Professional Experience
Gary is counsel in the Business Litigation practice group. He focuses his practice on representation in litigation and other forms of dispute resolution concerning financial institutions, fiduciary duties, contracts, business torts, corporate governance, securities and finance, professional malpractice, ERISA, and other business transactions and tax controversies. Gary has represented several major charitable institutions and foundations in litigation matters.
Government Service
Before joining Thompson Hine, Gary held several positions with the U.S. Army (Major, Regular Army), including Chief Operations Officer of a 5,200-soldier brigade and Chief Plans Officer of the 4th Infantry Division and Fort Carson, Colorado. Gary served as an infantry company commander during Desert Storm, where he earned the Silver Star.
Admitted
Ohio, 1999 · State Courts of Ohio · U.S. District Court for the Northern District of Ohio · U.S. District for the Eastern District of Wisconsin · U.S. District Court for the District of Colorado · U.S. Court of Appeals for the Third, Sixth and Ninth Circuits
Education
- Cornell University Law School, J.D., 1999
- U.S. Army Command and General Staff College, M.M.A.S., 1994, School of Advanced Military Studies
- Auburn University, B.A., 1988, with highest honors
- Representation of two Fortune 250 manufacturing companies and a Fortune 20 telecommunications corporation in matters with the IRS involving the disallowance of interest deductions related to Corporate Owned Life Insurance (COLI).
- Representation of a major bank in a $100 million take-out lending dispute.
- Defense of a major bank in matters involving vicarious theories of liability related to a Ponzi scheme.
- Obtained a complete defense verdict at trial for a major non-profit corporation in a contract dispute.
- Representation of a Fortune 250 manufacturing company in an action with the IRS involving a substantial understatement penalty.
- Representation of a major bank in a matter with the IRS involving Bank Owned Life Insurance (BOLI).
- Defense of a major bank serving as a directed trustee in an ERISA action.
- Defense of a law firm in a legal malpractice action related to an alleged conflict of interest and failure to meet the required standard of care.
- Representation of a major financial institution against a major law firm. Action led to a $5.9 million settlement.
- Obtained a jury verdict in excess of $3 million on behalf of a major iron ore producer in a contract dispute over the purchase of a pelletizer plant.
- Defense of a major automobile manufacturer in a property damage action resulting due to an alleged ignition switch fire.
- Representation of a major pharmaceutical company in arbitration involving a co-promotion agreement. Action resulted in an award of $68 million.
- Defense of a major automobile manufacturer in a personal injury action based upon alleged defects in design and manufacture.
- Defense of a brokerage house in connection with the largest retail brokerage fraud in SEC history
Professional & Civic Involvement
Professional Associations
Ohio State Bar Association
Cleveland Metropolitan Bar Association; Committee on Ethics and Professionalism; Committee on the Unauthorized Practice of Law
Executive Board of the United States Chess Federation
Board of Directors, Open Doors, Inc.Community Activities
United States Chess Federation rated Master for correspondence play