $50M+ jury verdict and award for the client.*
  • Represented a global agricultural chemical company in patent ownership litigation involving three other parties claiming rights to genetically modified crop technology, resulting in a favorable settlement for the client on the eve of trial.*
  • Obtained summary judgment of non-infringement and unenforceability due to inequitable conduct on behalf of a generic pharmaceutical client in Hatch-Waxman ANDA litigation.*
  • Led the defense of a leading maker of consumer electronic devices in multiple patent litigations against non-practicing entities that were favorably resolved without any payment from the client.*
  • Argued an appeal before the Federal Circuit on behalf of appellee seeking reversal of summary judgment of non-infringement based on prosecution history estoppel in a Hatch-Waxman ANDA litigation.*
  • Represented nationwide contractor in disputes against public owners involving construction projects for various public universities.
  • Prosecuted and defended breach of contract, breach of warranty and liquidated damages claims involving the construction of several multi-story parking facilities.
  • Represented purchaser on claims for breach of contract, fraud, and intellectual property violations related to a multimillion dollar corporate acquisition.
  • Obtained summary judgment for a corporate defendant on subcontractors’ claims to foreclose on mechanics’ liens.
  • Represented nationwide contractor specializing in vertical construction in disputes against owners, subcontractors, and design professionals.
  • Obtained summary judgment on claims for breach of contract, foreclosure of lien, and violations of Ohio’s Prompt Payment Act relating to the construction of multiple hotels.
  • Prosecuted and defended delay, disruption and liquidated damages claims involving construction of a coal-fired power plant resulting in a multimillion dollar arbitration award for the client.
  • Prosecuted claims for breach of contract, breach of fiduciary duty, conversion and fraud related to a corporate officer’s embezzlement and theft of company funds.
  • Successfully enforced certain restrictive covenants against owner of certain property, requiring owner to cease leasing property to businesses that compete with Summa Health Systems’ business lines. Secured judgment in favor of our client Summa Heath Systems. Summa Health Systems v. Parsons Family Limited Partnership, et al., Case No. CV 2018-06-2291 (Summit County, OH Court of Common Pleas).
  • Successfully handled dispute over sale of business. Gavron Campbell, et al. v. Dave Brautigan, et al., Case No. 2017- CV-290380 (Fulton County, GA Superior Court)
  • Represented BrightVolt in trade secret litigation to secure a permanent injunction that precluded a former employee from working for a competitor in any capacity relating to BrightVolt’s proprietary battery technology, communicating with BrightVolt’s customers, or reverse engineering any of BrightVolt’s trade secrets. BrightVolt, Inc. v. Wenbin Yin, Case No. 2:19-CV-01524 (W.D. WA)
  • Achieved dismissal with prejudice of FCRA action against a prominent jewelry company.
  • National TCPA counsel to a major pharmacy company and diagnostic testing center.
  • Quickly achieved a class resolution of a BIPA action against hospitality company.
  • National FACTA counsel for one of the country’s largest software providers.
  • Coordinated the defense of multiple TCPA class actions against a medical device company, achieving a global resolution for pennies on the dollar.
  • National TCPA and privacy counsel to one of the country’s largest dispensary software platforms.
  • Obtained dismissal of BIPA actions against a major grocery store company and airline service provider.
  • Utilized novel “motions to deny class certification” to defeat class claims in a TCPA action and a consumer fraud action.
  • Defended Fortune 500 companies in Telephone Consumer Protection Act litigation.
  • Defended a nationwide putative class action seeking to hold DISH Network L.L.C. vicariously liable for 1+ million phone calls made by over a dozen third-parties in alleged violation of the Telephone Consumer Protection Act.
  • Counsel for major off-road vehicles manufacturer in multiple products liability and personal injury actions in state and federal court across the United States.

  • Defended Fortune 500 company in eight-figure contract dispute through a three-week arbitration hearing related to a major Superfund project
  • Represented an out-of-state manufacturer in state court in a jurisdictional dispute arising from an out-of-state construction project.  Secured dismissal after serving as primary drafter of motion to dismiss and advocate at oral argument.
  • Represented a large agricultural distributor in a negligence action in state court. Assisted substantially with drafting a motion for summary judgment, which led to plaintiff’s voluntary dismissal of the case shortly after filing.
  • Represented a financial services client in a breach of fiduciary duty and breach of contract action in state court. Obtained dismissal of client at the plaintiff’s deposition.
  • Represented two trusts in a breach of contract and bad faith denial of coverage action alleging a major insurer’s failure to issue coverage on a multi-million dollar “key person” life-insurance policy.  Secured a near-total recovery after conducting minimal discovery and motion practice.
  • Represented a multinational advanced manufacturer in a replevin and breach of contract action in federal court seeking a temporary restraining order and preliminary injunctive relief. Successfully drove the defendant to an early and favorable settlement for the client prior to the court holding a hearing on the motion for temporary restraining order.
  • Represented a design engineering firm in a breach of contract action against a major multinational conglomerate. Assisted substantially with drafting the complaint, which led to a favorable settlement shortly after filing.
  • On behalf of a global paint and coatings company, defeated eight-figure breach of contract claims and achieved complete award of counterclaims following international arbitration hearing before three-member tribunal.
  • Representing a leading aerospace jet engine component manufacturer in nine-figure arbitration against a customer alleging breach of contract and breach of warranty claims.
  • Representing private equity firm and board of directors of portfolio company in complete defense jury verdict after a multi-month trial against nine-figure claims of breach of fiduciary duty, fraud, and breach of contract brought by senior debt provider.
  • Representing global contract manufacturer in arbitration against nine-figure trade secret misappropriation claims.
  • Representing national retailer of consumer products in successful denial of class certification in multiple class actions alleging various warranty and consumer protection claims.
  • Representing global petrochemical companies against mass tort and toxic exposure claims in multi-district cases and class actions.
  • Representing manufacturer of road markers against eight-figure claims of defect and personal injury.
  • Represented a private equity fund in its acquisition of a new platform company focusing on same day courier services and supply chain logistics solutions.
  • Representing nation states in bilateral investment treaty disputes involving billions in disputed claims.
  • Representing on appeal major waste management corporation in successful reversal of largest employment verdict in Ohio history of nearly $50 million.
  • Successfully argued a motion in federal court on behalf of a multinational computer technology company, resulting in the effective termination of a consumer class action against that company.*
  • Represented a class of deaf and hard of hearing inmates in a class action against the Illinois Department of Corrections seeking to protect the inmates’ constitutional and statutory rights.*
  • Represented a family-owned food company in a $5.7 billion defamation lawsuit against a major television news network. Represented a Fortune 500 insurance company in a variety of complex litigation and internal matters.*
  • Defended depositions in a complex tort case involving a regional healthcare network.*
  • Conducted an independent third-party review of a high-profile division of the City of Chicago based on allegations of misconduct and/or federal civil rights violations.*
  • Represented Fortune 100 technology company in California state court against breach of contract claim seeking nine-figure damages. Helped obtain favorable business resolution on the eve of trial after successfully barring opposing party’s expert and obtaining favorable admissions from opponent’s witnesses in depositions.
  • Represented a public utilities company before Ohio trial and appellate courts, including two cases accepted by the Ohio Supreme Court.
  • Represented world's largest logistics company in month-long jury trial in New York, resulting in a full defense verdict in a multi-million dollar breach of contract lawsuit filed by 31 plaintiffs.
  • Represented a private equity fund in a two-week bench trial in Delaware Chancery Court, securing complete defense victory in decade-long dispute arising from a $2.2 billion acquisition of a national skilled nursing facility company.
  • Sued a New York county board of elections for alleged religious discrimination against Hasidic Jews resulting in independent monitoring of the board of elections for a 5-year period.
  • Secured early settlement in state-wide class action and successfully managed settlement compliance, including training professional staff from 19 sites across California.
  • Defended retail company in California state-wide class action against allegations of violations of various California consumer protection statutes.
  • Defended a putative class action against a financial institution alleged to have fraudulently induced consumers into mortgages they could not afford.
  • Represented a Fortune 100 company and its officers in private plaintiff securities fraud and insider trading class actions.
  • Preserved a $15.9 million verdict before the Ninth Circuit in a case involving complex real estate and contractual interpretation issues.
  • Represented a bankruptcy trustee in a federal bankruptcy court matter involving breach of fiduciary duty and fraudulent transfer claims against multiple former officers and directors of a failed subprime mortgage lender.
  • Represented a corporate officer against allegations of misappropriation of trade secrets and breach of fiduciary duty.
  • Represented a manufacturer seeking to enjoin and/or obtain damages from a competitor engaged in exclusionary conduct.
  • Defended a Fortune 100 company against alleged price fixing by a purported competitor.
  • Represented a corporation in a deceptive trade practices putative class action, alleging unfair competition, fraud, and violations of the Consumer Legal Remedies Act.
  • Represented a global financial institution in a bankruptcy matter pertaining to interest owed.
  • Offensive and defensive representation of a Fortune 100 company in connection with business torts, breach of contract, trade secrets, and IP rights.
  • Represented an individual related to allegations of insider trading brought by the SEC.
  • Represented an employer defending against class claims alleging improper compensation of employees.
  • Represented a consumer products and services company with a sales tax class action.
  • Counsel for Fortune 100 Company, negotiating a settlement of a construction contract dispute in excess of $1 million in client’s favor.
  • Counsel for commercial lender, prevailing in dispositive motion practice on a dispute regarding the applicability of a choice of law provision in a merchant receivables purchase agreement.
  • Counsel for a small restaurant business, negotiating a settlement of a contract dispute regarding ownership of the restaurant which allowed the small business owner to continue to operate and maintain ownership.
  • Represented multiple business in government audits and OIG investigations seeking recoupment of government issued funds.
  • Management of internal investigation to evaluate potential need for self-disclosure and evaluation of potential False Claims Act liability.
  • Assisted to design, development, and implementation of preventative Foreign Corrupt Practices Act protocol for multinational client.
  • Represented business owner in response to grand jury subpoena and in presentation of testimony relevant to establishment of industry standards
  • Represented business owners challenging sufficiency of regulatory decision, resulting in reversal and issuance of landmark decision by Appellate Court, Medina Nursing Ctr, Inc. v. Health Facilities & Servs. Review Bd., 2013 IL App (4th) 120554 (2013)
  • Successful management of investigation into alleged conduct of executive resulting in declination of any charges (resulting in indictment of six other individuals);
  • Design and implementation of preventive policies and procedures to manage likely government inquiries, audits, and investigations for highly regulated business.
  • Represented individual unit owners in obtaining temporary restraining order (“TRO”) and successfully mediated dispute involving fiduciary duty of condominium building Board of Directors.
  • Represented national professional association in drafting of multiple amicus briefs in state, federal, and U.S. Supreme Court related to government oversight.
  • Represented long-term care facility in legal challenge to Centers for Medicare and Medicaid Services (“CMS”) five-star rating system including conduct of oral arguments in the Seventh Circuit, Bryn Mawr v. Sebelius, 749 F.3d 592 (2014)
  • Represented equity ownership in self-disclosure to Office of Inspector General related to submission of claims to government in violation of regulatory standards
  • Represented physician at sentencing hearing facing various criminal charges, ultimately obtaining sentence of probation, including recommendation from federal judge that physician be allowed to retain license to practice medicine.
  • Coordinated responses to Civil Investigative Demands from U.S. Attorney’s Offices for technology, finance, health care, construction and other companies.
  • Negotiation of successful cooperation agreement and related resolution of criminal and administrative charges for Owner/CEO.
  • Represented wholesale distributor in DEA seizure action and filed writ of mandamus resulting in DEA returning millions of dollars of active pharmaceutical ingredients.
  • Management of government audit/investigation into industry leader following successful self-disclosure of regulatory error.
  • Represented corporation in False Claims Act litigation alleging systematic submission of billing to government below established regulatory standards
  • Represented CEO in appearance before government investigative body
  • Represented CEO of business facing allegations of violating Anti-kickback statute and submission of fraudulent bills to government
  • Testified in murder trial, as outside general counsel, on behalf of institutional client requested to produce documentation and establish foundation before jury.
  • Represented CEO/owner related to criminal charges alleging regulatory violations and submission of false claims.
  • Represented business in multiple-year government investigation in response to seizure of paper documents and enterprise computer systems resulting in no charges being filed and effecting return of all seized records and materials.
  • Represented long-term care pharmacy in DEA audits and compliance investigations.
  • Represented multinational corporate in responding to subpoena from federal bureau of investigations seeking production of international documentation regarding alleged conduct of former employee
  • Represented concessionaire in putative class action in Illinois state court alleging that concessionaire misled consumers regarding alleged defects in concessionaire’s parking meter mobile application. Prevailed on motion to dismiss.*
  • Investigated accounting irregularities allegations for high-profile healthcare technology company.*
  • Assisted in securing judgment in favor of Fortune 500 credit card issuer in an antitrust MDL after three-week bench trial. Helped convince the Second Circuit Court of Appeals to unanimously affirm the judgment.*
  • Successfully defended CEO of HTV Industries, a Delaware corporation, from claims of breach of fiduciary duty and fraud brought by a minority shareholder and fellow board member. The lawsuit presented complex questions under Delaware corporate law. After multiple rounds of briefing, the Court granted our motion to dismiss in its entirety.
  • In a complex contract dispute, obtained and collected a $5 million arbitration award for a FirstEnergy affiliate against a commodity supplier, and recovered fee award after appeal to the Sixth Circuit.
  • Defended FirstEnergy in a putative class action brought by Schwebel Baking Co. on behalf of itself and similarly situated, large commercial and industrial customers of FirstEnergy. 
  • Representation of Columbia Gas of Ohio, Inc., in a consolidated state court proceeding stemming from a natural gas explosion that occurred at a vacant residence in Elyria, Ohio.
  • Successfully represented Eaton in breach of contract litigation against a Canadian licensee over approximately $4 million in overdue royalties. The case settled on highly favorable terms, with a $3.2 million payment to Eaton.
  • Successfully defended IMG College in a putative antitrust and Lanham Act class action filed by Chris Spielman, a former collegiate and professional football star, against IMG College and The Ohio State University in federal court in Ohio. After extensive briefing, the Court granted IMG’s motion to dismiss Spielman’s claims.
  • Represented Cooper Lighting LLC, a subsidiary of Eaton Corporation, in an action for replevin and emergency injunctive relief after the supplier of a critical subcomponent abruptly shuttered its factory.  Within weeks case settled on terms highly favorable to Cooper.
  • Assisted with an appeal pending before a state supreme court involving a myriad of tax, environmental, and regulatory issues. Assisted substantially with preparing appellate briefing and the record on appeal.
  • Assisted with drafting a successful motion to dismiss a breach of fiduciary duty and fraud action asserted against a financial services client in FINRA arbitration.
  • Represented a cloud innovator against claims of breach of contract and tortious interference with a business based on alleged improper solicitation of customers.
  • Represented a beef producer against contribution claims by a competitor following a food contamination event. Secured summary judgment in favor of the producer.
  • Represented a leading cybersecurity developer in negotiations with a competitor over disparaging advertising and marketing material.
  • Represented a gold refinery in a multimillion-dollar breach of contract and tort dispute with a former supplier.
  • Advised a real estate investment firm in negotiations over a breach of contract and defamation dispute with a former partner.
  • Advised a real estate investment firm in breach of contract negotiations with a former investor.
  • Advised a company regarding potential exposure to trade secret claims by an acquisition target.
  • Represented a Fortune 100 technology company and officers against claims of breach of fiduciary duties stemming from disclosure of executive compensation. Negotiated a settlement prior to commencement of discovery.
  • Represented a Fortune 50 financial advisor against claims of tortious interference with contractual relations relating to allegedly improper redemption of bonds. Prevailed on motion to dismiss. Unanimously affirmed by the appellate court.
  • Represented a manufacturer in a contract dispute with a supplier for failure to provide negotiated rebates.
  • Advised a technology company on a breach of contract claim relating to royalty payments.
  • Represented a technology company against a trade secret misappropriation claim. Secured summary judgment based on statute of limitations defense.
  • Represented a leading beef producer in defamation and disparagement action against ABC. Recognized by media as the largest defamation action in U.S. history. Secured a confidential, nine-figure settlement following four weeks of trial.
  • Represented a leading beef producer in a breach of contract and breach of fiduciary dispute against an employee.
  • Represented a Fortune 100 company in negotiations over enforcement of a noncompete agreement by a former employer.
  • Represented an automotive parts manufacturer and officers in a putative class action alleging violation of ERISA fiduciary duties due to approval of a buyout agreement.
  • Represented an asset manager with respect to news coverage and advised regarding defamation claims against a media outlet.
  • Represented an automotive parts manufacturer in a putative class action alleging violation of ERISA fiduciary duties due to offering company stock as a retirement investment option.
  • Advised manufacturer regarding damage exposure relating to potential hardware defects.
  • Advised leading technology manufacturer regarding response to product recall.
  • Advised a technology company regarding potential trade secret misappropriation claims against a competitor following the departure of several employees.
  • Represented a Fortune 50 lender in putative class action asserting claims of breach of contract, unjust enrichment, and violation of Consumer Fraud statutes. Obtained voluntary dismissal of all claims with prejudice.
  • Represented a Fortune 100 technology company in a nine-figure, breach of contract dispute with former customer.
  • Represented a Fortune 100 technology company in vicarious liability litigation stemming from an alleged tort by a employee. Negotiated a settlement following successful motions to strike multiple categories of damages.
  • Represented “Big Four” accounting firm against a breach of contracts claims by audit client.
  • Represented a Fortune 100 purchaser in responding to government inquiries following an acquisition.
  • Represented a Fortune 50 lender against claims of fraud and negligence relating to a purchase agreement. Prevailed on motion to dismiss.
  • Represented a Fortune 50 lender against claims of promissory estoppel and tortious interference. Secured summary judgment in favor of the lender following two years of fact and expert discovery. Unanimously affirmed by the 7th Circuit.
  • Represented a developer of firewall products in negotiations with a competitor over disparaging marketing material.
  • Represented a financial institution and officers in a putative class action alleging violation of ERISA fiduciary duties.
  • Represented a Fortune 100 technology company in a breach of contract dispute against a service supplier stemming from alleged improper termination of agreements.
  • Represented leading manufacturers of set-top devices in a nine-figure fraud and negligence dispute against a supplier. Negotiated a settlement after successfully defeating three successive motions to dismiss.
  • Represented the largest gold refinery in the U.S. in defamation action against a media company. Secured publication of an update correcting misinformation prior to commencement of discovery.
  • Represented Fortune 50 financial institution in putative class action alleging manipulation of multibillion-dollar Treasury market.
  • Represented broker-dealers in a putative class action alleging improper “naked” short selling. Secured voluntary dismissal of claims with prejudice.
  • Represented a Fortune 100 technology company against securities fraud claims. Plaintiff sought over $20 billion in damages. Prevailed on motion to dismiss and secured dismissal with prejudice.
  • Represented a Fortune 100 technology company against claims of securities fraud. Class plaintiffs sought damages in excess of $7 billion. Settled case with motions for summary judgment pending following three years of fact and expert discovery.
  • Represented a Fortune 100 company against claims of aiding and abetting breach of fiduciary duty claims following an acquisition.
  • Represented underwriters in securities fraud litigation alleging misrepresentations in connection with IPO. Secured voluntary dismissal of claims against underwriters prior to commencement of discovery.
  • Represented a Fortune 50 banking institution in shareholder and bondholder litigation following a multibillion-dollar acquisition. Claims settled on eve of trial following three years of fact and expert discovery.
  • Represented underwriters in securities fraud litigation alleging misrepresentation in connection with an IPO. Settled claims prior to commencement of discovery.
  • Represented a purchaser in responding to government inquiries following acquisition of a competitor.
  • Represented Fortune 100 purchaser in responding to government inquiries relating to acquisition.
  • Represented a county in an action by the Department of Justice relating to law enforcement practices. Claims settled on the eve of trial following two years of fact and expert discovery.
  • Represented a cable set-top manufacturer in a series of securities fraud class actions stemming from disclosure of accounting fraud by a customer. Prevailed on motions to dismiss all claims and all actions.
  • Advised a leading consumer product manufacturer on defamation claims against a supplier.
  • Represented a Fortune 50 financial institution against claims of predatory lending in violation of the Fair Housing Act.
  • Represented a technology company against a breach of contract claim stemming from cancellation of purchase orders. Negotiated a settlement prior to the commencement of litigation.
  • Represented broker-dealers in a securities fraud class action alleging improper short trading. Obtained voluntary dismissal of claims.
  • Represented a Fortune 100 technology company in vicarious liability litigation stemming from an alleged tort by an employee. Secured summary judgment in favor of the company.
  • Advised a Fortune 100 seller on breach of contract claims by a purchaser relating to alleged product failures.
  • Represented cable set-top manufacturer and officers against securities fraud claims. Plaintiffs sought over $2 billion in alleged damages.
  • Represented a beef producer against product liability claims following a food contamination event. Negotiated dismissal of claims.
  • Represented a “Big Four” accounting firm in securities fraud claims by bondholders and stockholders stemming from disclosure of multibillion-dollar accounting fraud by an audit client. Claims settled following three years of fact discovery.
  • As Deputy Solicitor for the State of Ohio, represented state agencies and officeholders on appeals to the Ohio Supreme Court, U.S. Court of Appeals for the Sixth Circuit, and U.S. Supreme Court.*
  • Represented a chain restaurant franchisee as plaintiff in a civil RICO class action seeking recovery for overcharges by its supplier. Drafted successful class certification briefs before the case was resolved with a nine-figure settlement.*
  • Represented a public corporation in contract dispute with a former parent company regarding employee benefit liabilities. Deposed the plaintiff company's chief financial officer, its general counsel and seven other witnesses, and drafted all major briefs.*
  • Represented an incarcerated habeas petitioner on appeal, after district court denied his pro se habeas petition on procedural grounds. Achieved unanimous reversal of the district court’s decision.*
  • Represented a company and a national nonprofit organization in parallel putative class actions alleging violations of state and federal telephone privacy statutes.*
  • Represented marketing subsidiary of publisher in class action alleging violations of the California Automatic Renewal Law.*
  • Represented a consumer lender in a putative Telephone Consumer Protection Act class action in federal court.*
  • Represented clients in multiple Federal Trade Commission investigations into marketing practices.*
  • Represented a federal credit union in a bet-the-company class action under Article 9 of the Uniform Commercial Code. Developed the counterclaim strategy that resolved the case favorably before class certification briefing.*
  • Represented a financial institution in consumer class action litigation under the Real Estate Settlement Procedures Act. Drafted a successful brief opposing class certification.*
  • Represents an international developer and manufacturer of high-temperature industrial materials in environmental class action brought by group of residents and landowners.*
  • Represented an Ohio teleservices company in a bet-the-company consumer class action alleging fraud. Drafted major briefs, including the brief opposing class certification.*
  • Represented auto insurers in consumer class actions in California state court.*
  • Represented a Fortune 50 corporation in a Comprehensive Environmental Response, Compensation and Liability Act matter including dozens of depositions, extensive motion practice, and two multiweek trials.*
  • Represented as lead counsel a developer of youth sports parks in a commercial dispute. Achieved full victory for the client in federal district court and preserved that victory on appeal.*
  • Represented a major grocery chain in class action antitrust litigation against a dairy cooperative and a dairy processor. Drafted the brief successfully opposing summary judgment.*
  • Played a lead role in securing a $32.9 million verdict for a bankruptcy trustee following a lengthy trial on a breach of contract claim arising from a Ponzi scheme.*
  • Defeated a regulatory challenge to an air permit for a new $1.3 billion steel-making facility following a lengthy administrative hearing and subsequent appeal.*
  • Obtained a multimillion-dollar settlement on behalf of a Fortune 500 electronics manufacturer in a lawsuit for breach of an intellectual property license.*
  • Prevented a business competitor from obtaining an injunction to stop construction of a $200 million industrial facility.*
  • Secured a multimillion-dollar verdict following a jury trial in a dispute involving a series of software licenses.*
  • Helped successfully defend a securities class action aimed at derailing a $500 million going-private transaction.*
  • Successfully defended a Fortune 500 construction company in a series of contract disputes.*
  • Successfully defended a Fortune 500 media company following a jury trial on a $17 million claim for breach of a longterm supply contract.*
  • Secured a multimillion-dollar settlement on behalf of an oil and gas exploration company arising from a mineral rights lease.*
  • Negotiated a series of settlements on behalf of a software developer arising from other entities' misuse of the client's software.*
  • Counsel to plaintiff pharmaceutical company in trade secrets case in New Jersey.
  • Counsel to national restaurant chain in wrongful death action in New Jersey.
  • Counsel to various shippers, consignees, brokers, and transportation companies in freight claims and payment disputes across the company.
  • Counsel to manufacturing company in product liability defense in New Jersey.
  • Counsel to defendants in trade secrets case in New Jersey.
  • Represented financial institutions and other consumer businesses in consumer class actions and litigation brought under various statutory schemes applicable to consumer and financial transactions.
  • Obtained no liability judgment in favor of client following bankruptcy court trial of a high six-figure preference and fraudulent conveyance claim.
  • Obtained summary judgment and affirmance of judgment on appeal for a financial institution client in a seven-figure priority dispute in bankruptcy court.
  • Represented business clients in cases involving unfair competition, tortious interference, and other business torts, as well as Lanham Act and Deceptive Trade Practices Act claims.
  • Obtained no liability judgment following the arbitration of an indemnity claim under an asset purchase agreement with an eight-figure potential exposure for a manufacturing client.
  • Obtained complete defense victory on $4 million claim, along with $1.3 million award on counterclaim, for international manufacturer headquartered in Silicon Valley in arbitration filed by technology start-up.
  • Obtained $22 million settlement for global media company in complex licensing dispute with international brand.
  • Obtained sanctions order dismissing claims alleging more than $280 million in damages where an opposing party fabricated evidence that could have voided the limitation of liability clause.
  • Drafted a successful defense motion for summary judgment in a multidistrict proceeding seeking billions of dollars of damages under RICO.
  • Enjoined lessor on $80 million lease from declaring an Event of Default that otherwise would have allowed lessor to accelerate rents and evict client’s franchisees from more than six dozen properties.
  • Saved a client manufacturer tens of millions of dollars by removing price caps on two preexisting contracts the parties had operated under for years.
  • Secured the dismissal with prejudice of class action claims in an off-label marketing case also seeking billions of dollars of damages.
  • In a putative class action where it was undisputed that the client caused damages totaling more than ten million dollars, achieved a complete dismissal based on four words in the contract never previously interpreted.
  • In a suit alleging damages approaching $500 million, developed an argument that resulted in the dismissal of not only all claims against the client, but also all claims against another defendant that was sued first and missed the argument.
  • Prepared an out-of-court factual presentation to plaintiffs that convinced them to voluntarily dismiss a client from an eight-figure tort action alleging environmental contamination.
  • Negotiated a unique structure to enable the turnover of care, custody and control of a billion-dollar power generation facility.
  • Counsel to national jewelry company in replevin action in Delaware.
  • Counsel to former employee plaintiff in breach of contract action in Delaware.
  • Counsel to defendant in various patent ligation matters in Delaware.
  • Co-counsel to plaintiff in RICO litigation in California.
  • Counsel to various national transportation companies in breach of contract actions in California, Delaware, New Jersey, New York, and Pennsylvania.
  • Counsel to national manufacturing company in product liability action in New Jersey.
  • Counsel to defendant in TCPA litigation in New Jersey.
  • Counsel to international healthcare company in discovery litigation in Delaware.
  • Counsel to lender in various foreclosure and related actions in Delaware, New Jersey, and Pennsylvania.
  • Obtained a favorable defense resolution of a putative wage and hour collective action for a major manufacturer.
  • Successfully opposed the transfer of a case to the United States Judicial Panel on Multidistrict Litigation in a products liability class action.
  • Obtained dismissal of a multi-billion dollar federal securities fraud claim arising from activities in an unrelated litigation, and successfully defended that dismissal on appeal.
  • Obtained dismissal for a global financial institution of claims arising from an allegedly improper drawdown on a series of international letters of credit.
  • Obtained a favorable defense resolution of a dispute claiming a multi-million dollar earn-out payment in an asset purchase agreement, including related employment claims.
  • Obtained a favorable defense resolution of a case alleging theft of trade secrets against a major manufacturer.
  • Consulted with a national financial institution regarding its ediscovery practices and litigation response.
  • 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.
  • 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 favorable settlement on behalf of large manufacturing company in dispute alleging multiple hazardous construction defects in specialized refinement facility important to national security.
  • Representing on appeal a major automotive manufacturer in reversal of improper award of attorneys’ fees.
  • Representing national IT services company against seven-figure breach of contract and warranty claims.
  • Representing local medical implant manufacturer against eight-figure breach of contract claims brought by one of its out-of-state sales agencies.
  • Representing a major insurance company in dismissal of seven-figure indemnity claims.
  • Representing a major bank against claims made by a court-appointed trustee stemming from a nine-figure embezzlement scheme.
  • Representing a major automotive parts manufacturer in complete dismissal of seven-figure defect and personal injury claims.
  • Representing national manufacturing company in complete dismissal of employer intentional tort and punitive damages claims.
  • Obtained jury verdict in a case involving allegations of medical negligence when a noted dermatologist failed to diagnose a serious disease.
  • Secured settlement for a large trust in a reinsurance suit involving international claims of professional negligence and breach of fiduciary duty.
  • Represented clients in a complex consumer fraud case involving allegations of misrepresentations to retail customers.
  • Represents major insurance companies and large corporations in breach of contract, claims mishandling and breach of fiduciary duty in both arbitration and litigation.
  • Secured settlement for a large pharmaceutical company in a suit alleging breach of contract and breach of fiduciary duty.
  • Represents companies defending class action lawsuits that allege violations of various federal statutes, including the Telephone Consumer Protection Act.
  • Successfully defended clients against claims of trademark infringement and trade secret misappropriation, including related injunction practice.
  • Defended Lear against claims of breach of software agreement and discovery violations. Took matter through trial and post-trial briefing to obtain complete defense judgment.
  • Defended Orbitz against claim of patent infringement under one patent relating to universal messaging brought by Acacia subsidiary. Obtained finding of non-infringement and ultimately resolved matter favorably.
  • Represented CGB Diversified against multi-million dollar claim for breach of contract, fraud and unfair business practices stemming from crop insurance contracts, premiums and underwriting. Obtained dismissal for CGB Diversified through summary judgment.
  • Represented Hotwire against allegations of patent infringement under three patents asserted by Niro firm. Convinced Court to stay discovery until certain defenses were litigated. Case ultimately dismissed by Plaintiff.
  • Represented Lighting Science Group against allegations of patent infringement under three optics patents brought by Acacia subsidiary. Argued and won invalidity finding during Markman phase resulting in early dismissal with prejudice of entire case.
  • Defended Abbott Laboratories, Inc. in a multi-million dollar suit involving complex contract law and collective-bargaining, pension withdrawal liability issues.
  • Served as lead outside counsel for client in large complex contract dispute which settled with client recovering $17.5 million after two days of mediation.
  • Represented Dinesol Building Products in the Federal Circuit Court of Appeals in July 2006.
  • Obtained summary judgment in United District Court for Northern District of Ohio on opponent's liquidated damages claim, resulting in opponent having to change damages theory in other pending cases.
  • Successfully defended a research scientist and new employer against trade misappropriation and breach of contract lawsuit.
  • Represented two companies in an action seeking several million dollars in damages.
  • Represented manufacturer in successfully showing patent infringement and false advertising.
  • Received favorable jury verdict on claims arising from destruction of property involving a retail store in Stark County Court of Common Pleas.
  • Obtained a unanimous jury verdict in favor of Dinesol Plastics, Inc. on claims of trade secret misappropriation and other business torts filed against the company.
  • Obtained significant money damages payments from competitor of world's premier canine aquatics promoter from copyright infringement and other unfair competition activities.
  • Obtained successful dismissal of German corporation, Pfaudler, Inc., from significant trade secret misappropriation and conspiracy lawsuit.
  • Successfully defended Cooper Tire, Inc. against trade secret misappropriation and unfair competition claims.
  • Represented Dinesol Building Products in the Federal Circuit Court of Appeals in March 2006.
  • Won judgment in defamation case on behalf of oil company against anti-fracking activists.
  • Won dismissal of a “bet the company” action brought by former employee who claimed right to company ownership.
  • Extensive experience in defending political subdivisions relative to claims of excessive force, constitutional rights violations, and matters involving qualified immunity.
  • Serves as lead trial counsel in various matters involving significant bodily injury and/or wrongful death.
  • Obtained voluntary dismissal of nationwide putative class action against retailer of consumer products, alleging violations of the Telephone Consumer Protection Act, 47 USC 227(b).
  • Represented Internet music streaming company consummate a private offering memorandum raising $8.5 Million.
  • Represented Homax Group in trade dress litigation concerning various consumer products.
  • Represented Ideastream (public television and public radio) in American Archives Pilot Project.
  • Represented leading University art historian in dispute over authenticity of Jackson Pollock works.
  • Represented Homax Group in false advertising litigation in Northern District of Ohio.
  • Represented Arizona arts dealer in copyright infringement litigation.
  • Represented major hair clinic in intellectual property litigation.
  • Represented major health care provider in authorship dispute over software.
  • Prosecuted several copyright infringement actions against several online ringtone companies for infringement of musical compositions.
  • Glanton v. Sony Records, successfully represented Sony in copyright infringement action related to plaintiff’s copyright infringement allegation (dismissed after case was fully briefed).
  • Fitness Quest, Inc. et al. v. Universal Music Publishing Group, successfully represented Fitness Quest in copyright infringement litigation over music-related content.
  • Represented Lynyrd Skynyrd in copyright infringement dispute in the Northern District of Ohio.
  • Represented House of Spices in numerous trademark litigations (obtaining injunctions, consent judgments, and damages).
  • Represented OverDrive, Inc. in various litigations.
  • Represented Mavea, a division of Brita GmbH, in Northern District of California trademark infringement litigation, and other ancillary matters.
  • Quarterbacked music content licensing program for OverDrive, Inc. and its public library customers.
  • Represented American Greetings Corporation in AAA dispute over creative content.
  • Successfully resolved multi-state class action alleging violations of Truth-In-Leasing Regulations by motor carrier.
  • Defended moving company for alleged violation of Truth-In-Leasing Regulations in putative nationwide class action.
  • Involved in general litigation in state and federal court, including experience with motion practice, discovery, depositions, alternative dispute resolution and trial preparation.
  • Representation of a transit authority in a putative class action brought by disabled riders of public transportation claiming that the quality of service violates the Americans with Disabilities Act.
  • Representation of major accounting firms in civil actions and SEC proceedings alleging fraud, professional negligence, and breach of contract in connection with the audits of public companies.
  • Represented credit card processors and issuing banks in a variety of litigation, including putative class actions and Consumer Financial Protective Bureau investigations.
  • Representation of the administrative agent of a syndicate of lenders in connection with the bankruptcy of a gaming company in a major metropolitan area.
  • Representation of mortgage originators, servicers, and securitization trustees in consumer class actions challenging the banks’ lending, servicing, and foreclosure practices.
  • Representation of a bank in litigation arising out of the bank’s service as trustee for thousands of customers seeking to collect proceeds from a class action settlement.
  • Representation of a bank in connection with an SEC inquiry, an FDIC complaint, and a federal securities class action arising out of commercial real estate loans.
  • Representation of banks in multi-district litigation alleging that the banks wrongfully assessed certain overdraft fees.
  • Representation of a technology firm in a breach of contract, tortious interference, and misappropriation of trade secrets case.
  • 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.
  • Regular representation of large banks, lending institutions and mortgage servicing companies in the defense of consumer claims brought in response to foreclosure 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.
  • Obtained $18.4 million settlement for Fortune 500 company in a complex breach of contract and fraud dispute with a telecommunications company.
  • Obtained dismissal of securities fraud allegations arising from a billion-dollar stock drop.
  • Led special litigation committee’s investigation of a bank holding company’s shareholder’s breach of fiduciary duty allegations arising from a capital transaction.
  • Pro bono representation of a disabled senior citizen who sought to vacate a default judgment entered against him, including a successful oral argument before the Court of Appeals Of Ohio, Eighth Appellate District.
  • Defended incumbent directors against dissident shareholders’ attempt at removal.
  • Obtained favorable summary judgment precluding a claim for $15 million in lost profit damages in a joint venture agreement.
  • Obtained defense summary judgment in a putative shareholder class action challenging the method of payment of $10 billion in merger consideration.
  • Defended a medical device manufacturer from claims of infringement of five U.S. Patents.
  • Represented private equity funds in litigation against former owners of the funds’ portfolio companies.
  • Represented financial institutions in shareholder class actions and other related cases.
  • Obtained temporary restraining order preventing client from being terminated from a substantial joint venture management agreement.
  • Settled for a nominal amount a putative national class action seeking in excess of $100 million in damages for a large international financial institution.
  • Successfully enforced three noncompetes, including one against the former head of a U.S. division, on behalf of a major sports agency.
  • Successfully defended publicly traded manufacturer that hired away a key executive-level employee from direct competitor that sued to enforce noncompete.
  • Successfully defended law firm from legal malpractice claim arising from complex commercial real estate transaction.
  • Obtained $10 million settlement for Fortune 500 company from supplier of defective components that were incorporated into machines sold around the world.
  • Represented four financial services institutions in a municipal public nuisance action.
  • Successfully represented a major sports agency in three-week arbitration over trademark license and real estate development that was subject to extensive environmental regulatory oversight.
  • Successfully enforced noncompete against competitor that raided distribution network in Spain, obtaining court order enforcing noncompete on a worldwide basis.
  • Defeated class certification attempt in putative nationwide class action brought by prominent class action plaintiffs' firm against a large publicly traded company.
  • Successfully defended trade secret and breach of contract case seeking in excess of $30 million against a large multinational corporation.
  • Won dismissals of three significant class actions on behalf of large national insurance company.
  • Settled for a nominal amount a putative multi-state class action seeking in excess of $100 million in damages for a large international financial institution.
  • Represented world-renowned athlete in obtaining millions in licensing fees in connection with a licensing dispute.
  • Successfully arbitrated real estate contract case in which the opposing party sought millions.
  • Won a week long bench trial in a non-compete and trade secrets case.
  • Won dismissal of a putative federal securities class action seeking in excess of $1 billion in damages for large multinational corporation.
  • Successfully enforced three non-competes, including one against the former head of a U.S. division, on behalf of a major international sports agency.
  • Obtained $10 million settlement in a UCC dispute involving two Fortune 500 clients.
  • Tried to defense verdict a jury trial in a toxic tort case on behalf of a large national product manufacturer.
  • Successfully struck class allegations in putative state-wide class action.
  • Successfully defended a nationwide putative class action seeking to hold ADT vicariously liable for approximately 5 million phone calls made by an independent third-party in alleged violation of the Telephone Consumer Protection Act
  • Successfully negotiated and resolved multi-party business dispute arising from breach of contract and fiduciary duty between former business partners, including negotiation on business loan.
  • Defended transportation company at trial, in suit alleging negligence in loading of cargo.
  • Obtained voluntary dismissal of product liability suit alleging design and manufacturing product defect in connection a hip implant.
  • Obtained summary judgment in favor of newspaper publication in suit alleging defamation.
  • Obtained summary judgment in favor of employer in suit alleging intentional infliction of emotional distress and wrongful discharge.
  • Obtained denial of class certification on behalf of corporate defendant in nationwide putative class action alleging violations of the Telephone Consumer Sales Protection Act.
  • Obtained summary judgment in favor of medical provider in federal civil rights claim.
  • Represented product manufacturer in suit alleging violations of California Proposition 65.
  • Developed policies and procedures for complying with federal Fair Credit Reporting Act obligations (and state-level versions of the law) for nationwide business in connection with employment applications.
  • Obtained voluntary dismissal of suit alleging personal injury and wrongful death in connection with fatal transportation accident.
  • Assisted in successfully avoiding summary judgment and ultimately favorably resolving a lawsuit alleging breach of fiduciary duty brought in Cuyahoga County, Ohio, Court of Common Pleas.
  • Represented clients in patent litigation regarding a variety of technologies including medical devices, consumer products, industrial consumables, automotive systems, diesel engines, and power converters.
  • Represented a consumer products manufacturer asserting a patent in litigation that resulted in favorable summary judgment on the validity of the patent-in-suit.
  • Represented medical device manufacturer in arguing that state-law product design claims were preempted under Medical Device Amendments to FDCA.
  • Represented medical device manufacturer in defense of state law design and manufacturing defect claims of heart catheter.
  • Won trial on behalf of corporation in suit seeking damages for breach of contract. Decision affirmed on appeal.
  • Won trial defending corporation in claim alleging breach of contract and violations of the Ohio Consumer Sales Practices Act.
  • Defended corporation, directors, and majority shareholders in suit alleging fraud, successor-liability, Uniform Fraudulent Transfer Act liability, and seeking to pierce corporate veil to holder shareholders individually liable.
  • Represented company for alleged cybersquatting, violations of Anticybersquatting Consumer Protection Act, and false designation of origin.
  • Ferron v. 411 Web Directory, et al., 2010 WL 1817396 (S.D. Ohio) Granting summary judgment on consumer claims regarding e-mail advertising under Consumer Sales Practices Act.
  • Negotiated and drafted documents to amend easements following an encroachment during site preparation for new hotel development.
  • Represented insured trucking company in an excess insurance scenario and successfully orchestrated multi-million dollar settlement under policy limits in dual injury amputation case.
  • Successfully defended a real estate developer to a defense jury verdict on a claim of fraud brought against the real estate developer in connection with the developer’s purchase of real estate.
  • Successfully represented a general contractor in a claim against a subcontractor to a significant arbitration award in Sacramento, California which involved a defective concrete floor poured in a warehouse in Sacramento, California.
  • Successfully represented equipment lessors, floor plan financing companies, banks, and others in countless replevin actions in both state and federal courts seeking to replevin and recover equipment and other personal property.
  • Represented a property owner in trial court and on appeal in a complex partition dispute involving several million dollars of Columbus real estate.
  • Samuelson v. Durkee/French/Airwick and Thomas Havrilesko, 976 F.2D 1111 (7th Cir.) Affirming summary judgment in retaliatory discharge action.
  • Represented a client in litigation to enjoin the use of copyrighted architecture drawings and recover lost business profits.
  • Won at jury trial in a bad faith case seeking over $1,000,000 in compensatory and punitive damages, establishing precedent that prompted dismissals in two other related cases.
  • Won summary judgment on behalf on nursing home in action involving personal injuries, alleged "malpractice" and violations of residents' rights involving clinical care.
  • Represented a nursing facility in an action against a former resident's relative who had engaged in a fraudulent transfer of property.
  • Successfully defended motor carriers in litigation arising from vehicle accidents, ranging from relatively minor injuries to fatalities.
  • Represented and advised motor carriers on an emergency basis in connection with catastrophic accidents, including fatal highway accidents.
  • Successfully defended a medical device manufacturer in a lawsuit alleging defective design and breach of warranty regarding a surgical device used during a kidney transplant.
  • First National Supermarkets, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., et al., 661 N.E.2d 1121 (Ohio App. 8 Dist.) Stock brokerage indemnity issues.
  • Kenneth Talmon v. First National Supermarkets, Inc., 1989 WL 157234 (Ohio App.) Affirming summary judgment on state lottery sweepstakes issues.
  • Purchased Parts Group, Inc. v. Royal Appliance Mfg. Co., 2000 WL 33125340 (Tenn. App.) Upheld order dismissing manufacturer for lack of personal jurisdiction.
  • Defended a manufacturer and distributor of a variety of medical devices, including crutches, cold therapy devices, wheelchair lifts, etc.
  • Represented banks and other institutional clients in numerous receivership proceedings in both state and federal courts.
  • Assisted a client in identifying a Project Delivery System and preparing agreements for conversion of historical buildings into new commercial properties.
  • Charvat v. Echostar Satellite, LLC, 676 F.Supp. 549 (S.D. Ohio) Granting summary judgment on consumer claim under Telephone Consumer Protection Act.
  • Prevailed on summary judgment and on appeal in a Tennessee case contesting the assertion of personal jurisdiction over an out of state defendant, based solely upon its website activity.
  • Prevailed on summary judgment in a sick building case in which seven plaintiffs claimed they had contracted multiple chemical sensitivity.
  • Defend discrimination claims filed against employers with state and federal human rights agencies.
  • Defended a large company against race discrimination and retaliation charges.
  • Successfully defended a bank on a claim of lender liability brought in U.S. District Court which resulted in the Court’s granting Bank’s motion for summary judgment.
  • Successfully litigated a wrongful death claim for nitrogen asphyxiation by a "nitrogen blanket" in a tank truck.
  • Successfully litigated an intentional tort claim for full body burns from a fall into a tank wash acid bath.
  • Successfully defended shopping center owner to a defense jury verdict on a claim brought by a tenant alleging that the tenant was fraudulently induced to enter into a lease with the shopping center.
  • Successfully litigated a nursing home case involving a resident who had "eloped" to grounds outside the facility and froze to death.
  • Charvat v. Dish TV Now, Inc., et al., 2008 WL 1886311 (Ohio App. 10 Dist.) Affirming ruling that Consumer Sales Practices Act does not govern a settlement agreement.
  • Authored the warnings and instructions for various products.
  • Served on the product safety committee of publicly traded global consumer product manufacturer.
  • Louis Fodor v. First National Supermarkets, Inc., 1993 WL 526660 (Ohio App. 8 Dist.) Commercial lease issues regarding continuous operation clause.
  • Mutual Insurance Company of America, et al. v. Royal Appliance Mfg. Co., 112 Fed. Appx. 386 (6th Cir.) Applying rebuttable presumption of no liability to manufacturer based upon compliance with state and federal safety standards.
  • Represented banks and other institutional clients in numerous commercial foreclosure proceedings in both state and federal courts.
  • Won complete reversal of multimillion dollar personal injury verdict as newly appointed appellate counsel in Pennsylvania case involving amputation.
  • Won jury trial in a commercial dispute regarding construction materials.
  • Won plaintiff's verdict at trial in action to deem a commercial debt non-dischargeable due to debtor's fraud.
  • U.S.A. Parking Systems, Inc. v. Penn-Lillis Corp., 1995 WL 601186 (Ohio App. 8th Dist.) Won summary judgment in commercial lease dispute.
  • Successfully litigated a case in which the plaintiff's estate alleged that she had been entrapped and essentially suffocated by her nursing home bed rail.
  • Participated in evaluation of options and actions for recalls or voluntary corrective actions for consumer and other products.
  • Louis Fodor, Trustee v. First National Supermarkets, Inc., 1990 WL 93210 (Ohio App.) Commercial lease and occupancy issues regarding continuous use clause.
  • Successfully litigated breach of covenant not to compete cases.
  • Successfully represented five charitable beneficiaries in terminating a Trust because the costs to keep the Trust outweighed the income it produced. The Court ruled in favor of the five charitable beneficiaries and granted our clients the entire amount.
  • Represented client as defendant in trademark infringement litigation before the court and as opposer in Opposition proceeding before the Trademark Trial and Appeal Board.
  • Represented defendant in patent infringement litigation concerning lawn tool; successfully transferred action to local district court; court held for client after Markman hearing.
  • Represented a legendary rock artist in copyright infringement litigation and negotiated favorable settlement after summary judgment rulings.
  • Hammod v. Alekna Construction, Inc., et al., 269 A.D. 773, 703 N.Y.S.2d 332 (N.Y.A.D. 4 2000) Sick building case, alleged multiple chemical sensitivity; dismissal affirmed.
  • Granting summary judgment on Learned Intermediary Doctrine and proximate cause in medical device case.
  • Successfully represented business owner to a defense jury verdict on a claim that the adverse party had an equity interest and a right to profits in the client’s business.
  • Fodor, Trustee of Biddulph Plaza Shopping Center v. First National Supermarkets, Inc., 589 N.E.2d 17 (Ohio Supreme Court) Commercial lease issues regarding continuous operations clause.
  • Won at jury trial in a case alleging $33 million in damages for allegedly defective glazed bricks in eight high rise apartment buildings.
  • Successfully litigated a wrongful death action alleging malfunction of a perfusion medical device during open heart surgery.
  • Prevailed on summary judgment in a nationwide sales representative wrongful termination class action.
  • Represented a software company in a breach of contract lawsuit filed against a medical billing company which refused to pay for computer programs specifically developed for them.
  • Successfully represented an insurer against a claim for uninsured motorists coverage arising by operation of law.
  • Prevailed in summary judgment in uninsured/undetermined vehicular liability coverage declaratory judgment action, establishing six figure coverage differential as the law of the case.
  • GMS Management Company, Inc., et al. v. Pick-N-Pay Supermarkets, Inc., et al., 601 N.E.2d 72 (Ohio App. 11 Dist.) Affirming summary judgment on continuous use issues in commercial lease.
  • Successfully litigated multi-million dollar breach of asset purchase agreement, breach of warranty and breach of material sourcing contract cases.
  • Domo v. Stouffer, 580 N.E.2d 788 (Ohio App. 6 Dist.) Corporate shareholder dispute.
  • Samuelson v. Durkee/French/Airwick, et al., 701 F.Supp. 729 (N.D. Indiana) Summary judgment dismissing Plaintiff's Title VII and retaliation claims.
  • Won summary judgment in unjust enrichment action brought against commercial landlord by contractor of former tenant.
  • Successfully obtained summary judgment in favor of Dish Network LLC in two lawsuits and a dismissal of all claims in two other cases brought under the Ohio Consumer Sales Practices Act and the Telephone Consumer Protection Act.
  • Obtained summary judgment in favor of Cybex.
  • Prevailed in a summary judgment proceeding R&L Carriers.
  • Defended our client, Robert Bosch Corporation, in toxic tort/asbestos litigation in the United States.
  • Obtained Motion for Summary Judgment in Ferron v. DISH Network, LLC and EManagement.
  • Represented a Fortune 100 technology company in securities fraud litigation seeking over $20 billion in damages. Prevailed on a motion to dismiss the complaint with prejudice.
  • Represented a “Big Four” accounting firm in auditor liability litigation seeking over $3 billion in damages. Secured a directed verdict in favor of the accounting firm following 103 days of trial testimony and argument.
  • Represented a beef producer in a defamation case against ABC News seeking over $6 billion in damages. Secured a confidential settlement after four weeks of trial testimony that was characterized by the press and industry leaders as vindicating the producer.
  • Represented a Fortune 100 technology company against a breach of contract claim seeking nine-figure damages. Negotiated a business resolution of the dispute on the eve of trial after successfully barring the opposing party’s expert and limiting testimony of key fact witness.
  • Represented a technology company in tort claims seeking nine-figure damages from a supplier due to product defects. Secured a confidential settlement after defeating three successive motions to dismiss.
  • Represented a Fortune 50 financial institution in class action alleging manipulation of the multibillion-dollar Treasury market. Successfully narrowed the claims with motions to dismiss and summary judgment and then defeated class certification following two years of fact and expert discovery.
  • Represented a Fortune 50 financial institution in a multimillion-dollar contract and tort dispute. Secured summary judgment after two years of discovery in a precedent-setting decision that was affirmed by the 7th Circuit.
  • Represented a manufacturer of cable set-tops in securities fraud litigation seeking over $2 billion in damages. Secured summary judgment in favor of the manufacturer with a precedent-setting decision that was affirmed by the 11th Circuit.
  • Represented Feit Electric, a global leader in first-to-market lighting innovations against claims of patent infringement by Nichia. The technology relates to the manufacturing process for semiconductor chipsets, known as an LED (Light Emitting Diode) package, used in LED lighting applications. 

     

  • Represented next generation health technology company in $50 million Series B round and $16 million Series A round.

  • Counsel to the debtors and debtors in possession in the Chapter 11 cases of In re OGGUSA, Inc. et al. (E.D. Kentucky) (f/k/a GenCanna Global USA, Inc.).  The Debtors were primarily engaged in the development of hemp genetics and the production and distribution of wholesale and white-label hemp-derived cannabinoid products, including CBD, to customers throughout the United States and internationally.  The Debtors successfully conducted an expedited dual-track process to identify available alternatives for maximizing value under challenging circumstances and closed a section 363 sale of substantially all assets for consideration in excess of $75 million.
Key Contacts
  • Joseph A. Castrodale
    Litigation
    Cleveland
  • Eric L. Zalud
    Litigation
    Cleveland
  • J. Erik Connolly
    J. Erik Connolly
    Litigation
    Chicago

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Articles and Presentations
August 22, 2023
Society Insurance Stuck Defending Insured In Biometric Privacy Class Action
August 15, 2023
Digital Data Broker Stuck in Class Action for Allegedly Selling User App Data
August 15, 2023
Supreme Court Expands General Jurisdiction in Mallory v. Norfolk Southern Railway Co., Marking Departure from “At Home” Jurisdiction Rule for Out-of-State Defendants

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News
September 28, 2023
Benesch Adds Associate to Litigation Team in Cleveland
September 21, 2023
J. Erik Connolly and Edward C. Wipper quoted in Courthouse News Service | "Fox News Signals it's Unlikely to settle Smartmatic's $2.7 billion suit"
September 21, 2023
J. Erik Connolly quoted in Yahoo! News | "Smartmatic Lawyer Says Rupert Murdoch is like 'Mafia Boss' Who 'Ordered a Hit' with Fox News"

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