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SERVICES

Appellate Proceedings

Commercial Litigation

Intellectual Property Litigation

Litigation

Manufacturing

Product Liability and Medical Device

EDUCATION

Case Western Reserve University School of Law, J.D.

Student of the Year Award

Adelstein Environmental Law Award

Case Western Reserve University Western Reserve College, B.A., cum laude

Triple major: Chemistry, History, and Natural Sciences

LICENSED TO PRACTICE

Ohio

U.S. District Court, Northern and Southern Districts of Ohio

U.S. District Court, District of Colorado

U.S. Court of Appeals, Sixth Circuit

U.S. Supreme Court

Pro hac vice admissions in state and federal courts throughout the U.S. in numerous matters

CRAIG A. MARVINNEY

Partner

PH 216.928.2889

FX 216.916.2433

cmarvinney@walterhav.com

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OVERVIEW

Partner Craig Marvinney is a trial attorney with decades of first-chair experience in jury and bench litigation, appellate practice, and administrative hearings, mediations, and arbitrations. He focuses on:

• Business, commercial and complex litigation• Pharmaceutical and medical device litigation• Cybersecurity, Data Breach and Cyber-law compliance counseling• Intellectual property litigation• Insurance Catastrophic Loss and Extra – Contractual Liability• Insurance coverage, excess insurance, and re-insurance litigation• Product liability litigation• Alternative Dispute Resolution

In 2015, the Federation of Defense and Corporate Counsel (“FDCC”) named Craig to its Board of Directors and awarded him its annual FDCC CONNECT award in recognition of his work in advancing the FDCC’s referral network.

Since 1993, a succession of U.S. district court judges has appointed Craig to the Northern Ohio district Panel of ADR Neutrals. He is an in-demand speaker on topics related to trial advocacy.

Craig is an adjunct professor at Case Western Reserve University School of Law and a winner of the university’s Newton D. Baker Distinguished Service Award.

EXPERIENCE

COMMERCIAL LITIGATION• National Coordinating Counsel, through trial, of high-exposure commercial claims involving

several lawsuits including a Colorado state class action arising from mass sales of construction components, leading to the creation of a $300 million settlement fund.

• Defended $163 million excess insurance claims litigation arising from structural damage in over 20,000 prefabricated apartment modules in 1,500 buildings throughout Florida.

• Performed due diligence for a Europe-based acquisition merger target, sought by a major United States-based law firm.

• Forced settlement of a $54 million extra-contractual insurance liability matter against a major Ohio commercial claims insurer at a fraction of the original claim amount.

• Secured and collected a multi-million dollar U.S. judgment award against a Finnish insurer on behalf of both American and British interests.

• Appraiser in a multi-million dollar mining business-interruption claim involving tax treatment coverage and mine depletion allowances.

• Coordinating Ohio counsel for tobacco product producer in class action, insurance fund, and attorney general actions.

• Trial team in Chilean tire industry commercial action arising out of the re-privatization of the industry by the Chilean government.

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• Defense team in seminal mass-tort litigation actions including those arising from the MGM Grand Hotel, the Las Vegas Hilton and the Beverly Hills Supper Club fires.

PROFESSIONAL LIABILITY & DISCIPLINE LITIGATION• Defended a significant patent law firm from multiple patent/intellectual property legal

malpractice, fraud and misrepresentation claims in federal and state courts.

CYBERSECURITY• Counsels clients on cybersecurity issues, including data breach response, hacking defense,

Internet-of-Things risks, 3D printing risks, IRP development, notification compliance and cyber-risk insurance issues.

REPORTED OHIO SUPREME COURT CASES• Tracy v. Merrell Dow Pharmaceuticals, Inc. (1991), 58 Ohio St.3d 147, 569 N.E.2d 875

• Walters v. Enrichment Center of Wishing Well, Inc. (1997), 78 Ohio St.3d 118, 676 N.E.2d 890

• In re McCarthy (1995), 72 Ohio St. 3d 542, 651 N.E. 2d 963

PRODUCT LIABILITY LITIGATION• Counsel for product liability and multi-district litigation, most notably for pharmaceutical and

medical device concerns including cardiac pacemakers, defibrillators, blood vessel filters, vaginal mesh implants phenyl-propanolamine (PPA), psyllium, Nicorette, and Ephedra.

PHARMACEUTICAL AND MEDICAL DEVICE LITIGATION• Defended, through trial and ultimately before the Ohio Supreme Court, a pivotal wrongful death

claim against a $1 billion pharmaceutical product line.

RECOGNITION

• Craig was featured in an article which appeared on August 31, 2015 in the “Reporter’s Notebook”

section of Crain’s Cleveland Business. In this piece, written by reporter Jeremy Nobile and titled,

“One open door leads to another,” Craig was recognized for his recent election to the board of

the prestigious national Federation of Defense and Corporate Counsel (FDCC) and for his receipt

of the organization’s annual FDCC Connect Award

• AV rated by Martindale-Hubbell

• 2015 Federation of Defense and Corporate Counsel Annual FDCC CONNECT Award, for

advancing the FDCC Referral Network

• 2006-2011; 2015-2020 – Selected to Ohio Super Lawyers list. Areas of practice: Civil Litigation:

Defense; PI – Products: Defense.

• “Super Lawyer Corporate Counsel Edition” [Intellectual Property] (2008-11)

• 2010-2011; 2019-2020 – Selected for inclusion in the 2010-2011 editions of The Best Lawyers in America© (Intellectual Property Litigation). Also listed in the 2019-2020 editions for Litigation-

Insurance.

• Case Western Reserve University Newton D. Baker Distinguished Service Award (1997)

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RECENT ARTICLES

• Trust but verify insurance policy coverage before it’s too late

• Common Sense Communication Cuts Cyber Risk

• Preparing for the next big cybersecurity challenge: What we’ve learned from the Sony hack of

2014

PRESENTATIONS

• November 2018 – “Ethical Considerations for Attorney Communications Using the New Tech of

the New Millennium,” Toledo Bar Association Annual Program on Professionalism, Toledo, Ohio

• October 2018 – “A Conversation with…,” Defense Research Institute podcast; Marvinney shared his

thoughts on how to grow a legal practice with podcast host Frank Ramos

• May 2018 – “Advanced Mediation Considerations for Claims Supervisors” and “Preparation for

Corporate Representative Depositions,” Federation of Defense & Corporate Counsel Litigation

Management College Graduate Program, Chubb Conference Center, Philadelphia, Pennsylvania

• June 2016 – “Cybersecurity and Data Breach Risk,” Co-Presenter, 2016 Litigation Management

College Graduate Program, FDCC Sponsored at Emory University, Atlanta, Georgia

• July 2015 – “Cybersecurity: Anatomy of a Debacle – Implications of the Sony Hack of 2014,”

Intellectual Property Section Program of the Federation of Defense & Corporate Counsel, 2015

FDCC Annual Meeting, Banff, Alberta

• June 2015 – “Mediation of the Complex Case: Perspectives and Techniques to Achieve Excellent

Results” – The 2015 Litigation Management College Graduate Program, per the Federation of

Defense & Corporate Counsel, at Emory University, Atlanta, Georgia

• June 2014 – “Coverage and Reporting for Claims Professionals,” 2014 Litigation Management

College, FDCC sponsored at Emory University, Atlanta, Georgia

• August 2013 – “Avatar in the Courtroom: Is 3D Printing Ready for Prime Time?” Co-moderator and

panelist on Cutting Edge Trial Presentation Technology, 2013 FDCC Annual Meeting, Colorado

Springs, Colorado

• July 2013 – “Comparative Strengths and Weaknesses of Voluntary and Mandatory Mediation

Programs in the United States Circuit Courts of Appeals,” as panelist and discussion leader

in “Putting the Pieces Back Together Again: Mediation in the United States Circuit Courts of

Appeals,” Joint Program of the Appellate and Alternative Dispute Resolution Sections of the

Federation of Defense & Corporate Counsel, 2013 FDCC Annual Meeting, Colorado Springs,

Colorado

• October 2012 – Small Business Implications from the Patent Reform Act,” Clear Channel

Communications: The Craig Peterson Show: Tech Talk; Radio Interview on WGIR AM 610/WQSO

FM 96.7; New England Market, Global Podcast Download, Boston, Massachusetts, click here for a

transcript of the interview

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• August 2012 – “Risks on the Horizon: Perspectives in Legal Malpractice Defense Arising from New

Technologies under the Patent Reform Act of 2011,” 2012 FDCC Annual Meeting, Whistler, British

Columbia

• June 2012 – “Trial Technology – What’s Needed and Where Are We Going,” Swiss Re Americas

Claims Conference, Chicago, Illinois

• June 2012 – “Coverage and Reporting for Claims Professionals,” 2012 Litigation Management

College, FDCC sponsored at Emory University, Atlanta, Georgia

• February 2012 – “Patent Law for the Everyday Lawyer,” 2012 FDCC Winter Meeting, Phoenix,

Arizona (February 2012)

• July 2011 – “Cultivating a Discipline of Creativity in Your Practice – A Jeffersonian Perspective,”

2011 FDCC Annual Meeting, Williamsburg, Virginia

• September 2010 – “Trial Technology in the Courtroom of Tomorrow,” International Association of

Claims Professionals Annual Meeting, Amelia Island, Florida

• July 2010 – “Maximizing Case Efficiency for the Ultimate in Client Satisfaction,” 2010 FDCC Annual

Meeting, Munich, Germany

• August 2009 – “Trial Technology 2020, What Does the Future Hold?” FDCC Insurance III

Symposium 2020, New York, NY (“Cultivating a Discipline of Creativity for Trial,” Florida Defense

Lawyers Association, Miami, Florida

• July 2009 – “The Art of Mediation,” 2009 FDCC Annual Meeting, Hot Springs, Virginia

• April 2009 – “Nuts & Bolts of Appellate Practice – The Ohio Supreme Court,” panel with Ohio

Supreme Court Justices Terrence O’Donnell and Maureen O’Connor, the Manos Inn, Cleveland,

Ohio

• April 2009 – “Data Breaches – An Examination into Inadvertent Data Disclosure,” Commercial &

Intellectual Property Symposium, DRI, Chicago, Illinois

• February 2009 – “How ADR Masters Prepare and Win – Mediation & Negotiation, 2009 FDCC

Winter Meeting, Kauai, Hawaii

• May 2008 – “Challenges of Responding to Electronic Discovery Demands,” DRI Drug & Medical

Device Program, New Orleans, Louisiana

• June 2007 – “The Plaintiff’s Closing Statement, a Live Demonstration,” FDCC Litigation

Management College, Emory University, Atlanta, Georgia

• October 2006 – “How Protected Are You: Attorney – Client Privilege Update,” Joint Program of

the Property Loss Research Bureau [PLRB] and the FDCC, Chicago, Illinois

• July 2005 – “Intellectual Property and Insurance Coverages,” 2005 FDCC Annual Meeting, San

Diego, California

• 2004 – “Complex Cross – Border Considerations in Canadian and American Litigation,” Ontario

Bar Association; Toronto, Ontario

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• 2003 – “American Counsel Considerations in Cross – Border Ontario – Quebec – U.S. Complex and

Bankruptcy Litigation Matters,” FDCC 2003 Annual Meeting, La Malbie, Quebec

• 2000 – “Making the Demonstrative Evidence Specialist an Invaluable Part of the Defense Trial

Team,” Demonstrative Evidence Specialist Association Annual Conference, appearing with USDJ

Kathleen O’Malley (N.D. Ohio), Cleveland, Ohio

• 1998 – “Focusing Your Case for Trial in a Rocket Docket Era,” Ohio State Bar Association Annual

Meeting, Litigation Section Presentation, Cleveland, Ohio

• United States District Court Panel of ADR Neutrals Training Program: Speaker and panelist on

mediation and how to approach it to train the ADR Neutrals, Cleveland, Ohio (1990s)

• September 1991 – Speaker: “How Courts Interpret a Manufacturer’s Communications to

Consumers: The Learned Intermediary Doctrine,” The Food and Drug Law Institute seminar FDA

Initiatives in Advertising and Promotion, Washington, D.C.

ASSOCIATIONS

• The Federation of Defense & Corporate Counsel [FDCC](1999-present); Director (FDCC Board

of Directors) 2015-17; Program Chair 2019 Winter meeting; Editor FDCC Flyer Magazine (2016-

2018); Construction Law Section Chairman (2015-16); Trial Masters Program (2015-16); Alternative

Dispute Resolution Section Chairman (2011-15); Litigation Management College Graduate Program

Faculty (2010-present) Emory University, Atlanta, Georgia; Litigation Management College

Faculty (2003-12) Emory University, Atlanta, Georgia; Intellectual Property Section Vice Chair

(2012-15); Corporate Counsel Initiatives Committee (2006-13)

• Ohio State Bar Association (1982 – present), Litigation Section

• Cleveland Bar Association (1986-present), Litigation Section, Joint Bar Admissions Committee of

the Cleveland and Cuyahoga County Bar Assoc./Bar Admissions Committee of the Cleveland Bar

Association (1986-present) – Chairman (1997)

• United States Sixth Circuit Judicial Conference (Life Member 2009-present)

• Ohio Eighth District Judicial Conference (Life Member 2008-present)

• United States District Court (N.D. Ohio) Panel of ADR Neutrals, eight terms (1993-present.

Arbitrator/ENE Neutral). Appointed to the Panel first by Chief Judge Thomas Lambros, and

subsequently by Chief Judges George White, Paul Matia, James Carr, and Solomon Oliver, Jr.

• United States District Court (N.D. Ohio) Federal Court Advisory Group (emeritus 2011-2016, active

member 2002-11). Appointed by U.S. District Judge Dan A. Polster

• Lawyers Guild of the Catholic Diocese of Cleveland: (2003-present); President for two terms

(2009-11); Executive Board (2005-present). Appointed to these positions upon recommendation

of the Board to then-Bishop Anthony Pilla and present Bishop Richard Lennon

• National Institute of Trial Advocacy (1986-2009 Faculty Member re: Expert Witness Depositions,

Great Lakes Depositions, Trial Practice and E – Discovery Programs)

• John M. Manos Inn of Court Master (2010-present); Barrister (2005-2009)

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• Case Western Reserve University – School of Law: Adjunct Professor (Lawyer Process Skills,

Negotiation and Oral Advocacy, 2005-present); Board of Governors (1994-97); Foreign LLM

Program Board Member (2007-12); Faculty Lecturer re: American Civil Procedure

• Case Western Reserve University – named to the Board of Directors of The Alumni Association

– the overall umbrella organization for the entire university – for a 3-year term commencing in

September 2013

• Case Western Reserve University – Undergraduate Alumni Association Charter President (1991-

93); Executive Board (1991-94); Western Reserve College Alumni Assoc. (1979-88) – Executive

Board (1988); Case Western Reserve University Alumni Association of the Colleges Executive

Board (1989-91); Chairman of the Ad Hoc Liaison Committee on Merging the Alumni Associations

of the Colleges and Institute (1990-91)

• City of North Royalton Planning Commission (1995-2004) – Chairman (1997, 2002-04)

• City of North Royalton Master Plan Task Force (2000-05); Chairman (2000-05): Led successful

community election campaigns in North Royalton to amend the City Charter establishing and

requiring Master Plan compliance (2002) and to rezone over 70% of the land area in the City of

North Royalton (2004)

• St. Albert the Great Parish, North Royalton: -Parent Teacher Organization (1990-2006); President

(1994-95). Founded fundraising program that has raised over $750,000 for the parish to date;

Parish Council (1994-96); Chairman, Diocesan School Futuring Committee and School Expansion

Committee (1996-98)