Areas of
Litigation

We solely Practice Litigation

Our focus is litigation – advising clients on how to avoid litigation when appropriate and handling litigation matters when needed. We have 70+ years of first chair litigation and trial experience. Some of our particular areas of experience are below.

Representing both defendants and plaintiffs in antitrust litigation has provided us with unique perspective in advising clients regarding the Sherman Act, Clayton Act, and related state laws regarding competition.

Representative Antitrust Matters
  • Represented defendant Ohio Fresh Eggs in six-week Sherman Act trial, resulting in defense verdict after six days of deliberation.
  • Represented multiple plaintiffs in Sherman Act and Clayton Act individual and class action claims in antitrust litigation.

We have handled oral arguments in federal and state appellate courts around the country. Appellate work requires honed writing, oratorical, and advocacy skills. As a litigation boutique, we are positioned to take over a matter on appeal or provide a second look as a client evaluates issues and options for appeal.

Representative Appellate Matters
  • United States ex rel. Sheldon v. Allergan Sales, LLC, 24 F.4th 340 (4th Cir. 2022) (vacated) (oral argument and on papers), en banc decision, 49 F. 4th 873 (4th Cir. 2022) (oral argument and on papers), cert. granted, judgment vacated, and case remanded, 143 S. Ct. 2686 (June 30, 2023).
  • The Ohio High School Athletic Association v. Ruehlman, 157 Ohio St. 3d 296 (July 16, 2019) (on papers).
  • MJS & Associates v. Master, et al., Case No. 12-15-00219-cv (Tex. App. Sept. 7, 2016) (oral argument and on papers).
  • Hathorn, et al. v. Dana Motor Co., LLC, 2016-Ohio-5110 (Hamilton Cty. App. July 27, 2016) (oral argument and on papers).
  • Dudenhoeffer v. Fifth Third Bancorp, 692 F.3d 410 (6th Cir. Sept. 5, 2012) (oral argument and on papers).
  • LaWarre v. Fifth Third Securities, Inc., 2012-Ohio-4016 (Hamilton Cty. App. Sept. 5, 2012) (oral argument and on papers).
  • Nat'l Union Fire Ins. Co. v. Wuerth, 349 F. App'x 983 (6th Cir. 2009) (oral argument and on papers).
  • Nat'l Union Fire Ins. Co. v. Wuerth, 122 Ohio St. 3d 594 (2009) (oral argument and on papers).
  • Cincom Systems, Inc. v. Novelis Corp., 581 F.3d 431 (6th Cir. 2009) (oral argument and on papers).

We have represented clients in class actions our entire careers. We have been appointed lead counsel or co-lead counsel on the plaintiffs’ side and have represented many defendants in “bet the company” litigation on the defense side. Class actions require a more complex level of organization, strategic thinking, and multiple layers of effective communication.

Representative Class Action Matters
  • Represented Fortune 500 Companies in a several class action cases as lead defense counsel
  • Defense of various class actions against a publicly traded large fleet trucking company
  • Represented large public company in national class action alleging gender discrimination in hiring practices
  • Represented large publicly held corporation in national class action litigation and settlement related to alleged environmental charge overages
  • Represented plaintiffs in national class action against telecommunications provider
  • Represented plaintiffs in class action alleging defective medical device claims against manufacturer of medical devices resulting in a $60 million settlement
  • Represented plaintiffs in national class action alleging defective medical devices which resulted in a multi-million dollar settlement

We have a long history of representing individuals, entrepreneurs, startups, and Fortune 500 companies in commercial litigation. We have handled commercial cases involving contracts, fiduciary duties, securities claims, ERISA claims, banking claims, and a host of other federal and state law claims related to companies. We regularly represent clients in high-stakes commercial litigation.

Representative Commercial Matters
  • Represented financial institutions regarding securities, ERISA, and banking claims
  • Represented Fortune 500 Company as coordinating national litigation counsel
  • Represented large public company in prosecution of RICO and related claims against various unions
  • Represented telecommunications broker against large telecommunications carrier resulting in a multi-million dollar award
  • Represented class of descendents of landowners against U.S. Government for claims arising out of confiscation of lands for development of the Manhattan Project during World War II which resulted in a $10 million settlement through act of Congress
  • Represented large privately held entity in claim for insurance coverage related to contaminated real estate which resulted in a $10 million recovery
  • Represented individual sellers of privately held businesses in breach of contract claim resulting in payment to sellers of several million dollars
  • Represented individual owner of multiple franchises in breach of contract claim resulting in a multi-million dollar sale of franchises

Cybersecurity is more important than ever. Joe has advised multiple clients on cybersecurity and data privacy issues and managed several data breach incidents. Joe also regularly speaks and writes on cybersecurity and data privacy issues.

We have extensive experience in environmental litigation and are currently representing the States of Michigan and Illinois in large-scale environmental litigation.

Representative Environmental Matters

We have a national False Claims Act practice with cases that have been filed around the country. In particular, we work extensively with Joel Hesch and The Hesch Firm on FCA matters. Joel worked for more than 15 years in the Civil Division of the Fraud Section at the Department of Justice in Washington D.C.; Joel led fraud investigations affecting more than 20 different agencies and recovered more than $1.5 billion during his time at DOJ. We have worked with Joel for 15+ years and have recovered hundreds of millions of dollars in FCA settlements for the benefit of the United States and states and have obtained significant relator share rewards for our clients.

Representative FCA Litigation Matters and Settlements
  • Represented Relator in False Claims Act litigation resulting in a $65 million settlement
  • Represented Relator in False Claims Act litigation resulting in an $80 million civil settlement and criminal fine
  • Represented Relator in False Claims Act litigation resulting in a $32 million settlement
  • Represented Relator in False Claims Act litigation resulting in a $3 million settlement

Joe has represented clients in over 50 FINRA/NASD arbitrations over the years. FINRA arbitrations have a unique set of procedural rules and require a little more flexibility and deftness than traditional litigation.

For years, Greg has represented many defendants in national collective/class action overtime claims. These cases require an intimate knowledge of the law and understanding of the most effective defense strategies.

Representative FLSA/Collective Action Matters
  • Representing National Logistics Trucking Company in defense of FLSA national collective and class actions related to overtime claims by employees
  • Represented National Engineering Firm in defense of FLSA national collective actions related to overtime claims by employees
  • Represented large regional trash hauler in company wide FLSA claims
  • Represented regional franchisor in defense of FLSA national collective and class action overtime claims by employees
  • Represented regional nursing home conglomerate in defense of FLSA national collective and class action overtime claims by employees

Joe has represented clients in copyright, trademark, and trade secrets litigation in federal courts around the country.

Representative IP Litigation Matters
  • Representing client in copyright and Ohio trade secret litigation
  • Representing Cincom Systems, Inc. in Cincom v. Novelis appeal

We represent and have represented both plaintiffs and defendants in personal injury, product liability and tort litigation for decades. We also have extensive experience managing and coordinating a portfolio of tort cases for clients.

Representative Tort Matters
  • Represented several individual plaintiffs in personal injury and wrongful death matters resulting in individual multi-million dollar judgments and settlements
  • Represented large publicly traded company overseeing all its tort litigation

We have the privilege to represent States and State Attorneys General in litigation, competing in RFPs and ultimately being appointed to lead litigation in high-profile matters.

Representative State AG Matters