Tierney, Kevin M, ATY

Attorneys, Accident & Property Damage Attorneys, Adoption Law Attorneys

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Location: Great American Tower
AKA: Tierney Kevin M Lawyer
Other Link: https://www.frostbrowntodd.com/contact-offices.html
Categories: Attorneys, Accident & Property Damage Attorneys, Adoption Law Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Business Law Attorneys, Business Litigation Attorneys, Construction Law Attorneys, Contract Law Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Discrimination & Civil Rights Law Attorneys, Employment Discrimination Attorneys, Estate Planning, Probate, & Living Trusts, Labor & Employment Law Attorneys, Malpractice Law Attorneys, Medical Malpractice Attorneys, Patent, Trademark & Copyright Law Attorneys, Personal Injury Law Attorneys, Personal Property Law Attorneys, Real Estate Attorneys, Tax Attorneys, Trust Companies, Wills, Trusts & Estate Planning Attorneys, Wrongful Death Attorneys

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Phone: (513) 651-6800

Address: 301 E 4th St, Cincinnati, OH 45202

Website: https://www.frostbrowntodd.com/contact-offices.html

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Tierney, Kevin M, ATY

Adoption

Criminal Defense
Our attorneys have extensive experience in both civil antitrust litigation and antitrust criminal defense. This experience extends to enforcement actions and proceedings before the Federal Trade Commission, the Department of Justice and other state and federal administrative agencies.Â Our litigation and criminal defense representation captures the entire spectrum of antitrust and competition law claims including those involving price discrimination (and Robinson-Patman Act issues), price-fixing, territorial and market allocation, boycotts and refusals-to-deal, exclusive dealing, tying arrangements, resale price maintenance (and other vertical restraints), attempted and actual monopolization, dealer and franchise terminations, intellectual property antitrust claims, antitrust class actions and unfair competition (including FTC Act claims).
Wrongful Death
Represented Rolls Royce (helicopter engine manufacturer) in a wrongful death case at trial court, Indiana Court of Appeals, and Indiana Supreme Court. Writing for the first time on the issue of
Fraud
We served as co-counsel in purported class action securities fraud litigation, representing the defendant company and several of its officers, in an action wherein the plaintiffs claimed that the defendants made repeated false and misleading guidance projections and engaged in false financial reporting throughout the class period, and also alleged insider trading by one of the officers. The federal district court granted defendantsâ€™ motion to dismiss and the plaintiffs later voluntarily dismissed their appeal.
White Collar Crimes
Shoplifting

Business and Corporate Law

Corporate Law
We represent clients in litigation matters involving state and federal securities laws, shareholder and director fiduciary duty claims, close corporation disputes, broker-dealer claims, RICO claims and disputes concerning corporate transactions (e.g., mergers, asset purchase agreements and buy-sell agreements). Additionally, we counsel clients on corporate governance and compliance issues and also conduct or assist in corporate internal investigations.
Mergers and Acquisitions
There are countless issues, from politics and shortages to natural catastrophes, that affect manufacturers every day, shaping the way they do business. Many of us came to the firm with successful backgrounds in the manufacturing sector, and we thoroughly understand the ups and downs that affect manufacturers. With experience in every necessary areaâ€”litigation, intellectual property, labor and employment, environmental, import/export, mergers and acquisitions, tax, real estate and moreâ€”we work with manufacturing clients to develop an integrated, strategic approach to legal services. Our aim is to help clients carefully minimize risks and confidently take advantage of opportunities.
Business Formation
We have significant experience assisting consumable goods companies in various cross-border business transactions. We also help clients navigate customs, tariffs, import and export rules, new security regulations and trade agreements. Our global services include product distribution and licensing agreements; business formation and incentives; cross-border transactions and trade regulations; and international tax.
Business Disputes
Serving as both national and regional litigation counsel, we help clients navigate the difficult terrain of product liability claims and product recalls, distressed supplier workouts, contract disputes and other complex litigation. We also work with clients to safeguard and grow their market share by leveraging strategic relationships and protecting their material, real property and intellectual property assets.
Business Transactions
In a competitive economy and tight credit market, obligors, lenders, underwriters, issuers, and servicers throughout the country look to us for counsel on all aspects of commercial lending, public finance, leasing, and commercial transactions. We help our finance and lending clients structure, negotiate and close a broad spectrum of transactions, from â€œplain vanillaâ€ financings to large-scale commercial transactions creatively conceived to meet unique circumstances. We focus on maximizing the value measures our clients care about most â€“ time, money and risk containment. We strive in every transaction to be trusted advisors to our clients.
Construction Contracts
Drafting of template construction contracts for use in continent-wide (North America) midstream construction campaign valued at more than $18 billion USD.
Trade Secrets
Intellectual Property
Our attorneys represent dozens of hemp-related companies encompassing every element of the industry, from seed and farming to processing and final products. We have assisted agribusinesses and food and CBD sellers with federal and state regulations and through corporate transactions, litigation, intellectual property disputes, and FDA/USDA matters. Our hemp team has the legal knowledge, backed by relevant industry experience, to offer the right advice and solutions for your needs. To learn more about our hemp industry thought leadership, check out the latest insight below from our Hemp Legally Speaking Blog.
Unfair Competition
We offer a skilled, multidisciplinary team of attorneys armed with a deep understanding of unfair competition laws and the practical know-how to thoroughly and efficiently address any issues that arise in defending, prosecuting and resolving unfair competition claims. Our team works with clients from every industry, in venues across the county, on claims related to employees at all levels, including sales, administrative, executive and management personnel.Â We routinely handle some of the largest, most complex unfair competition cases involving everything from intellectual property, licensing and pricing issues to joint ventures, marketing and distribution practices.
Antitrust
When faced with must-win antitrust litigation or in need of guidance on critical acquisition, sales, distribution and competition-related issues, businesses turn to us for purposeful, highly engaged representation. Our veteran antitrust counselors and litigators understand, in a comprehensive way, the finer points of competition and antitrust laws and the practical consequences of alternative business options. We focus, foremost, on helping clients achieve their business objectives within the bounds of antitrust and competition laws.

Employment Discrimination
Our team has deep expertise in all facets of the acquisition, development, financing, and disposition of shopping center assets across the country. We represent tenants, landlords, operators, and lenders of shopping center assets in connection with leasing disputes, negotiating and preparing equity documents and loan documents, slip and fall claims, employment discrimination claims, and bankruptcy proceedings.
Employment Contract
Routine work for us includes negotiating and drafting licenses for software sale, preparing employment agreements for software developers, negotiating agreements for research and development and preparing traditional IP licenses (e.g., rights to develop/use software covered by a patent). We also have notable depth with respect to open source software and the legal implications surrounding its development and use.
Severance Agreement

Real Estate Litigation
When faced with complex real estate disputes, clients count on us to protect their investments and resolve matters quickly â€” yet in a manner that also allows them to preserve important business relationships. Our team knows the real estate industry and has the experience and foresight to help clients determine which litigation strategies are apt to result in a fair and favorable outcome.
Construction Litigation
The construction industry needs counselors and advocates who understand construction law â€” attorneys who can help minimize risks, protect legal rights and preserve the bottom line. Developers, owners, contractors, and subcontractors count on our attorneys to solve the most complex legal issues. Weâ€™ve built enduring relationships with dozens of construction firms and professionals across the region. Our clients range from small entrepreneurial companies, to developers and owners, to several of the larger contractors and specialty contractors in the country. Whether representing developers, contractors, suppliers or owners, we provide advice and solutions tailored to meet the express needs and objectives of each client.
Real Estate Transactions
Our team has deep expertise in structuring, documenting, and negotiating all types of real estate loans, including: (1) construction loans and project financing; (2) permanent credit facilities; (3) bridge facilities; (4) subordinate and mezzanine debt; and (5) syndicated credits and loan participations. In each case, we leverage both the practice expertise and industry knowledge of attorneys across the firmâ€™s geographic footprint to provide the most efficient and impactful representation when helping clients conceive and close real estate transactions.
Eminent Domain
Court of Appeals holds that corporate landowner’s objection to eminent domain action alleging condemnor acted in bad faith must be resolved via an evidentiary hearing.
Easement
Land Use and Zoning
Advising companies on grant writing and issues involving land use and zoning, permitting, right-of-way and related issues before government agencies.
Property Damage
Our team has successfully managed, resolved and defended hundreds of claims at every level, from property damage and minor injuries to catastrophic losses and multiple fatalities. Whether serving as national or regional counsel, we look for creative, cost-effective ways to promote efficiencies of scale and uniformity in claim management procedures, while working aggressively towards a fair and prompt resolution for our clients.

Personal Injury
Our trial lawyers obtained a defense verdict in favor of an electrical utility company in a motorcycle lawsuit seeking $4.5 million in personal injury damages.
Medical Malpractice
Court of Appeals holds that allegations of altered medical records and production of same during discovery was within scope of Medical Malpractice Act and first had to be presented to medical review panel.
Disability Discrimination
We represented the defendant company and majority shareholders in an action brought by a minority shareholder whose employment was terminated by the company. The plaintiff alleged claims of disability discrimination, breaches of fiduciary duty and breach of contract. The defendants counterclaimed, seeking an order requiring the plaintiff to tender his shares to the company pursuant to a buy-sell agreement. Â We prevailed on summary judgment, obtaining dismissal of the plaintiffâ€™s claims and an order requiring plaintiff to tender his shares to the company.

Trusts and Estates

Estate Planning
We represent developers, owners, creditors, commercial landlords, tenants and title insurance companies in a wide array of real estate litigation matters, including past experience handling eight-figure commercial foreclosure actions and defending lien priority contests and boundary disputes. We also represent parties in zoning appeals, title insurance claim and coverage matters and restrictive covenant litigation.
Wills
FBTâ€™s appellate team, led by Griffin Terry Sumner, represented three sons challenging their fatherâ€™s purported last will and the role of the fatherâ€™s sibling as executor of the estate and in creating the purported will.Â After the trial court removed the fatherâ€™s sibling as executor and appointed a neutral, third-party public administrator, FBT successfully opposed the former executorâ€™s petition for writ of mandamus in the Court of Appeals of Kentucky. [Further appeal pending Kentucky Supreme Court.]
Trusts
Probate

Bankruptcy
Advising clients in bankruptcy litigation such as stays against lien enforcement, setoffs, preferences, fraudulent conveyances, leveraged buyouts, equitable subordination, lender liability and assumption or rejection of leases and executory contracts.
Foreclosure
We represent a variety of special servicers, generally in the enforcement of the loan documents through the foreclosure process, or by taking title through a deed in lieu of foreclosure. We also help borrower clients address challenges related to working with special servicers.
Tax Law
Our consumable goods team counsels on commercial and contract matters, regulatory compliance (FDA, TTB, USDA, CPSC, and state agencies), intellectual property, marketing and advertising, international trade, supply and distribution needs, M&A transactions, and tax planning, incentives, and controversy. We help clients implement strategies to address customs issues, product recalls, and enforcement actions brought by the Consumer Products Safety Commission. We also structure and negotiate co-packing, toll manufacturing, distribution, vendor and supply chain agreements.

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