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dclay@walterhav.com
Phone: 216-928-2896
Fax: 216-916-2335
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Darrell A. Clay

Partner
Chair, Unfair Competition & Antitrust Group
Chair, Creditors' Rights & Bankruptcy Group

Areas of Practice
Antitrust and Unfair Trade
Bankruptcy and Creditors' Rights
Litigation Services
First Amendment and Media Defense Litigation
White Collar Criminal Defense
Employment Law

Education
Tulane University School of Law, J.D. (magna cum laude), 1994
University of South Florida, M.A., 1991; B.A., 1989

Licensed to Practice
Ohio & Louisiana
U.S. Third, Fifth, and Sixth Circuit Courts of Appeal
U.S. District Court, Eastern, Middle & Western Districts of Louisiana
U.S. District and Bankruptcy Courts, Eastern District of Michigan U.S. District and Bankruptcy Courts, Northern & Southern Districts of Ohio


Professional Experience

Darrell is a partner of Walter & Haverfield, and chairs the firm’s Antitrust and Unfair Competition and Bankruptcy and Creditors’ Rights practice groups. His practice encompasses both complex civil and white collar criminal defense litigation in state and federal courts.

In the civil area, Darrell’s practice spans four broad areas. First, Darrell advises, counsels, and represents clients in all types of antitrust and unfair competition matters. He regularly performs antitrust reviews of business agreements and advises clients on strategies to avoid exposure to allegations of anticompetitive activity. He regularly represents employers and employees in litigation over restrictive employment covenants and confidentiality agreements, including obtaining and opposing injunctive relief. He also has significant experience in the law of trade secrets, including trying several such cases to jury verdict in state and federal court. He also counsels employers on how to structure restrictive covenants to avoid having them judicially narrowed or invalidated.

Second, drawing on his experience as an instrument-rated pilot and airplane owner, Darrell is involved in a wide variety of aviation-related matters. For example, he has defended manufacturers and builders of airplanes and helicopters in product liability claims. He has negotiated and drafted lease and leaseback agreements, fractional ownership agreements, and the like for aircraft owners and operators. As a Panel Attorney for the Legal Services Plan of the Aircraft Owners and Pilots Association, Darrell has advised and counseled dozens of pilots, mechanics, and aircraft owners on numerous issues ranging from FAA and NTSB enforcement proceedings to hangar leases and disputed repair bills.

Third, Darrell represents creditors in all phases of bankruptcy and complex collection litigation. Recent representative engagements in this area have included defending a law firm in litigation by the United States Trustee alleging self-dealing and malfeasance in management of a prior firm, pursuing claims for payment of pre-petition compensation to various manufacturer’s representatives, successfully obtaining an order declaring portions of a debtor’s debts nondischargeable, and pursuing in multiple states a $1.3 million judgment owed to a client.

Fourth, Darrell handles a variety of litigation matters involving real property issues. Recently, he successfully obtained summary judgment in a case claiming breach of a policy of title insurance in which the claimant sought in excess of $1 million in damages. Darrell also handled the appeal of that case, and persuaded the Court of Appeal to affirm the summary judgment. He has also defended numerous “one-witness” mortgage cases in bankruptcy courts throughout Ohio.

In the criminal arena, Darrell has handled dozens of high-profile criminal matters, including trying the first case ever brought to trial under the Economic Espionage Act of 1996. He defended a scrap metal executive in a jury trial alleging price fixing in Southern Florida during the period following Hurricane Andrew. He defended a senior executive of the Cuyahoga Metropolitan Housing Authority against charges of theft in office. He has represented and negotiated plea agreements for numerous other clients, and is intimately familiar with the Federal Sentencing Guidelines and the forfeiture laws of Ohio, including a recent case in which he persuaded the court to deny forfeiture of an automobile valued in excess of $25,000. He has also represented non-target witnesses in testimony before the grand jury and in responding to subpoenas for documents and electronic files.

Prior to joining the firm, Darrell practiced in New Orleans, Louisiana where he served as a Fellow in the nationally-recognized Institute of Politics. He also served as a judicial clerk to Judge Steven R. Plotkin of the Louisiana Fourth Circuit Court of Appeal. In his spare time, Darrell volunteers for Angel Flight, donating his time and airplane to fly persons in need of medical attention to destinations throughout the Midwest.

Professional & Community Associations

  • Graduate of the National Institute for Trial Advocacy’s 2000 National Session
  • Barrister, William K. Thomas Inn of Court
  • Licensed soccer referee (youth through adult amateur), having refereed over 900 games in his career
  • Member, Board of Directors, Skypark, Inc.

Awards & Recognition

  • January 2008 - Selected as a 2008 Fellow of the Ohio State Bar Foundation. 

  • 2008 - Recognized in Inside Business Magazine as among Northeast Ohio's "Leading Lawyers".

Presentations

  • "Understanding Electronic Discovery for the Aviation Professional" at the annual convention of the Ohio Aviation Association on September 18, 2007, Worthington, Ohio

  • “Find It Fast And Free On The Internet” on April 25, 2007 for National Business Institute
  • “You’ve Been Subpoenaed, Now What?” for National Business Institute
  • “The Law of the Internet in Ohio” for National Business Institute
  • “Internet Basics for the Ohio Attorney” for National Business Institute
  • “Advanced Issues in Legal Technology for the Ohio Paralegal” for National Business Institute
  • “Effective Legal Writing for Paralegals in Ohio” for National Business Institute
  • “Excuse Me, But Where Can I Get My License to Practice law in Cyberspace?” for the American Bar Association

Articles by Darrell A. Clay

This article is in pdf format November 2007 - The Cleveland Bar Journal published Darrell's article entitled "Mandatory Restitution in Federal Criminal Prosecutions".
This article is in pdf format January 2007 - Client Alert on Business Litigation:  Businesses Take Note: New Federal Court Electronic Discovery Rules Affect You Too.
This article is in pdf format August 2006 - Client Briefing on Employment Law:   Employers may bring civil claims against former employees for computer fraud and abuse
This article is in pdf format May 2006 - Internet Basics for the Ohio Attorney
This article is in pdf format

January 2001 - Client Briefing: eTech Alert - Viewing Restricted Web Site Could Cost Employer $$$

This article is in pdf format Summer 1998 - PERSPECTIVE: On Employment LawSupreme Court Sanctions Same-Sex Harassment Suits

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