Successfully defended a start-up company in state securities regulatory investigations arising from a Regulation A+ offering that was qualified by the SEC; issues include the adequacy of disclosures to investors and the extent of federal preemption under the JOBS Act.
Successfully represented an investment advisor/supervisory principal on allegations by the firm of negligence stemming from a cyber phishing incident that resulted in substantial customer loss.
Participating in the representation of an investment company in a multi-million-dollar arbitration brought against the client’s foreign partner for refusal to honor a contractual obligation to sell the parties’ jointly owned South American telecom company, related proceedings in federal District Courts in New York and Florida, and follow-on arbitrations in various South American countries.
Represented a self-directed IRA custodian in a putative class action alleging aiding and assisting a Ponzi scheme in violation of the Ohio Securities Act; obtained dismissal in District Court and argued the appeal in the Sixth Circuit; obtained a seminal decision from the Ohio Supreme Court on a certified question of first impression on the reach of secondary liability under the Ohio Securities Act (Boyd v. Kingdom Trust Co., 154 Ohio St. 3d 196).
Representing the trustee of a multi-million-dollar testamentary trust in ongoing disputes with a parent of the sole beneficiary.
Secured the dismissal of claims against The Huntington National Bank as bond trustee in a lawsuit brought by the former owner of property owned by the issuer, claiming rights adverse to the bondholders. (USA Parking Systems, Inc., et al. v. Eastern Gateway Community College, et al., Case No. 4:20-cv-01967 (N.D. Ohio)).
Successfully litigated and then argued the 6th Circuit appeal defending a U.S. District Court order dismissing Eaton Corporation and its executive officers from a putative class action alleging federal securities law violations in connection with events in trade secret litigation the company conducted in Mississippi. (In re: KBC Asset Management N.V. (Florida Carpenters Reg. Council Pension Plan v. Eaton Corp., et al.), Case Nos. 13- 4059/13-4354 (U.S. 6th Cir.)).
Served as lead counsel defending a China-based tire manufacturer in a $30 million dispute with a U.S. distributor, including a purported $100 million counterclaim.
Secured dismissal on a preliminary motion of a web host company in a putative class action arising from a hacker intrusion into a bank’s website and resulting customer identity theft (Pisciotta v. Old National Bancorp and NCR Corporation, (S.D. Ind.)).
Obtained a defense jury verdict on behalf of The Huntington National Bank on claims of aiding and abetting a $65 million Ponzi scheme after defeating motion for class certification; obtained dismissal on preliminary motion of seven other defendant banks and financial institutions on related UCC and conspiracy to defraud claims arising from handling of customer accounts; argued successfully on appeal resulting in seminal Sixth Circuit CAFA jurisdiction decision (Metz v. Unizan Bank, 2011 U.S. App. LEXIS 17227 (U.S. 6th Cir.)).
Successfully defended a bond trustee on claims of rights adverse to the bondholders by a former owner of property now owned by the bond issuer. (USA Parking Systems, Inc., et al. v. Eastern Gateway Community College, et al., Case No. 4;20-cv-01967 (N.D.Ohio)).
Prosecuted claims by a member of an Ohio LLC of over $17 million for breach of fiduciary duty and breach of contract against co-managing member In a virtual arbitration.
Successfully represented a Mexican purchaser of U.S. companies prosecuting claims against the sellers in the Southern District of New York for fraud and breach of warranties.
Successfully represented a private internet company in stockholder litigation in federal court in Ohio and Delaware Chancery Court on claims including fraud and unjust enrichment arising from secondary stock sale by company executives.
Represented numerous companies in post-data breach analysis and recovery efforts, including advising on regulatory issues.
Successfully represented a party seeking to enforce an arbitration award in the Ohio Supreme Court on an issue of first impression involving interpretation of the Ohio Arbitration Act.
Successfully represented a payment processor in a Sixth Circuit appeal seeking to enforce contract penalties against an agent who violated contractual non-solicitation agreement.
Successfully represented an investment fund on accounting malpractice claims against a former auditor who precipitously resigned without good cause, resulting in the fund’s operations being temporarily suspended by regulators.
Defended the acquirer of an educational software company on claims of aiding and abetting securities law violations and breach of fiduciary duty in shareholder class action litigation challenging merger. Isaacs, et al., v. Greene, et al. (N.Y. S. Ct.).
Represented a private company and board of directors in a shareholder dispute involving allegations that the deceased company founder and CEO defrauded investors by failing to reveal that funds from a new capital raise would be used to cash out the company founders.
Served as lead Ohio counsel defending BP America, Inc. and its officers in investor litigation arising from the Deepwater Drilling disaster.
Defended a major SAP consulting firm on claims including breach of contract and fraudulent inducement stemming from issues with an international multi-million dollar software conversion project; the case settled after extensive discovery (W.C. Bradley Co. v. iTelligence Inc., 4:17-cv-00208 (USDC M.D. Ga.)).
Represented a national hotel chain in numerous litigation matters, including a major real estate development dispute in Florida and premises liability and general business cases.
Assisted multi-national companies in planning and training to enhance cybersecurity.
Served as lead counsel representing a Chinese-based Nevada corporation in shareholder litigation in Nevada federal court arising from a reverse merger. (China Energy Corp. v. Hill, Case No. 3:13-cv-00562 (D. Nev.)).
Successfully defended a national property developer in an action to appoint a receiver for major hotel properties (Bank of America v. Braveheart Columbus LLC, Case No.10 CV 008608 (Ohio App. Franklin Cty.)).
Obtained dismissal of putative class and individual actions on preliminary motions and summary judgment as lead national litigation counsel for a major trust company self-directed IRA custodian in cases around the country, defending claims for fraud, breach of contract, violation of the RICO Act, and state securities and consumer protection laws, and in connection with Ponzi schemes.
Successfully defended a national bank in a RICO conspiracy action by a putative consumer class alleging conspiracy in connection with telemarketing fraud; obtained dismissal of the amended complaint on motion and argued Sixth Circuit appeal. (Johnson v. U.S. Bank N.A., 2009 U.S. Dist. LEXIS 2011; affirmed (6th Cir.)).
Secured a voluntary dismissal of an investor suit against a bank after discovery for alleged mismanagement and suitability violations with respect to an agency account.
Represented the FDIC in investigating and prosecuting professional liability and D&O claims for failed banks and S&Ls in Ohio and Illinois.
Successfully represented a hotel developer in a $150 million reorganization/foreclosure action; defeated motion to appoint a receiver.
Obtained dismissal of FDCPA and state RICO claims in a putative class action against a financial institution and its attorneys alleging irregularities in state court foreclosure actions (Whittiker, et al. v. Deutsche Bank National Trust Company, et al., Case No. 1:08 CV 300 (N.D. Ohio).
Recovered the full value of a $9 million mortgage portfolio participation interest claim for a federal credit union client in liquidation proceedings of another federal credit union.
Successfully represented a thrift director and major shareholder in OTS proceedings alleging violation of acquisition of control regulations.
Secured dismissal on a preliminary motion of four national banks and their holding companies in a multi-million-dollar putative class action involving National Bank Act preemption issues arising from claims that defendant banks improperly charged fees in garnishment proceedings in violation of state law; affirmed on appeal (Monroe Retail, Inc., et al. v. Charter One Bank, N.A., et al., 589 F.3d 274 (6th Cir.)).
Obtained defense verdict in a trade secret case involving a spinoff from a national catalog sales company (Suarez Corp. v. Napier, et al., Case No. 2002 CV 01420 (Stark Cty., Ohio, C.P.)).
Represented a major shareholder as lead counsel in seminal Delaware cases determining validity of a voting trust as a takeover mechanism in relation to directors’ fiduciary duty to protect minority shareholders (Omnicare, Inc. v NCS Healthcare, Inc.,818 A.2d 914 (Del.)).
Obtained dismissal on motion of directors of a public company in a shareholder derivative action alleging breach of fiduciary duty and misrepresentation in connection with corporate reorganization; affirmed on appeal (Barr v. Lauer,2007 Ohio 156, aff’d, 2007 Ohio App. LEXIS 154 (Cuyahoga County App.)).
Obtained dismissal on motion of a putative class action alleging violations of Ohio UCC and Retail Installment Sales Act in auto repo activities based on federal preemption (Crespo v. WFS Financial, Inc., 2008 WL 4443934 (N.D. Ohio)).
Obtained dismissal on motion of national bank directors in a shareholder derivative suit alleging breach of fiduciary duty in connection with a merger (Perkel v. Unizan Financial Corp., Case No. 2004 CV 00577 (Stark Cty., Ohio, C.P.)).
Defeated class certification and obtained dismissal on motion of a national underwriting firm in a Colorado suit by investors in private offerings alleging securities fraud and RICO claims (Stephens v. WebAccess International, Inc., 2006 U.S. Dist. LEXIS 25934 (D. Colo.)).
Obtained dismissal of twelve consolidated putative securities class action suits alleging accounting irregularities; secured seminal Sixth Circuit decision on “bespeaks caution” doctrine (Charal v. Royal Appliance MFG., 1996 U. S. App. LEXIS 24626 (U.S. 6th Cir.)).
Obtained a seminal decision dismissing an Ohio derivative shareholder suit based on of the plaintiff’s failure to make a demand on the company’s shareholders (Rothstein v. Gosset, Case No. 95- CV-0522 (Medina Cty., Ohio, C.P.))
Successfully defended a national accounting firm in a derivative malpractice action arising from tax preparation services (Sparks v. CBIZ Accounting, Tax & Advisory of Kansas City, Inc., 36 Kan. App. 2nd 660, 142 P3d 749).
Secured partial dismissal on motion of a multi-national corporation and its officers in a putative worldwide shareholder class action alleging securities fraud in connection with a tire recall and related alleged accounting irregularities (City of Monroe Employee’s Retirement System v. Bridgestone Corporation, Case 8-01-0017 (M.D. Tenn. 2004, aff’d in part, 2005 U.S. App. LEXIS (U.S. 6th Cir.)); subsequently settled.
Obtained a defense award in an arbitration proceeding stemming from a shareholder class action/fraud litigation (Greenfield/Florida State Board of Admin. v. CompuServ Corp., et al., Case Nos. 96 CVH-06-4810, 3906 (Franklin Cty., Ohio, C.P.)).
Secured declaratory judgment on motion in favor of the founder and majority shareholder of a major private company in a case involving claims of breach of fiduciary duty, defamation, and breach of contract (Trebilcock v. Elinsky, et al., Case No. 1:05cv2428 (U.S. Dist. Ct., N.D. Ohio)); settled during appeal.
Successfully prosecuted trade secret and breach of fiduciary duty claims against the president of the U.S. subsidiary of a Swiss corporation (Satis Vacuum AG v. Wilson, (Cuyahoga Cty., Ohio, C.P.)).
Defeated class certification and secured dismissal on motion in a consumer lawsuit for fraud and breach of fiduciary duty against an IRA trustee; affirmed on appeal (Moorjani v. Mid-Ohio Securities, et al., Ct. App. Case No. L-07-1249 (Lucas Cty., Ohio)).
Successfully defended a national bank in multistate litigation by 300 individual plaintiffs alleging securities violations and fraud arising from the bank’s loans to investors in a defunct company (Appel v. SOS Industries, Case No. 2001-31244 (7th Cir., Fla.)).
Obtained dismissal on motion of a corporate president in a shareholder derivative action alleging accounting fraud and misappropriation of corporate assets (Miner v. Figgie Int’l Corp.(consolidated), Case Nos. 93CV001798 and 93CV001575 (Lake Cty., Ohio, C.P.)).
Successfully represented a vacuum cleaner manufacturer in a preliminary injunction proceeding involving Lanham Act claims (Royal Appliance Mfg. Co. v. Hoover Co., 845 F. Supp. 469 (U.S. Dist. Ct., N.D. Ohio)).
Successfully represented the FDIC on holder-in-due-course claims (Federal Deposit Insurance Corporation v. The Cremona Company, et al., 832 F.2d 959 (U.S. 6th Cir.)).
Successfully defended a corporate trustee on claims of a class of debenture holders for breach of fiduciary duty.
Obtained dismissal on motion of a national finance company in a suit alleging contractual violations related to the assignment of auto financing notes.
Managed litigation for dozens of corporate control contests involving public and private companies, including Bridgestone Corp., First Union Real Estate Investment Trust, Cedar Point, Inc., Lubrizol Co., and Royal Appliance Mfg., Inc.
Extensive experience defending corporate and individual clients in regulatory enforcement proceedings by governmental bodies, including the SEC, NYSE, FDIC, and OTS.
Represented cities, counties, and police departments in a broad range of matters, including contract disputes, investment liability, general liability and insurance counseling, zoning, and First Amendment matters.
Representative Experience
Successfully defended a start-up company in state securities regulatory investigations arising from a Regulation A+ offering that was qualified by the SEC; issues include the adequacy of disclosures to investors and the extent of federal preemption under the JOBS Act.
Successfully represented an investment advisor/supervisory principal on allegations by the firm of negligence stemming from a cyber phishing incident that resulted in substantial customer loss.
Participating in the representation of an investment company in a multi-million-dollar arbitration brought against the client’s foreign partner for refusal to honor a contractual obligation to sell the parties’ jointly owned South American telecom company, related proceedings in federal District Courts in New York and Florida, and follow-on arbitrations in various South American countries.
Represented a self-directed IRA custodian in a putative class action alleging aiding and assisting a Ponzi scheme in violation of the Ohio Securities Act; obtained dismissal in District Court and argued the appeal in the Sixth Circuit; obtained a seminal decision from the Ohio Supreme Court on a certified question of first impression on the reach of secondary liability under the Ohio Securities Act (Boyd v. Kingdom Trust Co., 154 Ohio St. 3d 196).
Representing the trustee of a multi-million-dollar testamentary trust in ongoing disputes with a parent of the sole beneficiary.
Secured the dismissal of claims against The Huntington National Bank as bond trustee in a lawsuit brought by the former owner of property owned by the issuer, claiming rights adverse to the bondholders. (USA Parking Systems, Inc., et al. v. Eastern Gateway Community College, et al., Case No. 4:20-cv-01967 (N.D. Ohio)).
Successfully litigated and then argued the 6th Circuit appeal defending a U.S. District Court order dismissing Eaton Corporation and its executive officers from a putative class action alleging federal securities law violations in connection with events in trade secret litigation the company conducted in Mississippi. (In re: KBC Asset Management N.V. (Florida Carpenters Reg. Council Pension Plan v. Eaton Corp., et al.), Case Nos. 13- 4059/13-4354 (U.S. 6th Cir.)).
Served as lead counsel defending a China-based tire manufacturer in a $30 million dispute with a U.S. distributor, including a purported $100 million counterclaim.
Secured dismissal on a preliminary motion of a web host company in a putative class action arising from a hacker intrusion into a bank’s website and resulting customer identity theft (Pisciotta v. Old National Bancorp and NCR Corporation, (S.D. Ind.)).
Obtained a defense jury verdict on behalf of The Huntington National Bank on claims of aiding and abetting a $65 million Ponzi scheme after defeating motion for class certification; obtained dismissal on preliminary motion of seven other defendant banks and financial institutions on related UCC and conspiracy to defraud claims arising from handling of customer accounts; argued successfully on appeal resulting in seminal Sixth Circuit CAFA jurisdiction decision (Metz v. Unizan Bank, 2011 U.S. App. LEXIS 17227 (U.S. 6th Cir.)).
Successfully defended a bond trustee on claims of rights adverse to the bondholders by a former owner of property now owned by the bond issuer. (USA Parking Systems, Inc., et al. v. Eastern Gateway Community College, et al., Case No. 4;20-cv-01967 (N.D.Ohio)).
Prosecuted claims by a member of an Ohio LLC of over $17 million for breach of fiduciary duty and breach of contract against co-managing member In a virtual arbitration.
Successfully represented a Mexican purchaser of U.S. companies prosecuting claims against the sellers in the Southern District of New York for fraud and breach of warranties.
Successfully represented a private internet company in stockholder litigation in federal court in Ohio and Delaware Chancery Court on claims including fraud and unjust enrichment arising from secondary stock sale by company executives.
Represented numerous companies in post-data breach analysis and recovery efforts, including advising on regulatory issues.
Successfully represented a party seeking to enforce an arbitration award in the Ohio Supreme Court on an issue of first impression involving interpretation of the Ohio Arbitration Act.
Successfully represented a payment processor in a Sixth Circuit appeal seeking to enforce contract penalties against an agent who violated contractual non-solicitation agreement.
Successfully represented an investment fund on accounting malpractice claims against a former auditor who precipitously resigned without good cause, resulting in the fund’s operations being temporarily suspended by regulators.
Defended the acquirer of an educational software company on claims of aiding and abetting securities law violations and breach of fiduciary duty in shareholder class action litigation challenging merger. Isaacs, et al., v. Greene, et al. (N.Y. S. Ct.).
Represented a private company and board of directors in a shareholder dispute involving allegations that the deceased company founder and CEO defrauded investors by failing to reveal that funds from a new capital raise would be used to cash out the company founders.
Served as lead Ohio counsel defending BP America, Inc. and its officers in investor litigation arising from the Deepwater Drilling disaster.
Defended a major SAP consulting firm on claims including breach of contract and fraudulent inducement stemming from issues with an international multi-million dollar software conversion project; the case settled after extensive discovery (W.C. Bradley Co. v. iTelligence Inc., 4:17-cv-00208 (USDC M.D. Ga.)).
Represented a national hotel chain in numerous litigation matters, including a major real estate development dispute in Florida and premises liability and general business cases.
Assisted multi-national companies in planning and training to enhance cybersecurity.
Served as lead counsel representing a Chinese-based Nevada corporation in shareholder litigation in Nevada federal court arising from a reverse merger. (China Energy Corp. v. Hill, Case No. 3:13-cv-00562 (D. Nev.)).
Successfully defended a national property developer in an action to appoint a receiver for major hotel properties (Bank of America v. Braveheart Columbus LLC, Case No.10 CV 008608 (Ohio App. Franklin Cty.)).
Obtained dismissal of putative class and individual actions on preliminary motions and summary judgment as lead national litigation counsel for a major trust company self-directed IRA custodian in cases around the country, defending claims for fraud, breach of contract, violation of the RICO Act, and state securities and consumer protection laws, and in connection with Ponzi schemes.
Successfully defended a national bank in a RICO conspiracy action by a putative consumer class alleging conspiracy in connection with telemarketing fraud; obtained dismissal of the amended complaint on motion and argued Sixth Circuit appeal. (Johnson v. U.S. Bank N.A., 2009 U.S. Dist. LEXIS 2011; affirmed (6th Cir.)).
Secured a voluntary dismissal of an investor suit against a bank after discovery for alleged mismanagement and suitability violations with respect to an agency account.
Represented the FDIC in investigating and prosecuting professional liability and D&O claims for failed banks and S&Ls in Ohio and Illinois.
Successfully represented a hotel developer in a $150 million reorganization/foreclosure action; defeated motion to appoint a receiver.
Obtained dismissal of FDCPA and state RICO claims in a putative class action against a financial institution and its attorneys alleging irregularities in state court foreclosure actions (Whittiker, et al. v. Deutsche Bank National Trust Company, et al., Case No. 1:08 CV 300 (N.D. Ohio).
Recovered the full value of a $9 million mortgage portfolio participation interest claim for a federal credit union client in liquidation proceedings of another federal credit union.
Successfully represented a thrift director and major shareholder in OTS proceedings alleging violation of acquisition of control regulations.
Secured dismissal on a preliminary motion of four national banks and their holding companies in a multi-million-dollar putative class action involving National Bank Act preemption issues arising from claims that defendant banks improperly charged fees in garnishment proceedings in violation of state law; affirmed on appeal (Monroe Retail, Inc., et al. v. Charter One Bank, N.A., et al., 589 F.3d 274 (6th Cir.)).
Obtained defense verdict in a trade secret case involving a spinoff from a national catalog sales company (Suarez Corp. v. Napier, et al., Case No. 2002 CV 01420 (Stark Cty., Ohio, C.P.)).
Represented a major shareholder as lead counsel in seminal Delaware cases determining validity of a voting trust as a takeover mechanism in relation to directors’ fiduciary duty to protect minority shareholders (Omnicare, Inc. v NCS Healthcare, Inc.,818 A.2d 914 (Del.)).
Obtained dismissal on motion of directors of a public company in a shareholder derivative action alleging breach of fiduciary duty and misrepresentation in connection with corporate reorganization; affirmed on appeal (Barr v. Lauer,2007 Ohio 156, aff’d, 2007 Ohio App. LEXIS 154 (Cuyahoga County App.)).
Obtained dismissal on motion of a putative class action alleging violations of Ohio UCC and Retail Installment Sales Act in auto repo activities based on federal preemption (Crespo v. WFS Financial, Inc., 2008 WL 4443934 (N.D. Ohio)).
Obtained dismissal on motion of national bank directors in a shareholder derivative suit alleging breach of fiduciary duty in connection with a merger (Perkel v. Unizan Financial Corp., Case No. 2004 CV 00577 (Stark Cty., Ohio, C.P.)).
Defeated class certification and obtained dismissal on motion of a national underwriting firm in a Colorado suit by investors in private offerings alleging securities fraud and RICO claims (Stephens v. WebAccess International, Inc., 2006 U.S. Dist. LEXIS 25934 (D. Colo.)).
Obtained dismissal of twelve consolidated putative securities class action suits alleging accounting irregularities; secured seminal Sixth Circuit decision on “bespeaks caution” doctrine (Charal v. Royal Appliance MFG., 1996 U. S. App. LEXIS 24626 (U.S. 6th Cir.)).
Obtained a seminal decision dismissing an Ohio derivative shareholder suit based on of the plaintiff’s failure to make a demand on the company’s shareholders (Rothstein v. Gosset, Case No. 95- CV-0522 (Medina Cty., Ohio, C.P.))
Successfully defended a national accounting firm in a derivative malpractice action arising from tax preparation services (Sparks v. CBIZ Accounting, Tax & Advisory of Kansas City, Inc., 36 Kan. App. 2nd 660, 142 P3d 749).
Secured partial dismissal on motion of a multi-national corporation and its officers in a putative worldwide shareholder class action alleging securities fraud in connection with a tire recall and related alleged accounting irregularities (City of Monroe Employee’s Retirement System v. Bridgestone Corporation, Case 8-01-0017 (M.D. Tenn. 2004, aff’d in part, 2005 U.S. App. LEXIS (U.S. 6th Cir.)); subsequently settled.
Obtained a defense award in an arbitration proceeding stemming from a shareholder class action/fraud litigation (Greenfield/Florida State Board of Admin. v. CompuServ Corp., et al., Case Nos. 96 CVH-06-4810, 3906 (Franklin Cty., Ohio, C.P.)).
Secured declaratory judgment on motion in favor of the founder and majority shareholder of a major private company in a case involving claims of breach of fiduciary duty, defamation, and breach of contract (Trebilcock v. Elinsky, et al., Case No. 1:05cv2428 (U.S. Dist. Ct., N.D. Ohio)); settled during appeal.
Successfully prosecuted trade secret and breach of fiduciary duty claims against the president of the U.S. subsidiary of a Swiss corporation (Satis Vacuum AG v. Wilson, (Cuyahoga Cty., Ohio, C.P.)).
Defeated class certification and secured dismissal on motion in a consumer lawsuit for fraud and breach of fiduciary duty against an IRA trustee; affirmed on appeal (Moorjani v. Mid-Ohio Securities, et al., Ct. App. Case No. L-07-1249 (Lucas Cty., Ohio)).
Successfully defended a national bank in multistate litigation by 300 individual plaintiffs alleging securities violations and fraud arising from the bank’s loans to investors in a defunct company (Appel v. SOS Industries, Case No. 2001-31244 (7th Cir., Fla.)).
Obtained dismissal on motion of a corporate president in a shareholder derivative action alleging accounting fraud and misappropriation of corporate assets (Miner v. Figgie Int’l Corp.(consolidated), Case Nos. 93CV001798 and 93CV001575 (Lake Cty., Ohio, C.P.)).
Successfully represented a vacuum cleaner manufacturer in a preliminary injunction proceeding involving Lanham Act claims (Royal Appliance Mfg. Co. v. Hoover Co., 845 F. Supp. 469 (U.S. Dist. Ct., N.D. Ohio)).
Successfully represented the FDIC on holder-in-due-course claims (Federal Deposit Insurance Corporation v. The Cremona Company, et al., 832 F.2d 959 (U.S. 6th Cir.)).
Successfully defended a corporate trustee on claims of a class of debenture holders for breach of fiduciary duty.
Obtained dismissal on motion of a national finance company in a suit alleging contractual violations related to the assignment of auto financing notes.
Managed litigation for dozens of corporate control contests involving public and private companies, including Bridgestone Corp., First Union Real Estate Investment Trust, Cedar Point, Inc., Lubrizol Co., and Royal Appliance Mfg., Inc.
Extensive experience defending corporate and individual clients in regulatory enforcement proceedings by governmental bodies, including the SEC, NYSE, FDIC, and OTS.
Represented cities, counties, and police departments in a broad range of matters, including contract disputes, investment liability, general liability and insurance counseling, zoning, and First Amendment matters.
Representative Experience
Successfully defended a start-up company in state securities regulatory investigations arising from a Regulation A+ offering that was qualified by the SEC; issues include the adequacy of disclosures to investors and the extent of federal preemption under the JOBS Act.
Successfully represented an investment advisor/supervisory principal on allegations by the firm of negligence stemming from a cyber phishing incident that resulted in substantial customer loss.
Participating in the representation of an investment company in a multi-million-dollar arbitration brought against the client’s foreign partner for refusal to honor a contractual obligation to sell the parties’ jointly owned South American telecom company, related proceedings in federal District Courts in New York and Florida, and follow-on arbitrations in various South American countries.
Represented a self-directed IRA custodian in a putative class action alleging aiding and assisting a Ponzi scheme in violation of the Ohio Securities Act; obtained dismissal in District Court and argued the appeal in the Sixth Circuit; obtained a seminal decision from the Ohio Supreme Court on a certified question of first impression on the reach of secondary liability under the Ohio Securities Act (Boyd v. Kingdom Trust Co., 154 Ohio St. 3d 196).
Representing the trustee of a multi-million-dollar testamentary trust in ongoing disputes with a parent of the sole beneficiary.
Secured the dismissal of claims against The Huntington National Bank as bond trustee in a lawsuit brought by the former owner of property owned by the issuer, claiming rights adverse to the bondholders. (USA Parking Systems, Inc., et al. v. Eastern Gateway Community College, et al., Case No. 4:20-cv-01967 (N.D. Ohio)).
Successfully litigated and then argued the 6th Circuit appeal defending a U.S. District Court order dismissing Eaton Corporation and its executive officers from a putative class action alleging federal securities law violations in connection with events in trade secret litigation the company conducted in Mississippi. (In re: KBC Asset Management N.V. (Florida Carpenters Reg. Council Pension Plan v. Eaton Corp., et al.), Case Nos. 13- 4059/13-4354 (U.S. 6th Cir.)).
Served as lead counsel defending a China-based tire manufacturer in a $30 million dispute with a U.S. distributor, including a purported $100 million counterclaim.
Secured dismissal on a preliminary motion of a web host company in a putative class action arising from a hacker intrusion into a bank’s website and resulting customer identity theft (Pisciotta v. Old National Bancorp and NCR Corporation, (S.D. Ind.)).
Obtained a defense jury verdict on behalf of The Huntington National Bank on claims of aiding and abetting a $65 million Ponzi scheme after defeating motion for class certification; obtained dismissal on preliminary motion of seven other defendant banks and financial institutions on related UCC and conspiracy to defraud claims arising from handling of customer accounts; argued successfully on appeal resulting in seminal Sixth Circuit CAFA jurisdiction decision (Metz v. Unizan Bank, 2011 U.S. App. LEXIS 17227 (U.S. 6th Cir.)).
Successfully defended a bond trustee on claims of rights adverse to the bondholders by a former owner of property now owned by the bond issuer. (USA Parking Systems, Inc., et al. v. Eastern Gateway Community College, et al., Case No. 4;20-cv-01967 (N.D.Ohio)).
Prosecuted claims by a member of an Ohio LLC of over $17 million for breach of fiduciary duty and breach of contract against co-managing member In a virtual arbitration.
Successfully represented a Mexican purchaser of U.S. companies prosecuting claims against the sellers in the Southern District of New York for fraud and breach of warranties.
Successfully represented a private internet company in stockholder litigation in federal court in Ohio and Delaware Chancery Court on claims including fraud and unjust enrichment arising from secondary stock sale by company executives.
Represented numerous companies in post-data breach analysis and recovery efforts, including advising on regulatory issues.
Successfully represented a party seeking to enforce an arbitration award in the Ohio Supreme Court on an issue of first impression involving interpretation of the Ohio Arbitration Act.
Successfully represented a payment processor in a Sixth Circuit appeal seeking to enforce contract penalties against an agent who violated contractual non-solicitation agreement.
Successfully represented an investment fund on accounting malpractice claims against a former auditor who precipitously resigned without good cause, resulting in the fund’s operations being temporarily suspended by regulators.
Defended the acquirer of an educational software company on claims of aiding and abetting securities law violations and breach of fiduciary duty in shareholder class action litigation challenging merger. Isaacs, et al., v. Greene, et al. (N.Y. S. Ct.).
Represented a private company and board of directors in a shareholder dispute involving allegations that the deceased company founder and CEO defrauded investors by failing to reveal that funds from a new capital raise would be used to cash out the company founders.
Served as lead Ohio counsel defending BP America, Inc. and its officers in investor litigation arising from the Deepwater Drilling disaster.
Defended a major SAP consulting firm on claims including breach of contract and fraudulent inducement stemming from issues with an international multi-million dollar software conversion project; the case settled after extensive discovery (W.C. Bradley Co. v. iTelligence Inc., 4:17-cv-00208 (USDC M.D. Ga.)).
Represented a national hotel chain in numerous litigation matters, including a major real estate development dispute in Florida and premises liability and general business cases.
Assisted multi-national companies in planning and training to enhance cybersecurity.
Served as lead counsel representing a Chinese-based Nevada corporation in shareholder litigation in Nevada federal court arising from a reverse merger. (China Energy Corp. v. Hill, Case No. 3:13-cv-00562 (D. Nev.)).
Successfully defended a national property developer in an action to appoint a receiver for major hotel properties (Bank of America v. Braveheart Columbus LLC, Case No.10 CV 008608 (Ohio App. Franklin Cty.)).
Obtained dismissal of putative class and individual actions on preliminary motions and summary judgment as lead national litigation counsel for a major trust company self-directed IRA custodian in cases around the country, defending claims for fraud, breach of contract, violation of the RICO Act, and state securities and consumer protection laws, and in connection with Ponzi schemes.
Successfully defended a national bank in a RICO conspiracy action by a putative consumer class alleging conspiracy in connection with telemarketing fraud; obtained dismissal of the amended complaint on motion and argued Sixth Circuit appeal. (Johnson v. U.S. Bank N.A., 2009 U.S. Dist. LEXIS 2011; affirmed (6th Cir.)).
Secured a voluntary dismissal of an investor suit against a bank after discovery for alleged mismanagement and suitability violations with respect to an agency account.
Represented the FDIC in investigating and prosecuting professional liability and D&O claims for failed banks and S&Ls in Ohio and Illinois.
Successfully represented a hotel developer in a $150 million reorganization/foreclosure action; defeated motion to appoint a receiver.
Obtained dismissal of FDCPA and state RICO claims in a putative class action against a financial institution and its attorneys alleging irregularities in state court foreclosure actions (Whittiker, et al. v. Deutsche Bank National Trust Company, et al., Case No. 1:08 CV 300 (N.D. Ohio).
Recovered the full value of a $9 million mortgage portfolio participation interest claim for a federal credit union client in liquidation proceedings of another federal credit union.
Successfully represented a thrift director and major shareholder in OTS proceedings alleging violation of acquisition of control regulations.
Secured dismissal on a preliminary motion of four national banks and their holding companies in a multi-million-dollar putative class action involving National Bank Act preemption issues arising from claims that defendant banks improperly charged fees in garnishment proceedings in violation of state law; affirmed on appeal (Monroe Retail, Inc., et al. v. Charter One Bank, N.A., et al., 589 F.3d 274 (6th Cir.)).
Obtained defense verdict in a trade secret case involving a spinoff from a national catalog sales company (Suarez Corp. v. Napier, et al., Case No. 2002 CV 01420 (Stark Cty., Ohio, C.P.)).
Represented a major shareholder as lead counsel in seminal Delaware cases determining validity of a voting trust as a takeover mechanism in relation to directors’ fiduciary duty to protect minority shareholders (Omnicare, Inc. v NCS Healthcare, Inc.,818 A.2d 914 (Del.)).
Obtained dismissal on motion of directors of a public company in a shareholder derivative action alleging breach of fiduciary duty and misrepresentation in connection with corporate reorganization; affirmed on appeal (Barr v. Lauer,2007 Ohio 156, aff’d, 2007 Ohio App. LEXIS 154 (Cuyahoga County App.)).
Obtained dismissal on motion of a putative class action alleging violations of Ohio UCC and Retail Installment Sales Act in auto repo activities based on federal preemption (Crespo v. WFS Financial, Inc., 2008 WL 4443934 (N.D. Ohio)).
Obtained dismissal on motion of national bank directors in a shareholder derivative suit alleging breach of fiduciary duty in connection with a merger (Perkel v. Unizan Financial Corp., Case No. 2004 CV 00577 (Stark Cty., Ohio, C.P.)).
Defeated class certification and obtained dismissal on motion of a national underwriting firm in a Colorado suit by investors in private offerings alleging securities fraud and RICO claims (Stephens v. WebAccess International, Inc., 2006 U.S. Dist. LEXIS 25934 (D. Colo.)).
Obtained dismissal of twelve consolidated putative securities class action suits alleging accounting irregularities; secured seminal Sixth Circuit decision on “bespeaks caution” doctrine (Charal v. Royal Appliance MFG., 1996 U. S. App. LEXIS 24626 (U.S. 6th Cir.)).
Obtained a seminal decision dismissing an Ohio derivative shareholder suit based on of the plaintiff’s failure to make a demand on the company’s shareholders (Rothstein v. Gosset, Case No. 95- CV-0522 (Medina Cty., Ohio, C.P.))
Successfully defended a national accounting firm in a derivative malpractice action arising from tax preparation services (Sparks v. CBIZ Accounting, Tax & Advisory of Kansas City, Inc., 36 Kan. App. 2nd 660, 142 P3d 749).
Secured partial dismissal on motion of a multi-national corporation and its officers in a putative worldwide shareholder class action alleging securities fraud in connection with a tire recall and related alleged accounting irregularities (City of Monroe Employee’s Retirement System v. Bridgestone Corporation, Case 8-01-0017 (M.D. Tenn. 2004, aff’d in part, 2005 U.S. App. LEXIS (U.S. 6th Cir.)); subsequently settled.
Obtained a defense award in an arbitration proceeding stemming from a shareholder class action/fraud litigation (Greenfield/Florida State Board of Admin. v. CompuServ Corp., et al., Case Nos. 96 CVH-06-4810, 3906 (Franklin Cty., Ohio, C.P.)).
Secured declaratory judgment on motion in favor of the founder and majority shareholder of a major private company in a case involving claims of breach of fiduciary duty, defamation, and breach of contract (Trebilcock v. Elinsky, et al., Case No. 1:05cv2428 (U.S. Dist. Ct., N.D. Ohio)); settled during appeal.
Successfully prosecuted trade secret and breach of fiduciary duty claims against the president of the U.S. subsidiary of a Swiss corporation (Satis Vacuum AG v. Wilson, (Cuyahoga Cty., Ohio, C.P.)).
Defeated class certification and secured dismissal on motion in a consumer lawsuit for fraud and breach of fiduciary duty against an IRA trustee; affirmed on appeal (Moorjani v. Mid-Ohio Securities, et al., Ct. App. Case No. L-07-1249 (Lucas Cty., Ohio)).
Successfully defended a national bank in multistate litigation by 300 individual plaintiffs alleging securities violations and fraud arising from the bank’s loans to investors in a defunct company (Appel v. SOS Industries, Case No. 2001-31244 (7th Cir., Fla.)).
Obtained dismissal on motion of a corporate president in a shareholder derivative action alleging accounting fraud and misappropriation of corporate assets (Miner v. Figgie Int’l Corp.(consolidated), Case Nos. 93CV001798 and 93CV001575 (Lake Cty., Ohio, C.P.)).
Successfully represented a vacuum cleaner manufacturer in a preliminary injunction proceeding involving Lanham Act claims (Royal Appliance Mfg. Co. v. Hoover Co., 845 F. Supp. 469 (U.S. Dist. Ct., N.D. Ohio)).
Successfully represented the FDIC on holder-in-due-course claims (Federal Deposit Insurance Corporation v. The Cremona Company, et al., 832 F.2d 959 (U.S. 6th Cir.)).
Successfully defended a corporate trustee on claims of a class of debenture holders for breach of fiduciary duty.
Obtained dismissal on motion of a national finance company in a suit alleging contractual violations related to the assignment of auto financing notes.
Managed litigation for dozens of corporate control contests involving public and private companies, including Bridgestone Corp., First Union Real Estate Investment Trust, Cedar Point, Inc., Lubrizol Co., and Royal Appliance Mfg., Inc.
Extensive experience defending corporate and individual clients in regulatory enforcement proceedings by governmental bodies, including the SEC, NYSE, FDIC, and OTS.
Represented cities, counties, and police departments in a broad range of matters, including contract disputes, investment liability, general liability and insurance counseling, zoning, and First Amendment matters.
Representative Experience
Successfully defended a start-up company in state securities regulatory investigations arising from a Regulation A+ offering that was qualified by the SEC; issues include the adequacy of disclosures to investors and the extent of federal preemption under the JOBS Act.
Successfully represented an investment advisor/supervisory principal on allegations by the firm of negligence stemming from a cyber phishing incident that resulted in substantial customer loss.
Participating in the representation of an investment company in a multi-million-dollar arbitration brought against the client’s foreign partner for refusal to honor a contractual obligation to sell the parties’ jointly owned South American telecom company, related proceedings in federal District Courts in New York and Florida, and follow-on arbitrations in various South American countries.
Represented a self-directed IRA custodian in a putative class action alleging aiding and assisting a Ponzi scheme in violation of the Ohio Securities Act; obtained dismissal in District Court and argued the appeal in the Sixth Circuit; obtained a seminal decision from the Ohio Supreme Court on a certified question of first impression on the reach of secondary liability under the Ohio Securities Act (Boyd v. Kingdom Trust Co., 154 Ohio St. 3d 196).
Representing the trustee of a multi-million-dollar testamentary trust in ongoing disputes with a parent of the sole beneficiary.
Secured the dismissal of claims against The Huntington National Bank as bond trustee in a lawsuit brought by the former owner of property owned by the issuer, claiming rights adverse to the bondholders. (USA Parking Systems, Inc., et al. v. Eastern Gateway Community College, et al., Case No. 4:20-cv-01967 (N.D. Ohio)).
Successfully litigated and then argued the 6th Circuit appeal defending a U.S. District Court order dismissing Eaton Corporation and its executive officers from a putative class action alleging federal securities law violations in connection with events in trade secret litigation the company conducted in Mississippi. (In re: KBC Asset Management N.V. (Florida Carpenters Reg. Council Pension Plan v. Eaton Corp., et al.), Case Nos. 13- 4059/13-4354 (U.S. 6th Cir.)).
Served as lead counsel defending a China-based tire manufacturer in a $30 million dispute with a U.S. distributor, including a purported $100 million counterclaim.
Secured dismissal on a preliminary motion of a web host company in a putative class action arising from a hacker intrusion into a bank’s website and resulting customer identity theft (Pisciotta v. Old National Bancorp and NCR Corporation, (S.D. Ind.)).
Obtained a defense jury verdict on behalf of The Huntington National Bank on claims of aiding and abetting a $65 million Ponzi scheme after defeating motion for class certification; obtained dismissal on preliminary motion of seven other defendant banks and financial institutions on related UCC and conspiracy to defraud claims arising from handling of customer accounts; argued successfully on appeal resulting in seminal Sixth Circuit CAFA jurisdiction decision (Metz v. Unizan Bank, 2011 U.S. App. LEXIS 17227 (U.S. 6th Cir.)).
Successfully defended a bond trustee on claims of rights adverse to the bondholders by a former owner of property now owned by the bond issuer. (USA Parking Systems, Inc., et al. v. Eastern Gateway Community College, et al., Case No. 4;20-cv-01967 (N.D.Ohio)).
Prosecuted claims by a member of an Ohio LLC of over $17 million for breach of fiduciary duty and breach of contract against co-managing member In a virtual arbitration.
Successfully represented a Mexican purchaser of U.S. companies prosecuting claims against the sellers in the Southern District of New York for fraud and breach of warranties.
Successfully represented a private internet company in stockholder litigation in federal court in Ohio and Delaware Chancery Court on claims including fraud and unjust enrichment arising from secondary stock sale by company executives.
Represented numerous companies in post-data breach analysis and recovery efforts, including advising on regulatory issues.
Successfully represented a party seeking to enforce an arbitration award in the Ohio Supreme Court on an issue of first impression involving interpretation of the Ohio Arbitration Act.
Successfully represented a payment processor in a Sixth Circuit appeal seeking to enforce contract penalties against an agent who violated contractual non-solicitation agreement.
Successfully represented an investment fund on accounting malpractice claims against a former auditor who precipitously resigned without good cause, resulting in the fund’s operations being temporarily suspended by regulators.
Defended the acquirer of an educational software company on claims of aiding and abetting securities law violations and breach of fiduciary duty in shareholder class action litigation challenging merger. Isaacs, et al., v. Greene, et al. (N.Y. S. Ct.).
Represented a private company and board of directors in a shareholder dispute involving allegations that the deceased company founder and CEO defrauded investors by failing to reveal that funds from a new capital raise would be used to cash out the company founders.
Served as lead Ohio counsel defending BP America, Inc. and its officers in investor litigation arising from the Deepwater Drilling disaster.
Defended a major SAP consulting firm on claims including breach of contract and fraudulent inducement stemming from issues with an international multi-million dollar software conversion project; the case settled after extensive discovery (W.C. Bradley Co. v. iTelligence Inc., 4:17-cv-00208 (USDC M.D. Ga.)).
Represented a national hotel chain in numerous litigation matters, including a major real estate development dispute in Florida and premises liability and general business cases.
Assisted multi-national companies in planning and training to enhance cybersecurity.
Served as lead counsel representing a Chinese-based Nevada corporation in shareholder litigation in Nevada federal court arising from a reverse merger. (China Energy Corp. v. Hill, Case No. 3:13-cv-00562 (D. Nev.)).
Successfully defended a national property developer in an action to appoint a receiver for major hotel properties (Bank of America v. Braveheart Columbus LLC, Case No.10 CV 008608 (Ohio App. Franklin Cty.)).
Obtained dismissal of putative class and individual actions on preliminary motions and summary judgment as lead national litigation counsel for a major trust company self-directed IRA custodian in cases around the country, defending claims for fraud, breach of contract, violation of the RICO Act, and state securities and consumer protection laws, and in connection with Ponzi schemes.
Successfully defended a national bank in a RICO conspiracy action by a putative consumer class alleging conspiracy in connection with telemarketing fraud; obtained dismissal of the amended complaint on motion and argued Sixth Circuit appeal. (Johnson v. U.S. Bank N.A., 2009 U.S. Dist. LEXIS 2011; affirmed (6th Cir.)).
Secured a voluntary dismissal of an investor suit against a bank after discovery for alleged mismanagement and suitability violations with respect to an agency account.
Represented the FDIC in investigating and prosecuting professional liability and D&O claims for failed banks and S&Ls in Ohio and Illinois.
Successfully represented a hotel developer in a $150 million reorganization/foreclosure action; defeated motion to appoint a receiver.
Obtained dismissal of FDCPA and state RICO claims in a putative class action against a financial institution and its attorneys alleging irregularities in state court foreclosure actions (Whittiker, et al. v. Deutsche Bank National Trust Company, et al., Case No. 1:08 CV 300 (N.D. Ohio).
Recovered the full value of a $9 million mortgage portfolio participation interest claim for a federal credit union client in liquidation proceedings of another federal credit union.
Successfully represented a thrift director and major shareholder in OTS proceedings alleging violation of acquisition of control regulations.
Secured dismissal on a preliminary motion of four national banks and their holding companies in a multi-million-dollar putative class action involving National Bank Act preemption issues arising from claims that defendant banks improperly charged fees in garnishment proceedings in violation of state law; affirmed on appeal (Monroe Retail, Inc., et al. v. Charter One Bank, N.A., et al., 589 F.3d 274 (6th Cir.)).
Obtained defense verdict in a trade secret case involving a spinoff from a national catalog sales company (Suarez Corp. v. Napier, et al., Case No. 2002 CV 01420 (Stark Cty., Ohio, C.P.)).
Represented a major shareholder as lead counsel in seminal Delaware cases determining validity of a voting trust as a takeover mechanism in relation to directors’ fiduciary duty to protect minority shareholders (Omnicare, Inc. v NCS Healthcare, Inc.,818 A.2d 914 (Del.)).
Obtained dismissal on motion of directors of a public company in a shareholder derivative action alleging breach of fiduciary duty and misrepresentation in connection with corporate reorganization; affirmed on appeal (Barr v. Lauer,2007 Ohio 156, aff’d, 2007 Ohio App. LEXIS 154 (Cuyahoga County App.)).
Obtained dismissal on motion of a putative class action alleging violations of Ohio UCC and Retail Installment Sales Act in auto repo activities based on federal preemption (Crespo v. WFS Financial, Inc., 2008 WL 4443934 (N.D. Ohio)).
Obtained dismissal on motion of national bank directors in a shareholder derivative suit alleging breach of fiduciary duty in connection with a merger (Perkel v. Unizan Financial Corp., Case No. 2004 CV 00577 (Stark Cty., Ohio, C.P.)).
Defeated class certification and obtained dismissal on motion of a national underwriting firm in a Colorado suit by investors in private offerings alleging securities fraud and RICO claims (Stephens v. WebAccess International, Inc., 2006 U.S. Dist. LEXIS 25934 (D. Colo.)).
Obtained dismissal of twelve consolidated putative securities class action suits alleging accounting irregularities; secured seminal Sixth Circuit decision on “bespeaks caution” doctrine (Charal v. Royal Appliance MFG., 1996 U. S. App. LEXIS 24626 (U.S. 6th Cir.)).
Obtained a seminal decision dismissing an Ohio derivative shareholder suit based on of the plaintiff’s failure to make a demand on the company’s shareholders (Rothstein v. Gosset, Case No. 95- CV-0522 (Medina Cty., Ohio, C.P.))
Successfully defended a national accounting firm in a derivative malpractice action arising from tax preparation services (Sparks v. CBIZ Accounting, Tax & Advisory of Kansas City, Inc., 36 Kan. App. 2nd 660, 142 P3d 749).
Secured partial dismissal on motion of a multi-national corporation and its officers in a putative worldwide shareholder class action alleging securities fraud in connection with a tire recall and related alleged accounting irregularities (City of Monroe Employee’s Retirement System v. Bridgestone Corporation, Case 8-01-0017 (M.D. Tenn. 2004, aff’d in part, 2005 U.S. App. LEXIS (U.S. 6th Cir.)); subsequently settled.
Obtained a defense award in an arbitration proceeding stemming from a shareholder class action/fraud litigation (Greenfield/Florida State Board of Admin. v. CompuServ Corp., et al., Case Nos. 96 CVH-06-4810, 3906 (Franklin Cty., Ohio, C.P.)).
Secured declaratory judgment on motion in favor of the founder and majority shareholder of a major private company in a case involving claims of breach of fiduciary duty, defamation, and breach of contract (Trebilcock v. Elinsky, et al., Case No. 1:05cv2428 (U.S. Dist. Ct., N.D. Ohio)); settled during appeal.
Successfully prosecuted trade secret and breach of fiduciary duty claims against the president of the U.S. subsidiary of a Swiss corporation (Satis Vacuum AG v. Wilson, (Cuyahoga Cty., Ohio, C.P.)).
Defeated class certification and secured dismissal on motion in a consumer lawsuit for fraud and breach of fiduciary duty against an IRA trustee; affirmed on appeal (Moorjani v. Mid-Ohio Securities, et al., Ct. App. Case No. L-07-1249 (Lucas Cty., Ohio)).
Successfully defended a national bank in multistate litigation by 300 individual plaintiffs alleging securities violations and fraud arising from the bank’s loans to investors in a defunct company (Appel v. SOS Industries, Case No. 2001-31244 (7th Cir., Fla.)).
Obtained dismissal on motion of a corporate president in a shareholder derivative action alleging accounting fraud and misappropriation of corporate assets (Miner v. Figgie Int’l Corp.(consolidated), Case Nos. 93CV001798 and 93CV001575 (Lake Cty., Ohio, C.P.)).
Successfully represented a vacuum cleaner manufacturer in a preliminary injunction proceeding involving Lanham Act claims (Royal Appliance Mfg. Co. v. Hoover Co., 845 F. Supp. 469 (U.S. Dist. Ct., N.D. Ohio)).
Successfully represented the FDIC on holder-in-due-course claims (Federal Deposit Insurance Corporation v. The Cremona Company, et al., 832 F.2d 959 (U.S. 6th Cir.)).
Successfully defended a corporate trustee on claims of a class of debenture holders for breach of fiduciary duty.
Obtained dismissal on motion of a national finance company in a suit alleging contractual violations related to the assignment of auto financing notes.
Managed litigation for dozens of corporate control contests involving public and private companies, including Bridgestone Corp., First Union Real Estate Investment Trust, Cedar Point, Inc., Lubrizol Co., and Royal Appliance Mfg., Inc.
Extensive experience defending corporate and individual clients in regulatory enforcement proceedings by governmental bodies, including the SEC, NYSE, FDIC, and OTS.
Represented cities, counties, and police departments in a broad range of matters, including contract disputes, investment liability, general liability and insurance counseling, zoning, and First Amendment matters.
Representative Experience
Successfully defended a start-up company in state securities regulatory investigations arising from a Regulation A+ offering that was qualified by the SEC; issues include the adequacy of disclosures to investors and the extent of federal preemption under the JOBS Act.
Successfully represented an investment advisor/supervisory principal on allegations by the firm of negligence stemming from a cyber phishing incident that resulted in substantial customer loss.
Participating in the representation of an investment company in a multi-million-dollar arbitration brought against the client’s foreign partner for refusal to honor a contractual obligation to sell the parties’ jointly owned South American telecom company, related proceedings in federal District Courts in New York and Florida, and follow-on arbitrations in various South American countries.
Represented a self-directed IRA custodian in a putative class action alleging aiding and assisting a Ponzi scheme in violation of the Ohio Securities Act; obtained dismissal in District Court and argued the appeal in the Sixth Circuit; obtained a seminal decision from the Ohio Supreme Court on a certified question of first impression on the reach of secondary liability under the Ohio Securities Act (Boyd v. Kingdom Trust Co., 154 Ohio St. 3d 196).
Representing the trustee of a multi-million-dollar testamentary trust in ongoing disputes with a parent of the sole beneficiary.
Secured the dismissal of claims against The Huntington National Bank as bond trustee in a lawsuit brought by the former owner of property owned by the issuer, claiming rights adverse to the bondholders. (USA Parking Systems, Inc., et al. v. Eastern Gateway Community College, et al., Case No. 4:20-cv-01967 (N.D. Ohio)).
Successfully litigated and then argued the 6th Circuit appeal defending a U.S. District Court order dismissing Eaton Corporation and its executive officers from a putative class action alleging federal securities law violations in connection with events in trade secret litigation the company conducted in Mississippi. (In re: KBC Asset Management N.V. (Florida Carpenters Reg. Council Pension Plan v. Eaton Corp., et al.), Case Nos. 13- 4059/13-4354 (U.S. 6th Cir.)).
Served as lead counsel defending a China-based tire manufacturer in a $30 million dispute with a U.S. distributor, including a purported $100 million counterclaim.
Secured dismissal on a preliminary motion of a web host company in a putative class action arising from a hacker intrusion into a bank’s website and resulting customer identity theft (Pisciotta v. Old National Bancorp and NCR Corporation, (S.D. Ind.)).
Obtained a defense jury verdict on behalf of The Huntington National Bank on claims of aiding and abetting a $65 million Ponzi scheme after defeating motion for class certification; obtained dismissal on preliminary motion of seven other defendant banks and financial institutions on related UCC and conspiracy to defraud claims arising from handling of customer accounts; argued successfully on appeal resulting in seminal Sixth Circuit CAFA jurisdiction decision (Metz v. Unizan Bank, 2011 U.S. App. LEXIS 17227 (U.S. 6th Cir.)).
Successfully defended a bond trustee on claims of rights adverse to the bondholders by a former owner of property now owned by the bond issuer. (USA Parking Systems, Inc., et al. v. Eastern Gateway Community College, et al., Case No. 4;20-cv-01967 (N.D.Ohio)).
Prosecuted claims by a member of an Ohio LLC of over $17 million for breach of fiduciary duty and breach of contract against co-managing member In a virtual arbitration.
Successfully represented a Mexican purchaser of U.S. companies prosecuting claims against the sellers in the Southern District of New York for fraud and breach of warranties.
Successfully represented a private internet company in stockholder litigation in federal court in Ohio and Delaware Chancery Court on claims including fraud and unjust enrichment arising from secondary stock sale by company executives.
Represented numerous companies in post-data breach analysis and recovery efforts, including advising on regulatory issues.
Successfully represented a party seeking to enforce an arbitration award in the Ohio Supreme Court on an issue of first impression involving interpretation of the Ohio Arbitration Act.
Successfully represented a payment processor in a Sixth Circuit appeal seeking to enforce contract penalties against an agent who violated contractual non-solicitation agreement.
Successfully represented an investment fund on accounting malpractice claims against a former auditor who precipitously resigned without good cause, resulting in the fund’s operations being temporarily suspended by regulators.
Defended the acquirer of an educational software company on claims of aiding and abetting securities law violations and breach of fiduciary duty in shareholder class action litigation challenging merger. Isaacs, et al., v. Greene, et al. (N.Y. S. Ct.).
Represented a private company and board of directors in a shareholder dispute involving allegations that the deceased company founder and CEO defrauded investors by failing to reveal that funds from a new capital raise would be used to cash out the company founders.
Served as lead Ohio counsel defending BP America, Inc. and its officers in investor litigation arising from the Deepwater Drilling disaster.
Defended a major SAP consulting firm on claims including breach of contract and fraudulent inducement stemming from issues with an international multi-million dollar software conversion project; the case settled after extensive discovery (W.C. Bradley Co. v. iTelligence Inc., 4:17-cv-00208 (USDC M.D. Ga.)).
Represented a national hotel chain in numerous litigation matters, including a major real estate development dispute in Florida and premises liability and general business cases.
Assisted multi-national companies in planning and training to enhance cybersecurity.
Served as lead counsel representing a Chinese-based Nevada corporation in shareholder litigation in Nevada federal court arising from a reverse merger. (China Energy Corp. v. Hill, Case No. 3:13-cv-00562 (D. Nev.)).
Successfully defended a national property developer in an action to appoint a receiver for major hotel properties (Bank of America v. Braveheart Columbus LLC, Case No.10 CV 008608 (Ohio App. Franklin Cty.)).
Obtained dismissal of putative class and individual actions on preliminary motions and summary judgment as lead national litigation counsel for a major trust company self-directed IRA custodian in cases around the country, defending claims for fraud, breach of contract, violation of the RICO Act, and state securities and consumer protection laws, and in connection with Ponzi schemes.
Successfully defended a national bank in a RICO conspiracy action by a putative consumer class alleging conspiracy in connection with telemarketing fraud; obtained dismissal of the amended complaint on motion and argued Sixth Circuit appeal. (Johnson v. U.S. Bank N.A., 2009 U.S. Dist. LEXIS 2011; affirmed (6th Cir.)).
Secured a voluntary dismissal of an investor suit against a bank after discovery for alleged mismanagement and suitability violations with respect to an agency account.
Represented the FDIC in investigating and prosecuting professional liability and D&O claims for failed banks and S&Ls in Ohio and Illinois.
Successfully represented a hotel developer in a $150 million reorganization/foreclosure action; defeated motion to appoint a receiver.
Obtained dismissal of FDCPA and state RICO claims in a putative class action against a financial institution and its attorneys alleging irregularities in state court foreclosure actions (Whittiker, et al. v. Deutsche Bank National Trust Company, et al., Case No. 1:08 CV 300 (N.D. Ohio).
Recovered the full value of a $9 million mortgage portfolio participation interest claim for a federal credit union client in liquidation proceedings of another federal credit union.
Successfully represented a thrift director and major shareholder in OTS proceedings alleging violation of acquisition of control regulations.
Secured dismissal on a preliminary motion of four national banks and their holding companies in a multi-million-dollar putative class action involving National Bank Act preemption issues arising from claims that defendant banks improperly charged fees in garnishment proceedings in violation of state law; affirmed on appeal (Monroe Retail, Inc., et al. v. Charter One Bank, N.A., et al., 589 F.3d 274 (6th Cir.)).
Obtained defense verdict in a trade secret case involving a spinoff from a national catalog sales company (Suarez Corp. v. Napier, et al., Case No. 2002 CV 01420 (Stark Cty., Ohio, C.P.)).
Represented a major shareholder as lead counsel in seminal Delaware cases determining validity of a voting trust as a takeover mechanism in relation to directors’ fiduciary duty to protect minority shareholders (Omnicare, Inc. v NCS Healthcare, Inc.,818 A.2d 914 (Del.)).
Obtained dismissal on motion of directors of a public company in a shareholder derivative action alleging breach of fiduciary duty and misrepresentation in connection with corporate reorganization; affirmed on appeal (Barr v. Lauer,2007 Ohio 156, aff’d, 2007 Ohio App. LEXIS 154 (Cuyahoga County App.)).
Obtained dismissal on motion of a putative class action alleging violations of Ohio UCC and Retail Installment Sales Act in auto repo activities based on federal preemption (Crespo v. WFS Financial, Inc., 2008 WL 4443934 (N.D. Ohio)).
Obtained dismissal on motion of national bank directors in a shareholder derivative suit alleging breach of fiduciary duty in connection with a merger (Perkel v. Unizan Financial Corp., Case No. 2004 CV 00577 (Stark Cty., Ohio, C.P.)).
Defeated class certification and obtained dismissal on motion of a national underwriting firm in a Colorado suit by investors in private offerings alleging securities fraud and RICO claims (Stephens v. WebAccess International, Inc., 2006 U.S. Dist. LEXIS 25934 (D. Colo.)).
Obtained dismissal of twelve consolidated putative securities class action suits alleging accounting irregularities; secured seminal Sixth Circuit decision on “bespeaks caution” doctrine (Charal v. Royal Appliance MFG., 1996 U. S. App. LEXIS 24626 (U.S. 6th Cir.)).
Obtained a seminal decision dismissing an Ohio derivative shareholder suit based on of the plaintiff’s failure to make a demand on the company’s shareholders (Rothstein v. Gosset, Case No. 95- CV-0522 (Medina Cty., Ohio, C.P.))
Successfully defended a national accounting firm in a derivative malpractice action arising from tax preparation services (Sparks v. CBIZ Accounting, Tax & Advisory of Kansas City, Inc., 36 Kan. App. 2nd 660, 142 P3d 749).
Secured partial dismissal on motion of a multi-national corporation and its officers in a putative worldwide shareholder class action alleging securities fraud in connection with a tire recall and related alleged accounting irregularities (City of Monroe Employee’s Retirement System v. Bridgestone Corporation, Case 8-01-0017 (M.D. Tenn. 2004, aff’d in part, 2005 U.S. App. LEXIS (U.S. 6th Cir.)); subsequently settled.
Obtained a defense award in an arbitration proceeding stemming from a shareholder class action/fraud litigation (Greenfield/Florida State Board of Admin. v. CompuServ Corp., et al., Case Nos. 96 CVH-06-4810, 3906 (Franklin Cty., Ohio, C.P.)).
Secured declaratory judgment on motion in favor of the founder and majority shareholder of a major private company in a case involving claims of breach of fiduciary duty, defamation, and breach of contract (Trebilcock v. Elinsky, et al., Case No. 1:05cv2428 (U.S. Dist. Ct., N.D. Ohio)); settled during appeal.
Successfully prosecuted trade secret and breach of fiduciary duty claims against the president of the U.S. subsidiary of a Swiss corporation (Satis Vacuum AG v. Wilson, (Cuyahoga Cty., Ohio, C.P.)).
Defeated class certification and secured dismissal on motion in a consumer lawsuit for fraud and breach of fiduciary duty against an IRA trustee; affirmed on appeal (Moorjani v. Mid-Ohio Securities, et al., Ct. App. Case No. L-07-1249 (Lucas Cty., Ohio)).
Successfully defended a national bank in multistate litigation by 300 individual plaintiffs alleging securities violations and fraud arising from the bank’s loans to investors in a defunct company (Appel v. SOS Industries, Case No. 2001-31244 (7th Cir., Fla.)).
Obtained dismissal on motion of a corporate president in a shareholder derivative action alleging accounting fraud and misappropriation of corporate assets (Miner v. Figgie Int’l Corp.(consolidated), Case Nos. 93CV001798 and 93CV001575 (Lake Cty., Ohio, C.P.)).
Successfully represented a vacuum cleaner manufacturer in a preliminary injunction proceeding involving Lanham Act claims (Royal Appliance Mfg. Co. v. Hoover Co., 845 F. Supp. 469 (U.S. Dist. Ct., N.D. Ohio)).
Successfully represented the FDIC on holder-in-due-course claims (Federal Deposit Insurance Corporation v. The Cremona Company, et al., 832 F.2d 959 (U.S. 6th Cir.)).
Successfully defended a corporate trustee on claims of a class of debenture holders for breach of fiduciary duty.
Obtained dismissal on motion of a national finance company in a suit alleging contractual violations related to the assignment of auto financing notes.
Managed litigation for dozens of corporate control contests involving public and private companies, including Bridgestone Corp., First Union Real Estate Investment Trust, Cedar Point, Inc., Lubrizol Co., and Royal Appliance Mfg., Inc.
Extensive experience defending corporate and individual clients in regulatory enforcement proceedings by governmental bodies, including the SEC, NYSE, FDIC, and OTS.
Represented cities, counties, and police departments in a broad range of matters, including contract disputes, investment liability, general liability and insurance counseling, zoning, and First Amendment matters.
Representative Experience
Successfully defended a start-up company in state securities regulatory investigations arising from a Regulation A+ offering that was qualified by the SEC; issues include the adequacy of disclosures to investors and the extent of federal preemption under the JOBS Act.
Successfully represented an investment advisor/supervisory principal on allegations by the firm of negligence stemming from a cyber phishing incident that resulted in substantial customer loss.
Participating in the representation of an investment company in a multi-million-dollar arbitration brought against the client’s foreign partner for refusal to honor a contractual obligation to sell the parties’ jointly owned South American telecom company, related proceedings in federal District Courts in New York and Florida, and follow-on arbitrations in various South American countries.
Represented a self-directed IRA custodian in a putative class action alleging aiding and assisting a Ponzi scheme in violation of the Ohio Securities Act; obtained dismissal in District Court and argued the appeal in the Sixth Circuit; obtained a seminal decision from the Ohio Supreme Court on a certified question of first impression on the reach of secondary liability under the Ohio Securities Act (Boyd v. Kingdom Trust Co., 154 Ohio St. 3d 196).
Representing the trustee of a multi-million-dollar testamentary trust in ongoing disputes with a parent of the sole beneficiary.
Secured the dismissal of claims against The Huntington National Bank as bond trustee in a lawsuit brought by the former owner of property owned by the issuer, claiming rights adverse to the bondholders. (USA Parking Systems, Inc., et al. v. Eastern Gateway Community College, et al., Case No. 4:20-cv-01967 (N.D. Ohio)).
Successfully litigated and then argued the 6th Circuit appeal defending a U.S. District Court order dismissing Eaton Corporation and its executive officers from a putative class action alleging federal securities law violations in connection with events in trade secret litigation the company conducted in Mississippi. (In re: KBC Asset Management N.V. (Florida Carpenters Reg. Council Pension Plan v. Eaton Corp., et al.), Case Nos. 13- 4059/13-4354 (U.S. 6th Cir.)).
Served as lead counsel defending a China-based tire manufacturer in a $30 million dispute with a U.S. distributor, including a purported $100 million counterclaim.
Secured dismissal on a preliminary motion of a web host company in a putative class action arising from a hacker intrusion into a bank’s website and resulting customer identity theft (Pisciotta v. Old National Bancorp and NCR Corporation, (S.D. Ind.)).
Obtained a defense jury verdict on behalf of The Huntington National Bank on claims of aiding and abetting a $65 million Ponzi scheme after defeating motion for class certification; obtained dismissal on preliminary motion of seven other defendant banks and financial institutions on related UCC and conspiracy to defraud claims arising from handling of customer accounts; argued successfully on appeal resulting in seminal Sixth Circuit CAFA jurisdiction decision (Metz v. Unizan Bank, 2011 U.S. App. LEXIS 17227 (U.S. 6th Cir.)).
Successfully defended a bond trustee on claims of rights adverse to the bondholders by a former owner of property now owned by the bond issuer. (USA Parking Systems, Inc., et al. v. Eastern Gateway Community College, et al., Case No. 4;20-cv-01967 (N.D.Ohio)).
Prosecuted claims by a member of an Ohio LLC of over $17 million for breach of fiduciary duty and breach of contract against co-managing member In a virtual arbitration.
Successfully represented a Mexican purchaser of U.S. companies prosecuting claims against the sellers in the Southern District of New York for fraud and breach of warranties.
Successfully represented a private internet company in stockholder litigation in federal court in Ohio and Delaware Chancery Court on claims including fraud and unjust enrichment arising from secondary stock sale by company executives.
Represented numerous companies in post-data breach analysis and recovery efforts, including advising on regulatory issues.
Successfully represented a party seeking to enforce an arbitration award in the Ohio Supreme Court on an issue of first impression involving interpretation of the Ohio Arbitration Act.
Successfully represented a payment processor in a Sixth Circuit appeal seeking to enforce contract penalties against an agent who violated contractual non-solicitation agreement.
Successfully represented an investment fund on accounting malpractice claims against a former auditor who precipitously resigned without good cause, resulting in the fund’s operations being temporarily suspended by regulators.
Defended the acquirer of an educational software company on claims of aiding and abetting securities law violations and breach of fiduciary duty in shareholder class action litigation challenging merger. Isaacs, et al., v. Greene, et al. (N.Y. S. Ct.).
Represented a private company and board of directors in a shareholder dispute involving allegations that the deceased company founder and CEO defrauded investors by failing to reveal that funds from a new capital raise would be used to cash out the company founders.
Served as lead Ohio counsel defending BP America, Inc. and its officers in investor litigation arising from the Deepwater Drilling disaster.
Defended a major SAP consulting firm on claims including breach of contract and fraudulent inducement stemming from issues with an international multi-million dollar software conversion project; the case settled after extensive discovery (W.C. Bradley Co. v. iTelligence Inc., 4:17-cv-00208 (USDC M.D. Ga.)).
Represented a national hotel chain in numerous litigation matters, including a major real estate development dispute in Florida and premises liability and general business cases.
Assisted multi-national companies in planning and training to enhance cybersecurity.
Served as lead counsel representing a Chinese-based Nevada corporation in shareholder litigation in Nevada federal court arising from a reverse merger. (China Energy Corp. v. Hill, Case No. 3:13-cv-00562 (D. Nev.)).
Successfully defended a national property developer in an action to appoint a receiver for major hotel properties (Bank of America v. Braveheart Columbus LLC, Case No.10 CV 008608 (Ohio App. Franklin Cty.)).
Obtained dismissal of putative class and individual actions on preliminary motions and summary judgment as lead national litigation counsel for a major trust company self-directed IRA custodian in cases around the country, defending claims for fraud, breach of contract, violation of the RICO Act, and state securities and consumer protection laws, and in connection with Ponzi schemes.
Successfully defended a national bank in a RICO conspiracy action by a putative consumer class alleging conspiracy in connection with telemarketing fraud; obtained dismissal of the amended complaint on motion and argued Sixth Circuit appeal. (Johnson v. U.S. Bank N.A., 2009 U.S. Dist. LEXIS 2011; affirmed (6th Cir.)).
Secured a voluntary dismissal of an investor suit against a bank after discovery for alleged mismanagement and suitability violations with respect to an agency account.
Represented the FDIC in investigating and prosecuting professional liability and D&O claims for failed banks and S&Ls in Ohio and Illinois.
Successfully represented a hotel developer in a $150 million reorganization/foreclosure action; defeated motion to appoint a receiver.
Obtained dismissal of FDCPA and state RICO claims in a putative class action against a financial institution and its attorneys alleging irregularities in state court foreclosure actions (Whittiker, et al. v. Deutsche Bank National Trust Company, et al., Case No. 1:08 CV 300 (N.D. Ohio).
Recovered the full value of a $9 million mortgage portfolio participation interest claim for a federal credit union client in liquidation proceedings of another federal credit union.
Successfully represented a thrift director and major shareholder in OTS proceedings alleging violation of acquisition of control regulations.
Secured dismissal on a preliminary motion of four national banks and their holding companies in a multi-million-dollar putative class action involving National Bank Act preemption issues arising from claims that defendant banks improperly charged fees in garnishment proceedings in violation of state law; affirmed on appeal (Monroe Retail, Inc., et al. v. Charter One Bank, N.A., et al., 589 F.3d 274 (6th Cir.)).
Obtained defense verdict in a trade secret case involving a spinoff from a national catalog sales company (Suarez Corp. v. Napier, et al., Case No. 2002 CV 01420 (Stark Cty., Ohio, C.P.)).
Represented a major shareholder as lead counsel in seminal Delaware cases determining validity of a voting trust as a takeover mechanism in relation to directors’ fiduciary duty to protect minority shareholders (Omnicare, Inc. v NCS Healthcare, Inc.,818 A.2d 914 (Del.)).
Obtained dismissal on motion of directors of a public company in a shareholder derivative action alleging breach of fiduciary duty and misrepresentation in connection with corporate reorganization; affirmed on appeal (Barr v. Lauer,2007 Ohio 156, aff’d, 2007 Ohio App. LEXIS 154 (Cuyahoga County App.)).
Obtained dismissal on motion of a putative class action alleging violations of Ohio UCC and Retail Installment Sales Act in auto repo activities based on federal preemption (Crespo v. WFS Financial, Inc., 2008 WL 4443934 (N.D. Ohio)).
Obtained dismissal on motion of national bank directors in a shareholder derivative suit alleging breach of fiduciary duty in connection with a merger (Perkel v. Unizan Financial Corp., Case No. 2004 CV 00577 (Stark Cty., Ohio, C.P.)).
Defeated class certification and obtained dismissal on motion of a national underwriting firm in a Colorado suit by investors in private offerings alleging securities fraud and RICO claims (Stephens v. WebAccess International, Inc., 2006 U.S. Dist. LEXIS 25934 (D. Colo.)).
Obtained dismissal of twelve consolidated putative securities class action suits alleging accounting irregularities; secured seminal Sixth Circuit decision on “bespeaks caution” doctrine (Charal v. Royal Appliance MFG., 1996 U. S. App. LEXIS 24626 (U.S. 6th Cir.)).
Obtained a seminal decision dismissing an Ohio derivative shareholder suit based on of the plaintiff’s failure to make a demand on the company’s shareholders (Rothstein v. Gosset, Case No. 95- CV-0522 (Medina Cty., Ohio, C.P.))
Successfully defended a national accounting firm in a derivative malpractice action arising from tax preparation services (Sparks v. CBIZ Accounting, Tax & Advisory of Kansas City, Inc., 36 Kan. App. 2nd 660, 142 P3d 749).
Secured partial dismissal on motion of a multi-national corporation and its officers in a putative worldwide shareholder class action alleging securities fraud in connection with a tire recall and related alleged accounting irregularities (City of Monroe Employee’s Retirement System v. Bridgestone Corporation, Case 8-01-0017 (M.D. Tenn. 2004, aff’d in part, 2005 U.S. App. LEXIS (U.S. 6th Cir.)); subsequently settled.
Obtained a defense award in an arbitration proceeding stemming from a shareholder class action/fraud litigation (Greenfield/Florida State Board of Admin. v. CompuServ Corp., et al., Case Nos. 96 CVH-06-4810, 3906 (Franklin Cty., Ohio, C.P.)).
Secured declaratory judgment on motion in favor of the founder and majority shareholder of a major private company in a case involving claims of breach of fiduciary duty, defamation, and breach of contract (Trebilcock v. Elinsky, et al., Case No. 1:05cv2428 (U.S. Dist. Ct., N.D. Ohio)); settled during appeal.
Successfully prosecuted trade secret and breach of fiduciary duty claims against the president of the U.S. subsidiary of a Swiss corporation (Satis Vacuum AG v. Wilson, (Cuyahoga Cty., Ohio, C.P.)).
Defeated class certification and secured dismissal on motion in a consumer lawsuit for fraud and breach of fiduciary duty against an IRA trustee; affirmed on appeal (Moorjani v. Mid-Ohio Securities, et al., Ct. App. Case No. L-07-1249 (Lucas Cty., Ohio)).
Successfully defended a national bank in multistate litigation by 300 individual plaintiffs alleging securities violations and fraud arising from the bank’s loans to investors in a defunct company (Appel v. SOS Industries, Case No. 2001-31244 (7th Cir., Fla.)).
Obtained dismissal on motion of a corporate president in a shareholder derivative action alleging accounting fraud and misappropriation of corporate assets (Miner v. Figgie Int’l Corp.(consolidated), Case Nos. 93CV001798 and 93CV001575 (Lake Cty., Ohio, C.P.)).
Successfully represented a vacuum cleaner manufacturer in a preliminary injunction proceeding involving Lanham Act claims (Royal Appliance Mfg. Co. v. Hoover Co., 845 F. Supp. 469 (U.S. Dist. Ct., N.D. Ohio)).
Successfully represented the FDIC on holder-in-due-course claims (Federal Deposit Insurance Corporation v. The Cremona Company, et al., 832 F.2d 959 (U.S. 6th Cir.)).
Successfully defended a corporate trustee on claims of a class of debenture holders for breach of fiduciary duty.
Obtained dismissal on motion of a national finance company in a suit alleging contractual violations related to the assignment of auto financing notes.
Managed litigation for dozens of corporate control contests involving public and private companies, including Bridgestone Corp., First Union Real Estate Investment Trust, Cedar Point, Inc., Lubrizol Co., and Royal Appliance Mfg., Inc.
Extensive experience defending corporate and individual clients in regulatory enforcement proceedings by governmental bodies, including the SEC, NYSE, FDIC, and OTS.
Represented cities, counties, and police departments in a broad range of matters, including contract disputes, investment liability, general liability and insurance counseling, zoning, and First Amendment matters.
