Experience
Successfully Defended Client in Wrongful Death Case
We and co-counsel represented our client, a subsidiary of an automobile company, in the wrongful death case brought by a mechanic’s family. The mechanic had worked in one of our client’s dealerships for one to two years in 1965-1966 and worked on our client’s brakes and clutches. The family claimed the mechanic was exposed to asbestos from these products, which caused his pleural malignant mesothelioma, and our client should have warned him that could happen. We argued and provided supporting evidence that our client didn’t know at the time that any health hazards were associated with the mechanic’s work with such friction materials, and that any asbestos emitted from those materials did not cause the mechanic’s mesothelioma. The jury returned a defense verdict that our client was not liable.
Wrongful Death Lawsuit Involving Federal Motor Carrier
We defended a federal motor carrier whose driver was accused of striking vehicle on interstate and leaving it disabled in the roadway. The driver was accused of hit-and-run, negligently operating the truck, and failing to render aide at the scene. The motor carrier was also accused of negligent hiring, retention, training, and supervision. We negotiated a favorable settlement for our client following two weeks of trial, just before closing arguments.
Interim General Counsel for State Fair Board
Tanner was appointed interim general counsel for the Kentucky State Fair Board and its associated Kentucky Venues in 2019. His duties included overseeing all legal operations for the Kentucky venues properties, and handling all connected legal issues.
Successfully Defended Bank against Claims of Breach of Fiduciary Duty
We represented our client, a large regional bank, following a claim of breach of fiduciary duty in connection with a large family trust. We successfully had those claims dismissed through a dispositive motion, a decision which was unanimously upheld on appeal.
Asset Sale
Represented a software development company in the sale of business in order to settle litigation between hostile shareholders.
Medical Device Product Liability Litigation
Defending multiple product liability cases involving joint replacement products.
OxyContin Litigation
Defense of Purdue Pharma, LP in multiple state court cases involving product liability claims based on the marketing of the prescription pain relief medication Oxycontin. In the course of that defense, we successfully obtained one of the first judgments in favor of the company based upon the defense of misuse of the product. We also obtained the dismissal of a significant number of individual claims, and negotiated a resolution of one of the first actions instituted by a state attorney general against the company.
Successfully Defended Private High School in Lawsuit
We successfully defended our client, a private high school, in a lawsuit challenging the principal’s decision to withdraw a student for a disciplinary infraction. The student and his family sued the school, claiming breach of contract and discrimination, and sought an injunction overturning the principal’s decision and reinstating the student. We worked in a two week span to brief the injunction request, accomplish all necessary discovery and depositions, and prepare the case for trial. After the plaintiffs presented their case, we moved for involuntary dismissal under Rule 41, arguing they had failed to meet the burden of proof required. The court agreed, and in a written decision denied plaintiffs’ motion for injunction, dismissed the injunction claim altogether, and entered complete judgment in our client’s favor on that count. Plaintiffs then agreed to resolve the remaining damages claims for nonmonetary consideration.
Arbitration of Environmental Liability Dispute
Represented client in series of private arbitrations involving environmental liabilities arising from property exchanges. Conducted arbitration to determine scope of contractual liability, prevailed in 21 of 22 arbitrations allocating responsibility for specific properties, and the parties then reached a confidential settlement.
Coordinated Corporate Control Disputes
Represented officers, directors and shareholders of companies based in Hong Komg in corporate control disputes in California state courts and provided advice regarding related litigation in Hong Kong. Defeated preliminary injunction motion, coordinated California cases and then reached global settlement on confidential terms.
Defense of Data Analytics Company in Class Action
Defended data analytics provider in coordinated class actions alleging violations of the Video Privacy Protection Act. Case against client stayed pending resolution of related action.
Defense of Departing Employees in Trade Secrets Dispute
Defended group of investment bankers in trade secrets case filed by former employer. Defeated preliminary injunction motion and the case then settled on confidential terms.
Defense of Energy Client in Coordinated Antitrust Class Actions
Defended energy client in coordinated class actions alleging wage-fixing arising from participation in salary surveys. Defeated class certification.
Defense of Hospital in Antitrust Class Action
Defended hospital in class action alleging state antitrust law violations arising from participation in salary survey. Obtained summary judgment and case then settled while on appeal.
Defense of Investment Advisor in Securities Fraud, Negligence Cases
Defended investment advisor in related cases alleging securities law violations and professional negligence. Narrowed issues through motion to dismiss in lead case and all cases then settled on confidential terms.
Defense of Investment Bank in Entertainment Industry M&A Dispute
Defended investment bank in cases filed by an acquiring company and a lender seeking $1.5 billion in damages for alleged professional negligence in connection with the preparation of a solvency opinion related to a film studio acquisition. Obtained summary judgment in lender’s case and parties then agreed to settlement on confidential terms.
Defense of Pharmaceutical Manufacturer in Antitrust Class Action
Defended pharmaceutical manufacturer in class action alleging antitrust violations under California law based on alleged sham patent litigation and reverse settlement payments. Motion to dismiss with prejudice granted.
Defense of Securities Fraud, Ponzi Scheme Cases
Defended CEO of investment advisory firm in cases alleging securities law violations and fraud filed by the SEC, the CFTC and institutional investors. We reached a confidential settlement with the federal agencies and a Receiver appointed by them and the institutional investors then dismissed their cases against the client.
Defense of Video Game Developer in Data Breach Class Action
Defended video game developer in class action alleging data breach. After a successful motion to transfer, the case settled on confidential terms.
Merger Clearance
Represented energy client before the FTC in connection with the sale of a subsidiary. Responded to Second Request and negotiated asset divestiture to obtain clearance.
Pursuit of Trade Secrets Claims Against Former Employees and Competitor
Pursued trade secrets case on behalf of engineering firm against departing employees and competitor. Obtained preliminary injunction preventing use of trade secrets by the competitor and case then settled on confidential terms.
Thwarted Union Attempt to Enjoin Sale of Refinery
Defended energy client in case filed by union to enjoin sale of refinery under federal labor law. Obtained summary judgment, affirmed on appeal.
Trial of Breach of Contract Dispute
Defended advertising agency in breach of contract case. Obtained defense verdict after a two-week jury trial.
Trial of Oil and Gas Joint Venture Dispute
Defended energy client in case seeking $6 billion in damages for alleged breach of contract, breach of fiduciary duty and negligence. Obtained defense judgment after a three-month bench trial.
Trial of Oil and Gas Lease Dispute
Defended energy client in case seeking $200 million in damages for alleged interference with interest in a joint venture. Obtained defense judgment after a four-week bench trial.
Successful suit by minority shareholder against majority owners of family business enterprise
To assist our client, a minority shareholder who was being denied her share of the profits in a lucrative family business, we filed suit against the majority owners alleging breach of fiduciary duty. After filing suit and obtaining access to certain business and financial records, we employed forensic accountants and valuation experts to calculate the value of the client’s losses and ownership share. As discovery demonstrated the unfairness of the majority’s actions, we obtained a successful settlement of the lawsuit for our client through mediation efforts.
Stepping to the Plate for “America’s Game”
Baseball is about as “American” as you can get, and USA Baseball has been the national governing body for amateur baseball since 1978, including representing the United States as a member of the U.S. Olympic Committee and internationally as a member of the World Baseball Softball Confederation.
“Our first interaction with Dinsmore was in the area of IP and trademark protection, but as our organization and needs have changed, our counsel has not,” said Paul Seiler, Executive Director/CEO of USA Baseball.
“That’s due to the fact Dinsmore is a full service team that provides for all of our legal needs, from contract work to real estate guidance to sponsor relations. This allows USA Baseball to be connected across all of our business units with a common and knowledgeable firm that understands who we are, in all facets of our operations,” he added.
Dinsmore serves as USA Baseball’s outside general counsel and handles all legal issues for the organization, including intellectual property, data protection, corporate, litigation, employment and finance. Among recent work, Dinsmore provided legal support to USA Baseball’s efforts to develop and implement a performance standard for non-wood bats used in youth baseball. This work began several years ago and, ultimately, reached a variety of legal areas including intellectual property, corporate, licensing, insurance and agreement work. The performance standard was announced on August 7, 2015, and on January 1, 2018, USA Baseball’s National Member Organizations will require non-wood youth bats meet the performance standard, which will be indicated by the USA Baseball trademark on bats that have passed performance testing.
“One of our former board members had a saying, ‘You do business with your friends.’ And while perhaps not always literal or possible in business, in this case it is,” Seiler said. “Our decision to have Dinsmore represent USA Baseball is based on the relationship we have, as well as for the quality counsel provided on a daily basis.”
As the national governing body of amateur baseball, USA Baseball engages with nearly every major national amateur baseball organization in America, which equates to millions of amateur players in ballparks and playgrounds across the country. The organization also promotes and develops the game on a grassroots level nationally and internationally. Dinsmore attorneys have assisted the organization with finance and real estate work related to further development of USA Baseball’s National Training Complex in Cary, North Carolina.
“The great thing about our relationship with Dinsmore is that we know our best interests are always being looked out for. We never feel like we are just a client. For that matter, I don’t think we even use that word (client) when referencing our partnership,” Seiler said. “Dinsmore is an impactful brand in the legal world, yet it would be hard to argue that we have a more personal relationship with anyone we do business with.”
Outside General Counsel to a Growing Brand
When Kenny McNutt, Brady Duncan and Jeff Hunt had a dream to open their own craft brewery, they sought legal guidance from Dinsmore. By the time Cincinnati’s MadTree Brewing opened in 2013, our attorneys had already played a significant role in its development – from helping to raise the original capital to structuring and executing loan financing.
“Dinsmore gives peace of mind and guides us through murky waters,” said McNutt. “They’re reputable, and I always know I get the best answer for the information available at the time.”
Today, Dinsmore serves as MadTree’s outside general counsel, advising on contracts, real estate, trademark, employment matters, securities and other legal needs as they arise.
“They have every facet we need, and they’re super easy to work with,” added McNutt. “I recommend them whenever anyone asks. They’re trustworthy, really, really good and well worth the peace of mind.”
MadTree was the first modern craft brewery to can its beer in Ohio, and, within four short years, the brewery had grown so significantly they opened an $18 million facility to accommodate larger crowds and increased demand for production. Dinsmore attorneys were with them every step of the way.
Richard Loreto and Larry Buffa v. The Procter & Gamble Company
Serving as co-counsel in attempted consolidated actions alleging false advertising rules under the consumer protection laws of various states involving Vicks NyQuil. The matter is currently on appeal before the Sixth Circuit.
A Long History as Trusted Counsel
As one of the world’s largest and most trusted companies, Procter & Gamble has no shortage of legal needs. Whether seeking counsel on corporate strategy, navigating real estate transactions or protecting their shareholders’ assets, P&G relies on its legal counsel to keep its business running efficiently. That’s why, for nearly 100 years, the consumer products giant has turned to Dinsmore.
“Dinsmore knows our business and understands our culture,” said Debbie Majoras, Chief Legal Officer for P&G. “They remain a trusted ally for us because they are committed to our goals, our company’s success and meeting our legal needs. They bring tremendous value, and we enjoy working with them.”
Dinsmore works closely with P&G’s in-house lawyers to provide an array of services, from advising on all manners of contracts and agreements to corporate and securities counseling to handling real estate matters throughout the country. Dinsmore has also represented P&G in a variety of litigation matters over many years, including handling sophisticated product liability, class action, intellectual property and other complex commercial matters.
“Dinsmore is efficient and responsive, and we can count on great partnership and top quality work when we come to them,” said Majoras. “We truly value the special relationship we have built with them."
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