With an aggressive approach to handling labor and employment matters, David's ability to learn his client's business and adapt a strategy to suit their needs enables his clients to move forward with confidence. In addition to being a seasoned litigator who never shies away from taking a case to trial when the circumstances merit, David also has experience with third-party mediations and arbitrations, allowing his clients to reach alternative resolutions short of the courtroom when possible.
David handles all varieties of employment challenges for clients, ranging from on-the-job injuries and workers' compensation cases to trade secrets/non-compete matters to general employment and contract disputes between businesses. His clients hail from a variety of industries, including manufacturing companies, leasing companies and construction businesses, requiring a thorough understanding of each client's operations. David works diligently to assess and evaluate each case, working with the client to prevent litigation and explore settlement options when they exist. However, when litigation becomes inevitable, David's experience in state and federal courts enable him to tailor an efficient strategy for the client that accomplishes their objective.
David's business knowledge and litigation experience also enables him to work with clients in the construction business, representing construction managers, contractors, subcontractors and design professionals in a variety of construction law matters, including contract disputes, delay claims and project defects.
Additionally, David served as a law clerk for U.S.D.C., ED Ky. William O. Bertelsman from 1994-1995.
Memberships & Affiliations
· Cincinnati Bar Association
· Northern Kentucky Bar Association
· Adjunct Professor, Chase College of Law (1994-2003)
Distinctions
· Selected for the Ohio Super Lawyers®List
Experience
Recording Industry of America vs. Various Defendants in Ohio and Kentucky
Recording Industry Association of America (BMG Music, Atlantic Recording Corporation, Capital Records, Inc. Arista Records LLC, Interscope Records, Sony BMG Music Entertainment, Warner Brothers Records, Inc., etc)
Counsel in various lawsuits seeking to enjoin illegal uploading and downloading of copyrighted music
Procter & Gamble v. Bankers Trust
The Procter & Gamble Company
Breach of contract, fraud, negligence, breach of fiduciary duty, federal and state securities and commodities claims, RICO
The Procter & Gamble Company v. Paul Stoneham
The Procter & Gamble Company
Suit seeking injunctive relief for breach of non-compete agreement and violation of Ohio Trade Secrets Act
The Dietz Company, Inc. v. IPC Power Resistors International, Inc., State of Wisconsin, Circuit Court, Waukesha County Case No. 01-CV-00373
IPC Power Resistors International, Inc.
Defense of improper termination claim
Class Action Lawsuit
Eagle Hospitality Properties Trust, Inc. and Certain Eagle Hospitality Board Members
Class action lawsuit seeking to preclude sale of assets in multi-million dollar transaction
CAE, Inc., et al. v. Three Cities Research, Inc., et al., District of Oregon
Three Cities Research, Inc. and Related Private Equity Funds
Dismissal of $97 million civil RICO claim related to international transaction with Canadian entities, concerning alleged contingent consideration owed under stock purchase agreement
Official Committee of Unsecured Creditors, On Its Own Behalf And On Behalf of Dwight's Piano Company et al. v. Karen L. Hendricks et al., Adversary Proceeding Case No. 02-1158, U.S. District Court, Southern District of Ohio
Former CEO of Baldwin Piano and Organ Company
Successful defense of suit brought by Committee of Unsecured Creditors against former CEO of Baldwin Piano Company, alleging breach of fiduciary duties in management of the company and seeking damages in excess of $28M
Official Committee of Unsecured Creditors of Genesis Worldwide, Inc., et al. v. Three Cities Research, Inc., et al.
Three Cities Research, Inc.; Three Cities Fund II, L.P.; and Three Cities Offshore II, C.V.
Successfully defended private equity funds and private equity investment advisors against $62 million claim alleging breach of contract, breach of representations and warranties in a stock purchase agreement, fraud, fraudulent conveyance and equitable subordination