Litigation

The lawyers at Eberly McMahon Copetas LLC are proficient in handling a wide variety of civil litigation matters, or even helping our business and individual clients avoid the cost and expense of litigation. Whether you need a stanch advocate to enforce a contract or other legal right, or perhaps have been sued and need a lawyer to champion your defense, our attorneys have the know-how and skills to help solve your particular problem in an effective and efficient manner. Contact Bob McMahon (513-533-3441) or Dave Eberly (513-533-1151) for a consultation relating to disputes such as:

Business Litigation and Commercial Litigation

This broad practice area covers everything from a “collection” case to a complex, multi-million dollar commercial dispute, and also mirrors the depth of our experience and ability to cross industry lines. We regularly represent businesses of all sizes and industries in a variety of disputes: contract claims regardless of their size and scope; breach of fiduciary duty claims; fraud and tortious interference with contract claims; unfair competition and trade secret violations; breach of non-compete and non-solicitation agreements; partnership and shareholder disputes; theft or embezzlement claims against current and former officers or employees; disputes between commercial landlords and tenants; insurance coverage claims arising out of a company’s financial or property loss; defense of claims arising out of state consumer fraud laws; and professional negligence claims involving accountants, architects, real estate agents, etc. As with any client’s matter, our goal is to cost-effectively handle business and commercial disputes using the depth of our knowledge and familiarity with our clients’ business, industry and objectives.

Non-competition Agreements and Trade Secrets Litigation

This subset of business litigation actually has a life of its own in today’s business and legal worlds as more and more employers use restrictive covenants (non-competition agreements, non-solicitation agreements, non-disclosure and confidentiality agreements) to protect their assets, including client relationships, and investments in employees. Similarly, employees at all levels of a corporate hierarchy may be required to sign such agreements either when hired or later in their tenures. Whether you are a business whose key employee left, a company hiring a new technician or salesperson, or an executive looking for a new position, we have particular experience enforcing these contracts in court, including through injunctive relief, or defending claims brought against you, your company or employee.

Shareholder-Partnership Disputes

Unfortunately business relationships can fall apart, whether due to an owner’s wrongdoing, the inability of two shareholders to effectively manage their company, or the partners’ failure to address exit strategies in their agreements. Whatever the circumstances, our attorneys can assist owners of small and closely-held businesses in the prosecution and defense of contractual and fiduciary duty claims against their fellow shareholders, members and partners, and to dissolve and wind up limited liability companies, partnerships and corporations in accordance with existing agreements or applicable state laws.

Real Estate and Construction Litigation

We represent builders, contractors, subcontractors, material providers, businesses and homeowners in claims arising out of the construction, improvement, and purchase and sale of residential and commercial real estate. For example, we have successfully prosecuted and defended sellers of residential homes in claims for failing to disclose defects at the property. We also regularly assist contractors, subcontractors and material providers in preserving and enforcing their lien rights under state law, including preparing and filing the mechanic’s lien and, as necessary, filing suit to enforce contract and other claims.

Commercial and Consumer Collections Services

Unlike many attorneys and law firms who only handle part of a plaintiff’s case, we know how to obtain and execute on judgments by locating and identifying a debtor’s assets, garnishing wages, putting liens on property, executing on bank and investment accounts, etc. Our attorneys, paralegal and administrative staff use state-of-the art software to facilitate the efficient collection of consumer and commercial accounts, thereby enabling us to automate the collection process and facilitate client reporting and remittance requirements. Our approach is to listen to our clients’ needs and to create a process and a fee structure that best meets those needs. Our clients include the nation’s largest electric power holding company, collection agencies and purchasers of consumer debts, and local service providers (doctors, dentists, landscapers, construction material suppliers, etc.) needing assistance in the collection of outstanding accounts. We handle collection matters throughout Ohio, Kentucky and southeast Indiana, and regularly assist out-of-state attorneys and businesses in registering and enforcing judgments in our jurisdictions.

Landlord-Tenant Disputes

We represent landlords and management companies in residential landlord-tenant cases, and both landlords and tenants in commercial real estate disputes. Our clients include both small and large proprietors and management companies throughout Greater Cincinnati and Northern Kentucky, ranging from a 600-unit mobile home park which may have abandoned mobile home and title issues, to clients focusing on Section 8 housing. We regularly assist landlords in enforcing existing lease agreements and may be involved from start (reviewing leases, advising about required notices, and handling the eviction lawsuit) to finish (obtaining and executing on judgments).

Trust and Estate Litigation

We successfully prosecuted claims on behalf of beneficiaries to two multi-million dollar trusts and against a decedent’s estate in a will contest action, as well as defended and resolved claims against other estates.

Bankruptcy

We represent only creditors in bankruptcy court. We have successfully prosecuted adversary claims against debtors to avoid discharge in bankruptcy, both for fraudulent conduct and non-dischargeable debts such as child support obligations, and also have defending claims against creditors for alleged preferential payments.

Regulatory

We regularly appear before the Public Utilities Commission of Ohio and defend commercial and consumer complaints filed against a Fortune 250 utility company.