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OVERVIEW

Kevin R. McDermott
Partner

Columbus

41 S. High Street
Suite 3300
Columbus, OH 43215-6104

P 614-628-1425

F 614-628-1433

OVERVIEW

Kevin R. McDermott
Partner

Columbus

41 S. High Street
Suite 3300
Columbus, OH 43215-6104

P 614-628-1425

F 614-628-1433

Trial attorney Kevin McDermott has spent his entire career resolving substantive commercial and business disputes. As a result, he offers clients the honed negotiation and diplomacy skills, intellectual prowess as an advocate, and talent and artistry at trial required to help resolve even the most serious claims.

OVERVIEW

Kevin R. McDermott Partner

Columbus

41 S. High Street
Suite 3300
Columbus, OH 43215-6104

P : 614-628-1425

Trial attorney Kevin McDermott has spent his entire career resolving substantive commercial and business disputes. As a result, he offers clients the honed negotiation and diplomacy skills, intellectual prowess as an advocate, and talent and artistry at trial required to help resolve even the most serious claims.

Kevin focuses his practice on commercial litigation, constitutional law, securities litigation and business torts. He counsels clients in a variety of industries, including real estate, finance, healthcare and construction. Kevin has more than three decades of experience resolving disputes before various courts, administrative agencies, and arbitration tribunals and in mediation.

Kevin is dedicated to understanding what his clients need to realize a win both in and out of court. He is valued for taking each client’s unique interests and objectives into account when developing a big-picture strategy.

As high-stakes litigation is much like a game of chess, Kevin seeks to remain several steps ahead of his adversary. He knows how to analyze, leverage and present a controversy and steer it toward a successful outcome. He maintains a track record of effectively helping clients, which is grounded in his distinct and formidable litigation experience, the ability to realize tactical advantage, and sheer people skills.

Notably, he served as special counsel to the Ohio Attorney General in an arbitration against numerous tobacco manufacturers where Ohio retained approximately $290 million in payments previously received and obtained an additional $36.5 million award for the state of Ohio. In addition, Kevin also was recognized by Ohio Lawyers Weekly as Ohio Lawyer of the Year for his successful constitutional challenge to a 20-year-old construction racial set-aside statute on behalf of a contractors association client. He has litigated numerous cases involving the award of attorneys’ fees and has served as an expert witness on attorneys’ fees awards.

For more than 25 years, Kevin served an arbitrator for FINRA. He has also prosecuted and defended securities claims in industry arbitrations. Prior to joining Barnes & Thornburg, Kevin was a partner at Schottenstein Zox & Dunn, where he previously chaired the litigation department.

Professional and Community Involvement

Member, Ohio State Advisory Committee for the U.S. Commission on Civil Rights

Member, Ohio State Bar Association

Member, Columbus Bar Association

Past president, The Federalist Society Columbus Lawyers Chapter

Past president, Easter Seals of Central Ohio

Honors

Fellow, American College of Trial Lawyers

Fellow, Ohio State Bar Foundation

Martindale-Hubbell, AV Preeminent

The Best Lawyers in America, 2003-2019

Ohio Super Lawyers, 2004-2019

Who’s Who in American Law

Ohio Lawyers Weekly, Ohio Lawyer of the Year

EXPERIENCE
  • A Barnes & Thornburg attorney represented investment representative in “forgivable” loan matter. The Court of Appeals affirmed vacating cognovit note judgment against brokerage firm employee based upon a “forgivable” loan. The court held that by making the arbitration provision of the National Association of Securities Dealers a prerequisite for employment, the brokerage firm was barred from seeking a cognovit judgment in court when the broker terminated his employment. McDonald Investments, Inc. v. Fearn, 2002 WL 334882, 2002-Ohio-898, Ohio App., 5th Dist. (This matter occurred prior to the attorney joining Barnes & Thornburg LLP.)
  • A Barnes & Thornburg attorney represented a broker-dealer in federal court proceeding brought by customers seeking to vacate an arbitration award rendered in NASD (National Association of Securities Dealers) arbitration proceedings. Worthington Venture Fund, Inc. v. Public Securities, Inc., Case No. C-2-02-CVH-505 (S.D. Ohio 2004). (This matter occurred prior to the attorney joining Barnes & Thornburg LLP.)
  • A Barnes & Thornburg attorney represented a construction trade association in a case involving prevailing party attorney fees award in connection with a successful equal protection challenge to a construction set-aside statute. This case decided two issues of first impression in the Sixth Circuit. First, attorney fees awarded pursuant to 42 U.S.C. § 1983, accrue post judgment interest under 28 U.S.C. § 1981, and second, interest accrues from the date of judgment that the prevailing party is found to be unconditionally entitled to an award of attorney fees. Associated General Contractors of Ohio, Inc. v. Drabik, 250 F.3d 482 (6th Cir. 2001). (This matter occurred prior to the attorney joining Barnes & Thornburg LLP.)
  • A Barnes & Thornburg attorney represented a former executive in a million-dollar breach of contract action. The Court of Appeals affirmed the trial court’s judgment in the amount of $1.3 million for breach of employment contract. In addition, the Court of Appeals affirmed the trial court’s finding that the former employer waived its right to arbitrate the claim under the employment agreement. Stoll v. United Magazine Co., 2004 WL 1109718, 2004-Ohio-2523, Ohio App., 10th Dist. (This matter occurred prior to the attorney joining Barnes & Thornburg LLP.)
  • A Barnes & Thornburg attorney represented a major retailer in arbitration involving consumer complaints. The Court of Appeals affirmed the trial court’s judgment referring consumer complaints to arbitration and holding that consumers were not entitled to a jury trial on the issues of making the arbitration agreement or failure to perform it. Cheney v. Sears Roebuck & Co., 2005 WL 1515388, 2005-Ohio-3283, Ohio App. 10th Dist. (This matter occurred prior to the attorney joining Barnes & Thornburg LLP.)
  • A Barnes & Thornburg attorney represented a relief defendant in injunctive action brought by Securities and Exchange Commission in connection with a Ponzi scheme. Securities and Exchange Commission v. Cummings, Case No. C2-02-629 (S.D. Ohio 2004). (This matter occurred prior to the attorney joining Barnes & Thornburg LLP.)
  • A Barnes & Thornburg attorney represented a will beneficiary in physician/patient privilege dispute. On behalf of client, Mr. McDermott obtained reversal of the trial court’s refusal to produce medical records of deceased in will contest pursuant to the physician/patient privilege contained in R.C. § 2317.02. The Court of Appeals held that when the executor filed the application to probate the decedent’s will the executor waived his privilege to assert the physician/patient privilege for the decedent. Janes v Janes, 2001 WK 704456, Ohio App. 5th Dist. (This matter occurred prior to the attorney joining Barnes & Thornburg LLP.)
  • A Barnes & Thornburg attorney represented customers in arbitration. An arbitration award of $368,000 was granted to investors against broker and broker-dealer based upon claims of suitability, churning, negligence, and breach of fiduciary duty.Collins v. SG Cowan Securites Corp., NASD Case No. 01-01873. (This matter occurred prior to the attorney joining Barnes & Thornburg LLP.)
  • A Barnes & Thornburg attorney represented real estate developer in a third party action brought in connection with a housing development built on a former shooting range. Claims were brought under CERCLA and various state law statutes. Ryland Group, Inc. v. Payne Firm, Inc., 492 F.Supp.2d 790; 2005 U.S. Dist. LEXIS 45376. (This matter occurred prior to the attorney joining Barnes & Thornburg LLP.)
  • A Barnes & Thornburg attorney represents condo association and owners in an injunction proceeding followed by two-week jury trial against developers of a residential condominium project. Issues of first impression under the Ohio Condominium Act included rights of the unit owners to assume control of the Board, the standing of the Board and unit owners, respectively, to pursue various types of claims against the developers and the proper parties entitled to recover for numerous construction defects against the developers. Mansions Condominium Unit Owners Ass’n v. Talbott, et al, Franklin County Common Pleas Ct. Case No. 88 CV 007525. (This matter occurred prior to the attorney joining Barnes & Thornburg LLP.)
  • A Barnes & Thornburg attorney successfully defended a major magazine shareholder and director and obtained the dismissal of a fraudulent conveyance and preference transfer action that was brought against several directors and shareholders of a magazine and periodical wholesaler. The plaintiffs had sought a multi-million dollar judgment against these directors and shareholders. TV Guide Distribution, Inc. et al., v. Scherer, et al., Case No. 02-CVH-09-9819 (Franklin Co. C.P.). (This matter occurred prior to the attorney joining Barnes & Thornburg LLP.)
  • A Barnes & Thornburg attorney successfully defended a mortgage company and obtained summary judgment in favor of the client declaring that the client’s recorded mortgage securing a $225,000 loan had first priority despite the existence of a prior unrecorded mortgage. The decision granting summary judgment was affirmed on appeal. The Guarantee Title & Trust Co. v. American Mortgage Solutions, Inc., et al., Case No. 00CAE12036, 2001 Ohio App. LEXIS 3690. (This matter occurred prior to the attorney joining Barnes & Thornburg LLP.)
  • A Barnes & Thornburg attorney successfully represented a guardian against challenge to the appointment brought by a daughter of the ward. The Ohio Supreme Court affirmed the holding of the Court of Appeals that Appellant lacked standing to appeal. In Re: Guardianship of Santrucek, 120 Ohio St. 3rd 67, 2008-Ohio-4915 (2008). (This matter occurred prior to the attorney joining Barnes & Thornburg LLP.)
  • Advice and counsel to numerous securities brokers and broker-dealers in connection with changing employers in the securities industry. Representation included trade secret, confidential information issues, fiduciary duty considerations, customer solicitation matters and participation in court litigation and ancillary arbitration proceedings.
  • Barnes & Thornburg attorneys represented the State of Ohio and received a favorable arbitration award from a panel of three retired federal judges in a matter known as the 2003 NPM Adjustment Proceedings Under the Master Settlement Agreement. The arbitration proceedings began in 2010 and initially involved 52 states and territories and 17 tobacco companies. After various dismissals and settlements, individual state hearings were conducted by the panel for 15 states. Ohio was one of nine states which prevailed in the individual state hearings. As a result of the award, Ohio will retain approximately $290 million in payments previously received and were subject to forfeiture in the event of an adverse result. Ohio will receive an additional $36.5 million currently held in escrow. This arbitration concludes disputes between the states and the tobacco industry for the year 2003. The firm is about to embark on a similar arbitration for the year 2004, which involves approximately $1.1 billion in disputed payments.
  • Mr. McDermott represented a large real estate firm before the Public Utilities Commission of Ohio and the Ohio Supreme Court. After agreeing to an order to perform construction work at a railroad crossing in the Columbus, Ohio Arena District, a railroad later tried to avoid its obligations by arguing the Commission lacked jurisdiction over the crossing. The real estate firm moved to intervene in the proceedings before the Commission and, working in cooperation with the City of Columbus, helped convince the Commission that its jurisdiction was proper. When the railroad brought two separate actions before the Ohio Supreme Court seeking to overturn the Commission’s decision, Mr. McDermott again moved on the real estate firm’s behalf to intervene and dismiss. The Ohio Supreme Court dismissed both actions. State ex rel. Norfolk Southern Railroad Co. v. Pub. Util. Comm’n of Ohio, Ohio Su. Ct. Case No. 06-291; Norfolk Southern Railway Co v. Pub. Util. Comm’ of Ohio, Ohio Su. Ct. Case No. 06-521 (Appeal fromPUCO Case NO. 05-297-RR-FED). (This matter occurred prior to the attorney joining Barnes & Thornburg LLP.)
  • On behalf of construction trade association, a Barnes & Thornburg attorney successfully filed an equal protection constitutional challenge to 20-year-old construction racial set-aside statute. A permanent injunction issued by the District Court was affirmed by the United States Court of Appeals for the Sixth Circuit. Associated General Contractors of Ohio, Inc. v. Drabik, 214 F.3d 730 (6th Cir. 2000). (This matter occurred prior to the attorney joining Barnes & Thornburg LLP.)
  • The trial court granted client summary judgment motion dismissing claims that he was liable for a finder’s fee in connection with a joint venture to manufacture and sell athletic apparel pursuant to a license from the National Football League. After conducting a multi-day evidentiary hearing and finding that numerous allegations in the pleadings were without a basis in fact, the trial court imposed monetary sanctions against two attorneys under Rule 11 in the amounts of $2500 and $250, respectively. On appeal, the amount of sanctions were found to be an abuse of discretion by the Sixth Circuit which increased the sanctions award to $29,294.87 and $3,447.37, respectively. Rentz v. Dynasty Apparel Industries, Inc., 556 73rd 389 (6th Cir 2009). (This matter occurred prior to the attorney joining Barnes & Thornburg LLP.)
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