Biography

For more than 25 years, Dan Izenson has been providing business and real estate clients superior litigation services, helping to solve their problems, maximize their recovery, and protect their assets. Dan has broad experience in all aspects of civil litigation, with a concentration in complex commercial disputes, shareholder/member derivative actions, and real estate/construction litigation. He has prosecuted and defended clients in nationwide litigation, including class action lawsuits. Dan has extensive pre-trial discovery, e-discovery, trial and appellate experience in contract/business disputes, tort, ERISA, intellectual property, construction, environmental,  premises liability, and sophisticated real estate, foreclosure and commercial leasing disputes.

Dan's business clients include publicly-held and private companies and financial institutions. He represents owners of pipe, wire and mineral rights in disputes with utilities and surface owners. Dan also represents owners, developers, and contractors in all aspects of the construction process, ranging from contract negotiations, claims and dispute resolution. He litigates matters before state and federal courts, private and court-sponsored mediation and court-ordered and private arbitration. Dan also regularly counsels clients in litigation avoidance, contract preparation/administration and dispute resolution techniques.

Dan is a member of the Board of Directors at Keating Muething & Klekamp and serves as Co-Practice Group Leader of the firm's Litigation Group. Dan also serves on the firm's Women's Initiative Committee.

REPRESENTATIVE CLIENTS

  • Duke Realty Corporation
  • American Premier Underwriters, Inc.
  • Lawrence Kadish Real Estate
  • Fifth Third Bank
  • Sperry Van Ness Commercial Real Estate
  • ProLogis
  • Realty Income Corporation
  • Towne Properties
  • Jeffrey R. Anderson Real Estate
  • Gorilla Glue Company
  • United Dairy Farmers
  • Trophy Nut Company
  • inno360, Inc.

Reported Decisions

State Court

  • American Premier Underwriters Inc. v. Marathon Ashland Pipeline LLC, No. 10-03- 12, 2004 WL 937316 (Ohio Ct. App. May 3, 2004)
  • Ohio Fresh Eggs LLC v. Wise, No. 07AP-780, 2008 WL 2122342 (Ohio Ct. App. May 20, 2008)
  • O'Sullivan v. Provident Bancorp Inc., No. C-970141, 1997 WL 789405 (Ohio Ct. App. Dec. 26, 1997)

Federal Court

  • American Annuity Grp. Inc. v. Guaranty Reassurance Corp., 55 F. App'x 255 (2003)
  • Analect LLC v. Fifth Third Bancorp, et al., 380 F. App'x 54 (2010)
  • Richmond v. Peters et al., No. 97-3647, 1998 U.S. App. LEXIS 30114 (6th Cir. 1998) 

Click here to view additional reported decisions.

Representative Work

Oversaw successful defense of $30 million federal lawsuit against financial institution, obtaining summary judgment in client’s favor and affirmed on appeal.

Represented national egg producer in administrative and court proceedings which resulted in reversal of order to revoke company’s operating permits.

Obtained TRO and preliminary injunction on further draws on a $2.6 million irrevocable letter of credit and ultimately obtained $2.7 million judgment in client’s favor against foreign company.

Successfully defended and settled in client’s favor a nationwide class action over vehicle leasing fees.

Successfully defended commercial real estate broker and agent in high stakes litigation over disclosures in real estate transaction.

Prosecuted claims of real estate developer in multi-million dollar construction litigation against contractors and surety.

Regularly represent general contractor in litigation with public authorities and subcontractors on public works projects.

Regularly represent owners and landlords of commercial properties in leasing and tenant disputes.

Professional and Community Involvement

Cincinnati Bar Association

Ohio State Bar Association

Supreme Court of Ohio, Commission on Rules of Practice & Procedure (2018-2021) Evidence Subcommittee, Civil Rule Subcommittee

Hospice of Cincinnati, Inc., former Board Member

Fernside, Inc., A Center for Grieving Children, former President and Board Member

Wyoming Swim Club, former Board Member

Wyoming School Foundation, Executive Committee, Vice President of Administration and Operations (2013-2019

Awards & Recognition

AV® Preeminent™ Peer Review Rated, Martindale-Hubbell

Listed in The Best Lawyers in America, 2012-2020

Named the "Cincinnati Best Lawyers' Litigation - Real Estate Lawyer of the Year," 2020

Named the "Cincinnati Best Lawyers’ Construction Litigation Lawyer of the Year," 2015

Named to Ohio Super Lawyers

Named to Cincy Leading Lawyers

  • Best Lawyers (Don't Delete)
  • Best Lawyers - DEI 2020
  • Super Lawyers (Don't Delete)
  • Peer Review (Don't Delete)

News & Resources

Admissions

  • Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Northern District of Ohio
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Second Circuit

Education

J.D., The Ohio State University Moritz College of Law, 1990, Managing Editor of The Ohio State Journal on Dispute Resolution

B.S., Indiana University, 1986, Phi Beta Kappa, Mortar Board

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