Anthony J. Rospert

Practices

• Business Litigation
• Environmental
• Life Sciences

Professional Experience

As a partner in the Business Litigation group, Tony helps clients to overcome legal obstacles in order to protect their assets and manage litigation risk in pursuit of their strategic goals.

He focuses his practice on complex business and corporate litigation involving financial service institutions, commercial and contract disputes, indemnification claims, shareholder actions, business transactions, class actions, regulatory enforcement, environmental litigation, toxic tort litigation, administrative appeals and tax controversies.

Tony has significant experience in complex litigation and the ADR process (mediations/arbitrations).

Tony is admitted to practice in the State of Ohio, the Northern District of Ohio, the Southern District of Ohio and the Sixth Circuit.

Education

• Vermont Law School, J.D., 2003, magna cum laude, Vermont Law Review, Senior Editorial Board, Business Manager
• John Carroll University, B.A., 2000, magna cum laude

• Financial Service Industry Litigation
• Representing financial service institutions in numerous lender liability cases involving allegations of fraud and breach of fiduciary duty.
• Representing investment professionals against customer claims and counterclaims involving securities related liability under federal and state securities laws.
• Representing major financial institution and equipment leasing company in a $100 million tax controversy with the IRS involving a cross-border leveraged lease transaction.
  
  
• Significant Contract Disputes
• Representing a major real estate developer in a contract dispute with a joint venture partner arising out of a total return swap transaction valued at $34 million and a buy-sell agreement for a $160 million apartment complex.  
• Representing entrepreneurs and emerging businesses in disputes involving breach of contract, fraud and indemnification claims.
• Representing provider of innovative intellectual products in contract dispute involving UCC sales and warranty claims.
  
  
• Class Actions and Securities Litigation
• Representing publicly-held companies in merger-related class action shareholder derivative lawsuits challenging the fairness of mergers valued over $1 billion.
• Representing large pharmaceutical company in a consumer fraud class action against individuals and third-party payors seeking damages in excess of $50 million.
• Member of defense team, acting as national counsel in defense of nationwide pharmaceutical product liability litigation.
  
  
• M&A Litigation, Post-Closing Disputes
• Representing international manufacturing company in post-merger dispute arising out of the breach of a stock purchase agreement.
• Representing international chemical manufacturer in connection with indemnification claims concerning contamination from a chemical plant in Houston.
  
  
• Environmental Litigation
• Representing municipality in Clean Water Act (CWA) enforcement action brought by U.S. EPA and Ohio EPA  regarding Combined Sewer Overflows (CSOs).
• Representing large manufacturing company in post-trial and appellate proceedings in a $30 million CERCLA contribution action.
• Representing large corporation in matters involving contaminated properties, including toxic tort lawsuits and Natural Resource Damages (NRD) claims.
• Representing national utility in major New Source Review (NSR) environmental enforcement action brought by the U.S. EPA and various northeastern states under the Clean Air Act.
  
  
• Non-US Clients
• Representing companies from Belgium, Japan and Ireland in business disputes.

• “Beware of Boilerplate: Buyers Need To Consider the Unforeseen Hazards of Standard Indemnification Provisions” • The Daily Deal & The Deal Pipeline • September 25, 2012, co-authored with Brendan McCarthy
• “Do You Want To Have A Successful Mediation? Selecting the Right Mediator” • DRI’s For The Defense • June 2012, co-authored with Marty Mackowski
• “A Real Alternative? Including an ADR Clause in Your Deal Documents” • CMBA Bar Journal • July/August 2011
• “Off-Label Issues in Drug and Medical Device Product Liability Litigation” • 2006 ACI Conference paper, co-authored with Brian Troyer, Elizabeth Wright and Elizabeth Gobeil
• "Does 'Privilege' Apply? Protecting Internal Environmental Audits" · Facts & Findings Magazine, February 2006
• "Air Update: Clean Air Interstate Rule (CAIR) and the NAAQS Nonattainment Designations" · The Environmental Counselor, January 15, 2005
• "Court Decision Imperils Voluntary Cleanups" · The Environmental Manager's Compliance Advisor, January 3, 2005
• "The End of Voluntary Superfund Cleanups?" · The Environmental Manager's Compliance Advisor, December 20, 2004

• “Impact of Dodd-Frank on Treasury and Cash Managers: Are You Prepared for the New Standards?”, Northeastern Ohio Treasury Management Association, April 18, 2012
• “Dodd-Frank and the New Standard of Care: As an Investment Professional, Are You Prepared for its Impact?”, CFA Society, January 18, 2012

• Listed as an Ohio Super Lawyers ® Rising Star in Business Litigation, 2009, 2010 and 2013
• Outstanding Political Science Major, 2000