Partner
Brian D. Wright
Brian helps businesses and individuals pursue and protect legal rights. He litigates matters throughout Ohio and the United States. He has successfully represented clients in numerous class actions and individual actions involving securities, privacy, business torts, copyright, trademarks, consumer protection, product liability, breach of contract and warranty, trade secrets, restrictive covenants (including covenants not to compete), and false advertising disputes.
Brian also routinely serves as outside general counsel for businesses. Working closely with clients, he provides focused, client-centered, and cost-effective advice and efficient, thoughtful, and innovative solutions. He typically receives the first call when clients encounter business issues with legal implications. Acting as a strategic advisor, he works swiftly and effectively to implement the correct solution.
Representative Matters Include:
- Newstex, LLC. v. LexisNexis (American Arbitration Association, Dayton, Ohio) (defense of company in multiday arbitration involving trade secret and copyright claims)
- Scott v. Henny Penny Corp., Case No. 2013-3358 (Sup. Ct., Onondaga Cty., N.Y.) (defense of manufacturer in product liability litigation)
- Robinette v. Quest Diagnostics Incorporated, Case No. 2:15-cv-00173 (S.D. Ohio) (defense of laboratory in employment discrimination litigation)
- Henny Penny Corp. v. JL Holdings (National Arbitration Forum) (represented manufacturer in domain name and trademark dispute)
- In Re: Dry Max Pampers Litigation, Case No. 11-4156 (6th Cir.) (defense of consumer products company in product liability class action)
- Lopez v. Dempsey Bros., Inc., et al. (Henry Cty. Common Pleas Ct., Ohio) (defense of manufacturer in product liability litigation)
- V & A Heisler, LLC v. Eicher, Case No. 14-cv-42722 (Defiance Cty. Common Pleas Ct., Ohio) (representation of family farm in eviction action)
- Sanchez v. CoreLogic SafeRent, LLC, Case No. 8:12-cv-02469 (D. Maryland) (defense of consumer reporting agency in Fair Credit Reporting Act litigation)
- Nationwide Mutual Fire Insurance Co., et al. v. Char-Broil, LLC, et al., Case No. 1:12-cv-00754 (S.D. Ohio) (defense of manufacturer in product liability litigation)
- Front Porch Entertainment LLC, et al. v. Procter & Gamble Productions, Inc., Case No. A1209043 (Hamilton Cty. Common Pleas Ct., Ohio) (defense of company in intellectual property dispute; favorable resolution after multiday preliminary injunction hearing)
- Rikos, et al. v. The Procter & Gamble Company, Case No. 1:11-cv-226 (S.D. Ohio) (defense of company in consumer class action)
- Pork Champ, LLC v. Kremer, et al., Case No. 11 CV 009422 (Franklin Cty. Common Pleas Ct., Ohio) (representation of company in breach of contract litigation; obtained temporary restraining order)
- Credit Infonet Inc. v. Corelogic, Inc., et al., Case No. 3:11-cv-00169 (S.D. Ohio) (representation of company in misappropriation of trade secret litigation)
- Economy Linen, Inc. v. Quest Diagnostics, Inc., Case No. C-10000-55 (First Appellate District, Hamilton Cty., Ohio) (defense of company in breach of contract litigation; obtained summary judgment; affirmed on appeal)
- In Re: Pet Food Products Liability Litigation, Case No. MDL-1850 (D.N.J.) and Case Nos. 08-4741 and 08-4779 (3d Cir.) (defense of company in 90 class actions in two countries based on consumer fraud, breach of warranty and products liability)
- Stiggers, et al. v. The Procter & Gamble Company, et al., Case No. A1000068 (Hamilton Cty. Common Pleas Ct., Ohio) (defense of company in personal injury litigation)
- Reading Rock, Inc. v. Masonomics, Inc., Case No. A0912200 (Hamilton Cty. Common Pleas Ct., Ohio) (defense of company in breach of contract litigation)
- Mitchell v. The Procter & Gamble Company, et al., Case No. 2:09-cv-00426 (S.D. Ohio) (defense of company in product liability class action; obtained complete dismissal of action)
- Day v. The Relizon Company, Case No. 2009 CV 02272 (Montgomery Cty. Common Pleas Ct., Ohio) (defense of company in employment discrimination litigation)
- Workflow Management, Inc., et al. v. Peters, et al., Case No. A0902046 (Hamilton Cty. Common Pleas Ct., Ohio) (representation of company in acquisition litigation)
- Miami Valley Mobile Health Servs. Inc., et al. v. ExamOne Worldwide, Inc., Case No. 3:11-cv-06158 (S.D. Ohio) (defense of company in trade secrets litigation)
- Nestlé Purina Petcare: Purina Puppy & Dog Chow/Pro Plan Dog Food Products (NAD Case Reports #4687 and #4687C) (representation of consumer product company)
- P&G Pet Care: Iams and Eukanuba Products (NAD Case Reports #4706 and #4706C) (defense of consumer product company)
- Hill’s Pet Nutrition, Inc.: Science Diet Puppy and Kitten Products (NAD Case Reports #4355, #4355C and #4355C II) (representation of consumer product company)
- Hill’s Pet Nutrition, Inc.: Hill’s Prescription Diet Products (NAD Case Report #4157) (representation of consumer product company)
Get in Touch
Brian D. Wright
Partner
(513) 632-0314
201 East Fifth Street, Suite 1420
Cincinnati, OH 4520
Business Law
Class Action Defense
Products Liability Defense
Commercial Litigation
Intellectual Property Litigation
Martindale-Hubbell AV Rated
Benchmark Litigation Future Star (2015, 2016)
Super Lawyers Rising Star, Law & Politics Magazine (2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2006)
Cincinnati Academy of Leadership for Lawyers, Cincinnati Bar Association (2011)
Leadership Dayton, Dayton Chamber of Commerce (2009-10)
40 Under 40, Dayton Business Journal (2007)
Supreme Court of Ohio
Supreme Court of Kentucky
United States District Court for the S.D. of Ohio
United States District Court for the N.D. of Ohio
United States District Court for the Eastern District of Kentucky
United States Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Third Circuit
United States Supreme Court
American Bar Association
Ohio Bar Association
Cincinnati Bar Association, Greater Cincinnati Minority Counsel Program (Board Representative, 2013-2016)
Federal Bar Association (Northern Kentucky/Ohio Chapter)
Dayton Bar Association (Chair, Civil Trial Practice Committee (2009-2010), Chair, New Lawyers Committee (2003-2004))
Cincinnati State Institute for Social Media (Advisory Committee, 2012-2014)
Case Western Reserve University School of Law
Baldwin-Wallace College
Changing Landscape Of Product Liability Class Actions: Did Comcast Eviscerate Product Liability Class Actions? Or, Do Whirlpool and Sears Signal Significant Changes Ahead?, Dec 1, 2013, CorporateLiveWire
Merits Inquiry and Rigorous Analysis: Ohio Supreme Court Clarifies When Merit Inquiry at the Class Certification Stage is a Proper Part of the Rigorous Analysis, July 23, 2013, Business Litigation Info Blog
Predominance Inquiry and Rigorous Analysis: Comcast Corp. Already Impacting Class Certification Appellate Review, Jul 12, 2013, Business Litigation Info Blog
Brian Wright of Faruki Ireland & Cox discusses social media law, Dec 20, 2012, Dayton Business Journal
Incentive Payments and Adequacy Challenges — Promises of Incentive Payments Can Create Conflicts of Interest Issues and Defeat Class Certification, Aug 21, 2012, Business Litigation Info Blog
Federal Court Rejects the “Prior Substantiation Doctrine” in Consumer Class Action, Requiring Affirmative Proof of False Advertising, Aug 13, 2012 , Business Litigation Info Blog
Sixth Circuit Declines to Clarify Aesthetic Functionality Test (or Even Whether the Doctrine Has Been Adopted in This Circuit): Maker’s Mark’s Wax Seal Trademark Protected and Not Functional, May 21, 2012, Business Litigation Info Blog
California’s “Shine the Light” Law: Protecting Your Business from Class Action Plaintiff’s Lawyers’ Newly-Found Weapon, Apr 24, 2012, Business Litigation Info Blog
Free Offer Advertising: “Free” Means “Free”, Apr 17, 2012, Business Litigation Info Blog
BYOD: Security Issues to Consider When Inviting Employees to “Bring Your Own Device”, Apr 13, 2012, Business Litigation Info Blog
“Negative Option Marketing” Offers Need to be Crafted Carefully to Comply With Existing Federal and State Laws, Mar 12, 2012, Business Litigation Info Blog
Release and Covenant Not to Sue Bars Subsequent Class Action: Ninth Circuit Affirms Dismissal of Putative Class Action, Feb 24, 2012, Business Litigation Info Blog
FTC Targets Work-at-Home Programs and Announces Approval of Update and Revisions to Business Opportunity Rule, Dec 19, 2011, Business Litigation Info Blog
Challenging Adequacy of Class Counsel: Misconduct Creating Serious Doubt that Counsel will Represent the Class Loyally Requires Denial of Certification, Dec 2, 2011, Business Litigation Info Blog
Early Class Certification Determinations and Use of Motions to Strike Supported by Sixth Circuit: Court Affirms Striking of Class Allegations and Rejects Certification of Nationwide Consumer Class Action, Nov 11, 2011, Business Litigation Info Blog
Reebok Settlement May Signal Changes in FTC Enforcement Strategies: FTC Seeks Consumer Restitution, But Moves Away From Two Clinical Study Substantiation, Oct 11, 2011, Business Litigation Info Blog
Although Not an “Adjudication,” Refund Programs Can Still Defeat Class Certification in the Seventh Circuit, Oct 7, 2011, Business Litigation Info Blog
FTC Policing Mobile App Marketing Claims: “When it comes to curing acne, there’s no app for that.” FTC Chairman, Jon Leibowitz, Sep 20, 2011, Business Litigation Info Blog
“Havana Club” Is Made in Puerto Rico? – Literally False Claims Can Be Cured By Carefully Crafting Advertising Messages “As a Whole”, Sep 1, 2011, Business Litigation Info Blog
The Federal Trade Commission Invites Comments and Input for Updated Dot Com Disclosures, June 29, 2011, Business Litigation Info Blog
Jackson Hewitt May Not Tack on New Jersey Consumer Fraud Claim to Lanham Act False Advertising Complaint, June 28, 2011, Business Litigation Info Blog
Social Media and Marketing: Exploring the Legal Pitfalls of User-Generated Content, Feb 1, 2011, University of Dayton Law Review
Fighting Dishonest Ads Isn’t Always Expensive, Jan 11, 2008, Dayton Business Journal, Vol. 19, No. 3
A Call for Action: Federal Anti-Pretexting Law Needed, Oct 1, 2006, Mealey’s Privacy Report, Vol. 4, #4
Sarbanes-Oxley & Internal Controls: The Not So Hidden Implications for Information Technology and Information Security, Sep 1, 2006, Mealey’s Privacy Report, Vol. 3, No. 3
Easing the Burden: Recovery of Damage Control Costs After Balance Dynamics Corporation v. Schmitt Industries, Incorporated, Mar 1, 2005, Consumer Protection Update, American Bar Association, Vol. 12, No. 2
International Business: Trends & Hot Topics, American Corporate Counsel, Southwest Ohio Chapter, Cincinnati, October 2017
Global Distribution Strategies, International Trade Association of Southwest Ohio (ITASWO), World Trade Day, Dayton, May 2017
Compliance Developments for Sales Force Polices and Distribution Agreements, Ohio State Bar Association, Antitrust Institute, Oct. 2015
Corporate Governance and Formation Issues, National Business Institute, June 2015
Consumer Class Action Update, April 2015
Safe and Appropriate Business Communication, Henny Penny Corporation Global Salesforce Meeting, April 2015
Predictive Code and Technology Assisted Review, Greater Cincinnati Association of Records Managers and Administrators (ARMA) Chapter Meeting, 2014
The Dollars and Sense of TAR (Technology Assisted Review/Predictive Coding), Cincinnati Bar Association, 2014
Daubert: New Challenges, New Opportunities, 2013
Ethics: In-House and Attorney-Client Privilege, Cincinnati Bar Association, 2013
Motor Vehicle Advertising, Canton Better Business Bureau, 2013
E-Discovery: Searching the Virtual File, National Business Institute, 2012
Top Ten Suggestions for Effective Management of Complex Business Litigation and Class Actions, 2012
Data Aggregation and Privacy on the Internet, HB Litigation Conference, 2012
Ethics of Social Networking, Potter Stewart American Inn of Court, 2011
Social Media Technology and the Law: Why Can’t We Be Friends?, Dayton Bar Association, Law and Technology Committee, 2011
Social Media Marketing, Exploring the Legal Pitfalls of User Generated Content, University of Dayton, School of Law, 2010
Social Networking and Web 2.0 Strategies for Trial Practitioners, National Business Institute, 2010
Social Media Law, Dayton Bench Bar Conference, 2010
Using Networking and Web 2.0 Sites in Trial Practice, National Business Institute, 2009
Technology: In your Brief, your Briefcase and your Pocket, Dayton Bar Association, 2009
Electronic Discovery: Law and Practice, Dayton Bar Association, 2009
Basics of Civil Litigation: Defense Perspective, Ohio State Bar Association, 2008
Techniques for Legal Research on the Web, National Business Institute, 2008
Privacy and Data Security: A Practical Guide, National Business Institute, 2008
Mortgage Lender Advertising, Greater Dayton Advertising Association, 2008
Privacy and Data Protection, Association of Corporate Counsel, 2008
E-Discovery: Applying the New FRCP Changes, National Business Institute, 2007
Find it Free and Fast on the Net: Strategies for Legal Research on the Web, National Business Institute, 2007
Ethics: E-Discovery and E-mail, Dayton Bar Association, 2007
Pointers for Civil Motion Practice, Dayton Bar Association, 2007
Internet Strategies for Legal Professionals, National Business Institute, 2006
E-Discovery and Computer Forensics: Strategies for Success, National Business Institute, 2006