Is your client...

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  • involved in a dispute that looks like it will not be easily resolved?

  • in the business of selling things?

    Do they employ sales people who have critically important relationships with your client’s customers?

    Does your client have an enforceable agreement to protect those relationships

  • faced with a search warrant for its business and needs guidance?

  • being shut out from information of a corporation in which they have a vested interest?

  • negotiating a merger/acquisition/contract and wondering whether it ought to include a dispute resolution clause in the final agreement?

    Should they have an arbitration clause? If they do, which of the several arbitration providers should be identified?

    Does their particular situation call instead for a forum selection clause.

    If so, what kind and for what forum?

  • prepared for the new age of e-discovery?

    If they were sued, would they be in the position to produce all of the responsive data they possessed, in all its electronic forms, in compliance with the discovery rules?

    Do they have a document retention policy?

    Could they be better prepared in the event they are sued?

  • involved in a highly-regulated industry?

    Are they prepared for the possibility of an audit or investigation by government agencies?

    Are their employees [that are likely to interface with regulators] prepared to respond to initial questions and refer matters to outside counsel as appropriate?

    hearing false rumors about their business, either from their customers or others?

    Are they the subject of bad reviews on the Internet that seem calculated and orchestrated by others who may want to hurt your client’s business?

  • the subject of a negative media story?

    Are they prepared to fend off those who might view them as a deep-pocketed target with something to lose?

  • worried about being sued by someone else and wondering if there is something they can do to avoid getting sued at all?

CML-At-a-Glance
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142 Attorneys

  • Representative Clients

    Ashland Inc.

    Charleston Area Medical

    Center, Inc.

    Endeavor Energy Resources

    Fifth Third Bank

    Huffy Corporation

    Louisville Gas & Electric

    The Procter & Gamble Company

    Skechers U.S.A.

    The Courier-Journal, Inc.

    The Archdiocese of Cincinnati

  • What We Do

    Alternative Dispute Resolution

    Antitrust / Trade Regulation

    Appeals

    Bad Faith

    Class Actions

    Complex Contracts

    Energy / Natural Resources

    ERISA and Benefits Matters

    Fiduciary Duties

    First Amendment & Media

    Injunctive & Emergency Relief

    Insurance

    IP Litigation / Trade Secrets

    Licensing / Leasing / Franchising

    Mediation

    Public Utilities / Telecom

    Risk Management / Mitigation

    Real Estate Litigation

    Securities Litigation

    Uniform Commercial Code

  • Creating Value

    A Reputation for Winning

    • A storied history of trial work: “Highly Recommended” by Benchmark Litigation, Named a “Go-to Law Firm” for Litigation in Corporate Counsel Magazine
    • Represented insurance carriers in some of the most significant coverage litigation in the US, including the first asbestos “trigger” decision
    • Played a key role in the passage of West Virginia’s comprehensive insurance and civil justice reform legislation

    Scalable / Predictable / Cost-Effective

    • Widely viewed as providing tough litigators at better value:
    • "Opponents from money-center firms are surprised by the talent and quality of representation we bring to the table”
    • Prepare to go to trial and manage cases for the best possible outcome within predictable legal cost
    • Staffing cases efficiently and predictive coding/e-discovery systems allow additional case efficiencies in both time and costs
    • Educate and train clients to manage/mitigate risk

Experience Highlights
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  • Ashland Inc.: Complex Insurance Coverage Claims for Asbestos Litigation

    We are representing Ashland Inc. in three substantial cases related to insurance coverage claims for asbestos litigation. After an acquisition of another entity, our client assumed liability for its asbestos litigation. During the course of litigating these cases, we have become embroiled in disputes with Resolute, a subsidiary of Berkshire Hathaway that is handling the claims. Two of the cases are currently in arbitration and one is set for trial in state court in 2015. The two cases in arbitration are seeking a total of $52 million. We recently completed a two-week arbitration in Washington, D.C. for one claim, and we will begin another two-week arbitration on another claim this summer.

  • Former Company Shareholders: Prosecuting Breach of Stock Purchase Agreement

    When early negotiations failed, we represented shareholders seeking recovery of contingent payments from a multi-billion dollar international corporation. The payments were owed for breach of a stock purchase agreement and for unauthorized transfers of intellectual property. The opposing corporation filed fraudrelated counterclaims, vigorously contesting the claim. We initiated detailed discovery and thorough analysis of intellectual property transfers to demonstrate the triggering of payment obligations. Through a predictive coding document review system, we were able to efficiently examine approximately 250,000 of the opponents’ documents as we prepared our case against a better-financed adversary. Our opponent decided to settle prior to trial, resulting in a successful resolution of the contingent payments owed.

  • Parthenon, LLC: Alleged Improper Investment Management

    We are defending Parthenon, LLC as the investment manager of an approximately $80 million trust where the plaintiffs allege improper management and “sub-par appreciation” in relation to issues such as portfolio diversification and capital gains taxes. The plaintiffs, two purported beneficiaries of the trust, previously engaged in litigation related to the distribution of the trust. Following that litigation, the plaintiffs filed suit against PNC Bank for negligent investment, and PNC brought Parthenon in as a third party. We conducted depositions and brought in an industry expert who testified that the returns on the investment exceeded the S&P 500 and other applicable indices. Our client, along with PNC, moved for summary judgment and it was granted on the grounds that Kentucky does not recognize the theory of “sub-par appreciation.”

  • ViaQuest, Inc. / SupportCare, Inc.: Complex Commercial Allegations

    We represented ViaQuest, Inc. and its subsidiary SupportCare, Inc. in a two-week jury trial involving allegations of misappropriation of trade secrets, civil conspiracy, tortious interference with contractual relations and breach of duty of good faith and loyalty. Two former employees conspired to bring one of our then current employees to their new place of employment. The former employees knew the current employee was capable of bringing her full case load, her entire staff and all of her associated contracts, totaling yearly gross revenues in excess of $500,000. We constructed a case based on several “smoking gun” documents showing the civil conspiracy and received judgments on all claims, receiving a total verdict of over $2 million. In addition, we sought punitive damages and attorneys’ fees from the defendants. Prior to a hearing to assess those damages, we negotiated a settlement with the defendants for an additional $225,000.

  • Larry Flynt: Ownership Dispute / Wrongful Termination

    We represented Larry Flynt in an ownership dispute with his brother, which also involved allegations of wrongful termination. Flynt’s brother filed a lawsuit asserting that he was a partial owner in the organization and entitled to financial compensation. We demonstrated that the plaintiff had no legal ownership in the organization. A federal court rejected the plaintiff’s claims and the decision was affirmed on appeal. The brother then claimed that he was wrongfully terminated as an employee within his brother’s organization. We again found the claims to be without merit and we moved for summary judgment, which was granted and affirmed on appeal. Meanwhile, Larry sued his brother and his brother’s company for trademark infringement. We were granted summary judgment and a permanent injunction was entered prohibiting our client’s brother from using the HUSTLER mark.

  • Preferred Automotive Services: Prosecuting Kickbacks

    We won a $2.7 million verdict for the fleet maintenance company in a case against Insight Communications involving kickbacks provided by a former employee. We were able to prove that Insight moved their fleet business to the former employee in exchange for free repairs on Insight managers’ personal vehicles, as well as cash and gift cards. In a separate lawsuit, our client also reached a settlement with the former employee.

Attorney Roster
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DINSMORE & SHOHL LLP | LEGAL COUNSEL

 

FOR INTERNAL USE ONLY. Nothing in this presentation should be construed or is intended to be legal advice.  All images, videos, copyrights, and trademarks used in the presentation are property of their respective owners.  Copyright 2017. All rights reserved.