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Dan Anderson's practice is focused on commercial litigation, corporate reorganization and bankruptcy litigation. He has represented financial institutions, secured and unsecured creditors, preference and fraudulent transfer defendants, and commercial landlords and tenants in all facets of litigation and bankruptcy proceedings. Dan has also represented investors seeking to acquire assets out of Chapter 11 bankruptcy proceedings.

He has also taken a lead role in many difficult and challenging cases, particularly those involving constitutional questions and the rights of cities under Home Rule. For example, Anderson developed the strategy and drafted the briefs that won summary judgment striking down the provisions of H.B. 283 which sought to limit the power of municipalities to regulate their rights of way used by utilities and telecommunications companies. Trial court granted summary judgment to Dublin finding the Right of Way legislation in violation of Dublin’s Home Rule rights and also in violation of the Single Subject Rule in the Ohio Constitution. Case No. 99CVH-08-7007.

More recently, he developed the strategy and drafted the briefs for the City of Bexley and 49 other Ohio municipal corporations in a successful constitutional challenge to Senate Bill 331, enacted in December 2016. Originally known as the “Petland Bill,” SB 331 regulated dog sales from retailers such as Petland. The day SB 331 passed, however, the legislators added numerous other provisions restricting our clients' ability to regulate micro cell installation in their rights of way, prohibiting any political subdivision from adopting its own minimum wage, and prohibiting regulation by local governments over any issues related to work benefits and hours and conditions of work. Ice Miller challenged SB 331 under various provisions of the Ohio Constitution alleging violations of the Home Rule Clause, the Uniformity Clause, the Equal Protection Clause, the Takings Clause and the One-Subject Rule. Since the One-Subject challenge is based upon the text of the bill, we litigated the One-Subject challenge first and reserved the other claims. After briefing and oral argument, Judge Richard Frye ruled that there was no commonality of subject matter among the provisions of the bill, and held that the animal-related provisions were the bill’s primary purpose. Accordingly, the animal-related provisions survived, but the micro wireless, minimum wage, and other employment provisions were struck down as unconstitutional. For more information, see this article. Case No. 17-CV-2672 (Franklin Co. CP).
Representative Clients
Reported and Representative Cases
  • Stifel Fin. Corp. v. Iannarino, No. 2:18-CV-1223, 2018 WL 6288020 (S.D. Ohio Dec. 3, 2018)
  • Evans v. City of Avon, Ohio Court of Common Pleas for Lorain County and Ohio Court of Appeals for the Ninth Appellate District.
  • Represented the Plaintiff, Jacob Evans, in a case affecting Convention and Visitors Bureaus and the hospitality and tourism industries statewide. The Plaintiff alleged that the City of Avon violated Ohio law when it imposed a 3 percent lodging tax on top of the 3 percent tax it was already collecting, in addition to the 3 percent that Lorain County had been collecting since the 1980s. The Lorain County Court of Common Pleas ruled in favor of our client and enjoined the collection of the tax, and that decision was affirmed by the Court of Appeals for the Ninth District.
  • Rentz v. Dynasty Apparel Industries, Inc. (6th Cir. 2009)
  • Represented Paul Warfield. The trial court granted Paul Warfield’s summary judgment motion dismissing claims that he was liable for a finder’s fee in connection with a joint venture to manufacture and sell athletic apparel pursuant to a license from the National Football League. After finding that numerous allegations in the pleadings were without a basis in fact the trial court imposed monetary sanctions against Plaintiff’s counsel under Rule 11 in the amounts of $2500 and $250, respectively. The amount of sanctions were found to be an abuse of discretion by the Sixth Circuit which increased the sanctions award to $29,294.87 and $3,447.37, respectively. Rentz v. Dynasty Apparel Industries, Inc., 5567 3d389 (6th Cir. 2009)
  • Qualstan Inc. Bankruptcy
  • Represented Conie Construction and Heiberger Paving in lien property dispute in bankruptcy court. Obtained judgment finding mechanic's liens had priority over those of secured lender following bench trial.
  • Represented the Official Committee of Unsecured Creditors of Genesis Worldwide in prosecution of action to recover for the benefit of unsecured creditors fraudulent transfer of Genesis assets in its pre-bankruptcy acquisition of a competitor.
Firm Publications
Published In
  • Sixth Circuit Addresses Discovery Rule for Fraudulent Transfer Claims and In Pari Delicto Defense to Aiding-and-Abetting Claims, ABI Commercial Fraud Committee Newsletter, May 2017
  • Bankruptcy Court Permits Pre-Petition Payment in Full in Order to Moot Sole Plan Objection and Permit Confirmation of Chapter 11 Plan, ABI Commercial Fraud Committee Newsletter, November 2016
  • Section 363 Bankruptcy Sales,, February 23, 2009
  • Courts Continue to Decipher Business Bankruptcies Following 2005 Reform Act, Midwest In-House, November 1, 2007
  • Congress Acts on Bankruptcy Reform, Business First, April 15, 2005
Speaking Engagements
  • Risk Analysis in Business Transactions webinar hosted by Ice Miller, June 15, 2016
  • Bankruptcy Litigation 101 - November 10, 2011
  • When Tenant Files for Bankruptcy - June 21, 2011
  • What Happens in a Workout - March 17, 2011
  • When Tenant or Landlord Files Bankruptcy - October 6, 2010
  • Ethical Considerations in Landlord-Tenant Law - October 6, 2010
  • Bankruptcy Litigation Procedure and Nuances - June 25, 2010
  • Contested Motion Practice - June 25, 2010
  • Personal Property Executions - Charging Orders - Fraudulent Conveyance Actions - October 9, 2009
  • Chapter 11 Practice Under the Bankruptcy Abuse Prevention and Consumer Protection Act - May 2, 2008
  • Electronic Case Filing - May 20, 2004
  • Commercial Real Estate Finance Basics - September 11, 2003
  • Cutting-Edge Bankruptcy Issues - September 17, 2002
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