Toby K. Henderson

Phone:  937.222.2508


Practice Groups:
Labor + Employment Law, Real Estate Law

Toby became an SS+D shareholder on January 1, 2006. He joined the firm’s Litigation Department in May 2000 and concentrates his practice in Business and Commercial Litigation, Trade Secret Claims, Antitrust, Health Care Law, Construction Law, and Labor and Employment Law.

Toby handles cases in state and federal trial and appellate courts across the country for a wide range of clients, including individuals, sole proprietors, small businesses, and large companies, all in various industries, including manufacturing, tool and die, construction, plumbing and HVAC supply wholesale, automobile sales, performance improvement, and government defense contracting. In addition to jury trials, he has successfully appeared at bench trials, alternative dispute resolution processes, and administrative hearings before state agencies.

His recent cases have included issues related to fraud, products liability, business torts, trademark infringement, directors’ and officers’ liability, voting rights, employment discrimination, race discrimination, sureties, construction defects and disputes, environmental liability, corporate governance, intellectual property, non-compete agreements, wrongful death, civil rights claims, consumer protection, breaches of contracts, bankruptcy preferences, and violations of FDA regulations.

Some examples of Toby’s courtroom success are:
• Following a four-week trial in Federal Court, Toby and one of his partners, Dianne Marx, obtained a jury verdict in excess of $6.9 million in favor of an Ohio-based diamond dealer and against an international, New York-based diamond manufacturer and distributor and one of the largest De Beers sightholders in the country.
• Following a six-week trial in Federal Court, Toby and another partner, Jim Dyer, obtained a defense verdict in favor of a family of shareholders in a suit brought by a Fortune 200 company claiming over $50 million in damages for alleged fraudulent asset transfers.

Toby 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 their 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 is also a member of the American Association for Justice (formerly Association of Trial Lawyers of America) and the Ohio Academy of Trial Lawyers and he serves on the Civil Trial Practice Committee of the Dayton Bar Association. He served as a previous member of the Dayton Art Institute Associate Board and is a current member of the Boonshoft Museum Associate Board. Toby is also a member of the Dayton Region Manufacturers Association.

Prior to joining SS+D, Toby served a term as a Law Clerk for the Honorable Thomas Bryant, Presiding 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. Court of Appeals for the Sixth Circuit, and the United States Supreme Court.

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


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 has been recognized in The Best Lawyers in America (2013, 2014, 2015, 2016) for work in the practice area of Commercial Litigation. He was recognized in 2011, 2012, 2013, 2014 and 2015 as a Super Lawyer in Business and Commercial Litigation and included in the Ohio Super Lawyers publication. Toby was also recognized in the 2006, 2007, 2008, 2009, and 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.


Facebooktwittergoogle_pluslinkedinmailby feather