Business Litigation
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- Contract interpretation and enforcement
- Commercial lease disputes
- Purchase and sale agreements
- Warranty claims
- Commercial collections
- Confidentiality and non-disclosure agreements
- Abusive tax shelter litigation
- Professional negligence (accountancy, legal, investment advisory, insurance)
- Consumer banking disputes
- Residential mortgage claims
- Trust services disputes
- Commercial banking claims
- ERISA and retirement account disputes
- Commercial landlord-tenant disputes
- Property transfer disputes
- Real estate development issues
- Easement and boundary disputes
- Insurance coverage litigation
- Policy interpretation disputes
- Bad faith claims
- Trade secrets
- Trademark disputes
- Unfair competition claims
- Consumer protection claims defense
- Estate-related business disputes
- Will contests
- Trust disputes
- Fiduciary duty claims
Ford Law offers experienced representation for businesses and individuals facing both complex and routine business disputes, from straightforward contract and collection matters to complex, high-stakes litigation. Darren has represented clients in a range of industries, including hospitality, restaurant, manufacturing, defense, real estate, healthcare, and media.
Darren’s approach to litigation emphasizes early case assessment, technology, and strategic planning to help clients set realistic objectives and manage costs effectively. Identifying potential litigation “off ramps” is central to his approach, whether in the form of alternative dispute resolution, such as mediation, or simple lawyer-to-lawyer negotiation. But not every case can or should be settled, and Darren litigates every case with this in mind. Darren works throughout the discovery process to build a case that tells his client’s story in a way that will resonate in the courtroom.
Representative Matters
Successfully represented plaintiffs in obtaining an $80 million punitive damages award (plus $19.3 million in compensatory damages) against major accounting firm for fraud and gross negligence related to an abusive tax shelter strategy. The case involved complex issues of professional malpractice, tax shelter regulations, and gaming industry impacts, culminating in one of Northern Kentucky’s largest damages awards.
Represented business owners in multi-million dollar fraud litigation against major insurance carrier, accounting firm, law firm, and promoter involving the marketing and sale of welfare benefit plans later deemed abusive tax shelters by the IRS. Claims included fraud, negligent misrepresentation and consumer protection act violations based on the carrier’s marketing materials and agent conduct in promoting tax-advantaged insurance products while failing to disclose significant regulatory risks.
Successfully represented manufacturing company in federal trade secrets and breach of contract case against former employee and new employer who downloaded confidential business information before departing. Defeated summary judgment motions on all claims, leading to consent judgment exceeding $1 million.
Obtained voluntary dismissal of insurer’s declaratory judgment action seeking to avoid coverage for construction defect claims. Successfully demonstrated through summary judgment briefing and letters that the insurer had a duty to defend multiple insureds based on the policies’ separation of insureds provisions and that declaratory judgment on duty to indemnify was not ripe for adjudication while underlying litigation remainder pending.
Defended a regional bank serving as trustee against claims brought by beneficiary alleging breach of fiduciary duty and violations of state investment laws. Successfully opposed motion to dismiss bank’s third-party claims for contribution and indemnification against investment advisor and institutional representatives who allegedly had control over investment decisions.
Successfully defended on appeal the denial of probate for an informal handwritten document discovered among personal correspondence. The court of appeals affirmed that despite containing testamentary language, the document lacked clear and convincing evidence of testamentary intent, establishing precedent for analyzing defectively executed wills.
Successfully defended a federal appellate victory enforcing a negotiated choice-of-law provision in a non-competition dispute. The Sixth Circuit affirmed the preliminary injunction, holding that the employee’s preferred state law did not override the parties’ clear agreement on governing law.
Represented commercial property owner in litigation involving easement dispute with neighbor, successfully obtaining partial summary judgment on complaint that allowed for favorable settlement without trial.
Successfully defeated class certification for monetary damages in a consumer products mislabeling case, where plaintiffs sought to certify both nationwide and state-specific classes.
Successfully represented REIT in contested lease dispute with commercial tenant, recovering back rent, future rent, and attorney’s fees on summary judgment.
Represented e-commerce company in trademark opposition proceedings before the USPTO’s Trademark Trial and Appeal Board, defending the company trademark application against claims of likelihood of confusion with an existing mark. Worked closely with expert witness in preparing consumer survey and expert report.
Represented manufacturing company in private arbitration pursuing claims against seller for negligent misrepresentation of target company’s financial condition during due diligence, seeking recovery of damages for purchase price overpayment.
Prior results do not guarantee, warrant, or predict future outcomes. Every legal matter involves unique facts and circumstances. The success or result of any prior representation should not be relied upon as an indication of future success or results. The outcome of any legal matter depends upon a variety of factors, including but not limited to the specific facts and circumstances of each case, the applicable law, the venue, and the parties involved. Any description of prior matters or results is intended only to provide information about the activities and experience of Darren W. Ford and should not be understood as a representation or guarantee of similar results in other cases.