Overview
David M. Cuppage is a Principal at McCarthy Lebit. He has a diverse litigation and transactional practice, which includes commercial, business, employment, debtor/creditor, real estate, title insurance, construction, municipal and environmental litigation, white collar criminal defense, and general corporate, real estate, and commercial transactional law.
David’s litigation practice includes business, uniform commercial code, lending, factoring and creditor rights, employment (including wrongful discharge and non-compete agreements), real estate and land use, construction, municipal, and commercial litigation including intellectual property (copyright, trademark, trade secret and unfair competition), in state and federal trial and appellate courts, and before administrative agencies.
His real estate, land use and environmental practice includes representation, counseling and litigation in federal and state courts and before administrative agencies, boards, commissions and other quasi-judicial bodies. He is experienced in all aspects of real estate and land use litigation, including title, RESPA, eminent domain, annexation, zoning and other local regulations and in environmental litigation, including CERCLA, RCRA, Clean Water Act, National Historic Preservation Act and other state and local environmental statutes. He is also experienced in advising, negotiating, counseling and conducting due diligence on real property and business acquisitions and transactions involving land use and environmental issues.
General counsel services include representation, counseling, due diligence and negotiations in general business and corporate matters; commercial lending, factoring and debtor/creditor rights; employment issues; financing and factoring transactions; intellectual property prosecution, protection, transfers and licensing; negotiating and drafting close corporation agreements, partnership and limited liability company agreements, stock and/or asset purchase agreements, real estate purchase agreements, construction, manufacturing, distribution and employment contracts.
Awards
- Martindale-Hubbell® Peer Review Rating™ of AV Preeminent®
- Ohio Super Lawyers®, 2015-2024
- The Best Lawyers in America©, 2021-2024
Affiliations
- Cleveland Metropolitan Bar Association, Member
- Ohio State Bar Association, Member
Articles
- "Liability & Lawsuits: Strategies to Protect Your Family Business," McCarthy Lebit's The More Report, September 2023
- "Fiduciary Duty Litigation: Part 2 - The Business Judgment Rule," McCarthy Lebit's The More Report, August 2022
- "Fiduciary Duty Litigation: Part 1 - Pitfalls and Traps," McCarthy Lebit's The More Report, July 2022
- "Understanding Eminent Domain: Key Considerations to Challenge the Government's Right to Take Land for Public Use," Properties Magazine, February 2022
- "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act," McCarthy Lebit's The More Report, February 2022
- "Challenges in Eminent Domain Litigation," McCarthy Lebit's The More Report, December 2021
- "COVID-19 Business Interruption Insurance Claims: Time is of the Essence," Co-Author, McCarthy Lebit's The More Report, May 2020
- "Dispute Resolution Commission Begins Issuing Advisory Opinions," McCarthy Lebit's The More Report, April 2020
- "Dispute Resolution Commission Established to Determine Essential Businesses," McCarthy Lebit's The More Report, April 2020
- "Updated Summary of Ohio's Stay at Home Order," McCarthy Lebit's The More Report, April 2020
- "Summary of Ohio's Stay at Home Order," McCarthy Lebit's The More Report, March 2020
- "Business Insurance Coverage During the COVID-19 Pandemic," McCarthy Lebit's The More Report, March 2020
- "Noncompete Agreements Are Popular, But Not Always Enforceable," Crain's Cleveland Business, October 2019
Presentations
- COSE Webinar: Business Interruption Insurance - Time is of the Essence, Greater Cleveland Partnership
Practice Area(s)
Education
Admissions
United States Court of Appeals for the Sixth Circuit
U.S. District Court, Northern District of Ohio
U.S. District Court, Southern District of Ohio
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