Practice/Industry Group Overview
We practice sophisticated, result-oriented litigation. Our approach mirrors the firm’s overall philosophy of providing innovative representation that recognizes business realties and is both economical and responsive to our clients’ individual needs.
The lawyers in our litigation practice group have experience in the successful resolution of a broad range of commercial and regulatory matters, including construction, contracts, creditor disputes, employment issues, fraud, securities and shareholder litigation.
We are also experienced in representing national broker-dealers, clearing firms and individual brokers in securities arbitration work and other regulators.
Though we regularly win substantial victories for our clients, success is often measured by business decisions that impact how a client should proceed. Our attorneys understand that litigation can be time-consuming, emotionally stressful and expensive. Accordingly, we can often prevent a lawsuit through judicious negotiation and counseling.
Our successes include:
- Successfully represented insiders of public company in shareholder lawsuit involving the sale of a public company
- Successfully represented an ousted company president and shareholder in a fraud action against an acquiring shareholder
- Represented the State of Ohio Department of Insurance in formulating, presenting and obtaining approval of an insolvent insurance company’s rehabilitation plan
- Obtained temporary restraining order preventing dissident shareholders of a publicly held company from voting their shares at a shareholder meeting in violation of contractual obligation
- Successfully represented medical supply company and lessor of MRI equipment against hospital/lessee that breached long term equipment lease
- Obtained seven figure award in California arbitration against Fortune 100 company in claim involving breach of contract and fraud in the sale of an aerospace subsidiary
- Gained multiple victories in injunction cases brought to enforce anti-competition clauses in employment agreements
- Obtained dismissal of securities arbitration cases against national broker-dealers and individual brokers based upon claims of unsuitability and fraud
- Significant return for not-profit institutions involved in investments of CDO’s
- Represented national broker-dealer and broker against claims by broker’s wife who alleged fraud, theft and mismanagement of inheritance
- Successful representation of New York artist wrongfully induced to become a limited partner in a fraudulent hedge fund investment
Articles Authored by Lawyers at this office:
Orange Is the New Sexual Harassment Lawsuit
Jonathan T. Hyman, July 25, 2014
Orton-Bell v. State of Ind. (7th Cir. 7/21/14) [pdf] concerns allegations of sexual harassment levied by a substance-abuse counsel at an Indiana maximum security prison against her co-workers and superiors. The allegations break down into two categories:
When Your Plaintiff Is a Prostitute
Jonathan T. Hyman, July 22, 2014
Let’s say an employee sues your company for sexual harassment. And let’s say the allegations are bad-that the supervisor told the plaintiff he could save her job if she “f***ed” him, after which the supervisor raped her. Like I said, BAD. As an employer, you don’t have...
Tree (or House) falls on Motorist (or Witch); Act of God or Negligence?
, June 27, 2014
In the Land of Oz, the issue was clear. “The house began to pitch. The kitchen took a slitch. It landed on the Wicked Witch in the middle of a ditch.” No negligence or other fault on the part of Dorothy. In the case of falling trees in the land of Ohio, the issue is not so clear. The...
A Black and Blue Lawsuit: Tiffany & Co. Sued for Race Discrimination
Jonathan T. Hyman, June 11, 2014
My dog’s name is Loula Mae. “Loula” is name of the dog on the kids cartoon Pocoyo, which my son was obsessed with when we got her. “Mae” just sounded right to pair with Loula, and gives her a bit of a gentile, southern charm. Little did we know, however, that the...
NLRB Judge Gives Booby Prize to Hooters' Workplace Policies
, May 29, 2014
In Hooters of Ontario Mills, an NLRB Administrative Law Judge found that a California franchisee of Hooters unlawfully fired a waitress for complaining about a bikini contest that she perceived as fixed. In the same decision, the ALJ also concluded that the restaurant maintained numerous illegal...
Prejudice vs. Racism: Please Don't Confuse the Two
, May 29, 2014
Last week, Inc. interviewed the billionaire, entrepreneur owner of the Dallas Mavericks, Mark Cuban. In light of Donald Sterling, racism was one of the topics covered. Mr. Cuban’s candid and honest response has sparked a wave of controversy:
Two Cups, One Termination
, May 29, 2014
Cause for a termination is often in the eye of beholder. Or, to put it another way, what might seem trivial to one can be a big enough deal to another for a termination.
A Bird in the Hand? Court Refuses to Compel Lewd Picture in Harassment Case
Jonathan T. Hyman, May 22, 2014
Laverne Battle claimed that her supervisor at the District of Columbia Metro Police Department texted from his cell phone to her cell phone, a picture of him holding his penis is his left hand. To support her sexual harassment claim, battle sought to compel seeks to compel the supervisor to produce...
No Good Comes From Asking Medical-Related Questions during Interviews
Jonathan T. Hyman, May 06, 2014
Sjöstrand v. The Ohio St. Univ. (6th Cir. 4/28/14) [pdf] is an ADA case, but not an employment case. It involves a graduate school applicant claiming that OSU denied her admission because of her Crohn’s disease. In support of her claim, Sjöstrand pointed to her admission interview,...
6th Circuit Sends Strong Signal to EEOC in Affirming Dismissal of Systemic Lawsuit
Jonathan T. Hyman, April 14, 2014
Last January, a Cleveland federal-court judge dismissed a race discrimination lawsuit brought by the EEOC against Kaplan Higher Learning. In that case, the EEOC challenged Kaplan’s use of credit reports in its hiring process as having a systemic disparate impact based on race. To support its...
Does Inevitable Disclosure Protect Your Company's Trade Secrets? It depends.
Jonathan T. Hyman, February 14, 2014
The most straightforward manner in which to prevent a former employee from jumping ship to one of your competitors is to have the employee sign a non-competition agreement. Absent a written agreement by an employee not to compete, however, are you out of luck if you want to stop an key employee...
Clothes Make the Man, and the Wage-and-Hour Lawsuit
Jonathan T. Hyman, November 11, 2013
Last week the U.S. Supreme Court heard oral argument in its first employment law case of its October 2013 term, Sandifer v. United States Steel Corp., which asks under what circumstances employers are required to treat as compensable the time employees spend putting on and taking off protective...
The Case Regarding Intern Harassment
Jonathan T. Hyman, October 15, 2013
By now, you’ve probably read about Wang v. Phoenix Satellite Television (S.D.N.Y. 10/3/13), the New York federal court case dismissing, under New York City’s employment discrimination law, a sexual harassment claim brought by an unpaid intern. The decision, which held that an unpaid...
How to Handle the Malingering FMLA Abuser
Jonathan T. Hyman, October 14, 2013
Let’s say you have an employee who claims to be suffering from a chronic back injury. He even has doctor’s notes certifying that his back pain impairs his “ability to lift, to carry heavy objects, to bend repeatedly, or actually bend at the waist.” So, you grant the employee...
751,942 (and a Half) Marks Against the EEOC in Background Check Litigation
Jonathan T. Hyman, October 11, 2013
It’s no secret that criminal background checks rank highly on the EEOC’s hit list. The EEOC has taken the position that a policy that per se eliminates someone with a criminal history from consideration for employment violates Title VII as having a disparate impact based on race. And,...