Mr. Mersol assists 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 wage and hour disputes in state and federal courts, race, sex and age discrimination, public accommodations, constitutional claims and employee benefits.
Mr. Mersol has consulted extensively with employers on electronic discovery and retention issues, evaluation of electronic document retention protocols, retrieval of electronic data, document holds and the use, preservation and production of electronic data in the litigation context. He has also 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 has been described by Chambers & Partners as “a brilliant trial lawyer,” and praised for his “total unflappability” in high exposure cases. He has tried cases throughout the state and federal court systems on both class and individual claims and on matters ranging from age, race and disability discrimination to entitlement, disability and other benefits. He has regularly argued cases before the state and federal courts of appeal. He has obtained successful results for employers in the energy, insurance, transportation, technology, retail, manufacturing and financial services industries, as well as others.
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, employer defense strategy and Internet use by employees. His writings include articles on class action litigation and related ethical issues, electronic discovery and a book chapter on affirmative defenses in employment actions. In addition, Mr. Mersol serves as the editor and a contributor for BakerHostetler’s Employment Class Action Blog, providing commentary on developments in employment class actions and litigation trends impacting employers.
Mr. Mersol is a member of the Labor & Employment Sections of the American, Ohio State and Cleveland Metropolitan Bar Associations and a member of the Federalist Society. Mr. Mersol has regularly been named an “Ohio Super Lawyer” by Law & Politics Magazine from 2004 through the present and as a Leading Lawyer in Employment Law by Chambers & Partners. He was named by Best Lawyers and U.S. News & World Report as a 2013 “Lawyer of the Year” in Employment Law - Management, Cleveland representing employers.
Professional Activities, Organizations and Honors:
Representative Reported Litigation in which Mr. Mersol has been involved:
Selected Posts to BakerHostetler’s Employment Class Action Report Blog (www.EmploymentClassActionReport.com):
4/25/2013 - United States Supreme Court Confirms that a Timely and Properly Worded Offer of Judgment May Moot a Collective Action
12/7/2012 - 173 BakerHostetler Attorneys Named 2012 Super Lawyers; 55 Named Rising Stars
9/17/2012 - “Best Lawyers in America” Recognizes 127 BakerHostetler Attorneys: Eleven Named “Lawyer of the Year”