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 copyright infringement, intellectual property litigation and product liability/tort litigation. Joe has extensive experience in False Claims Act (qui tam) litigation and has represented parties in cases around the country, including California, Texas, Louisiana, Florida, and New Jersey. He also represents clients in FINRA securities arbitrations. Currently, Joe is one of the lead litigation counsel for the State of Ohio in its litigation against opioid distributors.
Joe helped establish KMK's Cybersecurity & Privacy 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.
Joe frequently authors legal alerts and blog posts and presents CLE seminars on various litigation topics. He welcomes the opportunity to conduct seminars for clients and other organizations on litigation avoidance strategies and litigation related topics.
Joe also serves as Co-Practice Group Leader of KMK's Litigation Group.
What Clients Say
The most difficult task as in-house counsel is locating and retaining an attorney that combines subject matter knowledge, aggressiveness, responsiveness, cost effectiveness, and one who can communicate effectively with various levels of management. Joe and his complex litigation team possess all of those qualities and more when faced with retaining a firm and litigation team to best serve your organization. -- Chris Griffin, Director of Legal Affairs, Griffin Industries, Inc.
Representative Litigation Matters
State of Ohio ex rel. Mike DeWine v. McKesson Corporation, et al., Case No. CVH2018055 (currently representing the State of Ohio on claims against opioid distributors).
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
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).
Professional and Community Involvement
American Bar Association
Federal Bar Association
Ohio State Bar Association
Cincinnati Bar Association
The Seven Hills School, Athletic Booster
Cincinnati United Soccer Club
Awards & Recognition
Named the “Cincinnati Best Lawyers' Antitrust Litigation Lawyer of the Year," 2012, 2017, 2020
Listed in Chambers USA: America's Leading Business Lawyers, 2016-2019
Listed in The Best Lawyers in America, 2011-2020
Named to Ohio Super Lawyers, 2010-2019
Cincinnati Academy of Leadership for Lawyers (CALL), Class XI
News & Resources
- Fifty-four Keating Muething & Klekamp Attorneys Selected for Inclusion in The Best Lawyers in America 202008.15.2019
- Law360, 04.05.2019
- Thirty-Five Keating Muething & Klekamp Attorneys Recognized in 2019 Ohio Super Lawyers and Ohio Rising Stars12.05.2018
- OHSAA.org, 08.27.2018
- Law360.com, 08.17.2018
- globalcompetitionreview.com, 06.20.2018
- Cincinnati Business Courier, 06.19.2018
- www.law.com, 06.18.2018
- www.law360.com, 06.15.2018
- www.bna.com, 06.15.2018
- LEAD Magazine, 04.19.2018
- Law360.com, 04.05.2016
- The Cincinnati USA Regional Chamber, 09.18.2019
- Northern Kentucky University, 10.11.2019
- Northern Kentucky University in the James C. and Rachel M. Votruba Student Union, 10.12.2018
- Hilton Cincinnati Netherland Plaza, Hall of Mirrors, 3rd Floor, 04.18.2018
- Greater Cincinnati ISSA Chapter Meeting, 02.21.2018
- NKU Cybersecurity Symposium — Cyber 10, Northern Kentucky University, 10.13.2017
- Cincinnati Business Courier, 11.04.2016
- Hilton Cincinnati Netherland Plaza, 06.08.2016
- Warren v. Dimon, Congress v. the People, and Other Policy Tradeoffs and Tensions in Cybersecurity Protection8th Annual KMK Law CyberSecurity Symposium, 10.09.2015
- Northern Kentucky University Chase College of Law / Law & Informatics Institute, 02.26.2015
- 10 Recent Litigation Decisions Every Attorney Should KnowKMK Legal Update, December 12, 2018, December 14, 2016, December 10, 2015, December 3, 2014, December 11, 2013
- The CBA Report, 06.18.2015
- KMK Law Complex Litigation Blog, 06.14.2019
- KMK Law Complex Litigation Blog, 12.19.2018
- KMK Law Cybersecurity & Privacy Blog, 10.11.2018
- KMK Law Cybersecurity & Privacy Blog, 10.03.2018
- KMK Law Cybersecurity & Privacy Blog, 03.08.2018
- KMK Law Complex Litigation Blog, 03.08.2018
- KMK Law Cybersecurity & Privacy Blog, 08.07.2017
- KMK Law Complex Litigation Blog, 08.07.2017
- KMK Law Cybersecurity & Privacy Blog, 02.10.2017
- KMK Law Complex Litigation Blog, 02.10.2017
- KMK Law Cybersecurity & Privacy Blog, 01.27.2017
- KMK Law Complex Litigation Blog, 01.09.2017
- KMK Law Cybersecurity & Privacy Blog, 12.15.2016
- KMK Law Complex Litigation Blog, 09.13.2016
- KMK Law Cybersecurity & Privacy Blog, 09.13.2016
- KMK Law Corporate & Securities Blog, 10.27.2015
- KMK Law Cybersecurity & Privacy Blog, 10.27.2015
- DOJ Cyber Incident Guidelines – A Good Read for All Companies Looking to Develop a Cybersecurity PlanKMK Law Cybersecurity & Privacy Blog, 05.14.2015
- Legal Alert: NLRB Holds Employees May Use Employer Email Systems for Non-Work-Related CommunicationsKMK Law Management Rights Blog, 12.12.2014
- Legal Alert: NLRB Holds Employees May Use Employer Email Systems for Non-Work-Related CommunicationsKMK Law Complex Litigation Blog, 12.12.2014
- KMK Law Complex Litigation Blog, 05.06.2014
- KMK Law Complex Litigation Blog, 04.01.2014
- KMK Law Complex Litigation Blog, 06.21.2013
- KMK Law Complex Litigation Blog, 06.20.2013
- KMK Law Complex Litigation Blog, 06.04.2013
- KMK Law Complex Litigation Blog, 01.27.2010
- KMK Law Complex Litigation Blog, 01.20.2010
- KMK Law Complex Litigation Blog, 12.07.2009
- KMK Law Complex Litigation Blog, 11.30.2009
- KMK Law Complex Litigation Blog, 11.23.2009
- KMK Law Complex Litigation Blog, 11.16.2009
- Appellate Law
- Banking & Financial Services Litigation
- Class Action Litigation
- Commercial & Securities Litigation
- Cybersecurity & Privacy
- E-Discovery & Litigation Support
- Environmental Claims
- Employee Benefits & Executive Compensation
- ERISA Litigation Defense Team
- False Claims Act & Qui Tam Litigation
- Intellectual Property Litigation
- Product Liability
- U.S. District Court, Southern District of Ohio
- U.S. District Court, Northern District of Ohio
- U.S. Court of Appeals, Sixth Circuit
J.D., University of Cincinnati College of Law, 1993, Order of the Coif, Law Review, Member 1991-1992 and Lead Article Editor, 1992-1993, Student Bar Association President, 1992-1993
B.A., Miami University, 1990, cum laude, college forensics, student government, peer advisor, Sigma Tau Gamma Fraternity