Jeffery A. Key Of Counsel

     

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Jeffery Key focuses his practice on transportation, product liability, class action and patent litigation. He combines broad experience in litigation and business to counsel companies in all phases of disputes and litigation, as well as other complex legal and business issues. Jeff’s extensive and diverse litigation background helps him guide clients through claims and litigation, limiting exposure and achieving resolution with the best interests of his clients’ businesses foremost. 

Prior to joining Wilson Elser, Jeff was national litigation counsel for a major sporting goods holding company, serving a number of internationally recognized brand subsidiaries in the consumer and commercial products space. Jeff handled on a first-chair basis the brand subsidiaries’ range of product liability and patent litigation in federal and state courts across the country. He brings to the table vast, hands-on experience, providing a valuable perspective on how a law firm promotes its clients’ interests in litigation and ancillary issues while promoting and protecting the best interests of their businesses. 

Litigation Approach
Jeff understands and appreciates that successful litigation considers not only the matter at hand but also how that matter and its resolution impacts the business as a whole, now and in the future. Jeff is successful in creating and executing on strategy, pursuing and defending discovery, developing and arguing motions, preparing and conducting trials, and completing ultimate resolution of disputes. Further leveraging his experience in complex cases, representation includes, for example, defending class actions and the striking of class claims, patent litigation appeals in the Federal Circuit, trademark claims, catastrophic injury suits, ADA, and other business claims and litigation, helping to achieve results and outcomes that allow businesses to continue operations with minimal disruption.

Representative Matters

Obtained a directed verdict as lead counsel, and averted a potential multimillion-dollar exposure in a patent license case involving a complex tennis racquet claim. Prior to trial, won summary judgment on numerous asserted claims, which significantly limited the scope of the case and client’s potential liability. 

Secured summary judgment against a patent infringement claim involving helmet components, and successfully argued for affirmation in the Federal Circuit Court of Appeals. 

Successfully struck national class action allegations in a consumer fraud case and got the decision affirmed in the Ninth Circuit Court of Appeals; acted as lead defense counsel in numerous other diverse consumer class actions, all settled to the satisfaction of the businesses represented. 

Successfully prosecuted a patent infringement case against a prominent, competing consumer product company and won a profitable settlement paid to the client while enjoining sales of the competing, infringing product. 

Successfully defended a consumer class action through skillful discovery and motion practice, resulting in the voluntary dismissal of the putative class action with prejudice. 

Successfully investigated, crafted and pursued a design patent case against a competing consumer shoe manufacturer and won a lucrative cash settlement for the client. 

Investigated and discovered that client could assert a trademark infringement counterclaim on golf clubs while defending a case of alleged patent infringement, and successfully turned the case around into a net positive with a substantial monetary settlement flowing to the client.  

Successfully settled a high-exposure product liability claim ‒ alleging a defective critical component in which a high-income plaintiff was paralyzed ‒ for a fraction of pre-litigation demand, and within limits of the applicable policies. Teamed with a hired plaintiffs’ counsel in a mock trial to turn the tide on the case evaluation, and ultimately refine our defense strategy in the best interests of the client. 

Prevailed in a critical trial defending a major medical practice group against an attempted institutional takeover by a large not-for-profit medical complex in Cleveland, Ohio. 

Succeeded at trial on behalf of an officer of a start-up business in which the client asserted corporate fraud against the CEO of the startup, and successfully defended the verdict on appeal. 

Successfully defended at binding arbitration Ohio’s then-largest architectural firm against a $1.6 million construction malpractice suit asserted by the developer of a medical campus hotel. 

Participated in a four-month class action trial by physicians asserting in excess of $100 million in underpaid usual, customary and reasonable (UCR) benefit fees, and assisted with the ultimate settlement of the claims. 

Obtained summary judgment against a helmet company that asserted trade dress claims against a number of competitors in the market; selected by the Joint Defense Group to prepare and argue the successful motion practice. 

Obtained a verdict for a Fortune 500 company in a corporate acquisition suit by an investor group that asserted various counts of fraudulent conduct.