Professional Experience

• Represents businesses and individuals in employment matters, with an emphasis on covenants not to compete, covenants not to solicit, employment agreements, compensation plans and employee handbooks.

• Represents businesses and individuals in commercial litigation involving breach of contract, shareholder disputes, trade secrets violations, employment litigation, EEOC claims, trucking litigation.

• Represents business owners in mergers, acquisitions, asset sales, purchases, services contracts, real estate transactions, and exit planning.

• Represents financial institutions and borrowers in loan transactions.

• Represents bonding companies in performance and construction bonds.

• Represents logistics companies in Third Party Logistics Agreements, Broker/Carrier Agreements, Shipper/Broker Agreements, and Shipper/Carrier Agreements.

• Represents Auto Racing Team and Drivers in contractual transactions and disputes.

• Adjunct professor teaching secured transactions at McKinney School of Law.

Bar Admissions

• Indiana, 1985

• U.S. District Courts, Northern and Southern Districts of Indiana, 1985

Education

• Vanderbilt University, B.A., 1982

• Indiana University School of Law, J.D., 1985

• Phi Delta Phi

• Indianapolis Bar Association (Member, Commercial and Bankruptcy Law Section)

• Indiana State Bar Association

• Indiana Association for Corporate Renewal

• Federation of Defense and Corporate Counsel

• Penrod Society (Former President)

• International School of Indiana Board of Directors

• Brebeuf Jesuit Dad's Club

• Aspire House

• Aspire Higher Foundation

• Author, "High Tech Companies - Next Wave of Labor Litigation?" Indiana Lawyer (2000).

•   Author, "Current Trends in Non-Competition and Non-Solicitation Agreements," Defense Trial Counsel of Indiana Newsletter (Winter, 1998/1999).

• Author, "Just Business' or Tortious Interference?" Indiana Lawyer (1998).

•  Author, "Business Litigation: How to Avoid or Manage the Process," Indiana Business (May,1997).

Published Cases

• MYR Equipment, LLC v. Plant Site Logistics, Inc., 2019 WL 4060100 (S.D. Ind. Aug. 28, 2019)

• American Seeds, LLC v. Daily Feed & Grain, Inc., 2018 WL 10246996 (S.D. Ind. Nov. 29, 2018)

• Charles Schwab & Co., Inc. v. Staley et al., 2015 WL 5567172 (S.D. Ind. Sept. 22, 2015)

• Wells Fargo Insurance, Inc. v. Land, 932 N.E.2d 195 (Ind. Ct. App. 2010)

• Dicen v. New Sesco, Inc., 839 N.E.2d 684 (Ind., 2005)

• Dicen v. New Sesco, Inc., 806 N.E.2d 833

• Homes By Pate, Inc. v. DeHaan, 713 N.E.2d 303

• Indiana Ins. Co. v. Hussey Seating Co., 176F.R.D. 291, 40 Fed.R.Serv.3d 265

• City of Alexandria v. Allen, 552 N.E.2d 488

• Wells Fargo Ins., Inc. v. Land, 932 N.E.2d 195

• Sheaff Brock Investment Advisors, LLC v. Morton, 7 N.E.3d 278

Representative Cases

• Represented transport logistics company in multiple transactions, including lease agreements and service contracts. Negotiated forbearance agreement on behalf of Bank against roofing company. Guided Bank through multiple transactions preliminary to take out financing being obtained by borrower.

• Represented insurance company in acquiring resolution of multiple performance and payment bond claims on behalf of surety and pursuing indemnity claims against indemnitors.

• Represented construction company in negotiation of settlements with secured creditors and sureties and also protection of indemnitors.

• Negotiated and documented unwinding of industry-wide rollup on behalf of former owners of collision repair company. Guided former owners through reacquisition of constituent companies.

• Represented various employers seeking to enforce non-competition and non-solicitation agreements. Conversely our attorneys represented employees in trial who are subject to non-competition and non-solicitation agreements with their former employers.

Represented Bank in bankruptcy and related litigation involving developer and investors with over nine million dollars in exposure. Guided Bank through bankruptcy, recovery, and claims against title insurance companies insuring title in companies involved in fraudulent transfers. Pursued multiple borrowers who provided credit to debtor on behalf of Bank.