Joe Callow helps clients manage and reduce litigation risk and litigation costs. When litigation arises, he handles and coordinates cases on a national, regional, and local basis.
Joe primarily works on class action and complex commercial litigation. He has experience in securities, ERISA, antitrust and general corporate and business litigation as well as in environmental, intellectual property, and product liability/tort litigation. He also represents clients in FINRA securities arbitrations.
Joe has extensive experience in False Claims Act (qui tam) litigation and has represented parties in cases around the country, including Georgia, Texas, Louisiana, Florida, and New Jersey.
Currently, Joe represents state Attorney Generals in complex litigation. Joe was one of the lead litigation counsel for the State of Ohio in its litigation against opioid distributors that resulted in an $808 million settlement for the State. He is also one of the lead litigation counsel for the States of Michigan and Illinois in their respective litigation against PFAS manufacturers, distributors, and other parties.
Joe helped establish KMK's Data Privacy & Cybersecurity Team, an interdisciplinary group of attorneys focused on helping clients manage risk; develop and implement data protection and cybersecurity response plans; coordinate cybersecurity response actions and manage notice procedures; and defend litigation if needed. Joe assists clients with drafting cyber plans and managing cyber incidents and notice procedures.
Joe also helped establish the KMK E-Discovery Litigation Support Group. He helps clients develop information governance policies and creates proactive, defensible, and cost-effective end-to-end E-Discovery solutions for litigation and regulatory investigations.
Representative Work
Representative Litigation Matters
State of Ohio ex rel. Mike Yost v. McKesson Corporation, et al., Case No. CVH2018055 (Madison Cty. Oh.) (represented the State of Ohio on its claims against opioid distributors leading to the States recent $808 million settlement).
State of Michigan ex rel. Dana Nessel v. 3M Company, et al., Case No. 2020-49-NZ (Washtenaw Ct. Oh.) (currently representing the State of Michigan on claims against PFAS manufacturers in this and other cases).
In re Processed Egg Products Antitrust Litig., Case No. 2:08-md-02002 (MDL No. 2002) (E.D. Pa.) (successfully defended client in antitrust class action litigation).
Osborn, et al. v. Griffin, et al., Case Nos. 2011-89 and 2013-32 (E.D. Ky.) (defended clients in RICO/state law claim litigation).
Brooks v. Darling Ingredients Inc., Case No. 1:14-cv-01128-DAD-EPG (E.D. Cal.) (defended client in class action litigation).
Local 295 et al. v. Fifth Third Bancorp, et al., and Dudenhoeffer, et al v. Fifth Third Bancorp, et al., Cons. Case No. 1:08-cv-421 (S.D. Ohio) (defended client in consolidated securities and ERISA “stock drop” class action litigation); see 2010 U.S. Dist. Lexis 131967 (Nov. 24, 2010) (granting Defendants' motion to dismiss ERISA claims); see also 731 F. Supp. 2d 689 (Aug. 10, 2010) (granting in part and denying in part Defendants' motion to dismiss in securities case); see also 692 F.3d 410 (6th Cir. 2012).
Brooks v. Cincom Systems, Inc., Case No. 1:12-cv-115 (S.D. Ohio June 10, 2013) (defended client against claims; summary judgment granted for defendant).
LaWarre v. Fifth Third Bank and Fifth Third Securities, Inc., Case No. A0909076 (Hamilton County) (obtained summary judgment on all claim related to investment losses); see 2012 Ohio 4016 (Ohio App.) (affirming grant of summary judgment to Defendants).
Green, et al. v. Griffin Industries, Inc., et al., Civ. Action No. 03CVS5048382F (State of Georgia, Fulton Cty., Sup. Ct.) (defended client in tort class action litigation).
Cincom Systems, Inc. v. Novelis Corp., 581 F.3d 431 (6th Cir. Sept. 25, 2009) (affirming district court decision finding Novelis Corp. infringed Cincom’s copyrighted materials).
Shirk et al. v. Fifth Third Bancorp et al., 2009 U.S. Dist. Lexis 90775 (S.D. Ohio Sept. 30, 2009) (summary judgment granted on ERISA excessive fees class action litigation); see also 71 Fed. R. Serv. 3d (Callaghan) 1199, 44 Employee Benefits Cas. (BNA) 2936 ( Jan. 29, 2009) (summary judgment granted on ERISA "stock drop" class action litigation).
Segal v. Fifth Third Bank N.A., 581 F.3d 305 (6th Cir. 2009) (affirming dismissal of class action complaint affirmed based on SLUSA preemption).
Representative Appellate Matters
The Ohio High School Athletic Association v. Ruehlman, Case No. 18-1200 (2018) (on papers).
MJS & Associates v. Master, et al., Case No. 12-15-00219-cv (Tex. App. Sept. 7, 2016) (oral argument and on papers).
Hathorn, et al. v. Dana Motor Co., LLC, 2016-Ohio-5110 (Hamilton Cty. App. July 27, 2016) (oral argument and on papers).
Dudenhoeffer v. Fifth Third Bancorp, 692 F.3d 410 (6th Cir. Sept. 5, 2012) (oral argument and on papers).
LaWarre v. Fifth Third Securities, Inc., 2012-Ohio-4016 (Hamilton Cty. App. Sept. 5, 2012) (oral argument and on papers).
Nat'l Union Fire Ins. Co. v. Wuerth, 349 F. App'x 983 (6th Cir. 2009) (oral argument and on papers).
Nat'l Union Fire Ins. Co. v. Wuerth, 122 Ohio St. 3d 594 (2009) (oral argument and on papers).
Cincom Systems, Inc. v. Novelis Corp., 581 F.3d 431 (6th Cir. 2009) (oral argument and on papers).
