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.
• Representing a manufacturer of outdoor power equipment in action alleging termination of sales representative agreement in violation of Minnesota’s sales representative statute, Gulliford Sales Co. v. Husqvarna Professional Products, Inc., No. 19-CV-00237 (D. Minn.)
• Representing a manufacturer of wireless two-way radios in action alleging termination of sales representative agreement in violation of California’s Independent Wholesale Sales Representative Contractual Relations Act of 1990, The Sales Group, Inc. v. RELM Wireless Corp., No. 2:17-cv-02347-JAK-FFM (C.D. Cal.).
• Representing a manufacturer of outdoor power equipment in action alleging termination of sales agency agreement in violation of the Texas equipment dealer statute, Relco Military Sales, Inc. v. Husqvarna Outdoor Products, Inc., No. 3:09-cv-1350 (N.D. Tex.).
• 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. Dayton Superior Corp. v. Marjam Supply Co., No. 2:07-cv-05215-DRH-MLO (E.D.N.Y.); Dayton Superior Corp. v. Spa Steel Products, Inc., No. 1:08-cv-01312-FJS-RFT (N.D.N.Y.).
• Represented a manufacturer of material handling equipment in a Minnesota action brought by a dealer involving allegations of breach of contract and violation of the Wisconsin Fair Dealership Law and the Minnesota Heavy and Utility Equipment Manufacturers and Dealers Act. Minnesota Supply Co. v. Mitsubishi Caterpillar Forklift America Inc., 822 F.Supp.2d 896 (D. Minn. 2011) (granting motion to dismiss).
• Defended a manufacturer of material handling equipment in an action brought by a dealer for alleged violation of New Jersey Franchise Practices Act. Maintainco, Inc. v. Mitsubishi Caterpillar Forklift America Inc., No. C-300-00 (Superior Ct., Chancery Div., Bergen City., N.J.).

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, high-pressure laminates, 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, discounts and advertising programs under state and federal price discrimination laws.

Unfair Competition 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. Alice’s Home v. Childcraft Education Corp., 2010 Ohio App. LEXIS 3498 (10th Dist. Sept. 2, 2010).
• Secured summary judgment in a breach of contract claim on behalf of a manufacturer of flooring compounds for commercial construction. Dayton Superior Corp. v. Spa Steel Prods., Inc., 2010 U.S. Dist. LEXIS 100674 (Sept. 23, 2010 N.D.N.Y.).
• 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. IDT Telecom, Inc. v. CVT Prepaid Solutions, 250 Fed. Appx 476 (Oct. 9, 2007 3d Cir).
• Received a favorable decision on a defense motion for summary judgment in a trade secret misappropriation claim involving manufacturing process design. Jedson Engineering, Inc. v. Spirit Construction Services, et al., 2010 U.S. Dist. LEXIS 60642 (June 18, 2010 S.D. Ohio).
• Obtained preliminary injunction for major provider of pharmacy products to long-term care facilities in noncompete case against former salesperson. PharMerica Corp. v. McElyea, 2014 U.S. Dist. LEXIS 64313 (May 9, 2014).
• Represented a manufacturer of metal forgings for heavy-duty truck axles in an action alleging misappropriation by a competitor of trade secrets involving manufacturing processes.
• Secured preliminary injunctive relief for distributor of spine products against former salesman who went to work for competitor.
• Defeated preliminary injunction motion brought by former business partner against provided of secured text messaging services to doctors and hospitals.
• Represented a global chemical manufacturer in a non-compete case involving a former employee living and working in Vietnam.
• Defense of a firearms dealer in litigation pending in federal court in North Carolina involving allegations of trade secret misappropriation and violation of the Computer Fraud and Abuse Act.
• 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.

Other Matters

• On behalf of a pro bono client, briefed and argued an appeal to the Sixth Circuit, resulting in a published opinion concerning application of the United States v. Leon, 468 U.S. 897 (1984) good faith exception to the Fourth Amendment. United States v. Frazier, 423 F.3d 526 (6th Cir. 2005).
• Prosecuted attorneys on behalf of the Certified Grievance Committee of the Cleveland Bar Association, for violation of disciplinary rules and obtained an indefinite suspension in two different cases and a six-month suspension in a case argued before the Ohio Supreme Court.