Jay focuses his practice on commercial and intellectual property litigation. He has represented clients in cases involving business contracts, class actions, constitutional claims, covenants not to compete, intellectual property, unfair competition, and Uniform Commercial Code.
Jay is the chair of the firm's E-Discovery Practice Group and regularly advises clients on the management and discovery of electronically stored information. He is a member of The Sedona Conference® Working Group on Electronic Document Retention and Production and has spoken and written on electronic discovery issues.
Jay clerked for United States Magistrate Judge Mark R. Abel of the United States District Court for the Southern District of Ohio before joining the firm.
Representative Matters
Trade Secrets and Covenants Not to Compete
- Represented equity research firm in obtaining temporary restraining order and stipulated injunction in state court and NASD (now FINRA) proceedings that required group of former employees who had formed competing firm to return trade secret and confidential information and prohibited them from soliciting top customers
- Represented scholastic memorabilia manufacturer in dissolving ex parte temporary restraining order and enforcing covenant not to compete against former sales representative
- Defended national bank in trade secret action in federal court
- Represented wireless telephone retailer in action to enforce covenants not compete and confidentiality agreements against former sales representatives and managers
- Defended survival equipment provider in covenant not to compete action brought in federal court
- Obtained temporary restraining order against former employee requiring the return of all company information after he threatened to publicly disclose trade secret and confidential information
Arbitration
- Tried and won AAA arbitration on behalf of international consumer electronic company in multi-million dollar contract dispute with supplier
- Tried and won AAA arbitration on behalf of automotive component supplier in contract dispute with sub-supplier
- Represented and obtained favorable settlement for automotive component supplier in multi-million dollar contract dispute before the International Centre for Dispute Resolution
- Represented investors in proceedings before the NASD (now FINRA) as a result of a broker's misappropriation of investment funds after obtaining injunctive relief in federal court
Intellectual Property Disputes
- Defended and obtained summary judgment for manufacturer of figurines and collectibles in copyright ownership action
- Obtained favorable settlement for Internet search engine company in trademark infringement action involving keyword advertising
- Represented trademark owner in counterfeiting action that resulted in permanent injunction and money judgment
- Represented trucking software companies in multi-district patent infringement litigation
Other Business Disputes
- Obtained contempt ruling and permanent injunction on behalf of national bank in federal court, thus ending a white collar ring’s attempts to convert $18 million in assets
- Obtained dismissal of punitive class action against national telemarketing company in federal court
- Represented global insurance company in action involving an alleged joint venture to sell title insurance
- Argued and won Sixth Circuit appeal involving claims arising from biomedical research study after obtaining summary judgment in the district court