Litigation
Representing companies in high-stakes, complex commercial disputes in and out of court, Benesch’s award-winning Litigation Practice Group has secured multibillion-dollar wins for plaintiffs and defendants in precedent-setting cases.
Benesch litigators have represented clients in nine-figure defamation and trade secret cases, one of the most significant auditor liability cases ever tried, multibillion-dollar securities fraud cases, large-scale product liability cases, and every type of commercial litigation matter in between. Spanning a diverse spectrum of industries, our clients include some of the largest companies in the world. We have successfully represented public and private companies, industry-leading family-owned businesses, nonprofits, boards of directors, government entities, lenders, insurers and individuals.
What Sets Us Apart
Benesch provides clients with innovative options and top-tier legal talent for all levels of dispute resolution through a cost-effective, market-sensitive regional rate structure and an ROI-focused approach. Whether confronting bet-the-company litigation or routine matters, we know that value goes hand-in-hand with ensuring the predictability of legal spend. Composed of litigators from Am Law 100 firms, our team of more than 170 lawyers delivers legal excellence backed by large firm experience, but at superior value and with greater efficiencies than those firms deliver.
As seasoned trial lawyers in state and federal venues across the nation, we are not afraid of taking cases to trial if that’s what the situation demands. Opponents know and respect that, which best positions our clients in negotiating resolution of their disputes.
We are committed to:
- Knowing the intricacies of our clients’ businesses so we can devise tailored strategies to meet their specific needs.
- Building partnerships with our clients, going beyond the case at hand, creating lasting relationships focused on our client’s overall success.
- Remaining agile, ready to swiftly change course as our clients’ needs change.
- Going beyond a knowledge of the law to help clients solve their business challenges with customized solutions and a multidisciplinary team approach.
- Remaining mindful of our clients’ bottom line with optimized efficiencies and cost-effective quality counsel.
Our Approach
Our client relationships are centered on exceptional service, understanding each client’s business and objectives, transparency, integrity, responsiveness and collaboration. Partnering with clients at every stage, we immerse ourselves in their industries and the intricacies of their businesses. We think like businesspeople in assessing situations and devising winning strategies and are not just committed to the cases at hand but rather focus on our clients’ long-term success.
From pre-litigation preservation and advocacy through trial, settlement or alternative dispute resolution, we respond to reputational and business threats quickly and cost-effectively. Matters are staffed as leanly as possible, and because we take the time to know our clients, their industries and pain points, ramp-up time is limited. We listen, learn, develop the right approach, adjust as needed, and execute a strategy best suited to each client. We deftly solve both legal and broader business challenges with customized solutions and a multidisciplinary team approach.
Our Services
Benesch litigators have garnered top-tier recognition across a wide array of litigation categories, earning the respect of judges, juries and rivals along the way. Our litigators have successfully resolved single-plaintiff, multiparty and class action cases for clients on diverse issues, including ones involving:
- Accountant Liability
- Construction Disputes
- Consumer Products
- Contract, Business, and Commercial Disputes
- Defamation
- Director and Office Liability
- Fraud Investigation, Prosecution and Defense
- Hostile Takeovers
- Intellectual Property Disputes
- Insurance Coverage
- Manufacturing and Supply Chain Disputes
- Mergers
- Personal Injury and Wrongful Death Defense
- Product Liability Claims
- Real Estate Controversies
- Securities and Shareholder Litigation
- State and Criminal Discrimination Claims
- Toxic Torts
- Transportation Matters
- Unfair Competition
- White Collar Criminal Defense
The team is also highly experienced in arbitration, mediation and other forms of alternative dispute resolution.
Nationally Recognized for Excellence
Leading national, regional and state legal ranking organizations and industry publications consistently recognize Benesch’s Litigation Group and its lawyers for excellent service and outstanding litigation outcomes. For ten consecutive years, Benchmark Litigation has named us a “Recommended Firm.” Our Litigation practice is also recognized by Chambers USA. Additionally, we are ranked nationally in Commercial Litigation, Litigation-Construction, Litigation - Labor and Employment, Litigation - Mergers and Acquisitions, and Litigation - Intellectual Property by 2025 Best Lawyers® "Best Law Firms."
We are proud to be recognized by BTI as an Upmarket Mover in Litigation and to be ranked in the BTI Litigation Outlook 2025 in the following categories:
- Litigation Leader: Commercial Litigation (top 10% of all firms)
- Distinguished in Litigation: Complex Commercial Litigation (top 10% of all firms)
- Litigation Standout: Class Action Litigation (top 17% of all firms)
Experience
- Defended freight logistics and company in breach of contract dispute and obtained dismissal on jurisdictional grounds.
- Represented a global consumer goods conglomerate in connection with fraud and other claims arising from advertising and media buying services.
- Represented American consortium in acquisition of European professional soccer team.
- Represented cable television provider on administrative law and anti-trust (Sherman Act) claims.
- Represented international health care product manufacturer in breach of contract claim stemming from debt offering and warranty offering.
- Represented real estate investment company in responding to government subpoena and investigation.
- Representing a global luxury goods retail conglomerate in a arbitration alleging breach of contract claims.
- Defended one of the nation’s largest home improvement companies in putative nationwide class action alleging a latent defect in the company’s product.
- Successfully defended major financial institution in arbitration against eight-figure breach of contract claims. Acted as second-chair during arbitration hearing.
- As special counsel to the Ohio Attorney General, and lead private counsel for Ohio University, won a complete defense victory for Ohio University in a case stemming from the death of a student at an off-campus property. Set statewide precedent regarding statutory duties, as well as wrongful death and negligence claims owed by schools and universities.
- Brought breach-of-contract and fraud claims on behalf of disaster-relief charity against program participant whose employees stole Superstorm Sandy relief funds.*
- Brought breach-of-contract claims on behalf of a major smartphone manufacturer against a legacy technology licensor that refused to recognize the manufacturer’s rights under a third-party agreement.*
- Brought breach-of-contract claims on behalf of a television network against a satellite television provider that dropped the network’s suite of high-definition TV channels, resulting in billions of dollars in damages.*
- Brought claims against DOCCS on behalf of an incarcerated individual who was beaten by correction officers and suffered brain damage for complaining about prison conditions.*
- Conducted numerous internal investigations, primarily pertaining to employment and compliance issues, including for multiple publicly traded corporations.
- Oversaw prior firm’s Transgender Name-Change Project, which obtained legal name changes for over 60 transgender New Yorkers.*
- Prevailed at Appellate Division in case involving trial court judge who refused to grant name-change applications for any transgender people.*
- Prosecuted claims against the New York State Department of Corrections and Community Supervision (“DOCCS”) on behalf of an incarcerated individual who was framed for organizing an inmate demonstration and sentenced to six years of solitary confinement.*
- Integral part of the multi-jurisdiction defense, including a key jury trial, of a national retailer against tort and public nuisance and related industry claims asserted in In re: National Prescription Opiate Litigation, MDL No. 2804 and related opioid litigation.*
- Represented a Fortune 40 company in defense of federal and state False Claims Act claims relating to a public works technology contract funded by the Department of Homeland Security.*
- Represented Seaway Bancshares, Inc. in fraud and breach of fiduciary duty litigation that involved parallel bankruptcy litigation.*
-
Advised and developed CARB-specific language and addenda for freight brokers arranging for the movement of freight in California.
-
Advised several enterprise shippers, intermediaries, and carriers on the application of the California Air Resources Board’s regulations to their operations in California.
-
Developed and negotiated a production and manufacturing agreement for motor vehicle manufacturers.
-
Representation of carriers, brokers, and shippers in contractual drafting and negotiations.
-
Represented a vehicle manufacturer in its negotiating emissions compliance language with a major city for the sale of vehicles to be used in public transportation.
-
Reviewed, assessed, and offered guidance on several FMVSSs applicable to motorcoaches and their equipment.
- Counseled a major generic pharmaceutical company regarding a new-product launch and avoidance of competitor litigation.*
- Defeated a preliminary injunction on behalf of a medical device manufacturer in direct competitor litigation regarding spinal surgery access tools and implants.*
- Defeated class certification on behalf of a major food producer in a series of class actions alleging false advertising and unfair completion based on alleged health and wellness claims made on product labels.*
- Defeated class certification on behalf of an exporter of nutritional supplements in claims alleging false advertising and unfair competition.*
- Defended a residential services provider against class-action claims of alleged unlicensed contracting.*
- Defended banks in cases alleging mortgage fraud, predatory lending practices, and breaches of contract, obtaining several pre-answer favorable judgments affirmed by the California Court of Appeals.*
- Directed defense of claims alleging breach of non-compete and non-solicitation agreements for key company leadership including obtaining denial of preliminary injunction seeking to bar employee from working for new employer.*
- Directed defense of wage and hour class action claims towards a strategically beneficial settlement.*
- Directed jury-trial defense of competitor litigation alleging tortious interference of contract and unfair competition concerning client’s hiring of key leadership and sales personnel.*
- Directed jury-trial defense of patent infringement claims relating to a medical device manufacturer’s core technology.*
- Directed obtaining of per-answer dismissal of breach of contract claims related to medical device development royalties.*
- Invalidated the patents covering manufacturing process for blockbuster opiate addiction treatments and opioid pain relievers on behalf of a major generic pharmaceutical company.*
- Obtained a favorable early settlement for a consumer product manufacturer in a class action alleging misrepresentations regarding a product’s safety.*
- Obtained dismissal with prejudice, affirmed by the Ninth Circuit, of RICO, fraud, false advertising, and unfair completion claims against individuals alleged to have participated in a Ponzi scheme.*
- Obtained favorable settlement for former CEO and senior management of a publicly traded semiconductor manufacturer in a high-profile defamation action.*
- Second-chaired a Hatch-Waxman ANDA trial on behalf of a major generic pharmaceutical company resulting in a complete victory invalidating the patents covering a blockbuster dry-eye treatment.*
- Won pre-answer dismissal of all claims against a leading computer manufacturer in a case seeking equitable indemnification.*
- Represented class of investors in private equity firm in action against managers for breach of fiduciary duty, misappropriation, and formation of competing private equity firm.*
- Represented Greater Cleveland Automobile Dealers’ Association in high-profile litigation concerning proposed closure of I-X Center.*
- Represented homeowner accused of conspiracy to violate the First Amendment in federal lawsuit in connection with participation in city planning hearing; obtained dismissal of client.*
- Represented multinational tobacco company as lead counsel in multi-million-dollar lawsuit against machinery manufacturer; negotiated settlement at mediation.*
- Represented nationwide class of military veterans in federal lawsuits against Bank of America and Chase Bank involving violation of Servicemembers Civil Relief Act; both matters resulted in multi-million-dollar settlements.*
- Successfully argued matter before Supreme Court of North Carolina regarding discovery rights pursuant to motion to vacate arbitration award; obtained unanimous decision in favor of client.*
- Represented the General Charles Young Foundation as Foundation Counsel to have General Young’s birth home in Ohio listed on the National Registry of Historic places and portions of the interstate between Cincinnati, Ohio and Louisville, Kentucky dedicated the "General Charles Young Memorial Highway." Additionally, worked with the Foundation to have the U.S, Department of Defense rename its "Defense Security Cooperation Institute" to the "Brigadier General Young Institute for Security Cooperation Research and Lessons Learned."
- Represented direct purchaser class in ongoing antitrust lawsuit against telescope manufacturers and distributors.*
- Represented classes of attorney and incarcerated plaintiffs in lawsuit against department of corrections related to faulty drug tests. Helped win preliminary injunction and secure favorable settlement.*
- Represented food startup in trade secret and patent dispute against a competitor, obtaining summary judgment on all patent claims.*
- Represented investor in fraud and trade secret dispute against former portfolio company. Helped secure favorable settlement on the eve of trial.*
- Represented energy company in dispute against investor, helping secure favorable resolution.*
- Represented departing employee in lawsuit against former employer. Successfully defeated two motions for temporary restraining order.*
- Lead counsel for major life science manufacturer in an 18,000-plaintiff mass tort coordinated proceeding in LA County Superior Court. Through trials and aggressive motion practice over a period of 5 years, eliminated 90% of case inventory.
- Won Fifth Circuit appeal over statutory interpretation issue on behalf of DISH Network, LLC.
- Through full mediation, obtained class action settlement of consumer fraud claims on behalf of Fortune 500 company.
- Prevailed on issues before a federal jury on behalf of Fortune 200 company.
- Defended public and private companies in Telephone Consumer Protection Act and Florida Consumer Collection Practices Act litigation.
- Obtained summary judgment on behalf of a major healthcare manufacturer in an employment wrongful termination and retaliation lawsuit in the Northern District of California.
-
Obtained a favorable settlement for a healthcare company in a complex software implementation dispute.
-
Represented a multinational company in an ERP software licensing dispute.
- Achieved on behalf of national home improvement and services retailer dismissal of a consumer class action in the District of New Jersey.
- Defended private equity firm and board of directors and portfolio company against nine-figure claims of breach of fiduciary duty, fraud, and breach of contract brought by senior debt provider resulting in complete defense verdict after multi-month jury trial.
- Defended Fortune 200 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.
- Defended global contract manufacturer in arbitration against nine-figure trade secret misappropriation claims.
- On behalf of global manufacturer and supplier of polymer products, secured in Delaware Chancery Court injunctive relief ceasing competitor’s operations for post-acquisition breach of stock purchase agreement.
- Defended Fortune 500 energy company in the Supreme Court of New York, Commercial Division against eight-figure claims of breach of contract and fraud related to the sale of generation assets.
- Obtained and collected on behalf of Fortune 500 energy company a multi-million-dollar arbitration award for breach of contract following a hearing before a three-member arbitration panel. The arbitration panel also awarded attorneys’ fees, which the Sixth Circuit affirmed.
-
Defeated class certification and prevailed on Daubert arguments dismissing the opinions of class plaintiffs’ damages and consumer survey experts, successfully arguing on behalf of telehealth company that plaintiffs' claims involved too many individualized questions regarding injury and damages, rendering class treatment inappropriate.
- Represented multiple clients in enforcement actions and litigation against the Federal Trade Commission, including in in-house FTC adjudication, in federal district court, and in federal courts of appeal.
- Represented infant product manufacturer at trial and in U.S. Court of Appeals for the Tenth Circuit in product liability case brought by Consumer Product Safety Commission.
- Represented mortgage lender in district court and in Seventh Circuit Court of Appeals in enforcement action brought by Consumer Financial Protection Bureau.
- Represented Horsemen Associations challenging nationwide rules issued by Federal Trade Commission and Horseracing Integrity and Safety Authority.
- Represented healthcare provider in case challenging constitutionality of administrative proceedings at Centers for Medicare and Medicaid Services.
- Represented individual in litigation against United States Department of Agriculture over constitutionality of USDA enforcement proceedings.
- Represented engineering firm at Ohio Supreme Court, winning case that reshaped deference to Ohio administrative agencies.
- Represented medical technology company in trial regarding contract dispute.
- Represented one of nation’s largest financial firms in trial over contractual dispute.
- Represented asylum seekers in front of Immigration Judge and Board of Immigration Appeals.
- Filed multiple amicus briefs at U.S. Supreme Court in administrative law cases.
- Represent manufacturer of diabetes medication in ongoing marketing and sales practices class action litigation pending in New Jersey District Court, alleging breach of express and implied warranties, fraud, negligent misrepresentation and violation of state consumer protection statutes.
-
Defended manufacturing corporation in breach-of-contract action brought by former vendor claiming over $2 million in damages. Served as first chair for a multi-day arbitration and secured a full defense verdict.
- Represents an investment firm in litigation pending in the New Jersey Superior Court to recover a $70 million loan secured by an office complex in Short Hills, New Jersey. The motion was granted to dismiss several counterclaims filed by the defendant in full, eliminating all the defendants’ defenses to the client’s claims.
-
Secured multiple favorable settlements of multi-million dollar product-liability lawsuits brought against a major vehicle manufacturer throughout the United States.
-
Successfully defended a major shipping company in a jury trial on a contract claim that sought to impose a multi-million dollar obligation for hauling services.*
-
Manages key elements of high-profile defamation litigation against major media outlets featuring claims for more than $2 billion in damages.
-
Led team that successfully defended a $60 million claim for breach of a brand-license agreement following a multi-week arbitration hearing.
-
Provided counsel in litigation throughout the United States aimed to recover misappropriated funds in the largest Ponzi scheme in history.*
-
Serves as primary litigation counsel for national commercial-property management firm involving a range of leasing and related disputes.
-
Served as lead appellate counsel in proceedings arising from a range of litigation.*
- Represented a multinational investment bank and financial services company in a putative class action alleging violations of the Commodity Exchange Act for allegedly manipulating the U.S. Treasury market and injuring holders of short positions who were forced to cover at higher prices. Class certification was denied, and the case was resolved pursuant to Rule 68 on an individual basis only.*
- Represented a multinational investment bank and financial services company in a putative class action seeking the recovery of postage and handling fees associated with tens of thousands of securities transactions. The First Amended Complaint was dismissed with prejudice on motion. The ruling was affirmed by the Seventh Circuit on appeal.*
- Represented debtors’ estates in a three-week bench trial in support of substantive consolidation. Judge Sonder by of the U.S. Bankruptcy Court in Chicago ruled in the debtors’ favor on certain claims and against the debtors on other claims. The case was settled on terms favorable to the client.*
- Representation of clients before the Securities and Exchange Commission – Successful representation of numerous companies, hedge funds, and individuals before the SEC in private, formal investigations.*
- Represented lead underwriters in a shareholder class action involving two public offerings by a privately owned moving industry holding company and after the court's partial grant of the underwriters' motion to dismiss, the parties resolved the case through an agreement, absolving the underwriters from any financial obligations.*
- Lead counsel in prosecuting federal antitrust and related state law claims against state governing board for youth hockey and four Tier I hockey clubs for allegedly enforcing an illegal restraint that prohibits no more than four Tier I hockey clubs in Illinois. The matter was resolved, and the Reapers begin operating a Tier I club in the 2021-22 hockey season.*
- Represented regional bank and its association in defense of a 10-count complaint alleging malfeasance in connection with the client’s actions as a co-trustee of a large family trust. The case is currently in the pleadings phase.*
- Represented a financial services company in the successful defense of long-running antitrust MDL alleging that credit card issuers conspired to adopt and maintain arbitration provisions with class action waivers in their cardholder agreements. Following a six-week bench trial, the District Court entered judgment for the issuers on plaintiffs’ antitrust claims for injunctive relief against the challenged arbitration provisions. The ruling was affirmed by the 2nd Circuit on appeal.*
-
Participated in trial defense and jury trial for defendant accused of double homicide based primarily on surveillance and vehicle evidence; obtained full acquittal.*
- Participated in trial defense of Harvey Weinstein’s New York prosecution and consulted on appeal.*
-
Represented petitioner in habeas action resulting in vacated murder conviction on eve of hearing.*
-
Represented defendant charged with mortgage fraud; successfully negotiated misdemeanor resolution and sentence of probation.*
-
Acted as lead counsel on successful appeal of felony murder conviction, resulting in overturning of 56-year sentence.*
-
Represented defendant accused of participating in $5 million Ponzi scheme; handled pretrial motions, including conducting evidentiary hearing on motion to dismiss; acted as second chair at trial.*
-
Represented defendant facing false statement charges in public corruption probe; drafted sentencing memorandum and participated in all aspects of sentencing that led to a sentence of one year probation.*
-
Handled all aspects of extensive pretrial litigation in espionage case; acted as second chair at trial, and continued representation at sentencing and on appeal.*
-
Represented doctor initially charged with healthcare fraud and consecutive two-year mandatory minimum aggravated identity theft charge; identified legal deficiency in the indictment leading to dismissal of the identity theft charge and an ultimate sentence of one year and one day incarceration.*
- Represented doctor accused of multimillion dollar healthcare fraud; acted as second chair at trial where defendant was convicted at trial the loss amount and restitution were driven down to $16,554.*
-
Represented defendant in ten year mandatory minimum Controlled Substances Act prosecution; drafted motion to suppress evidence that led to dismissal of the indictment.*
-
Acted as second chair in bench trial for murder defendant; charges dismissed upon motion for a judgment of acquittal.*
-
Represented attorney accused of participating in mortgage fraud scheme; acted at second chair at trial where split verdict was obtained; achieved non-custodial sentence and acted as lead counsel on appeal.*
-
Obtained a fine-only sentence without term of probation for felony tax fraud defendant.*
-
Represented the longest recognized wrongfully incarcerated individual in Illinois history in § 1983 action; plaintiff was wrongfully accused of a 1984 rape and murder that occurred in Park Forest, Illinois.*
-
Participated in trial defense and helped obtain full acquittal after jury trial for defendant accused of first degree murder.*
- 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 client in a CERCLA action pending in the U.S. District Court for the Northern District of Indiana.
- Successfully resolved a dispute on behalf of a public utility against a large public school district.
- Defending a dental services organization in a False Claims Act case pending in the U.S. District Court for the Southern District of Ohio.
- 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.
- Representing a client in ongoing investigations conducted by multiple state attorneys general.
- 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.
- 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.
- Successfully resolved two disputes threatened against a client by former C-level managers.
- 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 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 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.
- 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.
-
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.
- Representing a global pharmaceutical company in connection with major land acquisition and development project.
-
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.
-
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 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 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.
-
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.
- Represented individual plaintiff in corporate governance lawsuit in Delaware Court of Chancery involving Delaware Limited Liability Company Act.
- Represented manufacturer in Carmack and breach of contract dispute against logistics company and motor carrier following destruction of its cargo in train crash.
- 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 freight logistics and brokerage company in various breach of contract actions against shipping customers and motor carriers.
- Successfully negotiated contractual disputes between freight logistics and brokerage companies and motor carriers.
- 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.
- Represented healthcare company in business dissolution lawsuit.
-
Represented public and private companies in a variety of commercial contract litigation.
-
Defended multiple lawsuits alleging violations under federal and state telemarketing laws.
-
Defended nationwide putative consumer class actions seeking to hold CVS Pharmacy, Inc. liable for product labeling.
- 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.
-
In a 2023 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 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.
- 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.
- 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.
- Represented companies in toxic tort and Prop 65 litigation alleging harmful exposures to chemicals.
-
Represented multiple cannabis companies in breach of contract actions and employment disputes.
- Represented clients in 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.
- 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 multinational logistics company in federal court litigation that settled with favorable result for client after multiple mediations.
-
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.
- 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.
- Provide compliance counseling to psychotherapy conglomerate regarding duties in responding to a subpoena, as well as compliance with government investigations.
- Successfully negotiated and resolved consumer disputes against a sizeable motor vehicle company and its dealerships.
- 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.
- Obtained summary judgment on behalf of defendant in putative class action brought under the Telephone Consumer Protection Act.
- Won jury trial (second chair) in federal court on behalf of corporation, obtaining seven-figure damages award and an award of attorneys’ fees rising from claims for tortious interference with business relationship, defamation, and violations of the Ohio Deceptive Trade Practices Act. Decision affirmed on appeal.
- 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.
- 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.
- 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.
- Successfully represented company co-owners, including state legislator, in governance fights against unreasonable family members in two large closely-held Ohio companies.
- Through full arbitration, secured total defense judgment on discrimination claims brought by terminated employee against top executive leading a division of an international enterprise.
- 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.
- 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.
- Achieved highly favorable settlements by bringing suit in Delaware Superior Court against an Australian fitness franchisor and an international provider of industrial gases.
- 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 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.
- Won Sixth Circuit appeal over seven-figure attorney’s fee claim, after helping power-plant operator prevail in contract dispute over key commodity supply.
- 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.
- Obtained an $18.4 million settlement for Fortune 500 company in a complex breach of contract and fraud dispute with a telecommunications company.
- 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.
- 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 for national consumer health company in defense of consumer class action concerning product labeling.
- Represented national consumer goods company in putative class action concerning alleged product defect.
- Defended multiple first-of-their-kind lawsuits under state telemarketing laws.
- Achieved dismissal of myriad FACTA class actions in state and federal court.
- Achieved settlement for proprietary higher education institution in false advertising matter brought by the Federal Trade Commission.
- 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.
- 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 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 class actions regarding the labeling of over-the-counter pharmacy products.
- 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.
-
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 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.*
-
Lead counsel in Illinois and Missouri asbestos litigation, routinely securing the early dismissal of claims or favorable resolutions.*
-
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.*
-
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.*
-
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.*
-
Trial and lead counsel for injection molding machinery manufacturing client in various product liability and wrongful death suits.*
-
Lead counsel for hip replacement litigation in state and federal courts.*
-
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.*
- 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 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.
- 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.
- 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.
- 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.
- 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 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.*
- 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.*
- Represented high-profile financial industry defendant in three separate defamation lawsuits related to content posted on internet magazine.*
- Successfully represented a telecommunications broker in commissions litigation against Fortune 500 company.*
- 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 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 pharmaceutical company and individual officers in commercial contract litigation over the theft of trade secrets and poaching employees.*
- 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 prominent nursery school in high-profile litigation concerning relocation of the school and portability of its finances.*
- 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 prevented a financial institution from appointing a receiver in a foreclosure proceeding concerning commercial property in Brooklyn, New York.*
- 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 prominent California winemaker seeking to compel California public utility to redeem municipal bonds.*
- Successfully represented a leading New York construction firm in a dispute concerning a major downtown construction project.*
- 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.*
- 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 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 obtained dismissal of all defendants from complex real estate broker litigation.*
- Successfully obtained temporary restraining order in shareholder oppression arbitration over family-owned retail business.*
- 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 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 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 federal and local providers of legal services to the poor in litigation to recover real estate property.*
- Successfully represented real estate investment trust in complex anti-takeover litigation.*
- Successfully defended a Fortune 500 institutional lending company in complex securities and ERISA class actions.*
- Represented prominent hedge fund suing seller of legal receivables in $24 million fraud litigation.*
- Representing a global election technology in a defamation suit seeking over $2 billion against Fox News and others.
- 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.
- Representing a gas utility seeking PUCO approval for the sale of its parent company.
- Representation of Columbia Gas of Ohio in consolidated state court proceeding stemming from a natural gas explosion in Upper Arlington, Ohio.
- 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 Portsmouth, Ohio.
- 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.*
- 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.*
- Prevailed on motion to dismiss in securities class action brought against Sequans Communications.*
- 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.*
- 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.*
- 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.*
- Represented the victim of a $100 million embezzlement scheme in civil suits against national and regional banks.
- Represented an investor and former CEO of an oil field services company in a suit to recover funds from a defaulted commercial loan.
- Defended a national check cashing company against claims of consumer fraud and gross negligence, resulting in favorable settlement for the client.
- Represent a publicly traded company in a multi-billion dollar defamation suit against leading national media network.
- 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.
- Successfully defended dental provider in multiple small claims trials alleging a variety of negligence claims.
- Successfully obtained dismissal of Telephone Consumer Protection Act claim after oral argument on motion to dismiss.
- Trying case to verdict in favor of anaerobic digestor qualified as a “public utility” exempt from township zoning authority.
- 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.
- Successfully forced voluntary dismissal of a putative class action alleging violations of California Labor Laws.
-
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.
- 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.
- 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.
- 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.
- Counsel to lender in various foreclosure and related actions in Delaware, New York, New Jersey, and Pennsylvania.
- Successfully preserved property tax exemption for large public nature preserve.
- Representing three electric distribution utilities in a contested multi-billion-dollar electric security plan proceeding.
- Representing the world’s leading transportation network company in various Ohio PUCO proceedings.
- Successfully represented purchaser of small natural gas distribution utility in obtaining PUCO approval of acquisition.
- Procuring PUCO approval for the merger of four natural gas utilities.
- Obtaining an arbitration award in excess of $1.7 million for breach of an Asset Purchase Agreement.
- 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.
- Obtaining several million in direct customer benefits for a municipal client as part of a contested Electric Security Plan proceeding.
- Negotiating numerous on and off-site solar energy related agreements, totaling over 100 MW, for municipal and industrial clients.
- Representing a competitive retail electric provider before the Ohio Supreme Court in several rate cases.
- Representing an international automotive manufacturer in PUCO proceedings relating to distribution network adequacy and rate structure.
- 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.
- Acting as national compliance counsel for one of the country’s largest competitive retail electric service providers.
- Representing an Ohio municipality in PUCO proceedings relating to government aggregation.
- Obtaining a $27.8 million judgment in a bank fraud proceeding.
- 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.
- 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.
- 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 purchaser of a publicly-traded natural gas utility holding company and obtaining PUCO approval of the associated merger transaction.
- 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.
- 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.*
- Negotiated settlement for start-up client in payment dispute with industry giant.*
- Counseled landlords and small business owners in physical accommodation litigation brought against them under the Americans with Disabilities Act (ADA).*
- Represented plaintiff in highly contentious breach of oral contract action, obtaining settlement on the eve of trial.*
- Obtained workplace violence prevention restraining order on behalf of entertainment company against aggressive and violent self-proclaimed animal rights activists.*
- Represented Am Law 100 firm in workplace violence prevention restraining order brought against former employee.*
- 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.*
- 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.*
- Represented trustee in probate, civil and criminal proceedings stemming from accusations of embezzlement.*
- Won at jury trial in multimillion dollar toxic tort exposure case.
- Achieved settlement for proprietary higher education institution in false advertising case brought by the Federal Trade Commission.*
- Represented auto industry manufacturer in multiple federal cases involving trade secret misappropriation and state law claims.*
- Negotiated successful settlement for energy exploration company in a breach of contract action regarding management of drilling operations.*
- Represented pharmaceutical manufacturer in ongoing multi-district and multi-state litigation involving alleged fraudulent marketing.*
- Secured dismissal with prejudice of state and federal consumer fraud claims for national physical therapy chain.*
- Negotiated settlement of trade secret misappropriation claims for drug component manufacturer.*
- Member of trial team in a proceeding seeking rejection of the company's collective bargaining agreements.*
- Represented national baked goods chain in putative class action alleging false advertising regarding product content.*
- Represented smartphone manufacturer in class actions alleging fraudulent marketing and advertising of smartphones.*
- Secured dismissal with prejudice of antitrust and patent fraud claims for pharmaceutical company.*
- 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.*
- 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.*
- Obtained summary judgment of non-infringement and unenforceability due to inequitable conduct on behalf of a generic pharmaceutical client in Hatch-Waxman ANDA litigation.*
- 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.*
- 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 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.*
-
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.*
- 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.
- 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.
- 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.
- Represented purchaser on claims for breach of contract, fraud, and intellectual property violations related to a multimillion dollar corporate acquisition.
- Prosecuted and defended breach of contract, breach of warranty and liquidated damages claims involving the construction of several multi-story parking facilities.
- Represented nationwide contractor in disputes against public owners involving construction projects for various public universities.
- 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)
- 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)
- 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).
- Achieved dismissal with prejudice of FCRA action against a prominent jewelry company.
- Obtained dismissal of BIPA actions against a major grocery store company and airline service provider.
- Quickly achieved a class resolution of a BIPA action against hospitality company.
- Coordinated the defense of multiple TCPA class actions against a medical device company, achieving a global resolution for pennies on the dollar.
- National TCPA counsel to a major pharmacy company and diagnostic testing center.
- National TCPA and privacy counsel to one of the country’s largest dispensary software platforms.
- National FACTA counsel for one of the country’s largest software providers.
- 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, LLC liable under 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 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 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 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 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 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.
- 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 private equity fund in its acquisition of a new platform company focusing on same day courier services and supply chain logistics solutions.
- Representing manufacturer of road markers against eight-figure claims of defect and personal injury.
- Representing global petrochemical companies against mass tort and toxic exposure claims in multi-district cases and class actions.
- Representing nation states in bilateral investment treaty disputes involving billions in disputed claims.
- Representing national retailer of consumer products in successful denial of class certification in multiple class actions alleging various warranty and consumer protection claims.
- 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 on appeal major waste management corporation in successful reversal of largest employment verdict in Ohio history of nearly $50 million.
- Representing a leading aerospace jet engine component manufacturer in nine-figure arbitration against a customer alleging breach of contract and breach of warranty claims.
- 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.*
- 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 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.*
- 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.*
- Defended depositions in a complex tort case involving a regional healthcare network.*
- 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.
- Secured early settlement in state-wide class action and successfully managed settlement compliance, including training professional staff from 19 sites across California.
- 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.
- Defended retail company in California state-wide class action against allegations of violations of various California consumer protection statutes.
- 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.
- 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 manufacturer seeking to enjoin and/or obtain damages from a competitor engaged in exclusionary conduct.
- Offensive and defensive representation of a Fortune 100 company in connection with business torts, breach of contract, trade secrets, and IP rights.
- Represented a consumer products and services company with a sales tax class action.
- Represented a Fortune 100 company and its officers in private plaintiff securities fraud and insider trading class actions.
- Defended a putative class action against a financial institution alleged to have fraudulently induced consumers into mortgages they could not afford.
- Preserved a $15.9 million verdict before the Ninth Circuit in a case involving complex real estate and contractual interpretation issues.
- Represented a corporate officer against allegations of misappropriation of trade secrets and breach of fiduciary duty.
- Represented an employer defending against class claims alleging improper compensation of employees.
- Defended a Fortune 100 company against alleged price fixing by a purported competitor.
- Represented an individual related to allegations of insider trading brought by the SEC.
- Represented a global financial institution in a bankruptcy matter pertaining to interest owed.
- Represented a corporation in a deceptive trade practices putative class action, alleging unfair competition, fraud, and violations of the Consumer Legal Remedies Act.
- 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.
- Design and implementation of preventive policies and procedures to manage likely government inquiries, audits, and investigations for highly regulated business.
- Management of internal investigation to evaluate potential need for self-disclosure and evaluation of potential False Claims Act liability.
- Represented individual unit owners in obtaining temporary restraining order (“TRO”) and successfully mediated dispute involving fiduciary duty of condominium building Board of Directors.
- Represented equity ownership in self-disclosure to Office of Inspector General related to submission of claims to government in violation of regulatory standards
- Successful management of investigation into alleged conduct of executive resulting in declination of any charges (resulting in indictment of six other individuals);
- Represented multiple business in government audits and OIG investigations seeking recoupment of government issued funds.
- 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
- Negotiation of successful cooperation agreement and related resolution of criminal and administrative charges for Owner/CEO.
- 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 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 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 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 CEO/owner related to criminal charges alleging regulatory violations and submission of false claims.
- Testified in murder trial, as outside general counsel, on behalf of institutional client requested to produce documentation and establish foundation before jury.
- Represented corporation in False Claims Act litigation alleging systematic submission of billing to government below established regulatory standards
- Represented CEO of business facing allegations of violating Anti-kickback statute and submission of fraudulent bills to government
- Represented wholesale distributor in DEA seizure action and filed writ of mandamus resulting in DEA returning millions of dollars of active pharmaceutical ingredients.
- Represented CEO in appearance before government investigative body
- Management of government audit/investigation into industry leader following successful self-disclosure of regulatory error.
- 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)
- 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.
- 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 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.
-
Defended a nationwide putative class action brought by Schwebel Baking Co. on behalf of itself and similarly situated, large commercial and industrial customers of FirstEnergy.
- 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.
- 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.
- 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 purchaser in responding to government inquiries following acquisition of a competitor.
- Advised a company regarding potential exposure to trade secret claims by an acquisition target.
- Advised a real estate investment firm in breach of contract negotiations with a former investor.
- Advised a technology company on a breach of contract claim relating to royalty payments.
- Represented underwriters in securities fraud litigation alleging misrepresentation in connection with an IPO. Settled claims prior to commencement of discovery.
- 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 Fortune 100 purchaser in responding to government inquiries relating to acquisition.
- Represented a manufacturer in a contract dispute with a supplier for failure to provide negotiated rebates.
- 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 broker-dealers in a putative class action alleging improper “naked” short selling. Secured voluntary dismissal of claims with prejudice.
- 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 “Big Four” accounting firm against a breach of contracts claims by audit client.
- 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.
- Advised a technology company regarding potential trade secret misappropriation claims against a competitor following the departure of several employees.
- Represented a Fortune 100 company against claims of aiding and abetting breach of fiduciary duty claims following an acquisition.
- Represented a Fortune 100 purchaser in responding to government inquiries following an acquisition.
- 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 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 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 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 broker-dealers in a securities fraud class action alleging improper short trading. Obtained voluntary dismissal of claims.
- Represented a beef producer against product liability claims following a food contamination event. Negotiated dismissal of claims.
- Represented cable set-top manufacturer and officers against securities fraud claims. Plaintiffs sought over $2 billion in alleged damages.
- 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 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 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.
- 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.
- Represented a Fortune 50 financial institution against claims of predatory lending in violation of the Fair Housing Act.
- 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 automotive parts manufacturer in a putative class action alleging violation of ERISA fiduciary duties due to offering company stock as a retirement investment option.
- Represented a Fortune 100 company in negotiations over enforcement of a noncompete agreement by a former employer.
- 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 leading beef producer in a breach of contract and breach of fiduciary dispute against an employee.
- Represented Fortune 50 financial institution in putative class action alleging manipulation of multibillion-dollar Treasury market.
- Advised leading technology manufacturer regarding response to product recall.
- Advised manufacturer regarding damage exposure relating to potential hardware defects.
- Represented a technology company against a trade secret misappropriation claim. Secured summary judgment based on statute of limitations defense.
- 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 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 a gold refinery in a multimillion-dollar breach of contract and tort dispute with a former supplier.
- Represented a beef producer against contribution claims by a competitor following a food contamination event. Secured summary judgment in favor of the producer.
- Advised a leading consumer product manufacturer on defamation claims against a supplier.
- Represented an asset manager with respect to news coverage and advised regarding defamation claims against a media outlet.
- 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 cybersecurity developer in negotiations with a competitor over disparaging advertising and marketing material.
- Advised a real estate investment firm in negotiations over a breach of contract and defamation dispute with a former partner.
- 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 a developer of firewall products in negotiations with a competitor over disparaging marketing material.
- 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 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.*
- 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.*
-
Successfully defended a Fortune 500 media company in a jury trial on a $17 million claim for breach of a long-term supply contract.*
-
Secured a multimillion-dollar verdict following a jury trial in a dispute involving a series of complex software-license agreements.*
-
Successfully defended major consumer-product company in a securities class action aimed at derailing a $500 million going-private transaction.*
-
Successfully defended international construction cocompany in a series of contract disputes.*
- 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 plaintiff pharmaceutical company in trade secrets case in New Jersey.
- Counsel to manufacturing company in product liability defense in New Jersey.
- Counsel to defendants in trade secrets case in New Jersey.
- Obtained summary judgment and affirmance of judgment on appeal for a financial institution client in a seven-figure priority dispute in bankruptcy court.
- Obtained no liability judgment in favor of client following bankruptcy court trial of a high six-figure preference and fraudulent conveyance claim.
- 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.
- 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 $22 million settlement for global media company in complex licensing dispute with international brand.
- 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 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.
- 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.
- Drafted a successful defense motion for summary judgment in a multidistrict proceeding seeking billions of dollars of damages under RICO.
- 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.
- Secured the dismissal with prejudice of class action claims in an off-label marketing case also seeking billions of dollars of damages.
- Saved a client manufacturer tens of millions of dollars by removing price caps on two preexisting contracts the parties had operated under for years.
- Negotiated a unique structure to enable the turnover of care, custody and control of a billion-dollar power generation facility.
- 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 international healthcare company in discovery litigation in Delaware.
- Counsel to lender in various foreclosure and related actions in Delaware, New Jersey, and Pennsylvania.
- Counsel to defendant in TCPA litigation in New Jersey.
- Co-counsel to plaintiff in RICO litigation in California.
- Counsel to defendant in various patent ligation matters in Delaware.
- Counsel to former employee plaintiff in breach of contract action in Delaware.
- Counsel to national jewelry company in replevin action in Delaware.
- Obtained a favorable defense resolution of a putative wage and hour collective action for a major manufacturer.
- Obtained a favorable defense resolution of a case alleging theft of trade secrets against a major manufacturer.
- 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 dismissal for a global financial institution of claims arising from an allegedly improper drawdown on a series of international letters of credit.
- 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.
- Consulted with a national financial institution regarding its ediscovery practices and litigation response.
- Successfully opposed the transfer of a case to the United States Judicial Panel on Multidistrict Litigation in a products liability class action.
- Achieved favorable settlement on behalf of large manufacturing company in dispute alleging multiple hazardous construction defects in specialized refinement facility important to national security.
- 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.
- 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 bank against claims made by a court-appointed trustee stemming from a nine-figure embezzlement scheme.
- Representing national manufacturing company in complete dismissal of employer intentional tort and punitive damages claims.
- Representing national IT services company against seven-figure breach of contract and warranty claims.
- Representing a major automotive parts manufacturer in complete dismissal of seven-figure defect and personal injury claims.
- Representing on appeal a major automotive manufacturer in reversal of improper award of attorneys’ fees.
- Representing a major insurance company in dismissal of seven-figure indemnity claims.
- Represents major insurance companies and large corporations in breach of contract, claims mishandling and breach of fiduciary duty in both arbitration and litigation.
- Represented clients in a complex consumer fraud case involving allegations of misrepresentations to retail customers.
- Represents companies defending class action lawsuits that allege violations of various federal statutes, including the Telephone Consumer Protection Act.
- Secured settlement for a large pharmaceutical company in a suit alleging breach of contract and breach of fiduciary duty.
- 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.
- Successfully defended clients against claims of trademark infringement and trade secret misappropriation, including related injunction practice.
- 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.
- 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 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.
- 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.
- 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 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 two companies in an action seeking several million dollars in damages.
- Received favorable jury verdict on claims arising from destruction of property involving a retail store in Stark County Court of Common Pleas.
- Represented manufacturer in successfully showing patent infringement and false advertising.
- 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 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.
- Represented Dinesol Building Products in the Federal Circuit Court of Appeals in July 2006.
- Successfully defended a research scientist and new employer against trade misappropriation and breach of contract lawsuit.
- Successfully defended Cooper Tire, Inc. against trade secret misappropriation and unfair competition claims.
- 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.
- 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.
- Serves as lead trial counsel in various matters involving significant bodily injury and/or wrongful death.
- Extensive experience in defending political subdivisions relative to claims of excessive force, constitutional rights violations, and matters involving qualified immunity.
- 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 Arizona arts dealer in copyright infringement litigation.
- Represented Ideastream (public television and public radio) in American Archives Pilot Project.
- Represented Homax Group in trade dress litigation concerning various consumer products.
- Represented major hair clinic in intellectual property litigation.
- Represented Homax Group in false advertising litigation in Northern District of Ohio.
- Represented leading University art historian in dispute over authenticity of Jackson Pollock works.
- 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 major health care provider in authorship dispute over software.
- Prosecuted several copyright infringement actions against several online ringtone companies for infringement of musical compositions.
- Represented Mavea, a division of Brita GmbH, in Northern District of California trademark infringement litigation, and other ancillary matters.
- Represented OverDrive, Inc. in various litigations.
- Represented House of Spices in numerous trademark litigations (obtaining injunctions, consent judgments, and damages).
- Represented Lynyrd Skynyrd in copyright infringement dispute in the Northern District of Ohio.
- Represented American Greetings Corporation in AAA dispute over creative content.
- Quarterbacked music content licensing program for OverDrive, Inc. and its public library customers.
- Defended moving company for alleged violation of Truth-In-Leasing Regulations in putative nationwide class action.
- Successfully resolved multi-state class action alleging violations of Truth-In-Leasing Regulations by motor carrier.
- 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.
- Representation of a technology firm in a breach of contract, tortious interference, and misappropriation of trade secrets case.
- 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 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.
- Represented credit card processors and issuing banks in a variety of litigation, including putative class actions and Consumer Financial Protective Bureau investigations.
- Representation of mortgage originators, servicers, and securitization trustees in consumer class actions challenging the banks’ lending, servicing, and foreclosure practices.
- 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 banks in multi-district litigation alleging that the banks wrongfully assessed certain overdraft fees.
- Represents companies of all sizes, from individual proprietorships to large, national corporations in various aspects of business litigation, including breach of contract and general tort litigation.
- Successfully appealed a trade dress protection case for a market newcomer accused of copying a large competitor’s unpatented grease pump. The Sixth Circuit reversed the decision and saved the client $2 million in damages.
- Regular representation of large banks, lending institutions and mortgage servicing companies in the defense of consumer claims brought in response to foreclosure litigation.
- 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.
- Successfully defended publicly traded manufacturer that hired away a key executive-level employee from direct competitor that sued to enforce noncompete.
- Settled for a nominal amount a putative national class action seeking in excess of $100 million in damages for a large international financial institution.
- Represented financial institutions in shareholder class actions and other related cases.
- Successfully defended law firm from legal malpractice claim arising from complex commercial real estate transaction.
- Defended incumbent directors against dissident shareholders’ attempt at removal.
- Represented private equity funds in litigation against former owners of the funds’ portfolio companies.
- Obtained temporary restraining order preventing client from being terminated from a substantial joint venture management agreement.
- Successfully enforced three noncompetes, including one against the former head of a U.S. division, on behalf of a major sports agency.
- 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.
- Obtained favorable summary judgment precluding a claim for $15 million in lost profit damages in a joint venture agreement.
- Successfully enforced noncompete against competitor that raided distribution network in Spain, obtaining court order enforcing noncompete on a worldwide basis.
- Obtained $10 million settlement for Fortune 500 company from supplier of defective components that were incorporated into machines sold around the world.
- 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.
- 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.
- 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.
- 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 arbitrated real estate contract case in which the opposing party sought millions.
- Represented world-renowned athlete in obtaining millions in licensing fees in connection with a licensing dispute.
- Tried to defense verdict a jury trial in a toxic tort case on behalf of a large national product manufacturer.
- 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.
- Obtained $10 million settlement in a UCC dispute involving two Fortune 500 clients.
- Successfully enforced three non-competes, including one against the former head of a U.S. division, on behalf of a major international sports agency.
- Defeated class certification attempt in putative nationwide class action brought by prominent class action plaintiffs' firm against a large publicly traded company.
- 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.
- Obtained voluntary dismissal of product liability suit alleging design and manufacturing product defect in connection a hip implant.
- Obtained summary judgment in favor of employer in suit alleging intentional infliction of emotional distress and wrongful discharge.
- Obtained summary judgment in favor of newspaper publication in suit alleging defamation.
- Obtained voluntary dismissal of suit alleging personal injury and wrongful death in connection with fatal transportation accident.
- Obtained summary judgment in favor of medical provider in federal civil rights claim.
- Represented product manufacturer in suit alleging violations of California Proposition 65.
- Defended transportation company at trial, in suit alleging negligence in loading of cargo.
- 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 denial of class certification on behalf of corporate defendant in nationwide putative class action alleging violations of the Telephone Consumer Sales Protection Act.
- 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.
- Represented company for alleged cybersquatting, violations of Anticybersquatting Consumer Protection Act, and false designation of origin.
- 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.
- 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.
- Participated in evaluation of options and actions for recalls or voluntary corrective actions for consumer and other products.
- 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.
- 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.
- 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 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.
- Samuelson v. Durkee/French/Airwick and Thomas Havrilesko, 976 F.2D 1111 (7th Cir.) Affirming summary judgment in retaliatory discharge action.
- 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.
- 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.
- Prevailed on summary judgment in a sick building case in which seven plaintiffs claimed they had contracted multiple chemical sensitivity.
- Represented a client in litigation to enjoin the use of copyrighted architecture drawings and recover lost business profits.
- 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.
- Represented a nursing facility in an action against a former resident's relative who had engaged in a fraudulent transfer of property.
- Represented and advised motor carriers on an emergency basis in connection with catastrophic accidents, including fatal highway accidents.
- Purchased Parts Group, Inc. v. Royal Appliance Mfg. Co., 2000 WL 33125340 (Tenn. App.) Upheld order dismissing manufacturer for lack of personal jurisdiction.
- Represented client as defendant in trademark infringement litigation before the court and as opposer in Opposition proceeding before the Trademark Trial and Appeal Board.
- 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 jury trial in a commercial dispute regarding construction materials.
- Won complete reversal of multimillion dollar personal injury verdict as newly appointed appellate counsel in Pennsylvania case involving amputation.
- Won plaintiff's verdict at trial in action to deem a commercial debt non-dischargeable due to debtor's fraud.
- Served on the product safety committee of publicly traded global consumer product manufacturer.
- 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.
- Successfully litigated a wrongful death action alleging malfunction of a perfusion medical device during open heart surgery.
- Won at jury trial in a case alleging $33 million in damages for allegedly defective glazed bricks in eight high rise apartment buildings.
- Domo v. Stouffer, 580 N.E.2d 788 (Ohio App. 6 Dist.) Corporate shareholder dispute.
- Represented defendant in patent infringement litigation concerning lawn tool; successfully transferred action to local district court; court held for client after Markman hearing.
- Defended a manufacturer and distributor of a variety of medical devices, including crutches, cold therapy devices, wheelchair lifts, etc.
- 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.
- Samuelson v. Durkee/French/Airwick, et al., 701 F.Supp. 729 (N.D. Indiana) Summary judgment dismissing Plaintiff's Title VII and retaliation claims.
- 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.
- Granting summary judgment on Learned Intermediary Doctrine and proximate cause in medical device case.
- 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.
- Prevailed on summary judgment in a nationwide sales representative wrongful termination class action.
- 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.
- 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.
- 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.
- Successfully defended motor carriers in litigation arising from vehicle accidents, ranging from relatively minor injuries to fatalities.
- Represented banks and other institutional clients in numerous receivership proceedings in both state and federal courts.
- Won summary judgment on behalf on nursing home in action involving personal injuries, alleged "malpractice" and violations of residents' rights involving clinical care.
- 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.
- Kenneth Talmon v. First National Supermarkets, Inc., 1989 WL 157234 (Ohio App.) Affirming summary judgment on state lottery sweepstakes issues.
- Represented a legendary rock artist in copyright infringement litigation and negotiated favorable settlement after summary judgment rulings.
- Represented insured trucking company in an excess insurance scenario and successfully orchestrated multi-million dollar settlement under policy limits in dual injury amputation case.
- 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.
- 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.
- Won summary judgment in unjust enrichment action brought against commercial landlord by contractor of former tenant.
- Successfully litigated multi-million dollar breach of asset purchase agreement, breach of warranty and breach of material sourcing contract cases.
- Successfully litigated breach of covenant not to compete cases.
- Represented a property owner in trial court and on appeal in a complex partition dispute involving several million dollars of Columbus real estate.
- 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.
- Negotiated and drafted documents to amend easements following an encroachment during site preparation for new hotel development.
- Louis Fodor, Trustee v. First National Supermarkets, Inc., 1990 WL 93210 (Ohio App.) Commercial lease and occupancy issues regarding continuous use clause.
- 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.
- 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.
- U.S.A. Parking Systems, Inc. v. Penn-Lillis Corp., 1995 WL 601186 (Ohio App. 8th Dist.) Won summary judgment in commercial lease dispute.
- Louis Fodor v. First National Supermarkets, Inc., 1993 WL 526660 (Ohio App. 8 Dist.) Commercial lease issues regarding continuous operation clause.
- 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 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 “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 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 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 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.
- 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.
-
Represented next generation health technology company in $50 million Series B round and $16 million Series A round.
- 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 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.
Articles and Presentations