GILES
LENOX

Areas of Practice

We are trial lawyers. We litigate high stakes, "bet-the-company" lawsuits in a variety of areas. We add value by offering creative, timely and strategic advice to help solve complex legal issues and achieve our clients' goals. We routinely collaborate with clients to assess the case and develop litigation strategies, then implement the plan with efficiency. We strive to produce favorable results for our clients at trial or on appeal, but also favorable settlements when appropriate.

As arbitration is now a popular form of dispute resolution, we utilize our trial skills in arbitrations across the United States. Clients trust us with their complex issues and biggest litigation, because we have the experience and resolve necessary to succeed, whether in or out of the courtroom.

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Alternative Dispute Resolution

More and more, individuals and businesses are utilizing non-judicial means to resolve disputes (including arbitration and mediation), as these mechanisms can decrease litigation costs, and in the case of mediation, reduce adversarial posturing.

We seek the best solutions for our clients, which may include mediation, arbitration, or other methods of resolution. The attorneys at Giles Lenox have mediated disputes using the top mediators in the country in some of the biggest cases, as well as using local mediators in appropriate cases. We’ve tried cases to conclusion using AAA case arbitrators. Of course, if needed, we have the experience and resources to get your case to verdict.

We also have experience as third-party neutrals for early case evaluations, as mediators and arbitrators in court-appointed proceedings and FINRA hearings, and in other neutral advisory or decision-making roles. Our attorneys believe in mediation so much that we donate our time and services as volunteer mediators with the Common Pleas Court of Hamilton County, Ohio and the District Court for the Southern District of Ohio.

Appellate Practice

The facts of life are that regardless of whether you win or lose a case, a party (or both parties) often appeals the decision. Because we litigate so many cases, we have handled dozens of appeals in federal and state courts that have produced published decisions establishing important precedents for future cases. Our published cases include:

  • Yellowbook Inc. v. Brandeberry, 708 F.3d 837 (6th Cir. 2013)
  • Five Star Fin. Corp. v. Merchs. Bank & Trust Co., 2013-Ohio-3097 (Ohio Ct. App. 2013)
  • Richland Auto Group, Inc. v. Fifth Third Bank, 2012-Ohio-3060 (Ohio Ct. App. 2012)
  • Merchs. Bank & Trust Co. v. Five Star Fin. Corp., 195 Ohio App. 3d 42 (Ohio Ct. App. 2011)
  • Fifth Third Bank v. Q.W.V. Properties, LLC, et al., 2011-Ohio-4341 (Ohio Ct.App. 2011)
  • Huntington Nat'l Bank v. Winter, 2011-Ohio-1751 (Ohio Ct. App. 2011)
  • Cowit v. Cellco P'ship, 181 Ohio App. 3d 809 (Ohio Ct. App. 2009)
  • Fifth Third Bank v. Richard K. Rose, et al., 2008-Ohio-3919 (Ohio Ct. App. 2008)
  • State ex rel. Givaudan Flavors Corp. v. Nadel, 2007-Ohio-5971 (Ohio Ct. App. 2007)
  • Gabriel Performance Prods., LLC v. Cognis Corp., 2007-Ohio-2307 (Ohio Ct. App. 2007)
  • Pupco Property Management d/b/a R.P. McMurphy's Irish Pub v. The City of Cincinnati, 2007-Ohio-1315 (Ohio Ct. App. 2007)
  • SuperValu Holdings, Inc. v. Jackson Ctr. Assocs., LP, 2006-Ohio-3472 (Ohio Ct. App. 2006)
  • IBM v. Omnicare, Inc., 162 Fed. Appx. 432 (6th Cir. 2006)
  • One Beacon Ins. Co. v. Broad. Dev. Group, Inc., 147 Fed. Appx. 535 (6th Cir. 2005)
  • SuperValu Holdings, Inc. v. Jackson Ctr. Assocs., LP, 2004-Ohio-4314 (Ohio Ct. App. 2004)
  • Phillips v. Pa. Gen. Ins. Co., 2004-Ohio-2540 (Ohio Ct. App. 2004)
  • Thompson v. Hartford Fire Ins. Co., 2004-Ohio-281 (Ohio Ct. App. 2004)
  • Armbruster v. CGU Ins., 2003-Ohio-3683 (Ohio Ct. App. 2003)
  • Walker v. Hartford Fire Ins. Co., 2003-Ohio-2545 (Ohio Ct. App. 2003)

Further, we often participate in appellate mediation and settlement programs when our clients’ interests are best served by resolving a matter before an appellate decision.

Our extensive appellate experience further helps to shape our trial court practices, and assists in devising our litigation strategy with preparation of important pre-trial motions, class certification issues, and summary judgment, as well as in the development of the record, the preservation of evidentiary issues, and the drafting of jury instructions. We handle interlocutory appeals and writ petitions when our clients need immediate relief from higher courts. Finally, we assist clients in deciding whether to appeal and what issues to raise, and the risks and benefits associated with an appeal.

Class Action Litigation

We regularly represent clients in class actions, both on the plaintiff and defense side.  Our class action experience spans jurisdiction, subject matter, and industry focus. We have successfully prosecuted and defended cases asserting high-exposure claims in jurisdictions across America, including consumer, securities and ERISA, products and derivative claims.

Class actions are unique, with rules and procedure unlike other areas of the law, and we are well versed in them.  We also have worked with the “who’s who” of the plaintiffs’ class action bar, so we are familiar with the various players in the industry.

We understand that not all class actions can be handled alike, and that litigation costs can spiral exponentially very quickly. We therefore work with our clients to develop and execute strategies specifically tailored to their needs and the specific circumstances they encounter. While we often try cases, we appreciate that there are many ways to resolve a class action successfully, which may include an early settlement where appropriate, often using skilled mediators.

Banking and Financial Institution Litigation

In today’s world, banks and financial institutions are often the first to be sued. These lawsuits often are of the lender liability variety and we have the necessary skill and experience to prosecute or defend these actions, including claims brought by one financial institution against another. Many of the claims center on breach of contract, breach of good faith and fair dealing, breaches of various duties and negligent or fraudulent lending practice claims.

We’ve litigated virtually every sector of banking industry, including loans involving commercial real estate, construction, inventory, automobile floor plans, airplanes and boats, farms, SWAPs, and many others. And this representation spans national, regional and local institutions, as well as syndications and credit unions.

Lenders and other secured creditors rely on loan documents to enforce loans, and we regularly represent parties concerning the enforceability of loans and guarantees, the effectiveness of confession of judgment clauses, the appropriateness of contractual interest rates, and repossession of collateral. We also have litigated foreclosure actions and represented court appointed receivers in a variety of settings.

Often hand-in-hand with our banking and financial institution practice, we offer extensive experience and an in-depth knowledge of bankruptcy law in the handling of complex bankruptcy disputes. We have appeared in federal bankruptcy courts across the country, and our representation has included debtor-in-possession lending, plan confirmation disputes, Section 363 sales of the business and fraudulent conveyance claims.

Broker/Dealer and other Securities Litigation

Our attorneys offer a wide range of securities-related services to major corporations, corporate executives, auditors, law firms, attorneys, securities firms, portfolio managers, and individual investors accused of insider trading and other professional industry violations. We have represented clients in investigations of alleged securities violations involving accounting, financial fraud, and “cooked book” cases; brokerage firm trading practices; brokerage firm underwriting practices; insider trading; manipulation; investment advisor activities; and securities offerings.

In addition, we have represented clients in individual damage actions and class actions relating to federal and state securities laws, and have assisted in conducting federal securities-law-related internal investigations.

Construction Litigation

Disputes and claims in construction projects are often unavoidable, given the number of players, the unpredictability in weather and the frequent movement in material and labor costs. We have experience handling construction contract and warranty disputes, subcontractor liability, delay and extra work claims, defective design and construction claims, mechanic’s lien claims, and employee and third-party personal injury claims. Our experience and knowledge of the construction industry and ever-changing law helps us to achieve successful results for our clients.

Intellectual Property Litigation

The goodwill built into your brand is oftentimes your most valuable asset, and we have deep experience helping clients as both plaintiffs and defendants protecting those brands through claims of trademark and trade dress infringement, as well as unfair competition, false advertising, and misappropriation of trade secrets. We have litigated both jury and bench trials in federal and state courts in several states. We provide both client service and legal acumen at the highest levels, while operating more efficiently than our competitors.

Litigation Representing Plaintiffs

Our practice is not limited to representing defendants. In fact, we believe that representing both plaintiffs and defendants in high-stakes litigation broadens our perspective, and makes us much stronger trial lawyers. We can anticipate the other side’s arguments, which produce results for our clients.

We have represented plaintiffs in a broad range of matters, including catastrophic personal injury matters, consumer class actions, intellectual property disputes, breach of contract, covenants not to compete and trade secret cases, and have recovered millions of dollars on their behalves.

Product Liability and Mass Tort Litigation

We understand the science behind many toxic exposure cases and have the background and experience to learn the science surrounding new chemicals quickly and efficiently.  We have litigated claims involving a broad range of substances, including diacetyl, benzene, silica, asbestos, solvents, and volatile organic compounds. We also know which experts to hire and how to work with them to deploy a winning scientific strategy.  We have deep relationships with experts in the fields of toxicology, epidemiology, industrial hygiene, state of the art, exposure modeling, and property damage valuation. Our deep knowledge of the science, coupled with our tested trial experience, results in strong and effective advocacy of our clients’ positions.

Real Estate Litigation

We have extensive experience in all areas of real estate litigation, including arbitrations, administrative proceedings, jury and bench trials, and appeals. We handle a wide range of real estate disputes and have deep experience in title disputes, land use disputes, commercial leases, insurance claims, real estate class actions, real estate partnership disputes, specific performance actions, and landlord/tenant disputes. We have represented a wide variety of clients, including commercial and multi- and single-family residential developers; mortgage banking/consumer finance companies; real estate brokers and property managers; title companies and property owners ranging in size from sole proprietors to publicly traded companies. We often counsel clients on ways to prevent litigation, but when it does occur our litigators advocate our clients’ positions aggressively and effectively.