Complex Business Litigation
Drawing from a pool of more than 90 highly skilled attorneys actively engaged in representing clients nationwide in litigation and arbitration matters, we partner with our clients to determine goals, evaluate risks and devise proactive and cost-effective solutions. We respect budgets and honor timelines. We are sensitive to the advantages of alternative dispute resolution (ADR) in appropriate situations, and we help our clients determine when it is advantageous to use mechanisms such as mediation, arbitration and other ADR techniques.
Our litigators practice regularly in state and federal courts throughout the United States. We also act as national and multi-district litigation (MDL) counsel in securities, mass tort and other class action matters.
We bring our clients a combination of well-developed trial skills based on regular court and ADR appearances in a wide range of matters, and substantive expertise in discrete areas of law. This combination of talents enables us to staff matters efficiently. In addition, our specialized practice groups and state-of-the-art technology enable us to remain current in all of the substantive areas in which we litigate.
Over the years, Ulmer & Berne’s litigators have achieved an enviable record of successful litigation outcomes for our clients. In 2018, 2017, and 2014, Ulmer & Berne’s Litigation Department was named “Ohio Firm of the Year” by Benchmark Litigation has been consistently ranked in Ohio in Chambers USA: America’s Leading Lawyers for Business. Additionally, many of our litigation attorneys are routinely recognized by our clients and peers as top litigators by Chambers USA, Best Lawyers in America®, Super Lawyers®, and similar groups. Our broad experience includes handling matters in substantive areas such as:
- Antitrust
- Banking
- Bankruptcy and Creditors’ Rights
- Business Torts Litigation
- Civil Appeals
- Class Actions
- Construction and Real Estate
- Contract Disputes
- Corporate Governance Disputes
- Defense of False Advertising and other Consumer Claims
- Employment and Labor Cases
- ERISA/Employee Benefits
- Franchise and Distributorship Litigation
- Intellectual Property Litigation (all types)
- Life Sciences
- Litigation arising out of M&A and Proxy Contests
- Mass Torts
- Pharmaceutical and Medical Device Litigation
- Product Liability
- Securities Fraud
- Trade Secrets and Noncompete Litigation (both as Plaintiff and Defendant)
Ulmer Partner Appointed to Allegheny College Alumni Council
Ulmer & Berne LLP is pleased to announce that Partner Timothy J. Downing has been appointed to serve on the Alumni Council of Allegheny College. The Alumni Council is the governing body of the college’s Alumni Association, and is dedicated to strengthening the bond between the college and its alumni,...
December 10, 2018
Ken Berg Quoted in Law360 on Lorenzo Case
With Justice Brett Kavanaugh recusing himself from the Lorenzo case, which involved forwarded misstatements before the U.S. Supreme Court, attorneys paid close attention to Monday’s oral arguments for any unexpected leanings by the other eight justices. Please click here to read what experts, including Ulmer Partner Kenneth F. Berg, paid...
December 03, 2018
Ulmer Attorney Appointed to Board of Directors of DANCECleveland
Ulmer & Berne LLP is proud to announce that Manju Gupta, Counsel to the firm, has been appointed to the Board of Directors of DANCECleveland, a nonprofit dedicated to bringing the passion and verve of modern and contemporary dance into the hearts and minds of the people of Northeast Ohio....
November 29, 2018
Ulmer Continues to Grow Its Cleveland and Chicago Offices With the Addition of Three Associates
Ulmer & Berne LLP is pleased to announce the addition of three associates to the firm. Kathryn (Katie) Bartolomucci and Brooke Tyus join Ulmer’s Cleveland office, while Hillary Maynard joins the firm’s Chicago office. “We’re thrilled to bring Katie, Brooke, and Hillary on as associates,” said Scott P. Kadish, Managing...
November 13, 2018
The Rule 8210 Karma Train Runs FINRA Over
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper If you’ve read this blog for even a short while, you know my feelings on Rule 8210, or, more specifically, how FINRA uses that rule, i.e., as a cudgel to keep member firms and their associated persons in line. Endless 8210 requests...
November 12, 2018
Ulmer Expands Its Columbus Office With Addition of Talented IP Litigation Partner
Ulmer & Berne LLP is proud to expand its Columbus office with the addition of Partner Rachael L. Rodman. Rodman is an accomplished litigator who concentrates her practice in the area of IP litigation, and has experience representing clients in a variety of cases involving patent, trademark, copyright, and trade secret...
November 06, 2018
Money Talks, And FINRA Is Listening
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper Last year I wrote about FINRA’s effort to encourage firms to self-report their problems, pausing to wonder at the suggestion attributed to Jessica Hopper, a Senior Vice President with Enforcement, that cooperating with FINRA by self-reporting “not only fulfills a firm’s regulatory responsibilities, but...
November 07, 2018
Ulmer Attorney Daniela Paez Named to Crain’s Forty Under 40 Class
Ulmer & Berne LLP is proud to announce that Associate Daniela Paez has been selected to the 2018 class of Forty Under 40 by Crain’s Cleveland Business. The individuals named in this elite group are considered the next generation of rising stars who have taken a leading role in the greater Cleveland...
October 25, 2018
All’s Fair When It Comes To Arbitrator Ranking
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper I just read an article about a research study conducted of FINRA arbitrations by three people associated with Harvard, Stanford, and the University of Texas, respectively, and their overarching conclusion is a doozy. Now, admittedly, I have not read the study itself...
October 30, 2018
Ulmer eDiscovery Attorney Becomes Relativity Certified Administrator
Ulmer is pleased to announce that eDiscovery Attorney J. Matthew Linehan has completed the requirements to become a Relativity Certified Administrator (RCA) on version 9.6 of the Relativity eDiscovery software. The RCA program ensures that case administrators fully understand Relativity’s capabilities, which allows them to maximize the software’s flexibility and provide an...
October 17, 2018
Christine Watchorn Named 2018 “Woman Worth Watching” by Profiles in Diversity Journal®
Ulmer Partner Christine E. Watchorn has been named to Profiles in Diversity Journal’s 2018 list of “Women Worth Watching,” an award reserved for women of purpose and drive who represent diversity within their spheres of influence. Profiles in Diversity Journal is a publication dedicated to recognizing ambitious people, initiatives, and programs that support...
October 15, 2018
Tips For Staying Off The SEC’s Naughty List In 2019
From Ulmer’s Broker-Dealer Law Corner Blog By Blaine F. Doyle I recently had to the opportunity to sit in on a talk from high ranking CFTC and SEC enforcement officials at a local bar association meeting. The purpose of the get together was, in part, to let industry folks and their lawyers...
October 01, 2018
Ulmer is pleased to announce that Partner Paul R. Harris has been appointed president of the Saint Ignatius High School Alumni Executive Council for 2018-2019. Harris’ commitment to his alma mater and other organizations in Cleveland is reflective of Ulmer’s broad dedication to improving the communities in which we live....
September 26, 2018
Ulmer Partner Marvin L. Karp to Receive 2018 Ritter Award from the Ohio State Bar Foundation
Prestigious award honors Karp’s lifetime of service in the practice of law Ulmer & Berne LLP is proud to announce that Retired Partner Marvin L. Karp has been selected as the winner of the coveted Ritter Award for 2018 by the Ohio State Bar Foundation (OSBF). The award is the highest honor...
September 25, 2018
FINRA Plays Guessing Game With Expungement Waiver Request
From Ulmer’s Broker-Dealer Law Corner Blog By Christopher D. Seps When a registered rep contacts us about seeking expungement of customer complaints from his or her CRD record, we always respond that expungement is not a sure thing. It turns out that is more true than ever before because of the...
September 24, 2018
Ulmer Attracts Two Accomplished Lateral Attorneys, Continuing the Firm’s Active Growth
Additions to Business Litigation and Health Care Practice Groups Ulmer & Berne LLP is pleased to announce the addition of two talented and experienced attorneys to the firm. Counsel Shawn J. Gebhardt joins the Business Litigation Practice Group and Associate Ellesha M. LeCluyse joins the Health Care Practice Group. These additions continue Ulmer’s commitment...
September 07, 2018
Ulmer Partners Named to Benchmark Litigation’s 40 & Under Hot List 2018
Paul Harris and Joshua Klarfeld Recognized Among Nation’s Best Up-And-Coming Litigators Ulmer & Berne LLP proudly announces that two of its partners, Paul R. Harris and Joshua A. Klarfeld, have been named to Benchmark Litigation’s “40 & Under Hot List 2018.” This marks the second year in a row that...
August 07, 2018
Bill Edwards Elected Vice-Chair of Wittenberg University Board of Directors
Ulmer Partner Assumes Leadership Role at Top-Ranked Ohio Liberal Arts College Ulmer is proud to announce that William D. (“Bill”) Edwards, Chair of Ulmer’s Employment & Labor Practice Group, has been elected Vice-Chair of the Wittenberg University Board of Directors. After serving on the Board of this premier Ohio private institution...
July 13, 2018
Trevor Hardy Joins Board of Little Italy Redevelopment Corporation
Ulmer Associate Elected to Help Lead Prominent Cleveland Community Development Group Ulmer & Berne LLP is pleased to announce that Associate Trevor J. Hardy was recently elected to the Board of Directors of the Little Italy Redevelopment Corporation. Little Italy Redevelopment Corporation (LIRC) is a non-profit community development organization made up...
July 11, 2018
William Yu Appointed to Serve as Associate Judge of Cook County Circuit Court
County’s Elected Judges Choose Ulmer Litigator to Fill Courtroom Vacancy William (Bill) Yu, Counsel to Ulmer & Berne LLP (Ulmer), has been appointed as an Associate Judge in Cook County, Illinois, the second largest court system in the U.S. Bill, along with 11 other attorneys and five current Associate Judges,...
June 21, 2018
Georgia Hatzis Named to Greek America Foundation’s “Forty Under 40” List
Ulmer & Berne LLP congratulates Associate Georgia Hatzis, who was recently named as a Greek America Foundation “Forty Under 40” honoree. The distinction is bestowed biannually to accomplished North Americans of Greek descent, age 40 and under, who have both excelled in their professional endeavors and demonstrated care and concern for...
June 08, 2018
Ulmer Continues to Grow Financial Services Litigation Practice with New Associate Hire
Ulmer & Berne LLP is pleased to announce that Shipra K. Rege has joined the firm’s Cleveland office, reinforcing Ulmer’s highly ranked Financial Services & Securities Litigation Practice Group. Shipra represents broker-dealers, financial advisors, and individuals in a variety of securities industry-related actions, including investigations brought by FINRA and the SEC. She...
June 07, 2018
Ulmer Grows in Cleveland and Cincinnati with Additions to Business Litigation and IP Practices
Ulmer is pleased to announce that two new associates have joined the firm’s Cleveland and Cincinnati offices. Gregory C. Djordjevic joins the firm’s Business Litigation Practice Group in Cleveland, and Elizabeth A. Conklin joins the Intellectual Property & Technology Practice Group in Cincinnati. Most recently an associate with Jones Day in...
April 26, 2018
A Sordid Story From the Trenches of FINRA Arbitration
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper I have used this forum before on occasion to complain about the vagaries of the FINRA arbitration process, and, in particular, the perspective of a respondent’s counsel that the game often seems to be rigged in favor of claimants. Let me give...
February 02, 2018
Ulmer Adds Amanda Martinsek to Complex Business Litigation Group
Ulmer & Berne LLP announced today that Amanda Martinsek joins the firm as a partner in its Cleveland office. An accomplished business litigator with over 25 years of experience managing complex commercial disputes, Martinsek comes to Ulmer from Ice Miller LLP. “We are excited to welcome Amanda to Ulmer, where her expansive...
January 04, 2018
Ken Berg Quoted in Investment News and Pensions & Investments for his Expert Opinion on SEC Issues
Ulmer Partner, Ken Berg, is in the news. Ken is quoted in the Investment News article, “Supreme Court review of SEC judges could roil pending cases.” The article describes how a Supreme Court case on the Securities and Exchange Commission’s use of internal judges could put more than 100 pending...
January 22, 2018
Benchmark Litigation Recognizes Three Ulmer Attorneys Among Elite in Latest Rankings
Ulmer & Berne LLP partner Frances Floriano Goins was named to the Benchmark Top 250 Women in Litigation. Ulmer partners Paul R. Harris and Joshua A. Klarfeld were included in Benchmark’s Under 40 Hot List 2017. Individual recognition for Goins, Harris, and Klarfeld comes on the heels of Ulmer’s department-wide...
August 03, 2017
Robin Miller Named a 2017 “Woman Worth Watching” by Profiles in Diversity Journal
Ulmer & Berne announces that partner Robin D. Miller has received the 16th annual Women Worth Watching award from Profiles in Diversity Journal. The honor extends to a select group of trailblazers who have distinguished themselves from their peers based on excellence in their fields and the positive influence they have both...
June 20, 2017
John Alten Elected President of Community Resource Services Board
John Alten, partner in Ulmer’s Complex Business Litigation Group, has been elected President of the Board of Directors of Community Resource Services, a non-profit that provides emergency needs assistance, a food pantry, and individualized resource and referral services to low-income residents in Lorain County. John previously served as Vice President...
May 24, 2017
Dolores Garcia Prignitz Joins Ulmer’s Business Litigation Team
Ulmer & Berne LLP announces that Dolores (Lola) Garcia Prignitz has joined the firm’s Cleveland office as an associate. Before joining Ulmer, Garcia Prignitz served as an Assistant United States Attorney, and was an associate at Jones Day. “We are excited to add Lola to the business litigation team,” said...
May 16, 2017
Ulmer Prevails on Behalf of Client in Precedent-Setting Ohio Supreme Court Case Wilson v. Lawrence
Representing William Lawrence, the executor of the Estate of Joseph T. Gorman, Ulmer attorneys Daniela Paez and James A. Goldsmith prevailed before the Ohio Supreme Court in Wilson v. Lawrence, a case that clarifies the strict requirements for the presentation of claims against a decedent’s estate. The ruling is important for creditors, executors and administrators of...
May 08, 2017
Manju Gupta Joins Ulmer’s Growing Business Litigation Team
Ulmer & Berne LLP is pleased to announce the addition of Manju Gupta to the firm’s Cleveland office. Gupta joins Ulmer as counsel from McDonald Hopkins. “Manju has substantial experience helping clients resolve a variety of federal contracting issues,” said Jeffrey Dunlap, Co-Chair of Ulmer’s Business Litigation Practice Group. “Manju’s...
March 13, 2017
Ulmer’s Robin D. Miller Recognized as a Client Service All-Star
Cincinnati-based partner Robin D. Miller has been named by corporate counsel to the BTI Client Service All-Stars 2017 published by BTI Consulting Group. The honor extends to a select group of elite attorneys who are identified as providing the absolute best in client service. According to BTI, Client Service All-Stars...
February 07, 2017
M&A Litigation Lifts Securities Suits To 20-Year High By Chelsea Naso for Law360, published February 1, 2017 The number of federal securities class actions in 2016 rose to its highest level in two decades. A recently published Law360 article examines some of the factors contributing to the new high-water mark, including a steep...
February 02, 2017
Ulmer Promotes Five to Partner, One to Counsel
Press Release Ulmer & Berne LLP is pleased to announce the promotions of five of its attorneys to partner. They include Daniel Gottesman, Richard Hamilton, Jr., Jesse Lipcius, Brad Sobolewski, and Ulmer’s General Counsel, Kenneth Zirm. In addition, Ulmer also elevated associate Evelyn Holmer to counsel. Lipcius is based in...
January 05, 2017
Ulmer Bolsters Business Litigation Practice in Chicago by Adding Ronald Betman
Ulmer & Berne LLP is pleased to announce that Ronald Betman has joined the firm as Chicago-based counsel in its Business Litigation Practice. A veteran trial lawyer with 30 years of experience in business and financial services litigation, Mr. Betman joins Ulmer from Neal Gerber & Eisenberg LLP, where he...
November 28, 2016
Ulmer is ranked in 39 categories in the 2017 U.S. News – Best Lawyers “Best Law Firms” rankings. Among these, the firm earns U.S. News – Best Lawyers highest rankings in 21 categories. The firm also ranks nationally in 15 categories. Firms included in the 2017 “Best Law Firms” are...
November 01, 2016
Ulmer Bolsters eDiscovery Capabilities With New Hire
Ulmer is pleased to announce the addition of J. Matthew Linehan who joins the firm as an eDiscovery Attorney. Mr. Linehan will primarily support Ulmer’s complex business litigation practice. Mr. Linehan has a strong background in business litigation with a particular focus on providing clients with intelligent and practical solutions to eDiscovery issues. His...
September 21, 2016
Ulmer Ranked Among The Top Litigation Firms In Recent BTI Consulting Group Research
BTI Consulting Group has ranked Ulmer & Berne LLP in the BTI Litigation Outlook 2017 among the top 15 percent of firms serving large corporate clients in the areas of commercial litigation, employment litigation, and IP litigation. The Litigation Outlook is based on direct feedback from leading legal decision makers....
September 20, 2016
Ulmer Adds Seasoned Business Litigator With The Hiring Of Partner Andrew W. Owen
Ulmer & Berne LLP added to its strong growth over the last several months by welcoming partner Andrew W. Owen. Mr. Owen brings 24 years of experience as a business litigator to Ulmer’s Columbus office. Mr. Owen represents a wide range of clients in all aspects of complex business disputes,...
September 20, 2016
Ulmer & Berne Welcomes Three New Attorneys
Ulmer & Berne is pleased to announce the addition of three new attorneys in its Cleveland and Chicago offices. Trevor J. Hardy and Adam R. Watowicz join the firm as Cleveland-based associates in the Litigation and Employee Benefits practices respectively, while Denise Fesdjian joins as a Chicago-based Financial Services associate. Trevor...
August 04, 2016
Big Changes Coming to Trade Secrets Law with the Defend Trade Secrets Act of 2016
On April 27, 2016, the U.S. House of Representatives passed, almost unanimously – 410 to 2 – the “Defend Trade Secrets Act of 2016” (“DTSA”). The DTSA was previously approved by the U.S. Senate, and now heads to President Obama’s desk for signature. The President has praised DTSA and is expected...
May 02, 2016
From Ulmer’s Broker-Dealer Law Corner Blog By Blaine F. Doyle In Homer’s epic poem the Odyssey, Odysseus and the crew of his ship are faced with the impossible choice of either sailing closer to Charybdis, a whirlpool capable of sinking their entire ship, or, alternatively, to Scylla, a sea monster just as...
February 05, 2016
Ulmer & Berne Attorney Frederick Widen Named Client Service All-Star by BTI Consulting Group
Frederick N. Widen, a Cleveland-based partner at Ulmer & Berne LLP, has been nationally recognized as a Client Service All-Star by BTI Consulting Group. The honor extends to a select group of elite attorneys who provide the absolute best in client service, going above and beyond the call of duty...
February 12, 2015
Ulmer & Berne’s Frances Floriano Goins Receives Distinguished Honors
Ulmer & Berne announces that partner Frances Floriano Goins was selected for inclusion in the 2015 Top 250 Women in Litigation, distributed by Benchmark Litigation, and also has been named a Fellow in The Trial Lawyer Honorary Society of The Litigation Counsel of America. Benchmark’s Top 250 Women in Litigation...
August 17, 2015
Four Ulmer & Berne Partners Recognized as 2016 Lawyers of the Year by Best Lawyers in America
Four Ulmer & Berne partners – Jeffrey F. Peck, Eric M. Robbins, Michael J. Suffern, and Michael N. Ungar – have been recognized by their peers as a 2016 “Lawyer of the Year” by Best Lawyers in America®. Best Lawyers designates only one lawyer per practice area as Lawyer of...
August 17, 2015
New Leadership Energizes Ulmer & Berne’s Nationally Recognized Business Litigation Department
[View Video] Tapping its pipeline of trial-tested litigators, Ulmer & Berne is announcing that three accomplished partners will lead the firm’s respected Business Litigation Practice Group. Cleveland-based partners Jeffrey S. Dunlap and Paul R. Harris will serve as Co-Chairs alongside Cincinnati-based partner Robin D. Miller, who will act as Vice...
August 13, 2015
Litigator Nicholas Wille Joins Ulmer & Berne
Ulmer & Berne LLP welcomes Nicholas B. Wille as an associate in the firm’s Cleveland office. An experienced litigator, Mr. Wille joins the firm from Jones Day, adding more depth and strength to Ulmer & Berne’s nationally recognized litigation practice. Mr. Wille’s practice focuses on complex commercial litigation. He has...
February 04, 2015
Michael Ungar Featured in Cleveland Jewish News
“Michael Nathan Ungar | Ulmer & Berne LLP” Cleveland Jewish News January 15, 2015 Perennial Super Lawyer Michael Nathan Ungar considers settlement of a dispute embroiling Case Western University among his most memorable cases of 2014. Read the full article »
January 15, 2015
BTI Consulting Group Ranks Ulmer & Berne a “Litigation Powerhouse”
Ulmer & Berne LLP has been ranked within the top 10 percent of all law firms by The BTI Consulting Group, one of the nation’s leading legal industry research firms, in their recently published 2015 BTI Litigation Outlook report. The firm was selected as a “Litigation Powerhouse” and is named...
October 23, 2014
Ulmer & Berne LLP is pleased to announce that partner Paul R. Harris has been appointed to the Board of Trustees for Lutheran Hospital, a Cleveland Clinic Hospital. Lutheran Hospital is a Cleveland Clinic Hospital located in Ohio City near downtown Cleveland. It is a 204-bed acute-care facility offering sophisticated...
April 07, 2014
Representative Experience
- Settled consolidated federal securities fraud action filed against a publicly traded company which allegedly reported false financial results in Securities and Exchange Commission filings. Also settled tag-along shareholder derivative lawsuits filed against the company’s officers and directors.
- Successfully defended large breach of contract claim brought by outside consultant against a multinational corporation headquartered in Ohio.
- Represented one of the nation’s largest utilities in a series of class actions and shareholder derivative actions alleging violations of federal securities laws and breaches of fiduciary duty, respectively.
- Defeated class certification attempt in putative nationwide class action brought by prominent class action plaintiff’s firm against a large publicly traded company.
- Obtained dismissal of putative nationwide class action seeking nearly $1 billion in damages after prevailing on a critical procedural motion.
- Represented a large national bank in federal court litigation seeking in excess of $300 million.
- Successfully represented a client in a significant business litigation whereby an internationally known athlete sought nearly $100 million damages.
- Obtained a dismissal with no payment of money for a large national real estate developer in a major breach of contract action seeking tens of millions of dollars.
- Successfully litigated cases in federal and state court on behalf of large corporations involving business torts, contract disputes, product liability, trade secret and non-competes.