Gregory R. Farkas

Representative Experience

• Successfully obtained a motion to dismiss in a nationwide class action alleging deceptive advertising practices relating to online reviews.
• Representation of insurers in statewide breach of contract and bad faith actions.
• Obtained summary judgment for an insurer in a coverage and bad faith case of first impression under the Affordable Care Act.
• Representation of automotive finance lender in putative nationwide consumer fraudulent leasing practices class action where class certification was reversed by the court of appeals.
• Obtained summary judgment for insurer in case alleging breach of contract and fraud in connection with failed purchase of agency.
• Representation of financial institution in putative nationwide consumer fraudulent mortgage release class action.
• Representative of cellular telephone service provider in putative nationwide consumer fraudulent advertising class action.
• Representation of automotive lender in statewide class action alleging violations of Uniform Commercial Code in connection with sale of repossessed vehicles.
• Representation of network of automobile dealerships in multiple statewide class actions alleging deceptive advertising practices.
• Representation of automotive lender in putative statewide class action challenging validity of banking fees.
• Representation of insurer in putative statewide ERISA class action.
• Representation of employers in ERISA benefits vesting class actions.
• Representation of employers in wage and hour class actions.
• Representation of manufacturer in putative nationwide deceptive advertising class action.
• Representation of manufacturer in putative statewide products liability and breach of warranty class action.

Education & Admissions

Education

• University of Michigan, J.D., cum laude, 1997
• Michigan State University, B.A., high honors, 1994

Bar and Court Admissions

• State of Ohio
• Supreme Court of the United States
• US. District Court, Northern District of Ohio
• US. District Court, Southern District of Ohio
• US. Court of Appeals, Second Circuit
• US. Court of Appeals, Sixth Circuit
• US. Court of Appeals, Ninth Circuit
• US. Court of Federal Claims

Involvement

Professional Affiliations

• Ohio Association of Civil Trial Attorneys, Member
  • Commercial Litigation Committee, Chair
  • Board of Directors, Member
• Ohio Bar Association, Member
• Defense Research Institute (DRI), Member
  • Commercial Litigation Committee
    • Steering Committee Member
    • Class Action Committee, Member
    • Complex Commercial Litigation Committee, Member
  • Financial Institutions & Creditors’ Rights Committee, Member
  • Center for Law and Public Policy, Member
  • Federal Rules Task Force, Member
• Cleveland Metropolitan Bar Association, Member
• ALFA International, Member

Community Involvement

• Youth Challenge, Former Board Member
• Heights Youth Club, Former Board Member and Vice President
• The Boys & Girls Clubs of Cleveland, Former Board Member
• Cleveland Leadership Center, Cleveland Bridge Builders (2014)

Awards & Honors

• Named Best Lawyers^® “Lawyer of the Year” in Cleveland in Mass Tort Litigation/Class Actions—Defendants (2024)

• Named to Best Lawyers^® in the areas of Mass Tort Litigation/Class Actions-Defendants (2018 – Present), Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (2019 – Present), and Commercial Litigation (2019 – Present)
• Recognized by Ohio Super Lawyers as a Rising Star (2006) and a Super Lawyer (2014 – Present)

Publications

• “Just What I Wanted for the Holidays: Changes to the Federal Rules of Evidence,” Frantz Ward Client Alert (December 2023)
• “Corporate Officer Beware: Delaware Court of Chancery Says You Owe Caremark Duties,” Frantz Ward Client Alert (February 2023)
• “Still Unsafe? Unresolved Issues Under the Ohio Savings Statute,” Frantz Ward Client Alert (July 2022)
• “Staying Out of Trouble: The Emerging Standard for Evaluating Alleged Violations of the Automatic Stay,” Frantz Ward Client Alert (March 2022)
• “Unpacking the Packing: A Perspective on the Efforts to Expand the Supreme Court,” Podcast Guest – Shoveling Smoke – A Frantz Ward Lawcast
• “A ‘Sophisticated’ Question. Application of the Sophisticated User Defense Under Ohio Law,” Ohio Association of Civil Trial Attorneys (OACTA) Quarterly Newsletter (July 2021)
• “Math Can Be Hard: Singular and Plural References in Contract Interpretation,” Frantz Ward Client Alert (May 2021)
• “Did The Ohio State University Just Burst Redbubble?” Frantz Ward Client Alert (March 2021)
• “Is Grandma’s Secret Recipe a Trade Secret?” Ohio Association of Civil Trial Attorneys (OACTA) Quarterly Newsletter (December 2020)
• “Protest Coverage. Do You Have It?” Frantz Ward Client Alert (June 2020)
• “Documenting Business Interruption Losses,” Frantz Ward Client Alert (May 2020)
• “If You Ain’t Cheating, You Ain’t Trying: The Intersection of Fantasy Sports and Sign Stealing,” Frantz Ward Client Alert (February 2020)
• “How Safe Are You? Jurisdictional Issues in the Application of the Ohio Savings Statute,” Ohio Lawyer (Winter 2019)
• “Class Actions Come for Cannabis,” Frantz Ward Client Alert (October 2019)
• “Cease Fire! What Does it Mean to ‘Cease Collection of the Debt’ Under the FDCPA?” The Voice (February 2019)
• “Is that Seat Taken? The Empty-Chair Defense and Allocation Fault to Immune Parties,” Frantz Ward News (January 2019)
• “Frantz Ward Client Obtains Favorable Ruling in Medical Marijuana Litigation,” Frantz Ward News (November 2018)
• “Ohio Provides Affirmative Defense to Companies Meeting Cybersecurity Standards,” Frantz Ward Client Alert (October 2018)
• “Application of the Attorney-Client Privilege in Joint Representations,” Defense Research Institute (DRI) Newsletter (August 2018)
• “Inadvertent Waiver of Arbitration as to Absent Class Members: A Potential Trap for the Unwary,” Defense Research Institute (DRI) Newsletter (June 2018)
• “Does ‘Any’ Really Mean ‘Any’? Ohio Courts Split on The Application of The Construction Statute of Response to Breach of Contract Claims,” Frantz Ward Litigation Lowdown (February 2018)
• “Chilton–Clark vs. Fishel–Professional Liability and Expert Testimony,” Frantz Ward Client Alert (October 2016)
• “Are the Changes to the Rules of Civil Procedure Regarding Spoliation of ESI Changing Anything Yet?” Defense Research Institute — The Voice of the Defense Bar (March 2016)
• “Is a Consumer a Person, and Why Does it Matter? Liability for Consumer Claims Under the Ohio Deceptive Trade Practices Act,” Cleveland Metropolitan Bar Journal (September 2015)
• “The Accrual of Legal Malpractice Claims. Best Practices to Avoid Uncertainty,” Ohio Lawyer (January/February 2015)

• “Civil Liability for Criminal Acts: Unravelling the Mystery of R.C. 2307.60,” Cleveland Metropolitan Bar Journal (February 2015)
• “Protecting the Corporate Attorney-Client Privilege,” Association of Corporate Counsel’s (ACC) Focus Newsletter (June 2014)
• “Mentoring Committee: What To Do When You Receive a New File,” The Business Suit (December 2013)
• “Commercial Litigation in the United States Supreme Court: Court to Resolve Circuit Split Over Standing in Lanham Act Litigation,” The Business Suit (November 2013)
• “The Continuing Saga of Class Action Fairness Act Jurisdiction,” Defense Research Institute (DRI) Newsletter (November 2013)
• “Is What is Good for the Goose Good for the Defendant? Application of the Twombly/Iqbal Pleading Standard to Affirmative Defenses in the Sixth Circuit,” The Business Suit (February 2013)
• “A Brief Note About Notes,” Cleveland Metropolitan Bar Journal (January 2013)
• “Duty Bound: Ohio Corporations in the Zone of Insolvency,” Ohio Lawyer (October 2012)
• “Is Dukes a Hazard to State Court Class Certification? A Survey of State Court Decisions Applying Wal-Mart Stores, Inc. v. Dukes,” The Business Suit (March 2012)
• “Defense Research Institute 50 State Class Action Compendium,” Defense Research Institute (DRI) Newsletter (2011)

Presentations & Lectures

• “Protecting the Privilege – What Defines a Privileged Communication When In-House Counsel Wears More than One Hat,” (Co-Presenter) Frantz Ward ACC Seminar (August 2022)
• “What’s So Privileged About Attorney-Client Privilege?” Association of Corporate Counsel, Cleveland, OH (August 2021)
• “Ethical Considerations for In-House Counsel,” Cleveland Metropolitan Bar Association Webinar (August 2020)
• “Hemp-related Litigation: Pitfalls and Protections,” Halfmoon Education Inc. Industrial Hemp Law, Applications and Economics Seminar, Columbus, OH (January 2020)
• “Discovery Bootcamp.” National Business Institute, National Webcast (December 2018)
• “Avoiding Exhibit A- Communications Training and Strategies for Creating the Right Documents,” Northeast Ohio Association of Corporate Counsel, Cleveland, OH (June 2018)
• “Business Tune Up,” Metal Building Interiors, Cleveland, OH (May 2018)
• “Mixing Legal and Business Advice,” Frantz Ward Litigation Panel Series, Cleveland, OH (November 2017)
• “You Mean All These People Are After Us?,” Panelist, ALFA Product Liability & Complex Torts Seminar, Santa Barbara, CA (October 2017)
• “Attorney-Client Privilege Issues,” Northeast Ohio Association of Corporate Counsel, Cleveland, OH (June 2017)
• “Overview of Amended Federal Rule of Civil Procedure, a Look at What Has Changed,” National Business Institute, Cleveland OH (March 2017)
• “Making the Record: The Pitfalls, Tips and In-Depth Look at Creating and Using Incident Reports,” ALFA International, Webinar (November 2016)
• “Human Resources, the Attorney-Client Privilege, and Work-Product Doctrine, Parts 1 and 2” Ohio State Bar Association, Webcasts (May 2016 and August 2016)
• “Complex Litigation Seminar,” Columbia University, Professor John C. Coffee, New York, NY (February 2013; February 2014; February 2016)
• “Protecting the Corporate Attorney-Client Privilege,” Clear Law Institute (September 2015)
• “Copying An Attorney Doesn’t Make An Email (Or Any Other Communication) Privileged,” Defense Research Institute’s Let’s Talk Series (April 2015)

• “Bankruptcy: From a Creditor’s Perspective—Bankruptcy Litigation,” National Business Institute, Toledo, OH (December 2014)
• “The In-House Attorney-Client Privilege: Reducing the Uncertainty,” The Cleveland Intellectual Property Law Association, Cleveland, OH (November 2014)
• “The Corporate Attorney-Client Privilege,” Goodyear Global Law Conference, Akron, OH (October 2014)
• “The Corporate Attorney-Client Privilege,” Eaton Corporation, Cleveland, OH (April 2014)
• “Protecting the Corporate Privilege,” Northeast Ohio Association of Corporate Counsel, Cleveland, OH (February 2014)
• “Lower Court CAFA Developments,” Defense Research Institute’s Commercial Litigation Conference, Chicago, IL (May 2013)
• “Advising Corporate Directors,” Ohio State Bar Association, Columbus, OH (May 2012)

Media Coverage

• Mentioned in, “Lawyers, Firms Receive Recognition,” Cleveland Jewish News (January 2021)
• Quoted in, “Monthly Growth in Ohio Marijuana Patient Rolls Picked up in September; Class-Action Lawsuits Start Hitting CBD Manufacturers,” Crain’s Cleveland Business (October 2019)