Bio

Admissions
Ohio; U.S. District Court, Southern; District of Ohio; U.S. District Court, Northern; District of Ohio; U.S. Court of Appeals, Sixth Circuit; U.S. Court of Appeals, Third Circuit

Education
J.D., University of Cincinnati College of Law, 1993, Order of the Coif, Law Review, Member 1991-1992 and Lead Article Editor, 1992-1993, Student Bar Association President, 1992-1993 B.A., Miami University, 1990, cum laude, college forensics, student government, peer advisor, Sigma Tau Gamma Fraternity

Joe Callow helps clients manage and reduce litigation risk and litigation costs. When litigation arises, he handles and coordinates cases on a national, regional, and local basis.

Joe primarily works on class action and complex commercial litigation. He has experience in securities, ERISA, antitrust and general corporate and business litigation as well as in copyright infringement, intellectual property litigation and product liability/tort litigation. Joe has extensive experience in False Claims Act (qui tam) litigation and has represented parties in cases around the country, including California, Texas, Louisiana, Florida, and New Jersey. He also represents clients in FINRA securities arbitrations. Currently, Joe is one of the lead litigation counsel for the State of Ohio in its litigation against opioid distributors.

Joe helped establish KMK's Cybersecurity & Privacy Team, an interdisciplinary group of attorneys focused on helping clients manage risk; develop and implement data protection and cybersecurity response plans; coordinate cybersecurity response actions and manage notice procedures; and defend litigation if needed. Joe assists clients with drafting cyber plans and managing cyber incidents and notice procedures.

Joe also helped establish the KMK E-Discovery Litigation Support Group. He helps clients develop information governance policies and creates proactive, defensible, and cost-effective end-to-end E-Discovery solutions for litigation and regulatory investigations.

Joe frequently authors legal alerts and blog posts and presents CLE seminars on various litigation topics. He welcomes the opportunity to conduct seminars for clients and other organizations on litigation avoidance strategies and litigation related topics.

Joe also serves as Co-Practice Group Leader of KMK's Litigation Group.

What Clients Say
The most difficult task as in-house counsel is locating and retaining an attorney that combines subject matter knowledge, aggressiveness, responsiveness, cost effectiveness, and one who can communicate effectively with various levels of management. Joe and his complex litigation team possess all of those qualities and more when faced with retaining a firm and litigation team to best serve your organization. -- Chris Griffin, Director of Legal Affairs, Griffin Industries, Inc.

Representative Litigation Matters
State of Ohio ex rel. Mike Yost v. McKesson Corporation, et al., Case No. CVH2018055 (Madison Cty. Oh.) (currently representing the State of Ohio on claims against opioid distributors).
State of Michigan ex rel. Dana Nessel v. 3M Company, et al., Case No. 2020-49-NZ (Washtenaw Ct. Oh.) (currently representing the State of Michigan on claims against PFAS manufacturers).
In re Processed Egg Products Antitrust Litig., Case No. 2:08-md-02002 (MDL No. 2002) (E.D. Pa.) (successfully defended client in antitrust class action litigation).
Osborn, et al. v. Griffin, et al., Case Nos. 2011-89 and 2013-32 (E.D. Ky.) (defended clients in RICO/state law claim litigation).
Brooks v. Darling Ingredients Inc., Case No. 1:14-cv-01128-DAD-EPG (E.D. Cal.) (defended client in class action litigation).
Local 295 et al. v. Fifth Third Bancorp, et al., and Dudenhoeffer, et al v. Fifth Third Bancorp, et al., Cons. Case No. 1:08-cv-421 (S.D. Ohio) (defended client in consolidated securities and ERISA “stock drop” class action litigation); see 2010 U.S. Dist. Lexis 131967 (Nov. 24, 2010) (granting Defendants' motion to dismiss ERISA claims); see also 731 F. Supp. 2d 689 (Aug. 10, 2010) (granting in part and denying in part Defendants' motion to dismiss in securities case); see also 692 F.3d 410 (6th Cir. 2012).
Brooks v. Cincom Systems, Inc., Case No. 1:12-cv-115 (S.D. Ohio June 10, 2013) (defended client against claims; summary judgment granted for defendant).
LaWarre v. Fifth Third Bank and Fifth Third Securities, Inc., Case No. A0909076 (Hamilton County) (obtained summary judgment on all claim related to investment losses); see 2012 Ohio 4016 (Ohio App.) (affirming grant of
summary judgment to Defendants).
Green, et al. v. Griffin Industries, Inc., et al., Civ. Action No. 03CVS5048382F (State of Georgia, Fulton Cty., Sup. Ct.) (defended client in tort class action litigation).
Cincom Systems, Inc. v. Novelis Corp., 581 F.3d 431 (6th Cir. Sept. 25, 2009) (affirming district court decision finding Novelis Corp. infringed Cincom’s copyrighted materials).
Shirk et al. v. Fifth Third Bancorp et al., 2009 U.S. Dist. Lexis 90775 (S.D. Ohio Sept. 30, 2009) (summary judgment granted on ERISA excessive fees class action litigation); see also 71 Fed. R. Serv. 3d (Callaghan) 1199, 44 Employee Benefits Cas. (BNA) 2936 ( Jan. 29, 2009) (summary judgment granted on ERISA "stock drop" class action litigation).
Segal v. Fifth Third Bank N.A., 581 F.3d 305 (6th Cir. 2009) (affirming dismissal of class action complaint affirmed based on SLUSA preemption).

Representative Appellate Matters
MJS & Associates v. Master, et al., Case No. 12-15-00219-cv (Tex. App. Sept. 7, 2016) (oral argument and on papers).
Hathorn, et al. v. Dana Motor Co., LLC, 2016-Ohio-5110 (Hamilton Cty. App. July 27, 2016) (oral argument and on papers).
Dudenhoeffer v. Fifth Third Bancorp, 692 F.3d 410 (6th Cir. Sept. 5, 2012) (oral argument and on papers).
LaWarre v. Fifth Third Securities, Inc., 2012-Ohio-4016 (Hamilton Cty. App. Sept. 5, 2012) (oral argument and on papers).
Nat'l Union Fire Ins. Co. v. Wuerth, 349 F. App'x 983 (6th Cir. 2009) (oral argument and on papers).
Nat'l Union Fire Ins. Co. v. Wuerth, 122 Ohio St. 3d 594 (2009) (oral argument and on papers).
Cincom Systems, Inc. v. Novelis Corp., 581 F.3d 431 (6th Cir. 2009) (oral argument and on papers).

Professional and Community Involvement
American Bar Association; Federal Bar Association; Ohio State Bar Association; Cincinnati Bar Association; The Seven Hills School; Cincinnati United Soccer Club

Awards & Recognition
Named the “Cincinnati Best Lawyers' Antitrust Litigation Lawyer of the Year," 2012, 2017, 2020
Listed in Chambers USA: America's Leading Business Lawyers, 2016-2019
Listed in The Best Lawyers in America, 2011-2020
Named to Ohio Super Lawyers, 2010-2020
AV^{^®} Preeminent™ Peer Review Rated, Martindale-Hubbell
Cincinnati Academy of Leadership for Lawyers (CALL), Class XI

Speaking Engagements
12th Annual Cybersecurity Symposium
Northern Kentucky University, 10.11.2019
KMK Law's Third Annual Cybersecurity & Privacy Seminar
The Cincinnati USA Regional Chamber, 09.18.2019
Webinar: Ohio Data Protection Act - Safe Harbor for Businesses in Ohio 11.27.2018
11th Annual Cybersecurity Symposium Northern Kentucky University in the James C. and Rachel M. Votruba Student Union, 10.12.2018
Webinar: GDPR - 90 days of of Real Life Learnings 09.25.2018
2018 Cybersecurity & Privacy Seminar Hilton Cincinnati Netherland Plaza, Hall of Mirrors, 3rd Floor, 04.18.2018
GDPR and Your Business: What You Need to Know and What You Need To Do
Greater Cincinnati ISSA Chapter Meeting, 02.21.2018
Legal Issues in Privacy & Security
NKU Cybersecurity Symposium — Cyber 10, Northern Kentucky University, 10.13.2017
Cybersecurity Roundtable
Protect Your Business from Cyber Crime
Cincinnati Business Courier, 11.04.2016
KMK Law Second Annual Cybersecurity & Privacy Seminar
Hilton Cincinnati Netherland Plaza, 06.08.2016
DTI/KMK Breakfast Briefing: Information Governance and E-Discovery in Office 365 11.16.2015
Warren v. Dimon, Congress v. the People, and Other Policy Tradeoffs and Tensions in Cybersecurity Protection
8th Annual KMK Law CyberSecurity Symposium, 10.09.2015
KMK Law Cybersecurity & Privacy Seminar 04.27.2015
Film Screening/Panel Discussion, The Decade of Discovery, Northern Kentucky University Chase College of Law / Law & Informatics Institute, 02.26.2015
10 Cases Every In-house Counsel Should Know
KMK Law Legal Update Seminar, December 11, 2019, December 12, 2018, December 14, 2016, December 10, 2015, December 3, 2014, December 11, 2013

Publications
Legal Alert: Ohio’s Data Protection Act Takes effect November 2, 2018: What You Need To Know 10.30.2018
GDPR: Less Than 100 Days and Counting to "G-Day" — Here's What You Need to Know 03.06.2018
CyberSecurity News: Spokeo, Galaria and Braitberg 09.13.2016
Cybersecurity 101 — 10 Simple Practice Pointers for Every Lawyer and Client
The CBA Report, 06.18.2015

Joseph M. Callow, Jr.

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