Michael (Mike) Scheier: Keating Muething & Klekamp PLL

Biography

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 on valuation and shareholder disputes, and in the defense of ERISA fiduciary duty and other ESOP-related claims, lender liability and other financial services 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 Argent Trust Company, GreatBanc Trust Company, 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 is a Fellow of the Litigation Counsel of America where he is a member of the Trial Law Institute and Diversity Law Institute. He 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 Work

Successfully defended ESOP fiduciaries as lead trial counsel in 15-week bench trial resulting in complete defense judgment on all claims by plaintiff class seeking over $200 million for breach of fiduciary duty under ERISA Section 404 and other ESOP related ERISA violations

Obtained summary judgment for several selling shareholders in large private company against claims alleging company overpaid for their shares in a corporate redemption filed in federal court in Cincinnati

Lead trial counsel to several former board members, including Board Chair, the former CEO, COO and President, of privately held companies leading to defense judgements seeking damages of over $100 million arising out of a second stage ESOP transaction

Lead litigation counsel representing company CEO and Board Chair in summary judgment on ESOP breach of fiduciary duty claims seeking in excess of $100 million in Federal Court in Chicago

Prosecuted claims for institutional ERISA trustee Fifth Third Bank for breaches of fiduciary duties by predecessor trustee

Defended institutional ERISA fiduciaries for breaches of duty in denying participant benefits claims resulting in no liability

Successfully tried defense of lender liability claim against Great American Life Insurance Company in Delaware Federal Court

Defended lender liability claims against Fifth Third Bank brought by prominent racing horse stable in New Jersey

Multi-million dollar settlement for a financial institution in a high profile lender liability 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

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 defense counsel to Cintas Corporation, its CEO, and other officers, in a $150 million breach of fiduciary duty lawsuit by a bankruptcy trustee in a state court outside of Ohio resulting in favorable settlement days before jury trial was set to begin

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 Appeal, 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 of contract, judgment of specific performance in regard to the transfer of real property, and a directed verdict on the defendant's $2.5 million counterclaim

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

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