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Gregory V. Mersol

(Partner)

Baker & Hostetler LLP
3200 National City Center
1900 East 9th Street
Cleveland, Ohio 44114-3485
Phone: 216.861.7935  Fax: 216.696.0740
Email: gmersol@bakerlaw.com

Lawyer Profile
Gregory V. Mersol concentrates his practice on the resolution of complex employment and class action disputes. He has been certified as an employment law specialist by the Ohio State Bar Association and has been designated a Master Bencher by the Cleveland Employment Inns of Court. Mr. Mersol's practice focuses on assisting employers in matters ranging from class action litigation and management, restructuring, and novel issues to other difficult employment related disputes. He has defended employers in class actions on topics such as race and age discrimination, wage and hour disputes, public accommodations, and employee benefits. He has assisted employers in termination and restructuring efforts, including preparation and coordination of separation pay plans, severance agreements, WARN Act compliance, and related issues.

Mr. Mersol is also a successful trial lawyer in the employment context, having tried cases throughout the state and federal court systems, on matters ranging from age, race, and disability discrimination to entitlement, to disability and other benefits. He has a similar record before the state and federal courts of appeal. He has obtained successful results for employers in the retail, manufacturing, and financial services industries.

Mr. Mersol is actively involved in alternative dispute resolution procedures. He serves on the panel of Mediators for the United States District Court for the Northern District of Ohio. He has also spoken and written on the subject of alternative dispute resolution.

Mr. Mersol is a frequent speaker and writer on a wide range of employment topics and litigation. His recent presentations have included discussions on electronic discovery, employment class actions, workplace violence, employer defense strategy, sexual harassment training for supervisors, and Internet use by employees. His writings include articles on class action litigation and related ethical issues and a book chapter on affirmative defenses in employment actions.

Mr. Mersol is a member of the Labor & Employment Sections of the American, Ohio and Cleveland Metropolitan Bar Associations and a member of the Federalist Society. Mr. Mersol was named an “Ohio Super Lawyer” by Law & Politics Magazine in 2004, 2005, 2006 and 2007, and as a Leading Lawyer in employment law by Chambers & Partners.

Professional Activities, Organizations and Honors:

  • Named in “Best Lawyers in America.”

  • Designated a “Leading Lawyer” by Chambers & Partners.

  • Certified Specialist in Labor and Employment Law.

  • Master Bencher, Cleveland Employment Inn of Court.

  • American Bar Association, Management Co-Chair, Sub-Committee on Ethics in Employment Class Actions.

  • American Bar Association, Member of Labor & Employment Law and Torts and Insurance Practices Sections (Employer-Employee Relations Committee).

  • Ohio State Bar Association, Member of Labor & Employment Law Section.

  • Cleveland Metropolitan Bar Association, Member of Labor & Employment Law Section.

  • The Federalist Society.

  • Mediation Association of Northern Ohio.

  • Ohio Management Lawyers Association, Charter Member.

  • Named in “Ohio Super Lawyers” 2004-07.

    Selected Publications:

  • "Skirt the Maze of Class Actions," Society for Human Resource Management, April 2008.

  • "Gaining Control of Electronic Discovery," Municipal Lawyer, July/August 2007.

  • Chapter, "Pleading Strategies, Affirmative Defenses, and Burdens of Proof," The Practitioner's Guide to Defense of EPL Claims, American Bar Association (2005).

  • "Ethical Issues in Class Action Employment Litigation," 20 The Labor Lawyer 55 (2004).

  • "Opinion and Rhetorical Hyperbole in Workplace Defamation Actions: The Continuing Quest for Meaningful Standards," 52 DePaul L. Rev. 19 (2002) (co-author).

  • "Preparing to Persuade the Mediator," Cleveland Bar Journal, July/August 2000.

  • "Employer/Employee Rights on the Information Highway - Is There A Right of Privacy?", Cyberspace Lawyer, June, 1999.

  • "Veterans' Re-Employment Rights," Cleveland Bar Journal, March 1991 at 163 (co-author).

  • "Defamation in the Workplace: A Survey of the Law and Proposals for Reform," 54 Mo. L. Rev. 797 (1989) (co-author).

  • "Defamation Actions in the Workplace: How to Protect the Employer," The Compleat Lawyer, Spring 1988 (co-author).

    Representative Reported Litigation in which Mr. Mersol has been involved:

  • Schreiber v. Philips Display Components Co., 42 EBC Cases (BNA) 2385 (E.D. Mich. 2007).

  • Watson v. Cleveland Municipal Sch. Dist., 36 EBC Cases (BNA) 1177 (N.D. Ohio 2005).

  • Spohn v. Bristol-Myers Squibb Co. Ret. Income Plan, 33 EBC Cases (BNA) 1411 (N.D. Ohio 2004).

  • Rodgers v. Norfolk Southern Corp., 304 F. Supp. 2d 961 (S.D. Ohio 2003).

  • Palacio v. Progressive Ins. Co., 244 F. Supp. 2d 1040 (C.D. Cal. 2002).

  • Jaeger v. Matrix Essentials, Inc., 236 F. Supp. 2d 815, 29 EBC Cases (BNA) 1042 (N.D. Ohio 2002).

  • Weirauch v. Sprint Retirement Pension Plan, 182 F. Supp. 2d 638 (N.D. Ohio 2002).

  • Camp v. Progressive Corp., 8 WH Cases (BNA) 477 (E.D. La. 2002).

  • Ullmo v. Gilmour Academy, 273 F.3d 671 (6th Cir. 2001).

  • Chapman v. The Higbee Co., 256 F.3d 416 (6th Cir. 2001), vacated for rehearing en banc, 270 F.3d 297 (6th Cir. 2001).

  • McCormick v. Kmart Distribution Ctr., 163 F. Supp. 2d 807 (N.D. Ohio 2001).

  • Dingle v. Union City Chair Co., 134 F. Supp. 2d 441, 16 IER Cases (BNA) 60 (E.D. Pa. 2000).

  • Lovas v. Huntington Nat'l Bank, 215 F.3d 1326 [table] (6th Cir. 2000).

  • Steppe v. Kmart Stores, 136 Ohio App. 3d 454, 737 N.E.2d 58 (1999).

  • Smoot v. United Transportation Union, 991 F. Supp. 913 (N.D. Ohio 1998).

  • Cowin v. Lutheran Hosp., 8 A.D. Cases (BNA) 472 (N.D. Ohio 1998). State ex rel.

  • Warren Newspapers, Inc. v. Court of Jurisdiction, 80 Ohio St. 3d 261, 685 N.E.2d 1223 (1997).

  • Biggs v. North Cent. Tel. Co., 75 FEP Cases (BNA) 617 (S.D. Ohio 1997).

  • O'Neill v. St. Luke's Med. Ctr., 13 IER Cases (BNA) 534 (Ohio App. 1996).

  • Kent v. United of Omaha Life Ins. Co., 96 F.3d 803 (6thCir. 1996).

  • Schlett v. Avco Financial Services, 950 F. Supp. 823 (N.D. Ohio 1996). State ex rel.

  • Warren Newspapers, Inc. v. Hutson, 70 Ohio St. 3d 619, 640 N.E.2d 174 (1994).

  • Reese v. Kmart Corp., 10 IER Cases (BNA) 202 (N.D. Ohio 1994).

  • Radikovich v. The Higbee Co., 9 IER Cases (BNA) 1850 (Ohio App. 1994).

  • Henegar v. Banta, 27 F.3d 223 (6th Cir.), cert. denied, 513 U.S. 1057 (1994).

  • Cooke v. Norfolk & Western Railway Co., 143 LRRM Cases (BNA) 2591 (N.D. Ohio 1993).

  • Cromwell v. Equicor-Equitable HCA Corp., 944 F.2d 1272 (6th Cir. 1991).

  • Henegar v. Banta, 817 F. Supp. 668 (N.D. Ohio 1993).

  • International Longshoremen's Ass'n v. Norfolk Southern Co., 927 F.2d 900 (6th Cir. 1991), cert. denied, 502 U.S. 813 (1991).

  • Aldrete v. Foxboro Co., 49 Ohio App. 3d 81, 550 N.E.2d 208 (1988).

  • Cox v. Radiology Consulting Assocs.. Inc., 658 F. Supp. 264 (W.D. Pa.), aff'd, 835 F.2d 282 (3d Cir. 1987).

  • Hess v. United Tel. Co. of Ohio, 40 FEP Cases (BNA) 1487, 40 EPD (CCH) ¶ 136, 190 (N.D. Ohio 1986).

  • Mendenhall v. City of Akron, 2008-Ohio-270 (Ohio Supreme Court 2008) (amicus curiae).

  • Elek v. Huntington Nat'l Bank, 60 Ohio St. 3d 135 (1991) (amicus curiae).

    Selected Presentations:

  • "The Matter of Definitions And The ADA," National Business Institute, 2008.

  • "Class and Collective Actions Under Ohio and Federal Law," Midwest Labor and Employment Law Seminar, 2007.

  • "Defusing the New Electronic Discovery Rules," Baker Hostetler Client Seminar, 2007.

  • "Proactive Management of Electronic Discovery Matters," Baker Hostetler (Six Module Training Program), 2006-07.

  • "Electronic Discovery: A Growing Nightmare for Employers," Baker Hostetler Client Seminar, 2006.

  • "Employment Class Actions," Cleveland Bar Association, 2006.

  • "Ethical Issues for the Defense in Employment Class Actions," American Bar Association Teleconference, 2006.

  • "Ethics for the Labor and Employment Law Practitioner," American Bar Association, Best of Midwinter Programs Teleconference, 2005.

  • "Ethical and Enforcement Issues Under the Fair Labor Standards Act," National Business Institute, June 2, 2005.

  • "Ethical Issues in Employment Class Actions," American Bar Association, Labor and Employment Law Section, Mid-Winter Conference, 2005

  • "Ethics for the Labor and Employment Law Practitioner," American Bar Association Teleconference, 2004.

  • "Sexual Harassment," Ohio State Bar Association, 2004.

  • "Ethical Issues in Class Action Employment Litigation," American Bar Association, Mid-Winter Meeting, 2003.

  • "Employee Investigations," Council on Education in Management, 2003.

  • "Case Analysis and Discovery," Ohio State Bar Association, 2002.

  • "Practice and Procedure Clinic," Cleveland Bar Association, 2001.

  • "Labor and Employment Issues, Internet, E-Commerce & Law: The Fundamentals," Cleveland Bar Association, 2001.

  • "Preparing to Persuade the Mediator," Women's Bar Association of the State of New York, 2000.

  • "Documenting Employee Performance and Discipline," National Business Institute, 2000.

  • "Avoiding Sexual Harassment Liability," Cleveland Managers' Association, 1999.

  • "Loss Prevention Practices to Help Avoid Employment Litigation," Denmark Group, 1998.

  • "Covenants Not To Compete (And Other Post-Employment Issues)," Ohio CLE Institute, 1998.

  • "Highlights Review of the Americans with Disabilities Act," Disabilities Law Seminar, Ohio CLE Institute, 1997.

  • "Employer and Employee Rights on the Information Highway," Labor and Employment Law Seminar, Cleveland Bar Association, 1996.

  • "Reductions in Force: The Good, The Bad, and What to Do," Employment Law 1996, Ohio CLE Institute, 1996.

  • "Employer/Employee Rights on the Information Highway -- Is There A Right Of Privacy?" Institute of Business Law, 1996.

  • "Special Problems in Workplace Sexual Harassment," Institute of Business Law, 1995.
    Chair, "Employment Regulations in Ohio," Institute of Business Law, 1995.

  • "Wrongful Discharge Claims," Fifth Annual Banking Law Seminar, Progressive Casualty Insurance Company, 1995.

  • "Wrongful Discharge Claims," Employment Law & Practices in Ohio, Federal Publications, Inc., 1995.

  • "Employment Law Developments," Steel Service Center Institute, 1995.

  • "Crime and Violence in the Ohio Workplace," Institute of Business Law, 1995.
    Chair, "Employment Regulations In Ohio," Institute of Business Law, 1994.

  • "Avoiding Employment Litigation Through the Use of Documentation," Institute of Business Law, 1994.

  • "The Employment Contract: Protecting the Employer's Proprietary Interests and Customer Relationships," Ohio CLE Institute, 1994.

  • "Ohio Wage and Hour Laws," Knowledge Circle, 1994.
    Chair, "Employment Regulations in Ohio," Institute of Business Law, 1993.

  • "Employee Benefits Litigation," Institute of Business Law, 1993.

  • "Employment Law Issues of the 1990s," Ohio Ambulance Association, 1993.

  • "Avoiding Wrongful Discharge Litigation," Institute for Management Education, 1992.

  • "Implementing Reductions in Force," Institute of Business Law, 1992.

  • "Age Discrimination in the Workplace," Institute of Business Law, 1991.

  • "Americans With Disabilities Act," Ohio State Bar Association, 1991.
  • Education
    College: B.A., Case Western Reserve University, 1982

    Law School: J.D., Case Western Reserve University School of Law, 1985, magna cum laude, Order of the Coif, 1985; Research Editor (1984-85) and Associate Editor (1983-84), Case Western Reserve University Law Review 

    Bar Admission
    U.S. Supreme Court, 1992
    U.S. Court of Appeals, Third Circuit, 1987
    U.S. Court of Appeals, Sixth Circuit, 1986
    U.S. Court of Appeals, Eighth Circuit, 1986
    U.S. Court of Appeals, Ninth Circuit, 2008
    U.S. District Court, Eastern District of Michigan, 2007
    U.S. District Court, Northern District of Indiana, 2003
    U.S. District Court, District of North Dakota, 1999
    U.S. District Court, Southern District of Ohio, 1988
    U.S. District Court, Northern District of Ohio, 1986
    Ohio, 1985
    Practice Areas
  • Employment Law - Management
  • Labor Law - Management
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