Toby K. Henderson

Phone:  937.222.2508


Practice Groups:
Labor + Employment Law, Real Estate Law

Toby is a trial lawyer with an international litigation practice.  He handles cases in state and federal trial and appellate courts across the country as well as in international courts.  His clients are wide-ranging, including individuals, sole proprietors, small businesses, and large companies, all in various industries, including healthcare, manufacturing, tool and die, construction, plumbing and HVAC supply wholesale, energy, performance improvement, and government defense contracting.  In addition to jury trials, he has successfully appeared at bench trials, mediations, arbitrations, and administrative hearings before state agencies.

Toby concentrates his practice in Business and Commercial Litigation, Trade Secret Claims, Business Torts, Health Care Law, Construction Law, and Labor and Employment.  His recent cases have included issues related to fraud, securities, products liability, business torts, trademark infringement, directors’ and officers’ liability, employment discrimination, race discrimination, construction defects and disputes, environmental liability, corporate governance, intellectual property (patent infringement), non-compete agreements, restrictive covenants, civil rights claims, consumer protection, breaches of contracts, and violations of FDA regulations.

Current and recent cases have been in Ohio, Illinois, Iowa, California, Florida, Texas, Missouri, Maryland, New York, Connecticut, Rhode Island, Georgia, North and South Carolina, Tennessee, Colorado, Virginia, Alabama, the District of Columbia, and Israel

He is committed to providing high quality legal representation while achieving the utmost client satisfaction. Whether by simply returning phone calls in a timely manner, providing regular status reports on matters he is handling, or meeting with clients at times and places convenient to them, Toby prides himself on being responsive to his clients’ needs.

Many of Toby’s business clients utilize contingent fee arrangements to pursue litigation. With these arrangements, the client does not pay the typical hourly rates for legal services but rather pays a portion of whatever amount is recovered in litigation as the fee for the work performed. Click here for more information on our site about contingent fee litigation. Toby finds it professionally rewarding to bet on his own skills and abilities by sharing with his clients the risks and rewards of contingent fee litigation.

Toby received his B.S., magna cum laude, from Ball State University in 1996 and his J.D. from the University of Dayton in 1999. He is a member of the Dayton, Ohio State, Butler County, American, and Federal Bar Associations. He served as a previous member of the Dayton Art Institute Associate Board and is a current member of the Boonshoft Museum Associate Board and the Ronald McDonald House of the Miami Valley Board of Trustees.

Before attending law school, Toby served in the United States Air Force.  Prior to joining SS+D, he served a term as a Law Clerk for the Honorable Thomas Bryant, Judge of the Third Appellate District of the Court of Appeals of Ohio. He is admitted to the Ohio bar, the U.S. District Court for the Southern and Northern Districts of Ohio, the U.S. District Court for the Northern District of Illinois, the U.S. Court of Appeals for the Sixth Circuit, the United States Supreme Court, and in numerous other jurisdictions on a case-by-case basis.

When not in the office, Toby enjoys spending time with his family. He is an avid golfer and enjoys traveling with his family.


Toby maintains a Martindale-Hubbell AV Preeminent Peer Review rating, which is the highest rating and based on a ranking by peers of ethical standards and legal abilities.  He is ranked in the area of Commercial Litigation by Chambers & Partners, which is based in the UK and is one of the most prestigious of rating services, listing top lawyers and firms by specialty in the USA and around the world.  He has been recognized in The Best Lawyers in America (2013-2017) for work in the practice area of Commercial Litigation. He was selected in 2011-2018 as a Super Lawyer in Business and Commercial Litigation and included in the Ohio Super Lawyers publication. Toby was also recognized in the 2006-2010 editions of Ohio Super Lawyers – Rising Stars Edition, featuring the top 2.5% of attorneys in Ohio chosen by their peers as being among the top up-and-coming lawyers. He has been honored by the Dayton Business Journal as a “Superachiever Under 40,” which recognizes area leaders for professional success and community involvement. Toby is a member of the Leadership Dayton Class of 2008.


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