Kevin Murch is a partner in Ice Miller’s Litigation and Intellectual Property Group. Murch focuses his practice on products liability litigation, commercial litigation, private securities litigation, trade secrets and business torts.
Kevin has experience representing manufacturers, distributors and suppliers in defending product liability cases. Kevin has represented clients concerning a wide array of products, including:
• heavy machinery
• industrial equipment
• agricultural equipment
• HVAC systems.
Kevin also works with these clients to counsel them on risk management and litigation avoidance.
Kevin also represents financial industry clients, as well as individual financial and investment representatives, in all facets of securities disputes including:
• unauthorized trading
• margin deficiencies
• breach of fiduciary duty
• negligence and shareholder derivative litigation
• employment agreements (non-solicitation and other restrictive covenants)
• enforcement of promissory notes and forgivable loan agreements
He is an approved arbitrator for the Financial Industries Regulatory Association (FINRA).
Through both his securities and general commercial litigation practice, Kevin has significant experience with restrictive covenant, unfair competition and trade secret actions. Kevin has enforced restrictive covenants such as non-disclosure, non-compete and non-solicitation agreements and defended against the enforcement of unreasonable agreements in state and federal courts.
Kevin received his Bachelor of Arts from The Ohio State University in 1993 and his juris doctorate from Capital University Law School in 1996, cum laude, where he was publishing editor of the Capital University Law Review and a member of the Order of the Curia.
Reported and Representative Cases
Beheler Excavating Inc. v. Tuscarawas County Bd. of Commr's.- Received jury verdict in favor of contractor on a sanitary sewer project for damages arising from unforeseen and unanticipated subsurface conditions, changed site conditions, and incomplete and inaccurate contract documents.
Case Leasing & Rental, Inc. v. Ohio Department of Natural Resources - Successfully prosecuted a multi-million dollar claim against the Ohio Department of Natural Resources on behalf of Case Leasing & Rental, Inc. whose business was destroyed by flooding from Grand Lake St. Marys (GLSM), a state-owned and managed lake located in Northwest Ohio. The case involved detailed hydrologic and hydraulic analysis to prove ODNR was negligent in the redesign and construction of a spillway which caused massive flooding in the area.
Committee of Unsecured Creditors of Cooker Restaurant Corp. v. Arthur G. Sealbinder, et al - Represented committee of unsecured creditors against the former board member of corporation in breach of contract claim and obtained $2.7 million arbitration award.
CheckSmart v. Craig - Successfully enforced non-competition and non-solicitation agreement against a former employer who was operating a competing business.
Collins v. SG Cowen - Obtained award from arbitration panel of the National Association of Securities Dealers (NASD) on behalf of a family against their former investment representative as a result of the representative's mismanagement of their investment accounts.
McDonald Investments, Inc. v. Fearn, 5th Dist. App. No. 01CAE08039, 2002–Ohio–898 - Court of Appeals affirmed vacating cognovit note judgment against brokerage firm employee based upon a “forgivable” loan. The court held that by making the arbitration provisions of the National Association of Securities Dealers a prerequisite for employment, the brokerage firm was barred from seeking a cognovit judgment in court when the broker terminated his employment.
Tackett, et al. v. Limbach Company, 10th Dist. App. No. 04AP-261, 2004-Ohio-6979 - Successfully obtained summary judgment in favor of supplier of HVAC equipment in defense of product liability claim.
Edward Jones & Co. v. Aldridge, et al. - Successfully obtained injunctive relief against former investment representatives of Edward Jones & Co. enjoining them from soliciting client's customers and from disclosing client's confidential proprietary information.
Kent et al. v. Huntington National Bank, 145 Ohio App3d 745, 764 N.E. 2nd 480 (2001) - Represented Huntington National Bank as special appellate counsel and obtained reversal of summary judgment granted against Huntington where the trial court had improperly determined the priority status of mortgages under R.C. §5301.232(B).
Bowman v. Shawnee State Univ., 220 F.3d 456 (6th Cir. 2000) – Successfully defended state university and its dean of education against claims of sexual harassment, discrimination, and retaliation asserted by former professor.
Chubb v. Ohio Bureau of Workers’ Compensation, 81 Ohio St. 3d 275, 690 N.E.2d 1267 (1998) – Successfully argued to Ohio Supreme Court on behalf of state agency that public employees can waive their classified status.
“Data Privacy and Social Media,” The Knowledge Congress, March 12, 2012.
“Non-Compete Agreements and Enforcement,” Association of Corporate Counsel Seminar, Columbus, Ohio, August 22, 2008.