Henderson, Toby K.

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Address: 40 N. Main Street Suite 1900, Dayton, OH 45423
Lawyer Firm: Sebaly Shillito + Dyer
Phone: 937-401-2526
Website: https://www.ssdlawcriminalfamily.com

Areas of Practice Litigation, Labor + Employment Law, Real Estate Law

Toby became an SS+D shareholder on January 1, 2006. He joined the firm’s Litigation Department in May 2000 and concentrates his practice in Business and Commercial Litigation, Trade Secret Claims, Antitrust, Health Care Law, Construction Law, Labor and Employment Law, and Insurance Policy Holder Rights. Prior to joining SS+D, he served a term as a Law Clerk for the Honorable Thomas Bryant, Presiding Judge of the Third Appellate District of the Court of Appeals of Ohio. He is admitted to the Ohio bar, the U.S. District Court for the Southern District of Ohio, the U.S. Court of Appeals for the Sixth Circuit, and the United States Supreme Court.

Toby handles cases for a wide range of clients, including individuals, sole proprietors, small businesses, and large companies all in various industries, including manufacturing, tool and die, construction, plumbing and HVAC supply wholesale, intellectual property, automobile sales, performance improvement, and government defense contracting. In addition to jury trials, he has successfully appeared at bench trials, alternative dispute resolution processes, and administrative hearings before state agencies.

His recent cases have included issues related to fraud, trademark infringement, directors’ and officers’ liability, voting rights, employment discrimination, race discrimination, sureties, construction defects and disputes, environmental liability, corporate governance, non-compete agreements, wrongful death, civil rights claims, consumer protection, breaches of commercial contracts, bankruptcy preferences, and violations of FDA regulations.

Recently, following a four-week trial in Federal Court, Toby and one of his partners, Dianne Marx, obtained a jury verdict in excess of $6.9 million in favor of an Ohio-based diamond dealer and against an international, New York-based diamond manufacturer and distributor and one of the largest De Beers sightholders in the country.

In another recent victory, following a six-week trial in Federal Court, Toby and another of his partners, Jim Dyer, obtained a defense verdict in favor of a family of shareholders in a suit brought by a Fortune 200 company claiming over $50 million in damages for alleged fraudulent asset transfers.

Toby received his B.S., magna cum laude, from Ball State University in 1996 and his J.D. from the University of Dayton in 1999. He is a member of the Dayton, Ohio State, American, and Federal Bar Associations. He is also a member of the American Association for Justice (formerly Association of Trial Lawyers of America) and the Ohio Academy of Trial Lawyers and he serves on the Civil Trial Practice Committee of the Dayton Bar Association. He serves on the Dayton Art Institute Associate Board and is a member of the Dayton Tool and Manufacturing Association.

When not in the office, Toby enjoys spending time with his wife and two daughters. He is an avid golfer, enjoys traveling with his family, and is interested in the arts.

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