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Michael L. Scheier

Partner

Mike Scheier is a trial lawyer who also helps our clients manage their litigation risks and achieve cost-effective non-litigation solutions. His practice is concentrated in the defense of ERISA fiduciary duty claims, and defending corporate directors and officers in state law actions alleging breaches of fiduciary duties.  Mike also focuses his practice in enforcement of creditor’s rights, and has developed extensive experience in bankruptcy court and state law insolvency and collection disputes.

For many years Mike has represented firm clients such as Fifth Third Bank, Cintas Corporation and Great American Life Insurance Company.  Mike has also represented high ranking corporate officers and directors when they have been named in lawsuits, including our clients’ CEO’s and Board members.  According to Chambers USA: America's Leading Lawyers for Business, Mike is an "excellent lawyer who expresses professionalism at every turn.  He is also a trial lawyer with notable experience in the courtroom."

Mike has held several positions in firm management, including tenure as Leader of the KMK Litigation Group.  Mike also serves as an Adjunct Professor at the University of Cincinnati College of Law, where he teaches trial technique and practice.

Representative Matters

  • Lead trial counsel to several former board members, including Board Chair, Officers, the former CEO, COO and President, of privately held companies leading to judgements in their favor on state law claims for breach of fiduciary duty and other tort claims arising from both a $200 million dollar tender offer and subsequent process to sell or recapitalize the company
  • Successfully defended several trusts and individual creditors against an equitable subordination claim under Bankruptcy Code section 510(c) involving claims in excess of $50 million
  • Lead litigation counsel representing company CEO and Board Chair in summary judgment on ERISA breach of fiduciary duty claims seeking in excess of $100 million in Federal Court in Chicago
  • Defended and prosecuted successful appeals in the Second (New York), Third (Philadelphia), Fifth (New Orleans), Sixth (Cincinnati), Seventh (Chicago), Ninth (San Francisco) and Eleventh (Atlanta) Federal Courts of Appeals, and in the Ohio Supreme Court and Ohio State Appellate Courts
  • In a case tried to a jury in state court, obtained a $1.3 million judgment, an award of attorneys fees for bad faith breach, judgment of specific performance in regard to the transfer of real property, and a directed verdict on the defendant's $2.5 million counterclaim
  • Lead litigation counsel to Cintas Corporation, its CEO, and other officers, defending a $150 million lawsuit by a bankruptcy trustee in a state court outside of Ohio resulting in favorable settlement days before jury trial was set to begin
  • Defense verdict in a multi million dollar claim for breach of a commission contract and punitive damages tried to a jury in state court
  • Defense verdict in a multi-million dollar claim for breach of fiduciary duty and legal malpractice tried to a federal court jury
  • Jury verdict in plaintiff’s favor in a UCC Article 3 forged endorsement and conversion case involving a major regional bank
  • Multi million dollar settlement for a financial institution in a high profile loan default and bank fraud case pending in both state and federal courts in Ohio and Kentucky
  • Unanimous jury award for a plaintiff-financial institution in a state court bank fraud case against multiple defendants
  • Represented creditors' committees, and secured and unsecured commercial creditors, in insolvency related disputes
  • Represented the Celotex and UNR asbestos trusts in litigation matters
  • Served as litigation counsel to creditor groups in mass tort bankruptcy cases including G-I Holdings, Babcock and Wilcox Company, Dow Corning, Armstrong World Industries, Eagle Picher Industries, and Wallace & Gale Company

Awards & Recognitions

  • AV® Preeminent™ Peer Review Rated, Martindale-Hubbell
  • Listed in Chambers USA: America's Leading Business Lawyers, 2010-2014
  • Listed in Best Lawyers in America, 2015
  • Named to Ohio Super Lawyers, 2009-2015
  • Fellow, Litigation Council of America Trial Lawyer Honorary Society
  • Fellow, Cincinnati Academy of Leadership for Lawyers

News

Languages

  • Hebrew

Professional & Community Involvement

  • American Association for Justice
  • American Bar Association
  • Cincinnati Bar Association
  • Ohio State Bar Association
Keating Muething & Klekamp PLL
One East Fourth Street
Suite 1400
Cincinnati OH 45202
TEL: (513) 579-6952
FAX: (513) 579-6457

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Practice Areas

Blog Contributions

Bar & Court Admissions
  • Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Northern District of Illinois
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
Education
  • J.D., University of Cincinnati College of Law, 1991; Order of the Coif, Editor-in-Chief of Law Review
  • B.A., Hobart College, 1983