Adam J. Russ

Throughout his career, Adam has helped individuals and businesses of various sizes solve their most challenging problems, whether inside the courtroom or working to avoid it. He has comprehensive experience in complex contract disputes, consumer protection, creditors’ rights, employment and various statutory and tort-related claims across healthcare, banking, financial services, insurance, retail, construction, transportation and manufacturing industries. Adam also has significant appellate experience, including numerous successful oral arguments.

Having tried cases to verdict, Adam understands the heavy burden and expense of trials. Clients have come to value his practical and pragmatic solutions—including developing nuanced procedural and technical defenses to achieve dismissal and summary judgment. Responsiveness, persistence, and command of the case at hand are hallmarks of his practice.

In the years since graduation, Adam has actively served his alma mater. He serves as a regular instructor in Notre Dame Law School’s Intensive Trial Advocacy program. At the local level, Adam has served as Program Chair of the Universal Notre Dame Night celebration for the Notre Dame Club of Cleveland and Notre Dame Club of Houston.

For more than a decade, Adam has mentored students through several organizations including his law firms, Notre Dame Law School, and Federal Bar Association-Northern Ohio Chapter. His commitment to pro bono work is also noteworthy. He was actively engaged for many years in the Volunteer Lawyers Program of the Legal Aid Society of Cleveland. Adam regularly volunteered for its Brief Advice and Referral Clinics and handled numerous Supplemental Security Income hearings and appeals for children and their families.

Well-versed on how the law constantly evolves, Adam frequently presents on changing legal issues affecting the hospitality and retail, manufacturing, and construction industries. Adam is a member of the Financial Poise webinar faculty, educating investors, business owners, executives, attorneys, and other seasoned professionals.      

Admissions:

• Ohio
• Texas
• U.S. Court of Appeals, 5th Circuit
• U.S. Court of Appeals, 6th Circuit
• U.S. District Court, Northern District of OH
• U.S. District Court, Southern District of OH
• U.S. District Court, Northern District of TX
• U.S. District Court, Eastern District of TX
• U.S. District Court, Southern District of TX
• U.S. District Court, Western District of TX 

Education:

• Notre Dame Law School, J.D. 2005
• University of Notre Dame, B.B.A. magna cum laude, 2002

Practices:

• Banking
• Bankruptcy, Restructuring and Creditors' Rights
• Commercial Litigation
• Construction
• Employment

Industries:

• Banking

Experience:

• Counsels clients across a broad array of industries in commercial contract disputes, noncompete agreements, trade secret and confidential information disputes, commercial real estate disputes and construction litigation
• Obtained a motion to dismiss in federal court on jurisdictional grounds on behalf of an agricultural equipment manufacturer for claims arising out of a motor vehicle accident occurring in Mexico
• Obtained a motion to dismiss in federal court on jurisdictional grounds of Fair Debt Collection Practices Act claims asserted against a homeowners’ association
• Obtained a Rule 12(b)(6) dismissal of Title VII, FMLA and ADA discrimination and retaliation claims brought against a plan administrator by a transgender employee pre-Bostock [S.D. Texas]
• Obtained a summary judgment and negotiated the settlement of claims against a national waste hauler arising out of an M&A transaction and an alleged breach of a post-transaction agreement [N.D. Ohio]
• Served as lead counsel and obtained a Rule 12(b)(6) dismissal of claims against a homeowners’ association brought under FDCPA and Texas Debt Collection Act [S.D. Texas]
• Obtained a no-evidence motion for summary judgment on behalf of a commercial landlord against negligence claims resulting from after-hours fatal shooting
• Authored a successful Daubert motion to strike/exclude a medical expert witness [E.D. Texas]
• Counseled and defended a Fortune 500 waste hauler against various commercial claims in courts throughout Ohio
• Represented restaurant, retail and hospitality clients against various contract and tort claims in Ohio and Texas forums
• Defended automotive finance companies in individual and class action litigation and ADR arising under various statutory causes of action
• First-chair defense of a real estate agent and brokerage firm on claims of breach of fiduciary duty, breach of contract, fraud and detrimental reliance, which resulted in a jury verdict on only one of the claims and an award in accordance with the pretrial settlement offer
• Obtained reversal and remand of trial court orders on behalf of multiple clients in various appellate courts regarding enforceability of and procedural requirements for arbitration provisions under state law and Federal Arbitration Act
• Obtained a favorable settlement on behalf of a bond surety against claims of nonperformance by a contractor principal of various contractual obligations, including removal of asbestos and other hazardous materials from various property locations
• Obtained a summary judgment in favor of a former in-house counsel against a successor employer after a corporate merger triggered her right to enforce a “golden parachute” agreement and certain financial payment
• Part of a team that represented former officers and directors of a defunct manufacturer against claims brought derivatively by bankruptcy creditors on behalf of a debtor entity for failing to timely shutdown operations, which failure resulted in significant unpaid administrative claims

Affiliations:

• Houston Bar Association
• Texas Bar Association
• Federal Bar Association – Southern District of Texas Chapter
• Ohio State Bar Association Council of Delegates (former); District 12 representative (former); Young Lawyers Section Council member (former); Ohio State Bar Association: 2011 Leadership Academy
• Federal Bar Association, Northern Ohio Chapter – Attorney mentor; former chair, Brown Bag Luncheon Series
• Guest Instructor for Intensive Trial Advocacy Program at Notre Dame Law School
• Engaged alumnus of various Notre Dame Law School programs, including NDLS Alumni Outreach Program – Region 13 Representative; NDLS Summer Mock Interview Program – Volunteer; NDLS Mentorship Program – Attorney Mentor
• Notre Dame alumni networks leadership positions include Notre Dame Club of Cleveland – Universal Notre Dame Night program chair (2009 - 2018); Notre Dame Club of Houston – Universal Notre Dame Night program chair (2020 - present)
• CLM Alliance – Member (2014 – Present)
• The ClaimsXchange – Member (2019 – Present)
• Shoes and Clothes for Kids (SC4K): Associate Board Member, Executive Committee (2011-2017)
• Legal Aid Society of Cleveland – Partners in Justice ambassador, pro bono attorney volunteer
• ALFA International, Hospitality & Retail Practice Group: Steering Committee (2017 - 2021), Program Chair (2019 - 2021), Vice Chair (2020 - 2021)
• Financial Poise-Webinar Faculty (2019-Present)

Recognition:

• Selected to Texas Super Lawyers – Rising Stars, Super Lawyers (Thomson Reuters), 2020
• Selected to Ohio Super Lawyers – Rising Stars, Super Lawyers (Thomson Reuters), 2012 – 2019
• Texas Bar College

Publications:

• Adam M. Dinnell and Adam J. Russ, The Legal Hurdles to Developing Wind Power as an Alternative Energy Source in the United States: Creative and Comparative Solutions, 27 Nw. J. Int’l L. & Bus. 535, 2007

Presentations:

• “Navigating Project Default,” with Nora Loftus of Frantz Ward LLP, ALFA International Webinar (August 2020)
• “New Technology Risks and Rewards: Robotics, Driverless Vehicles, and Virtual/Augmented Reality,” with Sean Milano of Morrison Mahoney LLP, 2020 CLM Workers Compensation and Retail, Restaurant & Hospitality Conference (June 2020)
• “We Can’t All Just Get Along: The Value of Disagreement,” with Edward Blakemore, Asst. Gen. Counsel of Rockwell Automation, 2020 ALFA International Client Seminar, Marco Island, FL (March 2020)
• “Batting Practice: 2020 Data Security Update,” with Lauren McKeon, Republic Services, Inc., ALFA International Construction Practice Group Regional Seminar, Phoenix, AZ (February 2020)
• “Cultivating Cannabis Concerns And More,” with Patrick Haggerty of Frantz Ward LLP, ALFA International Hospitality & Retail Practice Group Regional Seminar, Nashville, TN (January 2020)
• “Who the Hack Are You? Data Breaches and Privacy Concerns Facing the Hospitality and Retail Industry,” ALFA Hospitality & Retail Law Practice Group Seminar, Seattle, WA (August 2019)
• “Are You Covered?” ALFA International Hospitality & Retail Law Practice Group Mini-Regional Seminar, Chicago, IL (June 2019)
• “Data Protection At The Speed of Technology: Cybersecurity and Data Privacy Issues in the Retail/Hospitality and Transportation Industries,” ALFA International Transportation and Hospitality & Retail Law Practice Group Mini-Regional Seminar, Denver, CO (January 2019)
• “Addressing Issues Before They Become Elephants In The Room: Mammoth Complications In Compensation,” Webinar, Ohio Staffing & Search Association (November 2018)
• “The Law In The #MeToo Era: What You Should Know In The Workplace,” Western Reserve Chapter of SHRM, Warren, OH (November 2018)
• “A Day At The Breach: Cybersecurity & Data Privacy Cases Affecting Retail & Hospitality,” ALFA International Hospitality & Retail Law Practice Group Mini-Regional Seminar, Columbus, OH (October 2018)
• “Who’s The Boss? Joint Employers In Retail & Hospitality Industries,” ALFA International Hospitality & Retail Law Practice Group Mini-Regional Seminar, Columbus, OH (October 2018)
• “A Legal Look at Recent Employment Issues,” Ohio Staffing & Search Association’s Annual Conference, Put-In-Bay, OH (July 2018)
• Lowellville High School – Commencement Speaker (May 2018)
• “Legal Basics: What Entrepreneurs Need To Know,” Youngstown Business Incubator’s Women in Entrepreneurship—WE Launch, Youngstown, OH (May 2018)
• “Employee Handbooks – The Key Ingredients,” Ohio Craft Brewers Conference, Cleveland, OH (January 2018)
• “The Expanding Scope of Vicarious Liability for Franchisors/Franchisees,” ALFA International’s Hospitality & Retail Law Practice Group Seminar, Key West, FL (January 2018)
• “Employee Handbooks-The Key Ingredients,” Webinar, Ohio Staffing & Search Association (November 2017)
• “Employee Handbooks– The Key Ingredients,” Western Reserve Chapter of SHRM, Warren, OH (November 2017)
• “Employee Handbooks – The Key Ingredients,” Youngstown Business Incubator, Youngstown, OH (August 2017)
• “HR Hot Topics: FLSA & Part-Time Workers’ Bill of Rights,” Youngstown/Warren Regional Chamber, Poland, OH (December 2016)
• “Potential Impact of the Incoming Administration on the Staffing Industry,” Ohio Staffing & Search Association, Webinar (December 2016)
• “Don’t Let your Trade Secrets Sail Away: Using the Defend Trade Secrets Act of 2016 To Protect Your Business,” Ohio Staffing and Search Association, All Hands on Deck! – 2016 Annual Conference, Put-In-Bay, OH (June 2016)
• “Common Issues and Strategies in Business Breakups,” Financial Poise, Complex Financial Litigation Series, Webinar (February 2016)
• “The Fundamentals of Contracts: Basic Contract Principles,” Youngstown Business Incubator, Youngstown, OH (June 2015)
• “Fighting Over Value in a Business Divorce,” Financial Poise, Complex Financial Litigation Series, Webinar (January 2015)
• “Nuts & Bolts of Removal,” Cleveland Metropolitan Bar Association, Federal Court Training Seminar, Cleveland, OH (June 2013)
• “Non-Compete Agreements,” Youngstown Business Incubator, Youngstown, OH (April 2013)
• “Trade Secrets: An Overview of the Law and Recent Opinions,” 10th Annual Northern Ohio Labor & Employment Law Conference, Cleveland Metropolitan Bar Association’s Labor and Employment Law Section (June 2010)