Summary

Pete is a trial lawyer who has represented clients in litigation matters in many jurisdictions across the United States. Pete has represented clients in a wide variety of contexts, including class actions, False Claims Act lawsuits, strict product liability claims, intellectual property infringement matters, securities matters, shareholder disputes, real estate development and construction disputes, false advertising and unfair competition cases, breach of contract cases, commercial mortgage foreclosures and insurance coverage matters.

Pete advises entrepreneurs, manufacturers, financial institutions, insurance companies, software development and technology companies, large commercial real estate developers, construction contractors and many other businesses in a wide variety of complex litigation matters. Pete is certified in legal project management and uses that knowledge to develop litigation strategies and legal fee estimates designed to achieve client goals and needs.

For nearly 10 years, Pete has also maintained an active mediation practice. As a registered civil mediator, he focuses primarily on resolution of complex commercial and business disputes, including contract claims, product liability claims, insurance coverage disputes, shareholder disputes and business torts. Pete brings over 27 years of litigation and first chair trial experience representing both plaintiffs and defendants to his mediation practice – a unique perspective that he believes instills trust amongst the parties and adds meaningful value to the integrity of the process.

In 2018, Pete represented a Hong Kong consulting firm who was sued in Indiana and obtained a $1.9 Million jury verdict in favor of the client on a counterclaim.

Pete also works as temporary “outside general counsel” for larger corporate clients who have a wide variety of legal needs to ensure the work is properly allocated and completed in the best interests of the client.

Awards

  • AV® Peer Review Rated, Martindale-Hubbell 

  • Honoree, Indiana Super Lawyers (2006 - 2012, 2019)

  • "Forty Under 40" Honoree, Indianapolis Business Journal  (2005)

All Service Areas

Education

  • Tulane Law School (1992)

    Certificate in Environmental Law; Tulane Environmental Law Journal

  • The College of William & Mary (1989)

Admissions

  • State - Indiana
  • Federal - Southern District of Indiana
  • Federal - Northern District of Indiana
  • Federal - Western District of Michigan
  • Federal - U.S. Court of Appeals 7th Circuit

Notable Matters

Litigation

  • New Sunshine, LLC et al. v. Westbridge, Ltd. (Marion Sup. Ct. 2018) obtained a $1.9 million jury verdict for a Hong Kong consulting firm on a counterclaim asserting claims for breach of contract and promissory estoppel.
  • Broussard v. El Paso E & P Co., LP (S.D. Tex. 2014) obtained summary judgment in favor of manufacturer on all claims where Plaintiff sought $10 million in alleged damages.
  • Babybacks International v. The Coca-Cola Company (Marion Sup. Ct. 2007) obtained jury verdict in favor of client in case where opposition sought $37 million.
  • C&P Coal v. ConSol Energy (C. D. Utah 2007) obtained a confidential settlement for buyer of coal mine in breach of contract action.
  • Decatur County Comm'rs v. CIND (US Surf. Trans. Bd 1999) restored rail service to businesses between Indianapolis and Cincinnati.
  • Douglas Realty Advisors, Inc. v. Osco et al. (Marion Superior Ct. 2005) obtained partial summary judgment and confidential settlement after defendant spoliated evidence.
  • American Energy Services v. Elam (S. D. Ind. 2000) obtained a $2.1 million jury verdict for a California business for misappropriation of trade secrets and intellectual property.
  • FGHI et. al. v. Hofmeister (Marion Sup. Ct. 2008) obtained $12 million judgment in favor of client.
  • Fiberlink v. Taishan Fiberglass, Inc. (Marion Sup. Ct. 2003) obtained a confidential settlement after seizing computers and making mirror image copies in a shareholder dispute.
  • Hercules Machinery v. Unisto Oy (N.D. Ind. 2006) obtained confidential settlement for Finnish owner of patent and trademarks of construction device.
  • InteleCom, Inc. v. Mongello et al. (S. D. Ind. 2008) obtained injunction requiring the return of 1.5 million shares of company stock.
  • J&G Investments v. Fineline Holdings (N.D. Ohio 2008) Obtained partial summary judgment establishing liability in favor of investor for wrongful issuance of stop transfer order.
  • Klipsh v. Prabakor (S. D. Ind. 2007) obtained settlement of trademark infringement claims on behalf of California businesses.
  • Living Word Missions, Inc. v. Alanar (Sullivan Cir. Ct. 2005) obtained a class action settlement for three securities businesses and their officers and directors in a securities class action.
  • Mazza v. Smith et al. (Marion Superior Court 1993) obtained punitive damages award for client in tort action.
  • Pizza Express v. Pizza Head (S. D. Ind. 2007) obtained a partial summary judgment on behalf of a franchisee finding license agreement in violation of franchise laws, which lead to successful entry of confidential settlement agreement.
  • Trench Shoring Services of Fl. v. Unisto Oy (C. Dist. Fl. 2007) obtained a confidential settlement for Finnish owner of patent and trademarks of construction device.
  • US Midways et al. v. Balcor et al (Marion Sup. Ct. 2004) obtained a class action settlement for tenants of Union Station in action alleging misuse of tenant monies and mismanagement.
  • Virginia Brougher et al. v. Firstmark et al. (RICO Class action involving the sale of debenture bonds) -- claim for more than $100 million. Client entered into favorable settlement for an undisclosed and confidential amount.

Speeches and Publications

  • "An Unbalanced Approach to the Duty to Warn," The Voice, July 31, 2019, Volume 18, Issue 30
  • “Questionable Strategy – Guns and the Uniform Trade Practices Act," The Voice, April 17, 2019, Volume 18, Issue 15
  • “The Future is Now.... How the Effects of E-Filing Affect Small, Medium & Large Firms,” Indiana State Bar Association Annual Meeting, Sept. 28, 2017
  • “Advanced Civil Litigation Skills,” National Business Institute Conference, Dec. 15, 2016
  • Resolving Business Disputes,” Sept. 18, 2015
  • “Top Trial Tips from 2014,” May 8, 2015
  • “Legal Project Management: A Growing Trend in the Legal Field,” CCLS Education Meeting, May 2015
  • "Damages for the Buyer and Seller: What's It Worth," Indiana Continuing Legal Education Foundation, May 2002
  • "Issues all Physicians Should Consider in Choosing the Right Practice Options," Indiana University School of Medicine, Orthopedic Residency Group, 1998
  • "Current Trends in Employment Law," 1997
  • "Parent Corporation Liability: An Evaluation of the Corporate Veil Piercing Doctrine and its Application to the Toxic Torts Arena," 5 Tulane Environmental Law Journal 605-634, 1992

Professional Affiliations

  • Indiana State Bar Association

    Member
    Past Member, Grievance Committee (2001 - 2008)

  • Indianapolis Bar Association

    Member, Legal Services Advisory Committee

  • American Bar Association

    Member, Trial Practice Committee

  • Indianapolis Bar Foundation

    Distinguished Fellow

  • Defense Research Institute

    Chair, Product Liability Section's Publications Committee (2019)

Community Involvement

  • The Penrod Society

    Member (1995 - present)
    Former Member, Board of Directors (2009 - 2010)
    Former President (2006)

  • Park Tudor School

    Board Member, Alumni Association (2010 - 2013)
    Former Member (2005 - 2007)
    Former Treasurer (2006 - 2007)

  • Stanley K. Lacy Leadership Series

    Member
    Graduate (2002)

  • Stacey Toran Foundation

    Former Member, Board of Directors (2005 - 2007)

  • Leukemia & Lymphoma Society

    Member, Team in Training League Committee (2018)