LITIGATION DEPARTMENT



Our Litigation Department represents business entities and individuals in disputes ranging from small conflicts to the most complex commercial litigation before state and federal trial and appellate courts, arbitrators and administrative tribunals. Our experienced attorneys aggressively try cases to judgment and then handle any appeals. We have litigated business disputes for clients ranging from Fortune 500 companies and large regional employers to small, closely-held businesses and individuals. Computerized research, case management software, and other advanced office technology equip our trial lawyers to efficiently represent large and small clients.

We search for creative and effective solutions to legal disputes. The firm encourages consideration of alternative dispute resolution when appropriate as a means to reduce the cost and burden of lawsuits and to explore innovative and principled compromise.

We understand that the value of our representation is measured both by the results we obtain and the satisfaction of our clients. Accordingly, we are committed to a service-oriented approach to all matters entrusted to us. We strive to exceed our clients’ expectations for high quality and vigorous advocacy, regular communication, and sensitivity to cost. When disputes go to court, we work closely with clients to implement litigation strategies that balance business objectives and the likelihood of success with budget constraints.

Innovation for Service and Fees

The SS+D promise about our service to you is simple. If we ever fall short of providing you with exceptional service, we will make it right -- even if it means adjusting your bill. We cannot guarantee any particular outcome, but we promise to work tirelessly on your behalf and to keep you timely informed about developments in any matter entrusted to us.

We understand that business litigation is expensive and that “one size does not always fit all” when it comes to fee arrangements. We are open to shouldering some of the risk of litigation along with you in many circumstances. Unlike most traditional law firms, SS+D does not insist that every legal matter must be paid for on an hourly basis. Hourly billing is often the best way to efficiently achieve your objectives. But sometimes a creative fee arrangement can provide more certainty and budget control for you, along with opportunities to offset risks for us. We pledge to work with you to explore an alternative payment arrangement that works for you and your budget. Alternative fee arrangements under which we take risk with you include:

Fixed or Flat Fees. Client and SS+D agree up front on a set price for the representation. Often used in routine or repetitive litigation, but can be varied to involve an agreed monthly or other periodic fee for a larger lawsuit or a flat fee for specific segments such as for discovery or the trial.
Contingency Fees. Client pays based on results achieved. Payment is often expressed as a percentage of the recovery or settlement.
Capped Fees. Client pays up to a specified maximum amount on an hourly basis, but no more. This arrangement is often paired with a reduced contingency fee.
Defense Contingency. Client establishes success parameters and pays SS+D a discounted fee. In the event a more favorable outcome is achieved, then SS+D is paid a success premium. In other words, the fee is in part dependent on how much SS+D “saves” the client from paying.
Hold Back. Client and SS+D agree upon a fixed price or hourly rate and client establishes success parameters. An agreed-upon percentage of all client payments are deposited into our Trust Account and held until an identified milestone or the conclusion of the dispute. At that time, the client decides whether SS+D should be paid all or part of the Hold Back amount and whether any success premium is due.

Jim Dyer Recognized in 2014 Chambers USA

Sebaly Shillito + Dyer is pleased to announce that James A. Dyer has been recognized in the 2014 edition of Chambers USA:  America’s Leading Lawyers for Business, as a leader in the practice area of Commercial Litigation.   Chambers and Read More…

Is your business litigation case right for a contingent fee arrangement?

Business litigation traditionally has been funded by client internal cash flow.  An alternative to this traditional funding model is the contingency fee option.  Contingency fee options are also known as success-based or results-based fee options.  With these options, our clients Read More…

Sebaly Shillito + Dyer attorneys selected for inclusion in 2014 The Best Lawyers in America

DAYTON, OH – Sebaly Shillito + Dyer is pleased to announce that Jim Dyer, Bev Shillito,Karl Ulrich and Toby Henderson were recently selected by their peers for inclusion in The Best Lawyers in America 2014 (Copyright 2012 by Woodward/White, Inc., Aiken, S.C.).   Jim Read More…

Business Litigation + Contingency Fee = Win For Business Executives and General Counsel

Conventional wisdom among business executives and general counsel is to view litigation as a drain on company resources.  Lawsuits are to be avoided if at all possible –  something to pursue only as a last resort.  Litigation, after all, places Read More…

Protecting Your Assets – Litigation Solutions for Complex Problems

From a recent statement to clients from Toby Henderson, Shareholder:During this last year, SS+D clients enjoyed outstanding success in the courtroom victories that are unmatched in the Miami Valley .As an example, following a six-week trial in Federal Court, the SS+D Read More…

The Billable Hour is Not the Only Way

Risk-Sharing Fee Agreements Are a Viable Option In the Right Circumstances For many businesses and individuals, the cost of high quality legal representation is  daunting and, in some case, even prohibitive.  SS+D has a possible solution – risk-sharing fee agreements.  Read More…

Destroy the Evidence, Destroy Your Case – Lessons Learned

Sam Levenson, a respected humorist and author, said “You must learn from the mistakes of others.  You can’t possibly live long enough to make them all yourself.”  Sam’s words are amusing and wise.  There is much to learn from the Read More…

Award of $10.75 Million to Innovative Technologies Corporation Upheld on Appeal

On October 28, 2011, the Second District Court of Appeals unanimously upheld an award of $10.75 million in damages, punitive damages, and attorneys’ fees to a Dayton-based government contractor, Innovative Technologies Corporation.  The Court’s action affirmed a Montgomery County jury Read More…

SS+D Attorneys Obtain Another Jury Verdict

On July 22, 2011, a jury in the U.S. District Court for the Southern District of Ohio awarded to Marble Dimensions Worldwide damages in the amount of $1.75 million, including $250,000 in punitive damages (Case No. 3:09-cv-458).  Marble Dimensions had Read More…