Steven serves as lead trial counsel in state and federal courts throughout the United States on a wide variety of complex civil litigation matters, including complex commercial, real estate and real estate development, eminent domain, professional liability, fiduciary duty, intellectual property and patent, civil rights, class action, commercial, constitutional, contract, corporate and securities.

Steven is admitted to practice in Ohio; the United States District Courts for the Northern District of Ohio, the Northern District of Texas, and the Eastern District of Michigan; the United States Court of Appeals for the Fifth and Sixth Circuits; the United States Court of Claims; and the United States Supreme Court, as well as voluminous pro hac admissions in dozens of other state and federal courts throughout the United States.

Education

  • Case Western Reserve University School of Law, J.D., 1975
  • Colgate University, A.B., 1972

Representative Matters

Representative Trials
Steven is an experienced first chair trial lawyer in a wide range of civil matters. He has tried many bench and jury cases to verdict and has been a frequent speaker and writer on trial practice. Steven has served in the following representative trials:

  • As lead trial counsel for the Cleveland-Cuyahoga County Port Authority in a five-week bench trial in an eminent domain action to acquire 14 commercial properties for the largest downtown Cleveland real estate redevelopment project in over 30 years, involving a $400 million mixed-use housing, office and retail redevelopment project on the East Bank of the Cuyahoga River.  The case settled after five weeks of trial when all property owners agreed to settle and transfer all property to the project.
  • As lead trial counsel, won a defense verdict in State Court in the largest-ever commercial eminent domain trial in Ohio history, enabling the City of Cleveland to expand Cleveland Hopkins International Airport. The defense verdict prevented the neighboring City of Brook Park from taking Cleveland's property by eminent domain for its economic development purposes.  Because the 180-acre tract was the only reasonable location for planned and necessary airport expansion, including a new international runway, building an entirely new airport at a green field site was not an option, and Cleveland stood to incur billions of dollars in economic development damages.  The Cleveland Plain Dealer hailed the four-week trial victory as a victory for the entire Northeast Ohio region.
  • As Ohio trial counsel on trial in the U.S. District Court, Northern District of Ohio obtaining a trial verdict in a patent infringement litigation upholding the validity of the patent on behalf of a major world-wide pharmaceutical manufacturer, and against a generic drug maker involving one of the most commercially successful over-the-counter drugs.
  • As co-lead trial counsel receiving a unanimous ruling by the Ohio Supreme Court in an election contest action on behalf of the successful candidate for Ohio Attorney General, who won the statewide election by only 1,234 votes.
  • As lead trial counsel In the United States District Court, Northern District of Ohio, for a trustee of a large Northeast Ohio foundation which was the plaintiff for claims for breach of fiduciary duties and Ohio law against the co-trustees of foundation.  This case arose out of the sale of the public company which controlled the foundation and certain related actions taken to spin-off control of the foundation under the lifetime control of some of the trustees.  Highly favorable settlement reached after the first week of a bench trial.
  • Other Representative Matters
  • Steven's clients have succeeded in many cases where he has served as lead counsel before they even went to trial:
  • Represented a publicly held REIT plaintiff in litigation in the United States District Court, Northern District of Ohio, against sellers regarding the earn out portion of the purchase agreement for the sale of a $330 million commercial shopping center development portfolio in Idaho and Utah.  After winning a hotly contested battle over venue and jurisdiction, and after succeeding on motions to dismiss many of the sellers' counterclaims, the matter resulted in a highly favorable confidential settlement.
  • Represented a financial institution with a major national mortgage lending business unit in mortgage fraud related claims in numerous litigations against title companies, closing agents, appraisers and others in claims for breaches of contract, fiduciary duty, fraud and RICO in state and federal courts throughout the United States, all of which resulted in multi-million dollar recoveries.
  • Represented a manufacturer in Ohio State Court in its claim in Ohio State Court for multimillion dollars in damages arising out of the legal malpractice by its law firm, which represented it in trade secret litigation.  The matter was settled confidentially and for a significant insurance limits result.
  • Represented a CT imaging medical practice in defending claims against a major area hospital which asserted breach of contract claims seeking $15 million in damages arising out of a contractual arrangement for the provisions of CT services to the hospital.  The case was then settled confidentially for a significant monetary recovery after the court ruled it would allow the jury to consider the plaintiff's punitive damages claims.
  • Represented the largest manufacturers of packaging machines and materials with domestic and overseas operations as a plaintiff in United States District Court, Northern District of Ohio, in a patent and copyright infringement litigation.  Shortly before trial, the matter settled for consent judgments acknowledging the validity of the disputed patents and a substantial monetary payment under a confidentiality agreement.
  • Represented the limited partner investors in a residential condominium development as plaintiffs in an action in Ohio State Court for legal malpractice action, breach of fiduciary duty and securities fraud claims against the general partner and its law firm.  This matter settled favorably following a unanimous landmark decision in favor of the investors and against the law firm.
  • Represented a large U.S. aerospace manufacturing company against one of the largest Canadian insurance companies involving claims in the United States District Court, Northern District of Ohio for breaches of duty and contract in connection with the termination of a corporate pension plan in place at the time of the sale of the company.  A very favorable confidential settlement was reached only months after instituting the litigation.

Professional & Civic Involvement

Professional Associations

Cleveland Metropolitan Bar Association: President 2003-2004; President-Elect 2002-2003; Vice President 2001-2002; Member, Board of Trustees 1998-2001
American Bar Association: Real Estate Litigation Committee Member and Real Estate Program Sub Committee Co-Chair 2009-2010
National Council of Bar Presidents, Member
Ohio Metropolitan Bar Association Caucus, President 2003-2004
Ohio State Bar Foundation · Fellows Class of 2001

Professional Activities

Member of the Judicial Review Commission for the Northern District of Ohio (recommended appointments to United States District Court, Northern District of Ohio)
Member of the Celebrezze Inn of Court, Master Bencher
Judicial Conference of the Eighth Judicial District, Life Member; Life Member Committee Co-Chair, Seventeenth Conference of the Eighth Judicial Conference, April 2009


Faculty Positions
Adjunct Professor of Law, Case Western Reserve University School of Law, 2007-2009

Community Activities

Member, Transition Team for Mayor Frank Jackson, City of Cleveland Transition Committee on Regional Development, 2005
President, Shaker Heights School District Board of Education 2004-2006; Vice President 2003-2004; Twice elected member of the Shaker Heights School District Board of Education 1997
Member, Shaker Heights School District Finance & Audit Committee 2000-2003
Member, Transition Team of Mayor Jane Campbell, City of Cleveland Transition Committee regarding Cleveland Hopkins International Airport
Member, Transition Team for Ohio Attorney General Lee Fisher for Selection of Chief Counsel, 1990-1991
Leadership Cleveland Class of 1999

Awards & Honors

  • Ranked as one of America's Leading Business Litigation lawyers by Chambers USA (2006 - 2009)
  • Named as one of The Best Lawyers in America in the area of Commercial Litigation (2006-2010)
  • Listed as one Law Dragon’s 500 Leading Lawyers in America (2006)
  • Selected for inclusion in Super Lawyers by Ohio Super Lawyer magazine (2005 - 2010)
  • Named one of the Top 50 Cleveland Area Super Lawyers by Ohio Super Lawyer magazine (2006 - 2009)
  • Martindale-Hubbell • AV Rated
  • Recipient, The Rev. Richard Seering Crossroads Hope Award for contributions to racial fairness reform in Ohio Justice System – The Racial Fairness Project (Sept. 2004)