A representative sampling of Jen’s experience includes the following:
Antitrust and Dealer or Sales Representative Termination Cases
- Representing utility companies in action alleging price fixing by four Class I railroads, In re Rail Freight Fuel Surcharge Antitrust Litigation.
- Obtained dismissal of counterclaims alleging price discrimination under the Robinson-Patman Act for a publicly traded distributor of thermoplastic resins.
- Defended a manufacturer of flooring compounds for commercial construction applications against counterclaims alleging secondary-line price discrimination under the Robinson-Patman Act.
- Represented manufacturers of material handling, equipment and outdoor power equipment in litigation brought by dealers in several states involving, among others, the New Jersey Franchise Practices Act (NJFPA), Wisconsin Fair Dealership Law (WFDL), Texas Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act and the Minnesota Heavy and Utility Equipment Manufacturers and Dealers Act (MHUEMDA).
- Defended manufacturers in actions alleging termination of sales representative agreements in violation of sales representative statutes in Minnesota, Ohio, Texas, California and other states.
Counseling on Antitrust, Product Distribution and Competition Matters
- Drafting and advising on the terms of dealer, distributor, sales representative and other product distribution or supply arrangements for clients engaged in the manufacture or supply of welding equipment, outdoor power equipment, heavy equipment, high-pressure laminates, apparel, hair care, material handling equipment and medical products.
- Providing guidance to manufacturing clients on termination or appointment of dealers and distributors in the United States and internationally.
- Advising manufacturing clients on the legality of product distribution restraints.
- Counseling clients on product pricing, MAP, discounts and advertising programs under state and federal price discrimination laws and internet sales policies.
Unfair Competition, Advertising and Trade Secret Litigation
- Obtained a directed verdict for a leading provider of early childhood products and furniture after a two-week trade secret misappropriation trial that was affirmed on appeal.
- Successfully defended a preliminary injunction motion on behalf of a defendant in Lanham Act false advertising litigation filed in New Jersey federal court. Decision affirmed on appeal to the Third Circuit.
- Obtained preliminary injunctions for major providers of pharmacy products and distributor of spinal devices against former salespersons who went to work for competitors.
- Defeated preliminary injunction motion brought by former business partner against provider of secured text messaging services to doctors and hospitals.
- Obtained summary judgment for a publicly traded provider of engineering, construction and technical services to government agencies and private sector companies around the world in a case involving allegations of copyright infringement, trademark infringement, unfair competition, tortious interference and breach of contract.
- After a three-week trial, but prior to a jury verdict, secured a successful settlement for an engineering design company in a case involving the alleged copyright infringement of architectural plans for a tissue manufacturing plant and violation of the Computer Fraud and Abuse Act. Received a favorable decision on a defense motion for summary judgment in a trade secret misappropriation claim involving manufacturing process design in the same matter.
- “Supreme Court Ultimately Declines to Decide Attorney-Client Privilege Case,” Thompson Hine Business Litigation Update, January 2023
- “FTC Investigating Price Discrimination Under Long-Dormant Robinson-Patman Act,” Thompson Hine Antitrust Law Update, January 2023
- “Supreme Court Hears Oral Argument in Most Consequential Attorney-Client Privilege Case in Decades,” Thompson Hine Business Litigation Update, January 2023
- “No-Poach Provision Found Unenforceable by Pennsylvania Supreme Court,” Thompson Hine Antitrust Law Update, May 2021
- “Selling Through Dealers – Antitrust Guidelines for Manufacturers,” Thompson Hine Antitrust Law Guidelines, April 2021
- Co-author, “Current State of Affairs in No-Poach Enforcement: Is Criminal No-Poach Prosecution Finally on the Horizon?” Thompson Hine Business Law Update, Winter 2021
- Co-author, “Novel COVID-19 Virus, Commercial Contracts and Force Majeure,” Thompson Hine Business Litigation Update, March 2020
- Co-author, “DOJ Steps Up Antitrust Enforcement,” Crain’s Cleveland Business, January 18, 2020
- “Antitrust Agencies Release New Vertical Merger Guidelines,” Thompson Hine Antitrust Law Update, January 2020
- Co-author, “Justice Department Emphasizes Antitrust Enforcement Through Creation of Multi-Agency and Bid-Rigging Strike Force,” Thompson Hine Antitrust & Government Contracts Update, November 2019
- “United States: Vertical Restraints,” published in The Antitrust Review of Americas, Global Competition Review, 2018
- “Court Denies Class Certification in Rail Freight Fuel Surcharge Antitrust Litigation,” Thompson Hine Transportation Update, October 2017
- “The Defend Trade Secrets Act: Consequences for Trade Secret Litigation,” Thompson Hine Business Litigation Update
- “Supreme Court Clarifies False Advertising Standing,” Thompson Hine Unfair Competition Update
- “State Dealer Protection Statues Do Not Override Contractual Choice of Form,” American Bar Association, Antitrust Section Distribution and Franchising Committee Distribution Newsletter
- Editor, “Chapter VII Adjunct Claims and Defenses,” The Franchise and Dealer Termination Handbook, Second Edition, American Bar Association
- Co-presenter, “Legal Ethics: Expectations and Client Communications,” myLawCLE, August 2023
- Co-presenter, “Hot Topics in Antitrust,” Thompson Hine Competition Cafe Podcast Series, May 2022
- Co-presenter, “Presidential Executive Order Targets Changes in Antitrust Enforcement,” Thompson Hine Competition Cafe Podcast Series, April 2022
- Co-presenter, “Mitigating Supply Agreement Risks: Structuring Defense, Indemnity, and Insurance Provisions, Allocating Liability Between Manufacturers, Suppliers, and End Sellers; Maximizing Insurance Coverage for Losses,” Strafford Webinar, February 16, 2021
- “Certifying Antitrust Class Actions: Applicability of Daubert at Class Certification,” Fifth Annual Great Lakes Antitrust Institute
- “Till Death – Or Later – Do You Part: Tips To Manage The Risk And Structure Your Relationships With Distributors And Sales Representatives,” OSBA Annual Convention, Antitrust Section
- “Keeping Clients Out of Trouble in Troubled Economic Times: How Antitrust Laws Apply to Business Strategies in an Economic Downturn – Vertical Restraints,” OSBA Annual Convention, Antitrust Section
- “Taking and Defending Effective Depositions in Ohio,” Independence, Ohio
- “Motion Law: From Basic to Advanced Procedures,” Cleveland, Ohio
- Listed as a Litigation Star by Benchmark Litigation, 2023
- Selected for inclusion in Chambers USA: America’s Leading Lawyers for Business, Litigation: General Commercial, Ohio, 2021-2023
- Selected for inclusion in The Best Lawyers in America© 2016-2022 for Commercial Litigation; 2023, 2024 for Antitrust Law and Commercial Litigation
- Selected to the Ohio Super Lawyers list, 2022, 2023
- Selected to the Ohio Rising Stars list, 2010-2015
- YWCA Women of Professional Excellence, 2010
- American Bar Association
- Editorial Board, Annual Review of Antitrust Law Developments, American Bar Association’s Antitrust Section, 2013-2017
- National Institute of Trial Advocacy Deposition Skills Programs, Instructor
- PetFix Northeast Ohio, Board of Directors, May 2010 to present
- Mobilize the Vote, volunteer
- Pet Partners, volunteer, 2009-2021
- YWCA Women’s Leadership Boot Camp, Class of 2009-2010
- Cleveland Bridge Builders, Class of 2007-2008
- Therapy Dogs International, volunteer, 2001-2009
- Northwestern University School of Law, J.D., 2001
- Duke University, A.B., 1997, cum laude
- U.S. District Court for the Northern District of Ohio
- U.S. District Court for the Southern District of Ohio
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Supreme Court
- Supreme Court Ultimately Declines to Decide Attorney-Client Privilege Case,
Business Litigation Update, January 27, 2023
- FTC Investigating Price Discrimination Under Long-Dormant Robinson-Patman Act,
Antitrust Law Update, January 18, 2023
- Supreme Court Hears Oral Argument in Most Consequential Attorney-Client Privilege Case in Decades, January 9, 2023
- No-Poach Provision Found Unenforceable by Pennsylvania Supreme Court,
Antitrust Law Update, May 3, 2021
- Selling Through Dealers – Antitrust Guidelines for Manufacturers,
Antitrust Law Guidelines, April 30, 2021
- Thompson Hine Helps Overturn ‘Unequal’ Transgender Policy,
Law360, February 8, 2021
- Business Law Update – Winter 2021,
Thompson Hine Newsletter, January 14, 2021
- Chemical Industry Regulatory Update – March 2020,
A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP, March 20, 2020
- Force Majeure & Commercial Contracts,
Bloomberg Law, March 12, 2020
- Novel COVID-19 Virus, Commercial Contracts and Force Majeure,
Business Litigation Update, March 5, 2020