Benesch

     The Cleveland office is equipped with additional specialists in litigation. Executive chair of litigation and vice chairman Joseph Castrodale litigates complex commercial and securities matters on the behalf of corporate clients. He and Gregory Phillips, as lead counsel, represent electric utility company CEI in their constitutional challenge, alleging that Cleveland’s municipal utility, Cleveland Public Power, violated Ohio’s limits on extraterritorial sales by similar municipal utilities. Castrodale and Phillips overturned the summary judgment ruling on appeal to the Ohio Supreme Court in 2021, but the high court left the question of the proper constitutional test to be litigated at trial court. Philips serves as vice chair of the litigation group. He is also defending NASDAQ exchange listed company Springbig in a lawsuit filed by the technology company’s co-founder, who was bought out of his stake in ownership. Phillips dismissed the rescission, fraud and unjust enrichment claims, and continues to vigorously defend the breach of software licensing claims currently in discovery. 

     Eric Zalud makes his debut as a Litigation Star this year. Zalud specializes in handling litigation for clients in the transportation industry, serving as co-chair of the practice group dedicated to the industry. One of his clients within the industry describes him as “extremely competent” in commercial litigation. In a closely watched case for the transportation industry, he was lead representing Miller Transfer & Rigging in a Carmack Amendment lawsuit. The plaintiffs alleged that the client – and the motor carrier hired to package and transport cargo – were liable for the water damage incurred during the shipment to Austria. The Northern District of Ohio dismissed the case against the client on summary judgment, and Zalud secured the dismissal at the Sixth Circuit on appeal.

Three of Chicago’s partners have been recognized this year for their talent in litigation and leadership at the firm. Another vice chair of the litigation group and co-chair of the business litigation practice, David Remmelt, leads the team in representing SmileDirectClub and its officers and board members in a lawsuit alleging RICO, Lanham Act and state law claims. The lawsuit was filed by the client’s largest competitor in connection with the company’s advertising and marketing. Arbitrations remain pending and the case is being actively litigated. 

     Nicholas Secco serves as chair of the trial group and maintains an active sophisticated litigation practice. In a high-profile environmental case arising from one of the largest contamination clean-ups in California, the team defended Gould Electronics, which operated a lead smelter outside of Los Angeles, in the lawsuit disputing the impact zone of airborne lead. Under Secco’s leadership, the team cross-examined experts and gave closing arguments on behalf of the client and successfully secured a verdict in favor on all issues and reduced their collective liability by roughly $800 million. Scott Humphrey chairs the trade secrets, restrictive covenants, and unfair competition practice group. His recent practice has involved a large-scale trade secrets dispute for a nationwide insurance company.