At a Glance
Tim helps companies develop and implement policies to attract the best and the brightest employees, protect their confidential information and resolve conflicts with employees who claim to have been discriminated against on the basis of age, race, sex, disability or sexual orientation. Tim also helps companies resolve conflicts with their customers and competitors. He has been named a “Leading Lawyer” by Inside Business magazine for the past eight years and an “Ohio Super Lawyer” (2004, 2005).
Practices/Industries
Litigation
Banking & Commercial Litigation
Complex Business
Construction Litigation
Employment & Labor
Governance Disputes & D&O Litigation
Trade Secrets/Unfair Competition/Non-Competes

Business
Corporate Governance
Employment & Labor
Executive & Incentive Compensation
Nonprofit

Government Regulation
Public Law

Real Estate
Construction

Financial Services
Banking & Commercial Litigation
Employment & Labor

Areas of Concentration
  • Employment and Labor Law
  • Wrongful Discharge Claims
  • Business Litigation
  • Trade Secrets
Education
Allegheny College (B.A., with honors, 1985)

Case Western Reserve University (J.D., 1988)
Representative Experience
  • Successfully defended an international banking institution in seven separate cases charging race and gender discrimination.
  • Successfully defended a large, national home builder accused of race and gender discrimination.
  • Successfully defended the largest municipal school district in Ohio in two cases alleging race and gender discrimination and one case involving premises liability.
  • Successfully negotiated severance agreements on behalf of many corporations, entities and executive level individuals.
  • Successfully defended a large church and its chief minister sued for breach of contract and fraud.
  • Successfully defended the former Chief Financial Officer of a national law firm sued for breach of fiduciary duty and negligence.
  • Has litigated hundreds of clients of harassment, retaliation and discrimination on the basis of age, race, disability, gender and sexual orientation.
  • Has litigated hundreds of claims of wrongful discharge, breach of contract (including non-compete claims) and denial of benefits.
  • Has litigated dozens of complex commercial disputes.
  • Litigates construction claims.
  • Designs innovative methods of dispute resolution.
  • Has been lead counsel in many multi-million dollar disputes.
  • Testifies before and lobbies members of the United States Congress and state legislatures on behalf of a roster of large and small business clients, individuals and advocacy organizations.
Honors & Distinctions
AV Rated - Martindale-Hubbell

Named an "Ohio Super Lawyer" in a survey of Ohio lawyers by Law & Politics and Cincinnati magazines (January 2004; January 2005)

Selected as a "Leading Lawyer" in Northeast Ohio in a survey of lawyers by Inside Business magazine (December 2001-2008)
Publications & Presentations

Publications
"Saint or Sinner: Where to Draw the Line on Religion in the Workplace", Council on Education Management's Preventing Employment Law Problems in the Ohio Workplace (October 2003)

"How to Lawfully Conduct an Internal Investigation", Ulmer & Berne Employment Law Letter, Vol. XIII, Issue 2 (Summer 2001)

"Emerging Law on Sexual Orientation and Employment", Vol. 3/4 University of Memphis Law Review 3/4 (Spring/Summer 2000)

"Employer Drug and Alcohol Policies: Consistent Enforcement is the Key", Ulmer & Berne Employment Law Letter, Vol. IX, Issue 1 (Spring 1997)

"Brief of the Ohio Human Rights Bar Association, et al., as Amice Curiae in Support of Petition for Writ of Certiorari to the United States Supreme Court", in the case entitled Equality Foundation of Greater Cincinnati, Inc., et al. v. The City of Cincinnati, et al. (September 11, 1995)

"Does the Decision in Adarand Constructors Sound the Death Knell for All Affirmative Action Programs?", Ulmer & Berne Employment Law Letter, Vol. VII, Issue 2 (Fall 1995)

"Hearings on Gays in the Military a Sham", New York Times (May 12, 1993)

Presentations
Frequent lecturer at American Bar Association meetings on a wide variety of employment law topics

Frequent teacher of Continuing Legal Education programs on employment and business law topics

“Note to Self on Employee References: Damned If You Do and Damned If You Don’t,” Panelist, ABA Section of Labor and Employment Law Employment Rights and Responsibilities Committee Midwinter Meeting (March 2007); Named a “Best of” presentation by the American Bar Association (Summer 2007)

"Enforcement and Rejection of Employment Agreements and Collective Bargaining Agreements in Bankruptcy," Cleveland Bar Association - Bankruptcy and Commercial Law Section and the Labor and Employment Law Section (June 2006)

“Are Chronically Sick and Tardy Employees Costing you Money?“ Ulmer & Berne Employment & Labor Law Breakfast Forum (January 2006)

Debate on Same-Sex Marriage, Panelist with Ohio State Representative William Seitz and Cleveland-Marshall Law School Professor Susan Becker, The City Club of Cleveland (2004)
 
"Professional Responsibility and Professionalism", Presenter, Northeast Ohio Chapter, American Association of Corporate Counsel Association Seminar, Cleveland-Marshall College of Law (2000)

"Symposium on Current Issues in Labor and Employment Law", Presenter, University of Memphis School of Law (2000)

"From Mental Disabilities to Managed Diseases: Measuring the Impact of Invisible Disabilities in the Workplace", Presenter (1998)

"AIDS and the Law", Presenter, St. Augustine Manor Annual Program for Health Care Providers (1997)

"Employment Law:  What Every Employer Should Know", Presenter, Ohio Human Rights Bar Association (1996 and 1997)

"Reinstate, Accommodate or Terminate", Presenter, Politics & Policies: Issues for Management in Employment and Environmental Law (1995)

Professional Affiliations

American Bar Association (Labor and Employment Law Section, Employee Rights and Responsibilities Committee, 1999-present)

Ohio State Bar Association (Council of Delegates, 2005-2007; District 12 Representative, Litigation Section Board of Governors, 2004-2007; Legal Ethics and Professional Conduct Committee, 1995-present)

Cleveland Metropolitan Bar Association (Labor and Employment Law Committee)

Eighth District Judicial Conference (Life Member)

Ulmer & Berne Employment Law Letter (Co-Editor, 2000-2005)

 

Community Involvement

Human Rights Campaign, Washington, D.C. (Member, Board of Directors, 2003 - present; Public Policy Committee, 2003-present; Board of Governors, 1998-2003; National Northern Region Co-Chair, October 2001-October 2003)

Cleveland Film Society, Cleveland, Ohio (Board of Directors, 1997-present; President, June 2001-June 2004; Co-Chair, Finance Committee June 2001-June 2002; Programs and Outreach Committee 1998-June 2001)

Great Lakes Theater Festival (Board of Trustees, July 2005-present; Audience Development Committee, July 2005-present)

Diversity Center of Northeast Ohio (Member, Board of Directors, 2007-present; Chair, Board Governance Committee, December 2007-present; Human Resources Committee, June 2007-present; Strategic Planning Committee, December 2007-present))

Ohioans for Growth and Equality (Founder and President, 2002-2004)

Admissions
State of Ohio
Commonwealth of Pennsylvania
U. S. Court of Appeals, Third Circuit
U. S. Court of Appeals, Sixth Circuit
U. S. Court of Appeals, Federal Circuit
U. S. District Court, Northern District of Ohio
U. S. District Court, Western District of Pennsylvania