Robert T. Razzano

Partner

Cincinnati
T +1.513.929.3494
F +1.513.929.0303

Overview

Rob Razzano focuses his practice on complex commercial litigation, with an emphasis on matters concerning construction, government contracts and patent infringement. He has deep experience litigating issues affecting data centers from construction to commissioning to operation and customer relations. Rob balances an aggressive yet thorough and precise approach to his work and clients.

Select Experience

  • Rob counseled one of the world’s leading operators of data centers in analyzing dozens of customer contracts and managing his client’s response to claims made by tenants at a 20,000 square foot data center when power to the entire facility was temporarily lost. Representation included obtaining a favorable settlement in New York state court litigation where the tenant who occupied half of the data center sought to prematurely terminate its long-term agreements.
  • Rob represented the owner of a data center and obtained nearly complete recovery in complex litigation in Ohio state court against its design firm, general contractor, and chiller manufacturer when the data center’s chillers failed to deliver adequate cooling capacity to mission critical areas.
  • In the pursuit of a post-Katrina construction claim in the U.S. Armed Services Board of Contract Appeals seeking compensation for extra work due to changed circumstances and defective contract documents, Rob took and defended more than 20 depositions and prepared numerous discovery motions. The resolutions of these motions, together with success in obtaining admissions from government witnesses, led to a favorable settlement for the client.
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Experience

  • Rob counseled one of the world’s leading operators of data centers in analyzing dozens of customer contracts and managing his client’s response to claims made by tenants at a 20,000 square foot data center when power to the entire facility was temporarily lost. Representation included obtaining a favorable settlement in New York state court litigation where the tenant who occupied half of the data center sought to prematurely terminate its long-term agreements.
  • Rob represented the owner of a data center and obtained nearly complete recovery in complex litigation in Ohio state court against its design firm, general contractor, and chiller manufacturer when the data center’s chillers failed to deliver adequate cooling capacity to mission critical areas.
  • In the pursuit of a post-Katrina construction claim in the U.S. Armed Services Board of Contract Appeals seeking compensation for extra work due to changed circumstances and defective contract documents, Rob took and defended more than 20 depositions and prepared numerous discovery motions. The resolutions of these motions, together with success in obtaining admissions from government witnesses, led to a favorable settlement for the client.
  • In a complex construction case in Ohio state court involving delay damages and backcharges for the late and defective provision of curtain-wall windows for a high-rise condominium building, Rob prepared and argued several pretrial motions, prepared witnesses for examination, simulated opposing counsel in a mock trial and prepared legal arguments for a favorable interpretation of the subcontractor‘s performance bond. The trial resulted in a favorable settlement for the client.
  • Rob represented the owner and general contractor of a large urban real estate development in parallel Kentucky state court litigation and private arbitration against a framing subcontractor and its labor provider who asserted mechanic’s liens and delay claims. Rob obtained a favorable global settlement resulting in the release of the mechanic’s liens, the subcontractor’s assumption of liability for the laborers’ claims, and substantial enforcement of liquidated damages against the subcontractor.
  • Rob represented a non-awardee in a federal government contract bid protest concerning the removal of unexploded ordnance in the U.S. and abroad on the grounds that the government agency did not perform the required best-value analysis. He reviewed agency records and wrote the brief that led to voluntary corrective action and a contract award for the client.
  • In a patent infringement action involving DVD recorders and selection menus, Rob prepared briefs and examined witnesses regarding bench trial issues. He prepared fact and expert witnesses for examination at the jury trial and prepared extensive briefs and arguments regarding damages. Rob prepared fact and expert witnesses for testimony in a patent infringement case concerning food packaging technology. After drafting and arguing numerous pretrial motions, several of which were resolved favorably, Rob worked with electronic trial presentation vendors to prepare a persuasive opening statement, resulting in further negotiations and a favorable settlement.
  • Rob helped write the motion to dismiss in a data privacy case concerning fraud resulting from what was, at the time, the largest payment card data breach in history, with more than 130 million cards involved. The banks that issued the payment cards sued the bank that acquired merchants for the card networks. The motion to dismiss the complaint was successful, but the issuing banks were permitted to amend their complaint. Rob prepared a motion to dismiss the amended complaint, which was granted with prejudice, absolving the client of liability to the issuing banks.
  • Rob was the primary drafter of appellate briefs that led to the Eighth Circuit’s unanimous affirmation and dismissal of a lawsuit filed by a payment card processor against seeking to recover card network fines and assessments from a merchant who experienced a large payment card data breach.
  • Represented lenders in pursuit of collection efforts, including representation in foreclosure actions and extrajudicial workout efforts. Representative matters include closing of deed-in-lieu of foreclosure for a multistory downtown office building, and judicial receiverships and foreclosures of residential complexes and retail centers.

Recognitions and Memberships

Recognitions

  • Ohio Super Lawyers "Rising Star" (2011 to 2018)
  • University of Cincinnati Law Review: Best Student Comment (2004 to 2005)

Memberships

  • Kentucky Bar Association
  • Cincinnati Bar Association

Pro Bono

  • Rob argued before a panel of the Sixth Circuit to appeal the district court‘s denial of habeas relief under the Criminal Justice Act for the representation of indigent prisoners. Even after his representation of his client was over, Rob maintained contact, assisted in preparing an application for clemency, wrote to the Governor in support of his application, and testified before the Parole Board on the prisoner’s behalf – ultimately leading to his release. This former prisoner is now a community leader and received his local NAACP chapter’s Great Expectations Award in recognition of his work to steer Detroit’s youth and prisoners away from crime and into lives of service.

Admissions

  • U.S. Tax Court, 2010
  • U.S. Supreme Court, 2012
  • U.S. Court of Appeals, Sixth Circuit, 2010
  • U.S. District Court, Southern District of Ohio, 2007
  • U.S. District Court, Eastern District of Kentucky, 2011
  • U.S. District Court, Western District of Kentucky, 2013
  • U.S. District Court, Eastern District of Michigan, 2014
  • Kentucky, 2008
  • Ohio, 2006

Education

  • J.D., University of Cincinnati College of Law, 2006, with honors; University of Cincinnati Law Review, Associate Member (2004 to 2005), Executive Editor (2005 to 2006)
  • B.S., Chemical Engineering with Certificate in Materials Science, University of Notre Dame, 2000