Education

• Boston University

  (B.A., 1978)

• Case Western Reserve University School of Law

  (J.D., 1981)

Admissions

• U.S. Supreme Court State of Ohio
• Commonwealth of Pennsylvania
• U.S. Court of Appeals, Sixth Circuit
• U.S. District Court, Northern District of Ohio
• U.S. District Court, Southern District of Ohio
• U.S. District Court, Colorado
• U.S. District Court, Southern District of Illinois

REPRESENTATIVE EXPERIENCE

• Represented manufacturing client in the investigation of and response to a multi-million dollar banking loss caused by a successful phishing scam, including supervision of security consultants and coordination with the FBI and U.S. Attorneys involved in the investigation.
• Counsels and represents businesses and individuals in commercial disputes and complex business litigation. Clients include manufacturers, distributors, retailers and individual business owners. Handles suits involving trade secrets, non-compete agreements, and UCC claims. Experienced in the defense of class action and consumer suits, including warranty claims and consumer protection actions.
• Represents manufacturers and distributors in product liability cases involving industrial, commercial and consumer products. Extensive experience in fire investigation and fire litigation, including Daubert issues and the defense of spoliation of evidence claims.
• Represents manufacturers and sellers in negotiation of long term supply contracts, non-disclosure and other agreements.
• Defends professionals in contract and liability claims. Clients include forensic engineers, insurance and real estate professionals, accountants, third party administrators, and investigators.
• Has represented builders and contractors in real estate contract disputes and negotiation, and claims and suits involving defective work, mechanics liens, mold and consumer law claims.
• Represents shippers and carriers in transportation loss claims.
• Lead counsel in complex litigation involving commercial and business disputes, large property damage, significant bodily injury and wrongful death.

REPORTED CASES

• Gibson v. United States of America, 93 F. Supp.3d 827 (S.D. Ohio 2015)
• Meritage Homes Corp. v. JPMorgan Chase Bank, 474 B.R. 526 (Bank. S.D. Ohio 2012)
• Hillyer v. State Farm Fire & Cas. Co., 97 Ohio St.3d 411 (2002)
• The Limited, Inc. v. PDQ Transit, Inc., 160 F. Supp.2d 842 (S.D. Ohio 2001)
• Ezawa v. Yasuda Fire & Marine Ins. Co. of America, 86 Ohio St.3d 557 (1999)
• Reinoehl v. Trinity Universal Co., 130 Ohio App.3d 186 (10th Dist. 1998)
• Kovesdy v. Utica Fire Ins. Co., 119 Ohio App.3d 547 (8th Dist. 1997)
• Travelers Ins. Co. v. Dayton Power & Light Co., 76 Ohio Misc. 2d 17 (1996)
• Lowary v. Lexington Local Board of Education, 903 F. 2d 422  (6th Cir. 1990)
• Lowary v. Lexington Local Board of Education, 854 F. 2d 131 (6th Cir. 1988)
• Lowary v. Lexington Local Board of Education, 704 F. Supp. 1430 (N. D. Ohio 1987)
• Bacon v. Patera, 772 F. 2d 259 (6th Cir. 1985)
• Ziss v. Cuyahoga Community College District, 13 Ohio App.3d 167 (8th Dist. 1983)

Publications

• “Will Your Fire Investigator’s Qualifications Stand Up In Court?” originally published in Claims Magazine, republished in Property Casualty 360 eNewsletter (April 2016)
• “Ohio Rental Car and Truck Law – 2007 Update,” (June 2007) [Update of article authored in 1999, published in the Association of Civil Trial Attorneys Quarterly Newsletter]
•  “Keeping Old Insurance Policies Under Lock And Key Might Pay Off Later,“ Business First  – Commercial
• Developers Resource, 2007 Power Breakfast Supplement (February 2007)
• “Let the Buyer Beware! Is Caveat Emptor Alive and Well?” with Matthew C. Krejci, In Contract, published by the Columbus Board of Realtors (February 2006)
• “Arbitration 101,” Builder/Architect Magazine (January 2006)
• “Ohio’s Statute of Repose,” Builder/Architect Magazine (July 2005)
• “How to Choose a Business Litigator for Your Business,” Columbus CEO Magazine (August 2004)

Presentations

• “Arson/Fraud Investigation and Examinations Under Oath” and “Trying the Fire Case,”  National Business Institute (May 2018)
• “Spoliation of Evidence,” SEA, Ltd. Employee Orientation Event (October, 2016)
• “Cyber Security Risk and Coverage,” Factory Mutual Partner Appreciation Event, Panel Discussion (August 2016)
• “Insurance Legislation Update,” Central Ohio Association of Corporate Counsel (August 2016)
• “Legal Issues in the Sharing Economy,” Thomas J. Moyer Inns of Court, Panel Discussion (March 2016)
• “Spoliation of Evidence,” In-house Client Presentation (September 2015)
• “Kaboom – Fire Investigation and Litigation,” Columbus Bar Association CLE (August 2015)
• “Daubert – Experts on Fire,” OACTA Product Liability Seminar (June 2010)
• “Avoiding Spoliation of Evidence,” National Association of Subrogation Professionals (September 2009)
• “Legal Risk Management for Diabetes Health Professionals,” 44th Annual Diabetes Symposium held in Columbus, sponsored by the Central Ohio Diabetes Association (October 2007)

PROFESSIONAL AFFILIATIONS

• American Bar Association
• Ohio State Bar Association
• Columbus Bar Association
• Ohio Association of Civil Trial Attorneys (Board of Trustees)
• Defense Research Institute

COMMUNITY INVOLVEMENT

• Central Ohio Diabetes Association (Member – Board of Directors, 1993-2017; Past President, Board of Trustees)
• Scioto Township Zoning Commission (Zoning Commissioner, 2004-2021)

FIRM INVOLVEMENT

• Finance Committee
• Security Advisory Board

HONORS

• AV Preeminent Peer Review Rated – Martindale-Hubbell
• Named to the Ohio Super Lawyers list (2009-2013; 2015-2021)
• Named to The Best Lawyers in America, Commercial Litigation; Insurance Law; Product Liability Litigation – Defendants (2021; 2022)
• Named a “Top Lawyer” in Central Ohio by C.E.O. Magazine (2010-2012)

CERTIFICATIONS

• Certified Fire and Explosion Investigator (CFEI)

• Ulmer Attorneys Recognized in The Best Lawyers in America© 2022 Report
• Ohio Super Lawyers Honors Ulmer Attorneys in 2020 Lists
• Ulmer Congratulates 60 of Its Attorneys Named to the 2019 Ohio Super Lawyers List
• Admissibility of Fire Expert Opinions
• Ulmer Congratulates 59 Attorneys Named to the 2018 Ohio Super Lawyers List
• Admissibility of Fire Origin and Cause Opinions
• Ulmer Congratulates 55 Attorneys Named to 2017 Ohio Super Lawyers List
• Ulmer & Berne Congratulates 57 Attorneys Named to 2016 Ohio Super Lawyers List
• Ulmer & Berne Congratulates 62 Attorneys Named to 2015 Ohio Super Lawyers’ List
• Ulmer & Berne Relocates Its Downtown Columbus Office to Capitol Square