Daniel M. Kavouras

Associate

Cleveland
T +1 216.861.7099  |  F +1 216.696.0740

Dan Kavouras is a litigator concentrating on complex commercial disputes and class action defense. Dan has experience litigating a wide range of legal issues, including commercial contracts, UCC claims, intellectual property and trade secrets, energy and environmental issues, and First Amendment law.

In addition to his litigation practice, Dan is an active contributor to the firm's North America Shale blog, offering commentary on a range of issues facing the energy industry as companies intensify their use of hydraulic fracturing and other advanced extraction techniques.

Select Experience

Commercial Disputes
  • Represented large healthcare system in preliminary injunction action against joint venture partner. Secured preliminary injunction restoring client’s ownership and voting rights in hospital joint venture.
Class Actions
  • Represented insurance client in multidistrict nationwide class action asserting antitrust and unfair competition claims. Court dismissed claims on Rule 12 motion.
Intellectual Property and Trade Secrets
  • Assisted large audio-visual equipment distributor in obtaining preliminary injunction against competitor for trademark and trade secret violations
First Amendment and Media 
  • On behalf of two national title insurers, challenged Cuyahoga County’s interpretation of cost provision in Ohio's Public Records Act in mandamus action before Ohio Supreme Court. Participated in drafting merits briefs which resulted in unanimous victory for client.
Energy and Environmental
  • Drafted amicus brief supporting dismissal of competitor’s challenge to EPA’s decision to grant client steel producer a Clean Air Act permit to operate a new production facility, and simultaneously defended competitor’s appeal of Clean Air Act permits before Arkansas Department of Environmental Quality and Arkansas court of appeals. 
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Experience

Commercial Disputes
  • Represented large healthcare system in preliminary injunction action against joint venture partner. Secured preliminary injunction restoring client’s ownership and voting rights in hospital joint venture.
  • Defended Fortune 1000 company in related state and federal shareholder derivative actions seeking to prevent proposed going-private transaction. Obtained dismissal of one action and negotiated settlement allowing transaction to proceed.
Class Actions
  • Represented insurance client in multidistrict nationwide class action asserting antitrust and unfair competition claims. Court dismissed claims on Rule 12 motion.
  • Defended gasoline distributor in putative class action alleging overpayment of state commercial activity tax by supply customers. 
Intellectual Property and Trade Secrets
  • Assisted large audio-visual equipment distributor in obtaining preliminary injunction against competitor for trademark and trade secret violations.
  • Obtained defense verdict in trade secret misappropriation case for commercial welding company.
  • Drafted opposition to USPTO office action refusing client’s trademark registration under the Lanham Act, resulting in removal of USPTO's objections, allowing client to proceed with registration.
First Amendment and Media 
  • On behalf of two national title insurers, challenged Cuyahoga County’s interpretation of cost provision in Ohio's Public Records Act in mandamus action before Ohio Supreme Court. Participated in drafting merits briefs which resulted in unanimous victory for client.
  • As lead counsel for regional newspaper, successfully argued motion seeking access to juvenile court records.
  • As part of a trial team for a local television station, obtained directed defense verdict on libel claims after one-week jury trial.
Energy and Environmental
  • Drafted amicus brief supporting dismissal of competitor’s challenge to EPA’s decision to grant client steel producer a Clean Air Act permit to operate a new production facility, and simultaneously defended competitor’s appeal of Clean Air Act permits before Arkansas Department of Environmental Quality and Arkansas court of appeals. 
  • Analyzed emissions reporting requirements under existing Ohio EPA permits for manufacturing client and drafted disclosure forms. 
  • Prepared lease disclosures and drafted asbestos, mold, and lead-based paint policies for employees and tenants of large property development client with properties in Ohio and Illinois. 

Memberships

  • American Bar Association
  • Ohio State Bar Association
  • Cleveland Metropolitan Bar Association
  • Cleveland Intellectual Property Lawyers Association (CIPLA)

Community

  • Playhouse Square Partners
  • Orchard Park Elementary School: Tutor
  • The Ohio State University Alumni Association
  • University of Michigan Alumni Association

Services

Prior Positions

  • Wayne County Prosecutor's Office, Special Prosecutions Unit: Law Clerk (2010)

Admissions

  • U.S. District Court, Northern District of Ohio, 2012
  • Ohio

Education

  • J.D., University of Michigan Law School, 2012, cum laude; Michigan Telecommunications and Technology Law Review, Contributing Editor; Michigan Federal Appellate Clinic (2012); Michigan Pediatric Advocacy Initiative (2011)
  • B.S., Economics, The Ohio State University, 2009, magna cum laude
  • B.A., Political Science, The Ohio State University, 2009, magna cum laude

Blog

In The Blogs

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Baker Energy Blog
85th Texas Legislature: Oil and Gas Roundup
January 24, 2017
On Jan. 10, 2017, the 85th regular session of the Texas Legislature convened in Austin, and already several bills are on the table that, if adopted, could impact the oil and gas industry in Texas. State Sen. Van Taylor, R-Plano, has...
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Baker Energy Blog
Times Definitely Are a-Changin’
December 19, 2016
On Dec. 10, Bob Dylan, in absentia, received the 2016 Nobel Prize in literature. The title track of Dylan’s 1964 album The Times They Are a-Changin’ is one of the most celebrated protest songs. Undoubtedly, times are a-changin’ in...
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Baker Energy Blog
EPA Changes Course and Admits Link Between Fracking and Underground Water Supplies
December 15, 2016
The Environmental Protection Agency (EPA) created a stir in mid-December 2016 when it released the final version of its report titled “Hydraulic Fracturing for Oil and Gas: Impacts from the Hydraulic Fracturing Water Cycle on Drinking...
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Baker Energy Blog
Wind Energy in Texas: Powerful or Not?
December 5, 2016
On Oct. 26, the U.S. Energy Information Administration released a report challenging the view that Texas is a leader in wind power production. According to the report, Texas lagged far behind Midwest and Plains states in 2015 in utilizing...
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Baker Energy Blog
What’s in a Name?
November 17, 2016
On Thursday, November 10, 2016, the Sunset Advisory Commission was called to order to announce decisions concerning the Texas Railroad Commission. The Sunset Commission is composed of five senators, five representatives and two public...
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