Representative Matters

The following representative matters illustrate some of the experience and skills our attorneys possess.

In re: Inkstop
Defended CFO of national retail chain against state criminal prosecution charging RICO, securities fraud, theft and bribery, and in numerous related civil suits, arising from company's bankruptcy. Obtained dismissal with prejudice of all criminal charges and successfully resolved all civil proceedings.

The Queen v. Lawrence Holland (Cayman Islands)
Represented American citizen in criminal prosecution for Causing Death by Dangerous Driving. Following our submission, the Crown dismissed the case.

State of Ohio v. RJ Martin
Case No. CR 10-541493
Represented president of electrical contracting company in criminal prosecution and obtained complete dismissal before trial of all 47 charges, including racketeering, telecommunications fraud, and money laundering.

Ortiz v. Jordan
Case No. 09-737 (U.S. Supreme Court)
Of counsel to successful petitioner to U.S. Supreme Court, a former prisoner who, after obtaining jury verdict against prison officials for unconstitutional mistreatment, had verdict reversed on appeal.  The U.S. Supreme Court unanimously reversed the judgment of the Court of Appeals.  (Click here for Opinion)

In re: Hawk Corporation
Represented the CFO of publicly-traded company in investigation by SEC and DOJ of manipulation of the company's stock.  After our Wells Submission, the SEC declined to take further action.

Sanjay Yadav v. The Cleveland Clinic Foundation
Represented interventional cardiologist, and CCF's former Director of Vascular Intervention and Chairman of Innovations Department, in dispute which resulted in settlement of defamation and employment claims and issuance of joint statement. (Click here for Joint Statement)

American Greetings Corporation, et al., v. DIC Entertainment Corporation, et al.
Case No. 1:08-CV-1533 (U.S. District Court, Northern District of Ohio)
Defended Century City entertainment company in a lawsuit seeking to prevent $85 million merger based on restrictions in a license agreement. Following briefing and expedited discovery, a favorable resolution was obtained which permitted the merger to be completed.

United States of America v. Joseph H. Smith
Case No. 1:06CR00394 (U.S. District Court, Northern District of Ohio)
Obtained acquittal on conspiracy, fraud and kickback charges against former chief financial and legal officer of the Catholic Diocese of Cleveland following a six-week federal criminal trial featured in Render Unto Rome by Jason Berry (Crown 2011).

Adcor Industries, Inc. v. Bevcorp, LLC, et al.
Case No. 1:03CV1901 (U.S. District Court, Northern District of Ohio)
Case No. CA-06-4260 (U.S. Court of Appeals, Sixth Circuit)
Represented manufacturing subsidiary of Japanese international trading company in federal criminal investigation and related civil litigation brought by competitor alleging misappropriation of trade secrets. The criminal investigation was terminated with no charges brought, and the civil suit was dismissed following a federal bench trial, which was affirmed on appeal. (Click here for Opinion1 Opinion2 Opinion3)

State of Ohio v. Richard Winterich
Case No. CA 089581 (Eighth Appellate District, Cuyahoga County)
Obtained reversal on appeal of rape convictions and life sentence on behalf of 50 year old man with no prior criminal record. (Click here for Opinion)

Brantley Capital Corp. v. Robert B. Pinkas, et al.
Case No. 07-CV-00645 (U.S. District Court, Northern District of Ohio)
Represented investment corporation in asserting fraud and breach of contract claims against its former officers and directors, which settled following initial briefing.

The Official Committee of Unsecured Creditors of PHD, Inc. on Behalf of the Estate of PHD, Inc. v. Bank One, N.A., et al.
Case No. 1:03-CV-02466 (U.S. District Court, Northern District of Ohio)
Defended designee of venture capital firm, serving on board of directors of corporation, against claims of breach of fiduciary duty brought by creditors. Obtained dismissal by motion of all claims and created new law regarding the duties of a director of an insolvent corporation. (Click here for Opinion1 Opinion2)

Christopher Terrell v. Uniscribe Professional Services, Inc.
Case No. 1:04CV1288 (U.S. District Court, Northern District of Ohio)
Represented corporate employee in dispute concerning his right to additional incentive compensation which, after obtaining key legal rulings, resulted in successful settlement.(Click here for Opinion)

William H. Maloof, v. Squire, Sanders & Dempsey, L.L.P., et al.
Case No. CA 82406 (Eighth Appellate District, Cuyahoga County)
Defended international law firm against legal malpractice claims brought by former client seeking damages of $165 million dollars. Obtained dismissal of claim by motion, which was affirmed on appeal.(Click here for Opinion)

United States v. Gebbie
Case No. CA 01-1812 (U.S. Court of Appeals, Third Circuit)
Represented government contractor in federal criminal prosecution and obtained dismissal by motion of conspiracy charges, which was affirmed on appeal. (Click here for Opinion)

A.T. Kearney, Inc. v. Officemax, Inc.
Case No. 1:01CV2254 (U.S. District Court, Northern District of Ohio)
Case No. 05-CV-568798 (Cuyahoga County, Ohio)
Represented Fortune 500 company in contract dispute with international management consulting firm regarding the value of the services provided, which after extensive briefing regarding arbitration issues, resulted in successful settlement.

Geoffrey S. Frankel, v. Resilience Capital Partners, LLC, et al.
Case No. 05-CV-572251 (Cuyahoga County, Ohio)
Represented investment banker in his suit against former partners concerning his separation from the firm they founded. Following briefing concerning their separation agreement, the case was successfully settled.

Kristopher Conwill, et al. v. American Family Insurance Group, et al.
Case No. 03 CIV 0890 (Medina County, Ohio)
Represented police officer who was severely injured by explosion at county fair and obtained favorable settlement following extensive briefing.

Rosie Andujar, et al. v. Anthony M. Pilla, et al.
Case No. 565095 (Cuyahoga County, Ohio)
Defended Chief Financial Officer of Catholic Diocese of Cleveland in civil suit alleging financial misconduct, which was dismissed by motion.(Click here for Opinion)

United States v. Van Oosterhout
CA 95-5413 (U.S. Court of Appeals, District of Columbia Circuit)
Obtained dismissal by motion of $90 million civil claim against businessman brought by Department of Justice and Small Business Administration under the False Claims Act, which was affirmed on appeal.(Click here for Opinion1 Opinion2)

The firm also frequently represents businesses and individuals in criminal and grand jury investigations, which are not public and do not result in indictment, and in civil disputes, which are resolved without suit being filed.