Complex Business Litigation
Drawing from a pool of more than 100 highly skilled attorneys actively engaged in representing clients nationwide in litigation and arbitration matters, Ulmer & Berne partners with our clients to determine goals, evaluate risks, and devise proactive and cost-effective solutions designed to vigorously protect their legal rights. Our team comprises first-chair, courtroom-tested, trial attorneys with deep experience in the defense and prosecution of our clients’ most critical business disputes.
What sets us apart is our adeptness at understanding your business and making it our business, and our refusal to litigate for litigation’s sake. Our litigators have multijurisdictional capabilities and routinely represent clients in federal and state courts across the country, both at the trial and appellate levels. We bring our clients a combination of well-developed trial skills based on regular court and alternative dispute resolution (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 allow us to remain current in all of the areas in which we litigate.
We respect budgets and honor timelines. We know our clients’ businesses and, at the outset, we assess and identify their business objectives. We then develop their options and budget, decide on a customized and efficient course of action to achieve stated objectives, and then manage the engagement. We are sensitive to the advantages of 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. Whether you are a large, medium, or small-sized company, public or private, we are committed to the highest level of individualized and responsive client service and provide exceptional legal solutions.
Over the years, Ulmer’s litigators have achieved an enviable record of successful litigation outcomes for our clients. Ulmer’s Litigation Department has earned the distinct multiyear honor of being named “Ohio Firm of the Year” by Benchmark Litigation, and 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, The Best Lawyers in America©, Super Lawyers, and similar groups. Our broad experience includes handling matters in substantive areas such as:
- Banking
- Bankruptcy and Creditors’ Rights
- Business Torts Litigation
- Fraud and Fraudulent Inducement
- Unfair Trade Practices
- Civil Appeals
- Class Actions
- Construction
- Contract Disputes
- Breach of Contract
- Tortious Interference with Contract and Prospective Economic Advantage
- Corporate Governance Disputes
- Minority Shareholder Oppression
- False Advertising and Other Consumer Claims
- Employment and Labor Cases
- Employment Discrimination
- Workplace Retaliation
- 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
- Professional Liability
- Real Estate
- Securities Fraud
- Trade Secrets and Noncompete Litigation (both as Plaintiff and Defendant)
Lessons From the First Dismissal of a COVID-19 Related Securities Class Action Lawsuit
February 8, 2021 – Despite a general decline in filings of securities class action litigation in 2020, the economic fallout from the coronavirus pandemic has led to an uptick of securities fraud cases alleging failure to disclose risks of the pandemic to the investing public. Since spring of 2020, plaintiffs’...
February 08, 2021
Ulmer Partner Frances Floriano Goins Published in Law360 on Election Litigation
In a recent Law360 article, Ulmer Partner Frances Floriano Goins discusses the lawsuits that the Trump campaign and the Republican Party have filed in swing states to challenge majority vote counts and the myth that the U.S. Supreme Court is the final arbiter of disputed presidential election results. To read...
November 12, 2020
Benchmark Litigation Gives Ulmer High Marks in Newest Reports
October 22, 2020 – Ulmer & Berne LLP and 11 of its partners received honors in the 2021 edition of Benchmark Litigation. Consistently recognized by clients and peers as a firm well suited to handle complex, high-stakes litigation, Ulmer has earned Benchmark’s highest possible ranking – “highly recommended” in Ohio...
October 22, 2020
Ulmer Adds Associate to Award-Winning Business Litigation Team
July 20, 2020 – Ulmer & Berne LLP is pleased to announce the addition of Associate Adam R. Bennett to the firm’s Columbus office. He will join the firm’s award-winning Business Litigation Practice Group. Bennett’s practice will focus on the resolution of complex business disputes. He has experience with all...
July 20, 2020
If Covid-19 Wasn’t Bad Enough, Just Wait For The Arbitrations
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper Forced to sit at home under government-ordered decree, and having finished binge-watching Season 3 of Ozark and Season 4 of Money Heist on Netflix, what’s left to do except prey upon scared investors – particularly seniors – who have been watching the...
April 08, 2020
What Happens When Potential Arbitrators Don’t Answer The Phone
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper I think that most lawyers who handle arbitrations, no matter what side of the table they occupy, would agree that one of the most important components of the case – perhaps the most important – is the selection of the arbitrators who comprise the...
March 31, 2020
Manju Gupta Published in Contract Management Magazine
Incorrect Wage Classifications: Potential Personal Liability for Contractors? How a federal agency’s error in identifying the correct wage rates in its solicitation nearly put one of its contractors out of business. by Manju Gupta Recently, a situation arose in which a government agency had solicited a contract using the incorrect...
March 12, 2020
Richard Hamilton Quoted in The Hollywood Reporter on Antitrust Issues in the Entertainment Industry
With the rise of streaming services, mergers in the entertainment industry seem likely. In a recent article for The Hollywood Reporter, Ulmer Partner Richard Hamilton, Jr. is quoted discussing this possibility and how the industry has evolved in the last several years. To read the full article, click here. In...
February 20, 2020
Ulmer Continues to Expand Columbus Office With Addition of Experienced Business Attorney
January 24, 2020 – Ulmer & Berne LLP is proud to announce the addition of Counsel Jeffrey J. Patter to the firm’s Columbus office. Patter, an experienced attorney representing businesses of all sizes with their corporate legal needs, joins Ulmer’s Business Law Practice Group. “Jeff is a talented attorney with wide-ranging experience that will...
January 24, 2020
Trevor J. Hardy Joins Board of Cleveland Rape Crisis Center
January 14, 2020 – Ulmer & Berne LLP is pleased to share that Associate Trevor J. Hardy has joined the Board of Directors of the Cleveland Rape Crisis Center (CRCC). In this role, Hardy will assist the organization in its mission of supporting victims of rape and sexual abuse, and will use his background...
January 14, 2020
Ronald S. Betman Published by ABA on SEC Enforcement Actions
Ulmer Partner Ronald S. Betman was published in the most recent edition of the American Bar Association’s Securities Litigation Newsletter (Winter 2020). Betman’s article, “SEC Enforcement Actions Brought in Support of Foreign Securities Authorities,” covers the background on SEC cooperative arrangements with foreign securities authorities as well as the SEC’s...
January 09, 2020
Rachael L. Rodman Published in Bloomberg Law on Reasonable Measures Under the DTSA
Ulmer Partner Rachael L. Rodman recently provided her professional perspective to Bloomberg Law in her article, “Reasonable Measures Under the DTSA.” In the article, Rodman examines the Defend Trade Secrets Act and the factors courts consider in evaluating sufficient reasonable measures to protect the secrecy of information, and also provides...
January 03, 2020
Reg BI Continues to Tantalize and Confuse Both the Industry and the Regulators
From Ulmer’s Broker-Dealer Law Corner Blog By Christopher D. Seps Between the usual holiday season madness and a recent trial, I have been a little tied up lately. Happily, Chris Seps has stepped up with this excellent piece on Reg BI. – Alan My young boys will sometimes chase me...
December 20, 2019
Booker T. Coleman, Jr. Promoted to Counsel
Ulmer & Berne LLP is pleased to announce the promotion of Booker T. Coleman, Jr. to Counsel, effective January 1, 2020. Coleman is a business litigator based in the firm’s Chicago office. “Since joining Ulmer, Booker has demonstrated his dedication to our clients and his skill in helping them with their critical...
December 19, 2019
Ulmer & Berne LLP is pleased to share that Associate Trevor J. Hardy has taken on leadership roles with the National Multiple Sclerosis Society and the Northern Ohio Chapter of Canine Companions for Independence. Hardy was recently appointed as Congressional District Leader for the National Multiple Sclerosis Society (NMSS), which is one...
December 10, 2019
Ulmer Continues to Grow Columbus Office with Addition of Ethics Counsel
Ulmer & Berne LLP is proud to announce the addition of Counsel Alvin E. Mathews, Jr., to its Columbus office. Recognized as a lawyer’s lawyer, Mathews represents major law firms, in-house counsel, and solo practitioners on a variety of ethics and professional liability matters. “We are excited to welcome Alvin to...
November 22, 2019
Ulmer Announces Election of Three New Partners
Ulmer & Berne LLP is pleased to announce the election of three partners to the firm, effective January 1, 2020. This class of new partners includes attorneys with backgrounds in diverse legal disciplines and who reflect Ulmer’s commitment to providing sophisticated advice and counsel. “We are happy to welcome Kristin,...
November 20, 2019
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper As I have mentioned before, several times, PIABA is deathly concerned with the fact that sometimes customers who prevail in arbitrations are unable to collect their awards, which typically happens when the respondent firm and/or the RR leaves the industry (thus eliminating...
November 12, 2019
FINRA’s Latest Statistical Snapshot Shows Continued Decimation Of Small BDs
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper Last year, for the first time, FINRA produced a statistical report designed to provide some perspective on the firms that comprise its membership. I blogged about it, and concluded at the time that the report basically demonstrated the following: FINRA is still mostly...
October 07, 2019
It Is Not Possible To Predict When FINRA Will Charge Something As Willful. Or Is It?
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper I have written a few times about FINRA’s ceaseless interest in bringing cases against registered reps who fail to update their Form U-4 in a timely manner to disclose the fact that a tax lien has been filed against them. Or several...
September 24, 2019
The Protein of the Future is Almost Here. But What Are We Allowed to Call It?
Meat remains a staple of the American diet. But, despite the joys of a crispy piece of bacon, traditional meat production methods have several drawbacks. Raising cattle or poultry is resource-intensive. It creates a lot of, shall we say, unpleasant waste. Consumers are increasingly concerned about the treatment and welfare...
September 09, 2019
Two (More) Scary Tales Of FINRA’s Abuse Of Rule 8210
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper Once again – twice again, actually – FINRA has used Rule 8210 as a cudgel, beating the poor unfortunate recipients of the “request” for documents and information into submission, or worse. This has got to stop. The first case is a repeat...
September 04, 2019
Timothy J. Downing Named to The National Law Journal’s Inaugural Equality Trailblazers List
Ulmer & Berne LLP is pleased to announce that Chief Diversity Officer Timothy J. Downing has been recognized by The National Law Journal (NLJ) in its inaugural Equality Trailblazers list. This new list highlights the accomplishments of those who have made significant strides in the fight for gender and LGBTQ equality. “I...
September 03, 2019
All-Public Arbitration Panels Are Paying Out Money At An Unprecedented Rate
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper I read an article this week in Investment News with the following headline: “Brokerage Customers Winning More FINRA Arbitration Cases.” As a guy who defends customer cases, I was naturally intriguied by this. According to the article, “brokerage customers who do file...
August 19, 2019
Frances Floriano Goins Elected to Beck Center for the Arts Board of Directors
Ulmer & Berne LLP is pleased to announce that Partner Frances Floriano Goins has been elected to the Board of Directors of Beck Center for the Arts, a nonprofit performing arts and arts education organization dedicated to inspiring and enriching the quality of life for Northeast Ohioans. Beck Center for the Arts...
July 31, 2019
Why Is FINRA So Interested In Your Non-Securities Business?
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper Rightly or wrongly, I don’t know much about cryptocurrencies or digital coins. But that’s ok. What is worrisome, on the other hand, is that I am increasingly concerned that FINRA doesn’t either. And while my own ignorance will have exactly zero impact...
July 25, 2019
Amanda Martinsek Named to 2019 List of “Women Worth Watching” by Profiles in Diversity Journal
Ulmer & Berne LLP is pleased to share that Partner Amanda Martinsek has been named to Profiles in Diversity Journal’s 2019 list of “Women Worth Watching,” an award that energizes, inspires, and recognizes women who have demonstrated high levels of leadership. “Amanda is incredibly deserving of recognition for her dedication to...
June 26, 2019
A Glaring Example of FINRA Dragging Its Feet
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper FINRA loves to tout its supposed intent to bring meaningful cases, cases that matter to the investing public, rather than enforcing “foot faults,” as it has been accused of doing over the years. My own experience with FINRA suggests that while it...
July 03, 2019
Judge Rules FINRA Lacks Jurisdiction in Futures Clearing Firm Arbitration
From Ulmer’s Broker-Dealer Law Corner Blog By Kenneth F. Berg I am fortunate to have Ken Berg, a commodities regulatory guru, just down the hall from me, so I’ve never had to learn that stuff too well. But, here, as you will see, there can be considerable overlap between the securities and the...
June 19, 2019
Ulmer Partner Richard Hamilton Talks Google’s Latest Antitrust Issues on “Nightly Business Report”
Ulmer Partner Richard Hamilton was featured during the June 7 episode of “Nightly Business Report,” a national news program produced by CNBC that airs on PBS. Offering his insider perspective as a former attorney in the DOJ’s Antitrust Division, Hamilton was interviewed regarding the Justice Department’s antitrust probe of Google and...
June 10, 2019
Rachael Rodman Appointed to IPO Diversity and Inclusion Committee
Ulmer & Berne LLP is pleased to announce that Partner Rachael L. Rodman was recently appointed as a member of the Intellectual Property Owners Association (IPO) Diversity & Inclusion Committee, which is dedicated to establishing organizational focus around and executing programs based on diversity and inclusion. As one of IPO’s Management and...
June 05, 2019
Do Customers Actually Use BrokerCheck? This FINRA Complaint Suggests They Don’t
From Ulmer’s Broker-Dealer Law Corner Blog By Christopher D. Seps I heartily endorse this post from my colleague, Chris, who’s been quiet of late. It says a lot about FINRA, in terms of how it deigns to spend your assessment money, how fairness in the Enforcement process can be completely illusory, and...
May 29, 2019
FINRA Releases Regulatory Notice 19-17, Proposes to Dispense with Due Process
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper Reading Reg Notice 19-17 makes me think of the legal arguments that I’ve recently read regarding whether a president can be found guilty of obstructing justice if the actions in question were taken out in the open, for everyone to see. Here, FINRA’s proposed...
May 08, 2019
FINRA’s Proposal On High-Risk Firms Is A Must-Read, But Hardly A Must-Enjoy
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper I apologize for all the posts this week, but I am traveling and am in a different time zone, so I am awake at hours when, ordinarily, I would be asleep, giving me time to muse. Anyway, given that, I will not...
May 03, 2019
Ulmer Expands Respected Business Litigation Practice with Addition of Federal Judicial Law Clerk
Ulmer & Berne LLP is pleased to announce the addition of Associate Halden R. Schwallie to its Business Litigation Practice Group. Schwallie joins Ulmer from the U.S. District Court for the Northern District of Ohio where he served for four years as a judicial law clerk to Magistrate Judge George J. Limbert....
April 01, 2019
FINRA Says, Proof? We Don’t Need Your Stinkin’ Proof
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper If you are a regular reader of this blog, then you know that over my last few posts, I have been talking about an increasingly visible effort by FINRA to turn its regulatory eye from rogue brokers – who have been an...
March 29, 2019
FINRA Is Going After “High-Risk” Firms, But First Has To Invent The Definition Of High-Risk
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper I told you two weeks ago in my blog post that this would happen. I told you that when Robert Cook announced the topics to be taken up at the February/March FINRA Board meeting in Boca Raton, he slipped and used the new phrase...
March 14, 2019
Timothy Downing Appointed to Cuyahoga County’s First Human Rights Commission
Timothy J. Downing, Chief Diversity Officer of Ulmer & Berne LLP, has been appointed to Cuyahoga County’s Human Rights Commission, which aims to promote diversity, inclusion, and harmony through every facet of the county. Downing will serve as one of three attorneys comprising the first assembly of the Commission, which...
February 28, 2019
Rachael Rodman Appointed Vice Chair of IPO Women in IP Committee
Ulmer & Berne LLP is pleased to announce that Partner Rachael L. Rodman was recently appointed as a Vice Chair of the Intellectual Property Owners Association (IPO) Women in IP Committee, which seeks to promote the advancement of women in IP law and to increase the diversity of IPO’s membership. As Vice...
February 19, 2019
Alan Wolper Interviewed by PLANADVISER on FINRA 2019 Priorities List
Ulmer Partner Alan M. Wolper was recently interviewed by PLANADVISER in an article entitled, “B/D Attorney: Don’t Be Distracted by FINRA Examination Priorities Letter.” Wolper provided his insights into the recently published FINRA 2019 priorities list, which he thinks is interesting, but ultimately not all that informative when it comes...
February 08, 2019
Ulmer & Berne Names Timothy J. Downing as Chief Diversity Officer
Appointment bolsters the firm’s successful diversity and inclusion initiatives Ulmer & Berne LLP is pleased to announce that Timothy J. Downing has been appointed as the firm’s first Chief Diversity Officer. His appointment to this role provides added momentum to Ulmer’s successful diversity and inclusion initiatives and reflects the firm’s commitment to...
February 05, 2019
Ulmer Attorneys Selected to 2019 Illinois Super Lawyers List
Ulmer & Berne LLP is pleased to announce that five attorneys from its Chicago office have been selected to the 2019 list of Illinois Super Lawyers. The list features the top attorneys in the state, chosen for their demonstrated excellence in the practice of law. Of those named from Ulmer,...
January 24, 2019
FINRA’s 2019 Examination Priorities Letter: Beware, More Of The Same Is Coming
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper In what has become an annual, but hardly exciting – I mean, it’s not like anxiously awaiting the day that pitchers and catchers report to Spring Training – tradition, with the turning of the calendar to the new year, FINRA has...
January 28, 2019
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper About a year ago, the SEC offered investment advisors the unique opportunity to report themselves to the SEC if they sold mutual funds to their clients that offered a lower priced share class than the class actually selected by the advisor,...
January 30, 2019
Frances Floriano Goins Interviewed in Global Data Review on Possible Facebook FTC Scrutiny
Ulmer Partner Frances Floriano Goins was recently interviewed for a Global Data Review article entitled, “Facebook could face FTC scrutiny, say privacy lawyers.” Goins provided her insights following The New York Times’ discovery that Facebook has been giving other companies access to users’ personal data and whether this violated Facebook’s...
January 03, 2019
The Disturbingly Cozy Relationship Between FINRA and PIABA
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper What exists at the point where PIABA’s transparent self-interest in getting paid and FINRA’s historical lack of transparency about who is actually driving its agenda regarding arbitrations? This: a late December decision by FINRA to propose a rule that prohibits non-lawyers from...
January 09, 2019
Ulmer Elects Four Attorneys to Firm Partnership
Ulmer & Berne LLP is pleased to announce the election of four partners to the firm, effective January 1, 2019. This class of new partners includes accomplished attorneys from three of Ulmer’s offices who have diverse experience spanning multiple legal disciplines. “Through their hard work, determination, and dedication to providing...
January 02, 2019
Shipra Rege to Join Board of Directors of Greater Cleveland Volunteers
Ulmer & Berne LLP is pleased to announce that Associate Shipra K. Rege will join the Board of Directors of Greater Cleveland Volunteers for a three-year term effective January 1, 2019. Greater Cleveland Volunteers is a nonprofit that connects individuals with a broad range of volunteer opportunities at nonprofit organizations...
December 18, 2018
Booker Coleman Appointed to Chicago Bar Association’s Judicial Evaluation Committee
Ulmer & Berne LLP is pleased to announce that Booker T. Coleman, Jr. has been appointed to serve on the Investigative Division of the Chicago Bar Association’s (CBA) Judicial Evaluation Committee (JEC). The JEC provides an invaluable service to the bench, the bar, and the public through its evaluations of...
December 17, 2018
Ulmer Partner Michael N. Ungar Featured in Super Lawyers Magazine
Ulmer Partner Michael N. Ungar was recently featured on the cover of Ohio and Kentucky Super Lawyers Magazine with an article about him entitled, “Mike Ungar’s Town.” The article details Ungar’s early life, career at Ulmer, his love of Cleveland and involvement in the community, and his passion for complicated...
December 14, 2018
The Real Lesson From FINRA’s 2018 Exam Findings Report
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper On Friday last week, FINRA released a report discussing the findings from its 2018 exams, providing what it described as “selected observations” that were deemed to have “potential significance.” Even with that tepid introduction, in theory, this is still a great idea, since anyone...
December 12, 2018
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
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
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
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
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 Chair. Each...
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 a consolidated federal securities fraud action filed against a publicly traded company that 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.
- Won an Ohio Court of Appeals decision certifying a national class of insurance policy holders regarding claims for damages to watercraft under a “betterment” policy of the insurance carrier that reduced claims paid, and reached a significant settlement for all class members.
- Successfully defended a large breach of contract claim brought by an 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.
- Averted a major shutdown of an appliance manufacturer’s plants throughout Ohio after successful preliminary injunction hearing resulted in a consent order and settlement.
- Defeated a class certification attempt in a putative nationwide class action brought by a prominent class action plaintiff’s firm against a large publicly traded company.
- Obtained dismissal of a 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 obtained settlement in litigation against several banks, a real estate advisory firm, and a law firm regarding real estate investments made by family trusts involving claims valued at $80 million and that included breaches of fiduciary duty, standard of care, negligence, and RICO claims against the law firm.
- 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.
- Won a unanimous decision in the Supreme Court of Ohio on behalf of limited partner investors regarding a residential condominium development project, resulting in a landmark decision in favor of the investors and against the developer’s law firm.
- 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.