At a Glance
Tim is a nationally-recognized problem solver and leader who, for more than 20 years, has helped companies resolve conflicts with their customers and competitors in the board room, in court, in the halls of Congress and at the Ohio State House. He also has helped them 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. He has been named a “Leading Lawyer” by Inside Business magazine for the past eleven years and an “Ohio Super Lawyer” (2004, 2005, 2011 and 2012).
Education
Allegheny College (B.A., with honors, 1985)

Case Western Reserve University (J.D., 1988)
Practices/Industries
Areas of Concentration
  • Business Litigation
  • Employment and Labor Law
  • Wrongful Discharge Claims
  • Trade Secrets
Representative Experience
  • Successfully defended one of the nation's largest commercial roofing contractors in a multi-million dollar claim alleging breach of contract, breach of fiduciary duty and alter-ego liability.
  • Successfully defended a Fortune 1000 corporation in a multi-million dollar breach of contract/breach of fiduciary duty claim.
  • Successfully defended an international banking institution in seven separate cases charging race and gender discrimination.
  • Successfully defended a large church and its chief minister sued for breach of contract and fraud.
  • 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 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.
  • Designs innovative methods of dispute resolution.
  • 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; 2011; 2012)

Selected as a "Leading Lawyer" in Northeast Ohio in a survey of lawyers by Inside Business magazine (December 2001-2011)
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 
“The Business Necessity of Diversity and Inclusion,” Cleveland Metropolitan Bar Association 11th Annual Labor and Employment Conference (June 2011)

“The Proposed Federal Employment Non-Discrimination Act: What it Says, What it Does and Who It Protects,” Ohio State Bar Association (May 2009)

Midwest Regional Diversity Summit, American Bar Association (April 2009)

“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)

"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 (Advisory Council on Diversity Initiatives 2010-2011; Council of Delegates 2005-2007; District 12 Representative, Litigation Section Board of Governors, 2004-2007; Legal Ethics and Professional Conduct Committee, 1995-2009)

Cleveland Metropolitan Bar Association (Judicial Qualifications Committee; Labor and Employment Law Committee; Diversity Action Committee)

Cleveland Metropolitan Bar Foundation (Fellow 2011-present)

Eighth District Judicial Conference (Life Member)

Community Involvement
Human Rights Campaign, Washington, D.C. (Co-Chair, Board of Directors October 2010-present; Member, Board of Directors, 2003-present; Public Policy Committee, 2003-present; Finance Committee, 2010-present; Board of Governors, 1998-2003; National Northern Region Co-Chair, October 2001-October 2003)

Ohio Commission on Local Government Reform and Collaboration (Member 2008-2010)

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

Great Lakes Theater Festival (Board of Trustees, July 2005-present; Executive Committee, 2010-present;  Chair, Audience Development Committee, July 2010-present)

Diversity Center of Northeast Ohio (Member, Board of Directors, 2007-2011; Chair, Board Governance Committee, December 2007-2011; Human Resources Committee, June 2007-2011; Strategic Planning
Committee, December 2007-2011)

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