ShareholderToby K. Henderson

Overview

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 aerospace, healthcare, manufacturing, tool and die, construction, plumbing, and HVAC supply wholesale, energy, performance improvement, professional services, and government defense contracting. In addition to jury trials, Toby has successfully appeared at bench trials, mediations, arbitrations, and administrative hearings.

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.

Toby finds it professionally rewarding to bet on his own skills and abilities by sharing with his clients the risks and rewards of litigation. Accordingly, some 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 about contingent fee litigation.

Since 2020 Toby has been recognized as a Litigation Counsel of America Fellow, an invitation-only, peer-selected, and aggressively diverse trial lawyer honorary society limited to 3,500 Fellows, representing less than one-half of one percent of American lawyers.  Fellows are selected and invited into Fellowship after being evaluated for effectiveness and accomplishment in litigation and trial work, along with ethical reputation.

Professional Experience / Focus Areas

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 (e.g. theft of trade secrets and unfair competition), minority shareholder oppression, trademark infringement, directors’ and officers’ liability, employment discrimination, race discrimination, defamation, construction defects and disputes, environmental liability, corporate governance, intellectual property (patent infringement), non-compete agreements, restrictive covenants, civil rights claims, consumer protection, and breaches of contracts.

Toby practices all over the country and internationally. His 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, Israel, and Taiwan.

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. Toby 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.

Personal

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

Awards

• 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.
• 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.
• Recognized in The Best Lawyers in America (2013-2023) for work in the practice area of Commercial Litigation, Intellectual Property Litigation, Labor and Employment Litigation, and Product Liability Litigation.
• Selected in 2011-2023 as a Super Lawyer in Business and Commercial Litigation and included in the Ohio Super Lawyers publication. Recognition on the Ohio Super Lawyers list is reserved for those attorneys who exhibit excellence in their practice and only 5% of Ohio attorneys receive this distinction.
• 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.
• Honored by the Dayton Business Journal as a “Superachiever Under 40,” which recognizes area leaders for professional success and community involvement.
• Member of the Leadership Dayton Class of 2008

Business Board Affiliations

• Currently serves as a member and President of the Kettering City School District Board of Education
• Currently serves on the Dayton Children’s Hospital Foundation Board
• Member of Dor-Wood Optimist Club
• Boonshoft Museum Associate Board (Previous Member)
• Ronald McDonald House of the Miami Valley Board Of Trustees (Previous Member)
• Dayton Art Institute Associate Board (Previous Member)
• Leadership Dayton Class of 2008