
business litigation
overview
As a former partner in a Chambers Band 1 complex business litigation firm, I have nearly two decades of experience representing businesses and owners in legal disputes. I routinely litigate disputes in state and federal court relating to contract enforcement, business torts (such as fraud, breach of fiduciary duty, defamation, and tortious interference with contract), ownership rights, and insurance coverage. I have substantial experience in fact investigation, developing litigation strategies, depositions and e-discovery, briefing dispositive motions, and arguing motions and appeals.
As former General Counsel to a portfolio of closely-held freight transportation companies, I managed outside counsel in nationwide trucking accident, employment, and other litigation, focusing on thoughtful allocation of legal expense to the issues that matter.
representative experience
Managed defense of publicly traded REIT in dispute involving tenant’s attempt to enforce lapsed real estate purchase option, leading to significant favorable settlement.
Analyzed data exports to forecast client exposure in defense of class action alleging misappropriation of trust funds; negotiated and managed implementation of complex settlement terms and distribution of funds to class.
Represented multi-national medical device distributor in dispute with manufacturer regarding rights under distribution agreement and intellectual property licensing agreement.
Obtained dismissal of fraud and breach of fiduciary duty claims against CFO based on alleged falsification of company’s financial position and successfully defended same on appeal. Magic Circle Corp. d/b/a Dixie Chopper et al. v. Gary Morgan et al., No. 71A03-1507-PL-790 (Ind. Ct. App. Dec. 30, 2015).
Represented corporation and its President in pursuit of damages in excess of $2 million against former officers alleged to have engaged in wrongful competition in breach of fiduciary duties.
Advised LLC member and co-manager regarding management and ownership rights and obligations under the operating agreements of numerous affiliated LLCs in dispute over future operation of real estate development enterprise.
Represented regional bank in action to foreclose on large residential development, assisting bank to obtain and manage receivership, defend priority battle with subordinate mortgagor, and purchase the development at sheriff’s sale.
Represented insurer in dispute over service provider’s claim for compensation for reinsurance review services performed outside the scope of a service contract. Ind. Lumbermens Mut. Ins. Co. v. Reinsurance Results, Inc., 513 F.3d 652 (7th Cir. 2008).
Represented national telephone directory publisher in numerous disputes with advertisers, including disputes relating to breach of advertising agreements, trademark infringement, and constitutional issues.
Represented national coffee chain in numerous product and premises liability disputes.
Represented Las Vegas casino in dispute over collection of casino markers on issue of first impression regarding whether the exercise of personal jurisdiction over casino would violate constitutional due process rights. JPMorgan Chase Bank, N.A. v. Desert Palace, Inc., 882 N.E.2d 743 (Ind. Ct. App. 2008).
professional recognitions
AV Preeminent®, Martindale–Hubbell
Indiana Super Lawyers® (2017-25)
Indiana Rising Stars® (2009-16)
The Best Lawyers in America®, Commercial Litigation (2014-21)
Finalist, Indy’s Best and Brightest Awards (2010, 2011)