DAVID J. BUTLER, co-chair of the firm's Litigation Department, is a business trial lawyer experienced in a wide range of commercial legal matters including contract disputes, business torts (such as tortuous interference and breach of fiduciary duty), majority/minority close corporate shareholder disputes, trademark and trade dress law, civil rights laws, “Sunshine” and Open Meeting laws, constitutional law, administrative law, employment law (with an emphasis on non-compete agreements), professional negligence/malpractice, real estate coverage disputes and bad-faith insurance claims. His practice includes representing clients before state and federal trial and appellate courts, as well as before state agencies.

Representative Experience

• Member of the firm’s special counsel group for the State of Ohio in the “national tobacco litigation,” contributing significantly to the record setting $10 billion settlement for the State of Ohio
• Represented international lawn and garden company in successful enforcement actions involving Lanham Act violations and trademark/trade dress infringement
• Represented state university in successful defense of discrimination and 42 USC §1983 claims by ex-student
• Appointed receiver by a state court and appointed special master by a federal district court in receivership and class action matters related to a multi-million dollar ponzi scheme; Successfully collected millions of dollars for over 600 fraud victims as court-appointed receiver
• Represented Fortune 1000 national fast food restaurant in substantial recovery from its insurer in coverage dispute
• Representation of commercial photographer in copyright infringement case against large national companies
• Represented Fortune 500 company in successful defense of a disappointed bidders’ fraud and open meetings act challenge to the state award of an 8 year, $45 million contract to provide electronic benefits transfer services to more than 450,000 Ohio food stamp recipients
• Represented the Ohio Department of Insurance in the successful seizure and takeover of Ohio’s leading medical malpractice insurer
• Represented large hair salon and day spa in numerous matters successfully enforcing non-competition and non-solicitation agreements
• Represented numerous minority shareholders of closely held corporations successfully in disputes involving a majority shareholder’s breach of fiduciary duty, “squeeze-outs,” self-dealing and unlawful oppression of minority shareholder rights
• Represented various insurance company executives in professional negligence actions brought by the Ohio Department of Insurance
• Represented municipal nonprofit corporation that owns and operates electric facilities in successful admiralty matter related to recovering substantial damages it incurred as a result of a barge accident on the Ohio River
• Represented regional short-line railroad company in successfully defending decision of Ohio Rail Development Commission awarding contract for operation of state-owned rail line
• Represented regional short-line railroad company in successfully defending decision of Ohio Rail Development Commission awarding contract for operation of state-owned rail line in two extended trials and multiple appeals over five year period

Achievements and Awards

• AV Peer Review Rated by Martindale-Hubbell
• Listed as a Rising Star by Ohio Super Lawyers (2005 – 2012)
• Recipient, Columbus Bar Association Community Service Award (Under Age 36) (2004)
• Recipient, Business First’s “Forty under 40” award for notable professional success and volunteer efforts (2004)

Professional Memberships and Community Service

• Columbus Bar Association, Judicial Screening Committee; Barrister Leadership Program, Past Participant
• Ohio Bar Association
• American Bar Association
• Federal Bar Association
• American Inns of Court
• American Heart Association, Columbus Metro/Central Ohio Division of the Great Rivers Affiliate; Past President (2006– 2008); Board Member (2000 – Present); Recruitment Committee (2006 – Present)

Speeches and Publications

• “All Majority Shareholders Should Be Aware of Their Responsibilities” Columbus Business First, October 27, 2006
• “With Law On Their Side, Businesses Should Fight Insurance Claim Denials” Columbus Business First, December 22, 2009  

Other Professional Experience

• Extern to the Honorable Justice Paul E. Pfeifer, Ohio Supreme Court
• Extern to the Honorable Magistrate Judge Barry S. Seltzer, United States District Court, Southern District of Florida