Overview

Zach is an associate in Walter | Haverfield’s Litigation Services group. He has represented clients in a wide variety of litigation matters, and in particular has meaningful experience in business disputes involving commercial contracts and business torts, as well as fiduciary duty issues. Zach also has substantive experience litigating state and federal constitutional issues.

Zach is experienced in all phases of pre-litigation investigation, drafting of pleadings for both simple and complex cases, written discovery, motion practice, depositions, and hearings, with a particular emphasis on research and analysis and preparing written briefs. Zach’s substantive experience includes the defense and prosecution of appeals in both state and federal court, including the Ohio Supreme Court.

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Experience

COMMERCIAL LITIGATION EXPERIENCE

• Lead associate in the defense of a global tool and die manufacturer in litigation regarding a claim of $7.5 million in alleged unpaid commissions. The litigation involved lawsuits filed in Ohio and Michigan. Zach’s responsibilities included drafting all briefs and dispositive motions, including briefing before the Michigan Court of Appeals. In large part due to Zach’s efforts, the client obtained dismissal of the Michigan lawsuit, which was upheld on appeal. After a two-year battle involving significant motion practice, including successfully opposing a summary judgment motion filed by the claimants, the Ohio lawsuit was eventually settled to the client’s satisfaction.
• Key member of litigation team representing plaintiffs in a breach of contract lawsuit against a homebuilder for failure to return the down payment on a $2.325 million home building contract. Zach’s briefing resulted in the clients obtaining summary judgment against the home builder on the breach of contract claim (as well as dismissal of all of the homebuilder’s counterclaims), resulting in a $103,000 judgment for Zach’s clients.
• Lead associate in the representation of a national motion picture exhibition chain in the defense of a $360,000 breach of contract lawsuit with a local commercial landlord. The issues included novel legal theories regarding the COVID-19 pandemic and impossibility/impracticality of performance. Zach was primarily responsible for drafting all pleadings and substantive briefings. The lawsuit was ultimately settled to the client’s satisfaction.
• Lead associate in the defense of a sailing vessel construction company sued in New York state court for $600,000 in alleged damages in relation to a contract for the construction of a yacht. Zach’s briefing resulted in dismissal of all claims for lack of personal jurisdiction.
• Key member of litigation team representing a multinational fasteners supplier in a $2.42 million breach of contract dispute for alleged unpaid commissions. Zach’s ongoing representation of this foreign-based client includes counseling on various supply chain matters and disputes.
• Lead associate in the representation of a restaurant group in the successful prosecution of the breach of a settlement agreement by a contractor, resulting in a $36,000 judgment in the client’s favor for recovery of attorneys’ fees. The litigation entailed the successful defense of multiple counterclaims, including a counterclaim seeking to void the settlement agreement as procured via duress.

Recognition

Associations

• Member, Ohio State Bar Association
• Member, Cleveland Metropolitan Bar Association