David G. Kern

E: david.kern@fisherbroyles.legal

D: (513) 340-4719

M: (513) 265-7662

F: (513) 239-5163

Cincinnati, Cleveland and Columbus Offices

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Practice Areas:

  • Condemnation/Eminent Domain
  • Financial Services & Lending
  • General Corporate
  • Insurance
  • Litigation – Appellate
  • Litigation – Civil Pretrial and Trial Services
  • Litigation & Risk Management
  • Mediation
  • Political Law & Litigation
  • Real Estate
  • Trusts & Estates

Bar Admissions:

  • Ohio
  • U.S. Court of Appeals, 6th Circuit
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Indiana

Education:

  • The Ohio State University College of Law; J.D. 2000
  • Ohio State Law Journal
  • CALI Award for Excellence
  • Sewanee: The University of the South, B.A. 1996 (English and Political Science)
  • Order of the Gownsmen
  • Omicron Delta Kappa

Large Law Firm Experience:

  • Roetzel & Andress, L.P.A.

Mr. Kern is a commercial and business litigator who has a special focus on sophisticated business disputes, risk management and liability defense. In addition to contract disputes, he has extensive background litigating business torts such as fraud, negligent misrepresentations, trade secrets, and covenants not to compete. He also has an extensive background with insurance bad faith claims, construction litigation, foreclosure actions, banking and commercial lending, receivership litigation, lender liability, fiduciary litigation, and real estate loan workouts/restructuring. He also practices in the area of real estate litigation, including eminent domain and easement disputes.

Mr. Kern’s experience includes first chair trial experience and litigation management, mediations and appellate practice in federal and state courts. He has partnered with a wide range of clients, including major corporations, closely held businesses, private individuals, and financial institutions nationwide.

A Story of Client Success

As lead litigation attorney, Mr. Kern successfully resolved the most complex civil dispute ever to be litigated in Hamilton County (Cincinnati) Ohio. Mr. Kern’s client was a large international bank prosecuting a $100 million foreclosure and guarantor action involving Kenwood Towne Place, a high profile multi-use shopping mall, office tower and publicly financed parking garage. Mr. Kern successfully defended the bank from counterclaims brought by more than 100 parties, including guarantors, investors, contractors, subcontractors and real estate developers. These counterclaims involved allegations of lender liability, construction loan disputes, allegations of fraud and negligent misrepresentation, lien avoidance, a battle over attempts to prime the bank’s construction mortgage, easement disputes, receivership litigation, life/safety issues and a dispute involving Port Authority-backed bond funding.

Simultaneously, Mr. Kern successfully prosecuted a fraudulent conveyancing action against the guarantors of the Kenwood Towne Place construction loan. He also advised and counseled the bank, and navigated a joint state and federal criminal investigation that resulted in multiple indictments and a lengthy federal trial against one of the guarantors of his client’s construction loan.

Mr. Kern was the architect of a litigation strategy that resulted in summary judgment in his client’s favor on nearly every claim—and the remaining claims he took to trial where they were successfully resolved. Mr. Kern successfully defended the bank from attempts to stay the foreclosure of its collateral, achieving victories in the trial court, Court of Appeals and Ohio Supreme Court. Immediately following the foreclosure sale, Mr. Kern negotiated and executed the sale and assignment of his client’s winning bid, flipping the property to the hands of private equity investors.

Outside General Counsel

As outside general counsel for a number of closely held businesses, Mr. Kern functions as a problem solver. He helps both start-ups and established companies succeed. He frequently counsels clients on risk management and risk avoidance, real estate, contracts, employment matters, product liability and insurance coverage.

A History of Public Service and Recognition

Before entering private practice, Mr. Kern served as an Assistant Attorney General in the Environmental Enforcement Section of the Ohio Attorney General’s Office where he served as first chair trial counsel representing Ohio EPA before state and federal courts, as well as administrative tribunals. Mr. Kern also served as an Associate Solicitor for the State of Ohio’s Major Appeals Group, representing the state and its agencies in high profile matters before the Sixth Circuit Court of Appeals and the U.S. Supreme Court.

Mr. Kern was selected as an “Ohio Super Lawyer—Rising Star” by Ohio Super Lawyers Magazine (2006, 2007, 2008, 2009, 2010, 2011 and 2012). He is a member of the Cincinnati Bar Association, and serves on the vestry of Christ Church Glendale (Episcopal).

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