Practice Group

Ohio-Based Litigation & Arbitration Attorneys

KJK’s Ohio-based civil litigators have successfully resolved a broad range of commercial and regulatory matters, including construction defects, breaches of contracts, creditor disputes, employment issues, fraud allegations, and securities and shareholder litigation.

KJK maintains a substantial litigation practice with a strong regional and national reputation. With offices in Cleveland and Columbus, Ohio, KJK’s attorneys litigate in state and federal courts and in arbitration tribunals throughout the United States, and advise clients worldwide. Our litigation attorneys have tried cases to judges and juries, and routinely handle complex commercial lawsuits. We are also experienced in representing national broker-dealers, registered investment advisory firms, clearing firms and individual brokers and investment advisors in securities arbitration work.

Litigation & Arbitration

What wE do

Appellate Litigation
Beverage & Alcohol Litigation
Broker-Dealers & Securities Clients
- Financial Institutions & Securities Litigation
- FINRA & Securities Arbitration
- Securities Litigation
Class Action
Construction Litigation
Consumer Protection Litigation
Data Privacy & Cyber Security
Government
- State & Federal Discrimination Claims
- State & Federal Employment Litigation
- Regulatory Compliance & Enforcement

Corporate
- Corporate Compliance
- Business Contingency Litigation
- Director & Officer Liability
- Partnership Disputes
- Employment Litigation
  - Non-Compete Enforcement & Defense
- Government Investigations
- eCommerce Litigation
- Product Liability
- eDiscovery & Document Retention
- IP Litigation
- Contract, Business, Commercial & Consumer Disputes
- Shareholder Disputes
- Telephone Consumer Protection Act (TCPA)

Health Care Litigation
Individuals
- Domestic Relations Litigation
- Probate Litigation
- Fraud Investigation, Prosecution & Defense
IP Litigation
- Unfair Competition
Mediation
Real Estate Litigation
Student & Athlete Defense Litigation
Wage & Hour Class Action Defense

Innovative Program:

Litigation Programs

Our experienced attorneys employ a pragmatic, proactive approach coupled with savvy judgment to effectively address our clients’ most critical litigation issues.

BUSINESS CONTINGENCY LITIGATION

Litigation costs can sometimes be a barrier to fighting for your rights or protecting your business from bad actors. KJK’s litigators are experienced at evaluating the merits of cases and will share the risk of bet-the-business actions.

Whether we’re representing the plaintiff or defendant, KJK can develop a contingent fee arrangement to meet your needs, including blended structures with capped hourly fees or reduced contingency percentages so that you can take greater advantage of the possible upside in your case.

Representative Experience

Secured eight-figure recovery for three large nonprofits in one of the first collateralized debt obligations cases to go to trial
Saved manufacturer of complex machinery more than $10 million defending them against a claim for breach of warranty

OUTSOURCED LITIGATION MANAGEMENT

KJK provides litigation supervision and management to a variety of publicly traded and middle-market businesses. We work directly with in-house lawyers and key executives within the company as “outsourced general counsel” and manage litigation holistically, prioritizing risk mitigation and minimizing litigation disruption.

Cost-Effective

We ensure that all discovery requests are responded to efficiently and without undue burden
KJK’s attorneys ensure that cases are handled timely, strategically and effectively without the cost, expense or overhead associated with traditional, full-time in-house counsel

Single Point of Contact

Our team is the point person for all outside counsel and ensures cases are properly and consistently handled
We maintain internal reports on material claims and legal proceedings and support the work of in-house counsel in reporting to a company’s board of directors

Contact Us to Learn More

Litigation & Arbitration

What Sets Us Apart

Business-Focused

KJK’s litigation attorneys prioritize business realities when litigating cases. By focusing on economic factors and staying responsive to our clients’ needs, your litigation strategy will be informed, first and foremost, by your business strategy.

Proactive

When time is of the essence, KJK’s civil litigation attorneys are experienced at obtaining immediate relief and strategically filing lawsuits to best protect your interests.

Flexible

Arbitration and mediation can be viable alternatives to traditional litigation or may be required by your contracts. KJK’s attorneys have decades of experience with a variety of arbitration formats and have won significant victories for clients.

Service:

ALTERNATIVE DISPUTE RESOLUTION

Pursuing in-court litigation isn’t always the best course of action for legal disputes. First, in scenarios necessitating confidentiality and flexible scheduling, arbitration emerges as an appealing alternative, providing the desired privacy and adaptability. Further, whether in-court litigation or arbitration, parties often engage skilled mediators to facilitate this resolution process. Over 90 percent of lawsuits end in a pre-trial settlement. Mediation and Arbitration present parties with alternative methods to resolve their disputes.

AWARDS & PROFESSIONAL AFFILIATIONS

Awards

Selected to Ohio Super Lawyers, 2008 – 2023
Martindale-Hubbell AV® AV Preeminent Attorney – Judicial Edition 2017 – 2022
America’s Most Honored Lawyers – Top 1% 2016 – 2022
Martindale-Hubbell AV® Preeminent™ Peer Review Rated Attorney

Professional Affiliations

Cleveland Metropolitan Bar Association
American Arbitration Association
- Commercial and Consumer Arbitrator
Meritas
- Chair, 2021 – 2024
- Executive Committee & Vice Chair, Board of Directors, 2018 – 2020
- Chairman, Quality Assurance Committee, 2018 – 2020
- Board of Directors, 2016 – 2018
- Membership Committee, 2014 – 2018
- Chairman, Annual Meeting Planning Committee, 2017
- Member, Annual Meeting Planning Committee, 2016

BAR / COURT ADMISSIONS

Ohio
District of Columbia
Illinois (Inactive)

Alternative Dispute Resolution Spotlight:

Brett Krantz

As a neutral with over 30 years of experience, Brett Krantz has developed a skilled Alternative Dispute Resolution (ADR) practice. Leveraging his extensive litigation background, diverse client portfolio, and proven success in ADR, Brett has participated in numerous commercial, consumer, employment, and securities arbitrations. He is a commercial and consumer arbitrator and arbitration chair both privately and through the American Arbitration Association (AAA), the largest U.S. private provider of ADR services. Furthermore, Brett has served as a securities arbitrator with FINRA for over a decade, trained both as an arbitrator and to chair an arbitration panel. He has also advocated in dozens of arbitrations, including many that have gone to hearings.

Additionally, Brett has participated as an advocate in numerous meditations, from smaller employment matters to large securities class actions. He has completed extensive mediation training as a Commercial Mediator through the Ohio Supreme Court, does private mediations, and is a mediator on the ADR Federal Court Panel for the United States District Court for the Northern District of Ohio. His accomplishments have been recognized by Ohio Super Lawyers and America’s Most Honored Lawyers (Top 1%). He also holds a Martindale Hubbell AV Preeminent Rating (5.0 out of 5.0).

Contact Us

“In-court litigation is not always the best resolution for a dispute. In fact, it’s often time-consuming and expensive. Many parties prefer to sit down and discuss the issues at hand before resorting to in-court proceedings.”

– Brett Krantz

Partner | KJK

Litigation & Arbitration

Frequently Asked Questions

How does the process of litigation generally work?

If you are the party who has been harmed by actions of another, the first step in the litigation process is an investigation into your claims. What happened, why did it happen, what is the other sides position, and how were you harmed by the action? When this is completed and you decide to move forward, a complaint is prepared by counsel and filed in the appropriate court.

The party who has been sued (the “defendant”), is then provided with the complaint and provides the court their answer as well as any claims they believe they have against the party who brought the claim (the “plaintiff”) or against other parties required to determine the dispute. The defendant may also attempt to have the court throw out some or all the claims on the ground that the allegations, even if true, do not present legal claims.

Once it is determined what parties and claims are appropriately before the court, the discovery stage can commence. This is often the most timely and costly period in litigation. The parties can seek information from others, including the other parties and third-parties, through written questions, documents and oral questioning of witnesses. Disputes unfortunately often arise at this stage and the court may be asked to rule on discovery disputes.

Following discovery, the parties may move to narrow the issues in the case or to dismiss the case in total (“summary judgment”). Here the moving party will argue that, based on the claims and the discovery which has been completed, there are no material factual disputes, and they are entitled to a judgment on those claims.

If any claims survive summary judgment, the case then proceeds to trial.

What is e-discovery?

As more and more of our information is shared and stored electronically, the discovery process now includes the requesting and production of this electronic information (“e-discovery”). Today we collect, review, and produce information retained electronically in response to the other party’s discovery requests. This may include your databases, e-mails. voice-mails, social media, and other relevant information stored in electronic form. This is sometimes a complicated and costly process due to the locations and manner and methods of storing this information. Courts in Ohio do not require the production of such information if it is not reasonably accessible due to some undue burden or cost.

Are there alternatives to court litigation?

Of course. The parties may try to work out the dispute through private discussions, or agree to have a mediator hear the dispute and attempt to find a workable resolution for all parties. The parties, through contract or agreement, may also agree to arbitrate. Arbitration is like having a private judge. The process generally follows court litigation procedures, although discovery can be limited and the arbitrator may or may not be willing to hear motions attempting to limit the claims before them. Arbitration is also generally private with the arguments and sometimes the result is not available to the public. It can be faster than court litigation, although the parties are responsible to pay the cost of the arbitrator. Contrast that with regular in-court litigation, where state or federal taxes pay for the judges and the process is generally open to the public.

How are legal services billed for litigation?

There are many potential methods to structure the attorney fees incurred in litigation. Initially, understand that the party is usually directly responsible for the “hard costs” of litigation. These may items such as the cost of filing a claim, the court reporters fees, the electronic discovery storage and production fees, and the hearing and deposition transcript fees. In addition, attorney fees are often billed per hour worked on the claim. This is a simple mathematical calculation – the number of hours billed times that attorney’s hourly rate as set by the firm. This cost can usually be estimated and should be discussed with counsel. There are other fee arrangements that sometimes make sense for both the client and counsel such as hybrid fees, capped fees, fixed fees or contingent fees.

Are my attorney fees recoverable after litigation?

Generally, unless you have a contract which provides for the payment of attorney fees, these fees are not recoverable in a court action. The American Rule provides that each party will bear their own attorney fees resulting from the court litigation. The rationale for this rule is that our system does not want to create a disincentive for aggrieved parties to bring suit asserting their rights. This contrasts with the English common law which provides that the losing party pays the legal fees of the winning party. Note that even under the American Rule, though relatively rare, a party may be required to pay some attorney fees of the other party, such as situations where a frivolous claim or position is presented in litigation.

Litigation & Arbitration

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Litigation & Arbitration

attorneys

Samir B. Dahman

CO-CHAIR

John D. Ramsey

Michael D. Hoenig

Krista P. Wagner

Paralegal

“I have had the opportunity to work with KJK… and can clearly say that their team is always there when you need them and the results we have achieved working together have been very positive… I have never worked with a team so dedicated to the customer.”

– Donald Brown

PRESIDENT & CEO | OVERTON CHICAGO GEAR

“Samir and his team [at KJK] are exceptional. They are dedicated advocates who sincerely cared about me and my case. He showed this by always being prepared, bringing the right people onto our team, leveraging creative solutions and positions, responding to communications and new developments in real-time, and passionately advocating to adversaries and judges.”

– Chris Spielman

FORMER NFL & FOX SPORTS/ESPN BROADCASTER | PHILANTHROPIST | SPECIAL ASSISTANT TO THE OWNER & CEO OF THE DETROIT LIONS

Contact

CLEVELAND OFFICE

1375 East Ninth Street

One Cleveland Center, 29th Floor

Cleveland, OH 44114-1793

216-696-8700

COLUMBUS OFFICE

10 West Broad Street

One Columbus Center, Suite 2500

Columbus, OH 43215

614-427-5731