Barbara Friedman Yaksic is a member in the firm's Cleveland office. She focuses her practice on civil litigation with an emphasis in the areas of consumer finance, commercial, and complex business litigation. Barbara is also experienced in class action, bankruptcy, employment and real estate litigation.
Barbara speaks and writes on a variety of litigation and advocacy topics and issues including taking and defending effective depositions, professionalism, alternative dispute resolution and litigation tactics and strategies. Barbara is experienced in various methods of alternative dispute resolution, including serving as an arbitrator.
Business Litigation
With respect to a variety of litigation issues, Barbara has advised financial institutions, manufacturers, retailers and health care providers and entities. One of her victories involved obtaining a six-figure judgment on behalf of a manufacturing client. Barbara gathered, collated and analyzed literally thousands of transactions and presented the case in such a way that her client was awarded all the damages it had requested; no appeal was taken from the judgment.
Consumer Financial Services Litigation
Barbara represents lenders and financial institutions in courts throughout Ohio in lawsuits, arbitrations and mediations. These proceedings involve a wide variety of consumer finance issues, including claims asserted under various state and federal statutes and common law.
Representative Transactions
In connection with a fraudulent transfer action, Barbara obtained, ex-parte, a temporary restraining order freezing defendant's assets world-wide. This ultimately led defendants to repaying all the money owed to the bank. During the course of this matter, Barbara supervised simultaneous litigation in Ohio, Florida, Cook Island and Swiss Courts.
Published Opinions
· Coleman v. American General Financial Services, 2009-Ohio-2962 - Reversing denial of motion to compel arbitration on grounds incorrect arbitrability analysis was used.
· Gawry v. Countrywide Home Loans, Inc., 2009 WL 1954717 (N.D. Ohio) - Class certification denied and summary judgment granted in case involving alleged imposition of unlawful prepayment penalty.
· Anderson v. Delta Funding Corp., 316 F.Supp.2d 554 (N.D. Ohio 2004) - Motion to Compel Arbitration and Stay Proceedings granted.
Professional Affiliations
· American Arbitration Association, Commercial Advisory Council, 1991-1994
· American Bar Association
· Cleveland Bar Association, Board of Trustees (past member), Executive Committee (past member), Judicial Selection Committee (past chair), Women in Law (past chair), Justice for All (past chair)
· The Federal Bar Association
· Ohio State Bar Association, Membership Committee (past chair), Coordinating Committee (past member), Board of Governors (past member), Counsel of Delegates (past member), Section on Women in the Profession (past chair)
· Ohio Women's Bar Association, Judicial Selection Committee (past chair)
· William K. Thomas Inn of Court, past secretary/treasurer; former member of Executive Committee
· 8th Judicial Bench Bar Conference, Life Member
Presentations
· "Amendments to F.R.C.P.: E-Discovery," William K. Thomas Inn of Court, 11/06
· "Protecting Lenders - Ohio's Home Buyers Protection Act," 9/06
· "Litigation Ethics," William K. Thomas Inn of Court, 4/03
· "Deposition Conduct: Taking and Defending Effective Depositions in Ohio," Ohio State Bar Association, 12/01;12/02
· "Woman Advocate," Ohio State Bar Association, 8/96;9/00;4/01
· "Flying Solo," Ohio State Bar Association, 11/98
· "Winning Without Losing Your Professionalism," Ohio State Bar Association, 8/98
· "ADR -- Why Use It, When to Use It and How to Use It," Cleveland Bar Association, 6/98
· "Guerilla/Gorilla Tactics - Women Conquering the Legal Jungle," Cleveland Bar Association, 5/97
· "Convincing Others - An Advocacy Seminar," Cleveland Bar Association, 5/95
· "AAA: ADR Day," Ohio State Bar Association, 9/94
· "Rainmaking - Women Attorneys at Client Developers," Cleveland Bar Association, 9/93
· "Gender Equity," Cleveland Bar Association, 9/92
· "Deposition Conduct: Cuyahoga County L.R. 13," Ohio State Bar Association, 10/91
Publications
· Ohio Lawyer Magazine, Board of Editors, (past chair; current member)
Community and Other Activities
· Alzheimer's Association, Cleveland Area Chapter, Board of Trustees (past member)
Professional Recognition
· Martindale-Hubbell AV Peer Review Rated Lawyer
· Ohio Super Lawyers Business Litigation
· The Best Lawyers in America ® (Commercial Litigation, Litigation - Banking & Finance, Litigation - Bankruptcy)
Awards & Honors
· "Justice for All Volunteer of the Month", Cleveland Bar Association, 5/99