David J. Oberly

Biography

David Oberly has extensive and wide-ranging litigation and legal counseling experience, and concentrates his practice in the areas of cybersecurity and data privacy, energy, environmental, toxic torts and mass torts, and product liability. As a trial attorney, David is retained frequently to litigate high exposure and high profile cases, and has developed a reputation for achieving superior results against challenging odds. Furthermore, as a trusted adviser and counselor, David utilizes his broad and intricate business background and acumen, along with his substantial business-oriented legal knowledge and skillset, to provide a wide variety of business clients with a full range of legal counseling services.

Cybersecurity & Data Privacy

David focuses a large portion of his practice on representing sophisticated clients in a wide assortment of complex cybersecurity, information technology, and data privacy issues. David’s clients range from startups to Fortune 500 companies across a broad range of industries, including technology, e-commerce, consumer products, insurance, health care, finance, energy, big data, social media, professional services, and financial institutions. David has extensive expertise in counseling clients on data protection issues, cybersecurity risk management, consumer and employment privacy, incident response planning and preparedness, vendor management, and regulatory investigations. In addition, David also has substantial expertise with investigations and class action litigation related to cybersecurity and data beach incidents, as well as enforcement actions by the FTC, state Attorneys General, SEC, and other governmental agencies.

Energy Law

David also regularly represents and advises clients in the energy industry, including regulated utilities, exploration and production companies, oilfield service providers, energy marketers, and power generators. David has extensive expertise representing companies in the energy industry in all types of commercial disputes in both state and federal courts. In addition, David’s energy practice also encompasses counseling and representing companies in a wide range of energy transactional matters, including project finance and development, construction, infrastructure development projects, mergers and acquisitions, strategic alliances, renewable energy, and energy marketing and trading.

Environmental Law

In addition, David also focuses his practice in the area of environmental law. David’s environmental practice covers all aspects of environmental law, including litigation and enforcement, compliance and regulatory advice, due diligence and transactional advice, policy development, and business transactions. David has significant expertise in environmental litigation that extends to all major environmental statutes and regulatory programs, with particular focus on the Clean Air Act ("CAA"), Clean Water Act ("CWA"), Resource Conservation and Recovery Act ("RCRA"), and Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"). David also provides pragmatic, sound counseling services to clients on a broad assortment of issues under federal and state environmental laws and regulations, including emerging legal issues associated with climate change, oil and gas pipelines, water discharges, air emissions, solid and hazardous waste management, land development, and soil and groundwater remediation.

Toxic Tort & Mass Tort Litigation

David also devotes his practice to the defense of toxic tort lawsuits involving claims of alleged injury resulting from exposure to toxins and chemicals. Utilizing his extensive background in this area of law, David is able to represent and counsel clients as it relates to any type of chemical exposure dispute, regardless of the forum or the nature of the claim, including diacetyl/flavoring chemicals, tobacco, mold, benzene, toxic shock, pesticides, lead paint, polyacrylamide, and chemical spills.

Product Liability

A portion of David's practice also focuses on the defense of nationally recognized manufacturers, designers, suppliers, retailers, and distributors in a broad range of product liability litigation, including consumer products, food and beverage, machinery, automobiles, aircraft, transportation, manufacturing, chemical, construction equipment, industrial equipment, medical devices, pharmaceutical, and recreational products disputes. In addition, David also works closely with his product liability clients in the area of claims prevention and risk management to assist clients in minimizing the risk of liability and preventing costly litigation through the design and implementation of liability prevention programs.

Thought Leader

In addition to his day-to-day practice, David is also one of the top legal thought leaders in the Cincinnati and Ohio legal communities as well. Since 2015, David has published dozens of articles in distinguished local and national legal publications, including Ohio Lawyer, DRI For the Defense Magazine, CLM Magazine, CLM Professional Times Magazine, Claims Magazine, and PropertyCasualty360.com. In addition, during that timeframe David's articles have been featured on the cover of the Cincinnati Bar Association's CBA Report magazine on eight separate occasions. In addition to his article publishing efforts, David also presents regularly to clients, industry groups, and his peers on a range of topics.

Outside the Firm

David has strong roots and ties to Ohio. David attended the University of Cincinnati on a baseball scholarship, where he graduated cum laude from the Carl E. Linder College of Business with a degree in finance and international business. As a varsity athlete at UC, David received multiple academic honors and accolades, including the UC Topcat Scholar Athlete Award (the university’s highest academic distinction awarded to varsity student athletes), as well as the Conference USA Commissioner's Academic Honor Roll. David attended law school at the Indiana University (Bloomington) Maurer School of Law on a full-tuition, merit-based academic scholarship.

Experience

  • Secured significant victory in Ohio Supreme Court in which state's highest court clarified that statute of limitations in insurance agent negligence and misrepresentation actions accrues on date policy is issued, thereby rejecting delayed damages rule in insurance agent/agency professional liability lawsuits.
  • Secured significant victory in both United States District Court for the Southern District of Ohio and Sixth Circuit Court of Appeals on behalf of one of nation’s largest grocery store chains in significant federal civil rights action involving unruly customer and customer’s right to open carry weapon on private premises.
  • Obtained directed verdict at trial in favor of commercial landlord client in toxic mold personal injury lawsuit. 
  • Secured significant victory in wrongful death commercial liability action at both trial and appellate court levels in suit involving death of 18-year old woman who was struck and killed by commercial truck in process of backing up access ramp to deliver product at commercial facility at same time woman traversed onto ramp. 
  • Successfully defended major Ohio metropolitan housing authority at both trial and appellate court levels—resulting in dispositive dismissal of client—in high-profile wrongful death lawsuit that received considerable media attention venued in Dayton involving shooting death of individual by two private security guards at lower income housing complex in Dayton. 
  • Secured significant victory at both trial and appellate court levels in motor vehicle accident personal injury action venued in Cincinnati based upon application of Ohio's doctrine of judicial estoppel.

News & Views

See all News and Views

Recognitions

  • 2018–2019, “Rising Star,” listed in Ohio Super Lawyers
  • 2018, “Top 10 Malpractice Lawyers in Cincinnati,” listed in Ohio Super Lawyers
  • 2018, “Outstanding Young Lawyer Award,” by Ohio Association of Civil Trial Attorneys

Affiliations

Memberships

  • American Bar Association
  • Cincinnati Bar Association
  • Defense Research Institute
  • Ohio State Bar Association
  • Claims & Litigation Management Alliance
  • Ohio Association of Civil Trial Attorneys
  • Professional Leadership Network
Professional Activities

David remains heavily involved in the Cincinnati and Ohio legal communities. David currently serves as co-chair of the Cincinnati Bar Association Young Lawyers Section's Run for Kids 5K Planning Committee, and is also a member of the CBA Young Lawyers Section's Social Committee. At the same time, David also currently serves as a trustee of the Ohio Association of Civil Trial Attorneys, as well as co-chair of its Professional Liability Practice Committee and chair of its Social Media Committee. As a result of his accomplishments in the courtroom and in the community, in 2018, David was selected to participate in Class 22 of the Cincinnati Bar Association's Cincinnati Academy of Leadership for Lawyers program.

Credentials

Admissions

  • Ohio
  • U.S. District Court - Northern District of Ohio
  • U.S. District Court - Southern District of Ohio
  • United States Court of Appeals for the Sixth Circuit
  • Supreme Court of Ohio

Education

  • Indiana University School of Law-Bloomington, JD
  • University of Cincinnati, BBA, cum laude