Overview

“He's incredible, knows the law and how in-house counsel work." - Litigation: General Commercial Client, Chambers USA

Practice Areas

Jim focuses his practice on litigation and competition law—resolving disputes and managing the relationships among businesses at all levels of the distribution chain. He counsels clients on distribution, antitrust, intellectual property, franchising, and licensing matters. Jim has particular experience handling cases in the alcoholic beverages, motor vehicle, and telecommunications industries, as well as disputes involving claims of unfair competition, misappropriation of trade secrets, breach of non-compete agreements, breach of franchise agreements, and infringement of intellectual property rights.

Jim assists clients as national distribution counsel, counseling clients on how to establish new distribution networks, both domestic and international, and how to restructure dealer networks in compliance with various state and federal dealer and franchising laws.

Jim represents manufacturers and distributors in disputes involving Ohio’s Alcoholic Beverages Franchise Act, both at the trial court level (including the first two trials to determine “diminished value” under the Act), and successful appeals to the Ohio Supreme Court and the U.S. Court of Appeals for the Sixth Circuit.

Jim also has extensive antitrust and intellectual property experience.

 

Practice Areas

Representative Experience

  • Represented a manufacturing company in copyright and trademark infringement suit.
  • Successfully assisted client to recover over $6 Million in antitrust class action.
  • Represented healthcare provider in patent infringement suit.
  • Obtained favorable Markman ruling in patent infringement suit on behalf of an equipment manufacturer that lead to dismissal of claims.
  • Prevailed on behalf of a non-profit client in jury trial in which plaintiff alleged various tort claims, and then successfully defended verdict on appeal.
  • Successfully assisted a client to recover over $1 Million in antitrust class action.
  • Prevailed on behalf of a client seeking to prevent trade name infringement by a cyber-squatter.
  • Successfully obtained award of $238,000 in attorney fees as the prevailing party in the defense of a complex and vigorously-litigated contract dispute.
  • Successfully represented Fortune 500 client in breach of warranty dispute related to production equipment.
  • Successfully represented the plaintiff, a Spanish winery, in an action seeking a declaration that the winery had just cause pursuant to the Ohio Alcoholic Beverages Franchise Act to terminate the franchise between the winery and the distributor. Court entered a directed verdict after a four-day jury trial.
  • Represented defendants in an action by two wholesale distributors challenging their termination under the Ohio Alcoholic Beverages Franchise Act and, in the alternative, seeking a determination of the diminished value of their businesses as a result of the loss of the brands. The distributors also challenged the application of the statute as an unconstitutional taking of their property. The trial court issued several opinions interpreting the statute in favor of the defendants and granted summary judgment to the defendants on all the plaintiffs’ claims, except for the diminished value claim. Following a bench trial, the court issued a diminished value ruling that was generally favorable to the defendants.
  • Represented defendants in a copyright infringement, trade secret, patent infringement, and breach of a non-compete action. The plaintiff filed for a preliminary injunction on the copyright infringement claim. After an evidentiary hearing, the court denied the motion.
  • Represented the defendant in an action brought to determine the diminished value of the distributor’s business attributable to the loss of one of their major brands of beer. This was the first case to litigate this issue in Ohio under the Ohio Alcoholic Beverages Franchise Act. Following the trial, the court issued an opinion favorable to the defendant.
  • Represented the defendant in an action brought under the Ohio Alcoholic Beverages Franchise Act. Although plaintiff prevailed in the trial court, the Court of Appeals reversed, and the Ohio Supreme Court affirmed the Court of Appeals.
  • Represented the plaintiff in a declaratory judgment action seeking an interpretation of the Ohio Motor Vehicle Dealer Act. After the trial court favorably interpreted the statute, we successfully defended the case on appeal.
  • Represented the plaintiff in a jury trial seeking injunctive relief and damages for breach of non-compete agreements, misappropriation of trade secrets, and tortious interference with contract. The jury returned a verdict in favor of the plaintiff and against all nine defendants; Persuaded the Court of Appeals that, notwithstanding the damage award, the trial court should be required to enforce the non-compete agreements for the balance of their terms.
  • Represented defendant in an action alleging theft of trade secrets and interference with business relations; obtained a directed verdict for the defendant.
  • Represented a defendant in an action brought to enforce a right of first refusal to acquire a partnership operating a cellular telephone system; obtained a verdict for the defendant.
  • Represented the defendants in a case alleging theft of trade secrets and breach of contract; obtained a verdict for the defendants; affirmed on appeal.
  • Represented a defendant in the Plastics Additives class action antitrust litigation.
  • Represented a major computer manufacturer to pursue claims in several antitrust class actions.
  • Represented a defendant in a patent infringement and theft of trade secrets matter involving medical devices.
  • Counseling a Fortune 500 company on antitrust compliance programs, Robinson-Patman Act issues, and various distribution matters.
  • Represented a major telecommunications carrier in a price discrimination case.
  • Represented a major telecommunications carrier in a price fixing case.

Education & Admissions

Education

  • Notre Dame Law School, J.D., magna cum laude, 1983
    • Research Editor, Notre Dame Law Review 
  • University of Notre Dame, B.A., 1980

 Bar and Court Admissions

  • State of Ohio
  • Supreme Court of Ohio
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Northern District of Indiana
  • U.S. District Court, Western District of New York

Involvement

Professional Affiliations

  • American Bar Association, Member (1983 – Present)
  • Ohio Bar Association, Member (1983 – Present)
  • Cleveland Metropolitan Bar Association, Member (1983 – Present)
  • John M. Manos, Inn of Court, President (2014 – 2024)
    • Treasurer (2004 – 2014)
  • ALFA International, Steering Committee, Business Litigation

Community Involvement

  • United Way of Cleveland, Trustee (2000 – 2019)
  • Catholic Charities Corporation, Trustee (1996 – 2019)
  • Cleveland Leadership Center, Leadership Cleveland (Class of 2007)

Firm Involvement

  • Chair, Litigation Practice Group
  • Founding Partner

Awards & Honors

  • Named to Chambers USA: America’s Guide to Leading Lawyers for Business in the area of Litigation: General Commercial (2019 – Present)
  • Named Best Lawyers’ “Lawyer of the Year” in Litigation—Intellectual Property in Cleveland (2020); Litigation—Antitrust (2025)
  • Named to The Best Lawyers in America in the areas of Commercial Litigation; Litigation-Antitrust; and Litigation-Intellectual Property; and Trade Secrets Law (2007 – Present)
  • Named to the Ohio Super Lawyers list (2009 – Present)
  • AV Preeminent Peer Review Rated by Martindale-Hubbell
  • Received Legal Eagles “Man of the Year” Award from the St. Edward Alumni Association (2013)

Publications

  • “Legislators and Business Leaders Pave Way for Blockchain Innovation in Northeast Ohio,” Frantz Ward Client Alert (July 2018)
  • “The Prevailing Party Need Not Win It All,” Frantz Ward Litigation News (March 2018)
  • Key Case Decision Regarding Termination of Distributor’s,” Frantz Ward Litigation News (August 2017)
  • “Brewers Beware: When It Comes to Claims of False Advertising COLA’s May Not Be Safe Harbors,” Frantz Ward Client Alert (October 2016)
  • “Can You Keep a Secret? Why the Trade Secrets Act of 2016 May Affect Your Business,” Frantz Ward Client Alert (May 2016)
  • “Ohio Business Competition Law,” Lawyers Coop Publishing (1994)
  • “Protecting Intellectual Property Under the Law,” Cambridge Institute (1989)
  • “Unconscionability and the Fundamental Breach Doctrine in Computer Contracts,” Notre Dame Lawyer (1982)

 

Presentations & Lectures

  • “Discretion, power and its abuse – a study in judicial decision making,” Presented by: Justice Michael P. Donnelly, Judge J. Philip Calabrese, and James Niehaus, Esq., John M. Manos Inn of Court (November 2022)
  • “Cease and Desist Letters – What can go wrong,” ALFA International Business Litigation Seminar (September 2022)
  • “Navigating a Business Divorce,” Frantz Ward Litigation Seminar, Cleveland, OH (September 2019)
  • “Avoiding Antitrust Landmines When Drafting Contracts” Association of Corporate Counsel CLE, Cleveland, OH (June 2018)
  • “Multistate Distribution Issues—Ohio and Surrounding States,” Ohio Craft Brewers Conference, Cleveland, OH (January 2018)
  • “The Ohio Alcoholic Beverage Franchise Act,” St. Edward High School Legal
  • Eagles Alumni Association, Cleveland, OH (December 2017)
  • “Frequent Subtopics in Supplier-Distributor Litigation,” 22nd Annual National SuperConference, Portland, OR (September 2017)
  • “Negotiating Key Contract Terms and Conditions,” Northeast Ohio Association of Corporate Counsel, Cleveland, OH (June 2017)
  • “Franchise Law and the Impact of Recent Case Decisions,” Ohio Craft Brewers Association Annual Conference, Cincinnati, OH (February 2017)
  • “Understanding and Drafting Distribution Agreements,” Ohio Craft Brewers Association, Dayton, OH (February 2016)
  • “Litigating Distribution Issues Under the Ohio Alcoholic Beverage Franchise Act,” Ohio Bar Association, Columbus, OH (January 2016)
  • “Navigating Distribution Issues for Craft Brewers,” Ohio Craft Brewers Association, Wooster, OH (February 2015)

 

Media Coverage

 

Representative Experience

  • Represented a manufacturing company in copyright and trademark infringement suit.
  • Successfully assisted client to recover over $6 Million in antitrust class action.
  • Represented healthcare provider in patent infringement suit.
  • Obtained favorable Markman ruling in patent infringement suit on behalf of an equipment manufacturer that lead to dismissal of claims.
  • Prevailed on behalf of a non-profit client in jury trial in which plaintiff alleged various tort claims, and then successfully defended verdict on appeal.
  • Successfully assisted a client to recover over $1 Million in antitrust class action.
  • Prevailed on behalf of a client seeking to prevent trade name infringement by a cyber-squatter.
  • Successfully obtained award of $238,000 in attorney fees as the prevailing party in the defense of a complex and vigorously-litigated contract dispute.
  • Successfully represented Fortune 500 client in breach of warranty dispute related to production equipment.
  • Successfully represented the plaintiff, a Spanish winery, in an action seeking a declaration that the winery had just cause pursuant to the Ohio Alcoholic Beverages Franchise Act to terminate the franchise between the winery and the distributor. Court entered a directed verdict after a four-day jury trial.
  • Represented defendants in an action by two wholesale distributors challenging their termination under the Ohio Alcoholic Beverages Franchise Act and, in the alternative, seeking a determination of the diminished value of their businesses as a result of the loss of the brands. The distributors also challenged the application of the statute as an unconstitutional taking of their property. The trial court issued several opinions interpreting the statute in favor of the defendants and granted summary judgment to the defendants on all the plaintiffs’ claims, except for the diminished value claim. Following a bench trial, the court issued a diminished value ruling that was generally favorable to the defendants.
  • Represented defendants in a copyright infringement, trade secret, patent infringement, and breach of a non-compete action. The plaintiff filed for a preliminary injunction on the copyright infringement claim. After an evidentiary hearing, the court denied the motion.
  • Represented the defendant in an action brought to determine the diminished value of the distributor’s business attributable to the loss of one of their major brands of beer. This was the first case to litigate this issue in Ohio under the Ohio Alcoholic Beverages Franchise Act. Following the trial, the court issued an opinion favorable to the defendant.
  • Represented the defendant in an action brought under the Ohio Alcoholic Beverages Franchise Act. Although plaintiff prevailed in the trial court, the Court of Appeals reversed, and the Ohio Supreme Court affirmed the Court of Appeals.
  • Represented the plaintiff in a declaratory judgment action seeking an interpretation of the Ohio Motor Vehicle Dealer Act. After the trial court favorably interpreted the statute, we successfully defended the case on appeal.
  • Represented the plaintiff in a jury trial seeking injunctive relief and damages for breach of non-compete agreements, misappropriation of trade secrets, and tortious interference with contract. The jury returned a verdict in favor of the plaintiff and against all nine defendants; Persuaded the Court of Appeals that, notwithstanding the damage award, the trial court should be required to enforce the non-compete agreements for the balance of their terms.
  • Represented defendant in an action alleging theft of trade secrets and interference with business relations; obtained a directed verdict for the defendant.
  • Represented a defendant in an action brought to enforce a right of first refusal to acquire a partnership operating a cellular telephone system; obtained a verdict for the defendant.
  • Represented the defendants in a case alleging theft of trade secrets and breach of contract; obtained a verdict for the defendants; affirmed on appeal.
  • Represented a defendant in the Plastics Additives class action antitrust litigation.
  • Represented a major computer manufacturer to pursue claims in several antitrust class actions.
  • Represented a defendant in a patent infringement and theft of trade secrets matter involving medical devices.
  • Counseling a Fortune 500 company on antitrust compliance programs, Robinson-Patman Act issues, and various distribution matters.
  • Represented a major telecommunications carrier in a price discrimination case.
  • Represented a major telecommunications carrier in a price fixing case.

Education & Admissions

Education

  • Notre Dame Law School, J.D., magna cum laude, 1983
    • Research Editor, Notre Dame Law Review 
  • University of Notre Dame, B.A., 1980

 Bar and Court Admissions

  • State of Ohio
  • Supreme Court of Ohio
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Northern District of Indiana
  • U.S. District Court, Western District of New York

Involvement

Professional Affiliations

  • American Bar Association, Member (1983 – Present)
  • Ohio Bar Association, Member (1983 – Present)
  • Cleveland Metropolitan Bar Association, Member (1983 – Present)
  • John M. Manos, Inn of Court, President (2014 – 2024)
    • Treasurer (2004 – 2014)
  • ALFA International, Steering Committee, Business Litigation

Community Involvement

  • United Way of Cleveland, Trustee (2000 – 2019)
  • Catholic Charities Corporation, Trustee (1996 – 2019)
  • Cleveland Leadership Center, Leadership Cleveland (Class of 2007)

Firm Involvement

  • Chair, Litigation Practice Group
  • Founding Partner

Awards & Honors

  • Named to Chambers USA: America’s Guide to Leading Lawyers for Business in the area of Litigation: General Commercial (2019 – Present)
  • Named Best Lawyers’ “Lawyer of the Year” in Litigation—Intellectual Property in Cleveland (2020); Litigation—Antitrust (2025)
  • Named to The Best Lawyers in America in the areas of Commercial Litigation; Litigation-Antitrust; and Litigation-Intellectual Property; and Trade Secrets Law (2007 – Present)
  • Named to the Ohio Super Lawyers list (2009 – Present)
  • AV Preeminent Peer Review Rated by Martindale-Hubbell
  • Received Legal Eagles “Man of the Year” Award from the St. Edward Alumni Association (2013)

Publications

  • “Legislators and Business Leaders Pave Way for Blockchain Innovation in Northeast Ohio,” Frantz Ward Client Alert (July 2018)
  • “The Prevailing Party Need Not Win It All,” Frantz Ward Litigation News (March 2018)
  • Key Case Decision Regarding Termination of Distributor’s,” Frantz Ward Litigation News (August 2017)
  • “Brewers Beware: When It Comes to Claims of False Advertising COLA’s May Not Be Safe Harbors,” Frantz Ward Client Alert (October 2016)
  • “Can You Keep a Secret? Why the Trade Secrets Act of 2016 May Affect Your Business,” Frantz Ward Client Alert (May 2016)
  • “Ohio Business Competition Law,” Lawyers Coop Publishing (1994)
  • “Protecting Intellectual Property Under the Law,” Cambridge Institute (1989)
  • “Unconscionability and the Fundamental Breach Doctrine in Computer Contracts,” Notre Dame Lawyer (1982)

 

Presentations & Lectures

  • “Discretion, power and its abuse – a study in judicial decision making,” Presented by: Justice Michael P. Donnelly, Judge J. Philip Calabrese, and James Niehaus, Esq., John M. Manos Inn of Court (November 2022)
  • “Cease and Desist Letters – What can go wrong,” ALFA International Business Litigation Seminar (September 2022)
  • “Navigating a Business Divorce,” Frantz Ward Litigation Seminar, Cleveland, OH (September 2019)
  • “Avoiding Antitrust Landmines When Drafting Contracts” Association of Corporate Counsel CLE, Cleveland, OH (June 2018)
  • “Multistate Distribution Issues—Ohio and Surrounding States,” Ohio Craft Brewers Conference, Cleveland, OH (January 2018)
  • “The Ohio Alcoholic Beverage Franchise Act,” St. Edward High School Legal
  • Eagles Alumni Association, Cleveland, OH (December 2017)
  • “Frequent Subtopics in Supplier-Distributor Litigation,” 22nd Annual National SuperConference, Portland, OR (September 2017)
  • “Negotiating Key Contract Terms and Conditions,” Northeast Ohio Association of Corporate Counsel, Cleveland, OH (June 2017)
  • “Franchise Law and the Impact of Recent Case Decisions,” Ohio Craft Brewers Association Annual Conference, Cincinnati, OH (February 2017)
  • “Understanding and Drafting Distribution Agreements,” Ohio Craft Brewers Association, Dayton, OH (February 2016)
  • “Litigating Distribution Issues Under the Ohio Alcoholic Beverage Franchise Act,” Ohio Bar Association, Columbus, OH (January 2016)
  • “Navigating Distribution Issues for Craft Brewers,” Ohio Craft Brewers Association, Wooster, OH (February 2015)

 

Media Coverage

 

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