Experience
I have practiced law since 1999, starting my career as an associate and subsequently a partner in the Cleveland office of Thompson Hine LLP, and later as associate general counsel and then general counsel for a rapidly-growing automotive part manufacturing company.
I work with clients ranging from small businesses to Fortune 500 public companies in a wide variety of industries, including paints, chemicals, industrial manufacturing, and consumer packaged goods.
The focus of my practice is as a practical advisor and counselor in the broadly-defined area of “competition” law, including antitrust, product distribution, advertising, commercial contracts, trade secrets, and restrictive covenants. I work with clients to assess business practices, to train employees in legal compliance, drafts agreements and policies, and where necessary, work to resolve disputes. Where possible, I seek to make the legal review process streamlined, reproducible, and efficient. Your legal counsel should be your partner in achieving business objectives, not your opponent.
My experience also includes significant antitrust, competition, non-compete, trade secret, product distribution, products liability, and other business-oriented litigation matters in state and federal courts, at the trial and appellate levels, all around the country. I am experienced in resolving business disputes, whether through trial, through mediation, or by direct negotiation, and can also supervise the activities of other retained or local counsel.
Background
I am a graduate of Harvard Law School and of Denison University, summa cum laude. My entire legal career has been based in Ohio. I am admitted to practice in the Ohio state courts, the United States District Courts for the Northern and Southern Districts of Ohio, The United States District Court for the District of Colorado, and the United States Court of Appeals for the Sixth Circuit. I have litigated matters in state and federal courts in approximately twenty other states, and I represent clients from across the country.
I am a resident of Solon and a strong believer in the future of Northeast Ohio. When not practicing law, I enjoy spending time with my wife and four kids. I am an active stamp collector and postal historian, with particular expertise in the postal history of Ohio. I also collect and enjoy using fountain pens, though I will admit they don't improve my handwriting.
Professional Involvement
Community Involvement
Publications and Presentations
I have written and presented in multiple areas of practice. I have presented webcasts for the OSBA in areas including “Risks of Retail,” “Sweepstakes and Contests 101,” and the Defend Trade Secrets Act, and have presented at the OSBA Antitrust Section’s Antitrust Institute. I also wrote the Ohio chapter for the first edition of Business Torts: A Fifty State Guide in 2007 and have continued to co-edit that chapter through its 2017 edition.
Recognition
Commercial Contracts – Agreements make the business world turn. Vendor, supplier, consulting, sales, and other agreements are necessary and daily business realities. I negotiate, draft, and review a wide variety of business agreements for my clients.
Antitrust and Competition Law – Federal and state regulators govern many relationships between competitors, and seek to protect consumers against certain anti-competitive behavior. I assist clients in their dealings with competitors, pricing practices, and other related matters.
Product Distribution – Federal and state laws govern many relationships between a supplier and its dealers, distributors, and sales agents. Laws vary widely from state to state, and international laws also impose different obligations. I advise clients on product distribution relationships, draft agreements governing them, and counsel both suppliers and their resellers on their rights and compliance with applicable law when these agreements come to an end.
Advertising, Marketing and Social Media – I review advertising materials for claim substantiation and legal clearance, and advise clients on appropriate disclaimers and disclosures for ads, coupons, rebate programs, and other sales devices. I also assist clients with structures and rules for promotions, including sweepstakes and contests, and guide clients regarding legal compliance related to advertising through social media platforms including Facebook, Twitter, and Pinterest.
Retail Sales Practices – I advise clients on the many rules and regulations governing the retail and online sales of products, including compliance with Deceptive Trade Practices and Consumer Sales Practices acts and compliance with various Federal Trade Commission regulations, including the Mail Order Rule and regulations relating to "buy one get one free" offers.
Trade Secrets – I advise clients on the identification and protection of trade secrets, both from a business practice and an employment agreement standpoint, and assist clients in enforcing their rights when necessary.
Restrictive Covenants –I counsel clients on the terms for, and enforceability of, covenants not to compete with employees and in business dispositions, and routinely assist clients with confidentiality agreements, non-disclosure agreements, and non-solicitation provisions as the part of commercial discussions and relationships.
Entity Formation - I can set up business entities and operational documents for them for your small business.
Nonprofit Organization Formation - New non-profit organizations need three things to function properly: a corporate entity, a set of bylaws to govern its operations, and tax-exempt status from the Internal Revenue Service. I have experience setting up entities, writing bylaws, and filing 1023-EZ applications for tax exempt status for small nonprofit organizations. I offer a discounted package for formation of small Ohio nonprofits as a way of giving back to worthy causes.
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