Kevin Murch Perez Morris Headshot

Contact

kmurch@perez-morris.com

D | (614) 396-3816

O | (614) 431-1500

8000 Ravine’s Edge Court

Suite 300

Columbus, Ohio 43235

 

Practice

Business Litigation

Labor & Employment

Financial Services

Civil Rights Defense

Product Liability

 

Education

Capital University Law School, cum laude, Juris Doctor, 1996

The Ohio State University, Bachelor of Arts, 1993

Kevin Murch

Attorney

Kevin L. Murch joined Perez Morris in 2016. With more than 20 years’ experience, Kevin focuses his practice on product liability litigation, commercial litigation, employment and civil rights litigation, restrictive covenants, trade secrets, and business torts.

In addition, he spent a considerable part of his career in private practice serving as the lead attorney in matters before both state and federal courts and the Financial Industry Regulatory Authority (FINRA), formerly National Association of Securities Dealers (NASD). Kevin’s representative experience in financial services litigation is below.

Kevin also has extensive experience representing manufacturers, distributors and suppliers in product liability cases involving pharmaceuticals, heavy machinery, chemicals, industrial equipment, agricultural equipment and HVAC systems. He advises companies on risk management and litigation avoidance.

He resides in New Albany, Ohio, with his wife and two children.

 

Admissions

Ohio

United States District Court, Northern District of Ohio, 2004

United States District Court, Southern District of Ohio, 1997

United States Court of Appeals for the Sixth Circuit, 1997

Michigan

United States District Court, Western District of Michigan, 2014

 

Memberships & Affiliations

 

Presentations

  • Handling Foreign Objects Complaints and Rapid Response Planning, Claims Litigation Management, 2019
  • Crisis Management for Customer-Focused Businesses and the Lawyer’s Role, NAMWOLF Annual Conference, 2019
  • Cottage Industry Litigation that Can Cost Your Business, Association of Corporate Counsel (Central Ohio chapter), 2019
  • Food Safety and Claims Overview, National Retail & Restaurant Defense Association (NNRDA), 2018
  • Primer for Successful Litigation Management, Association of Corporate Counsel, (Southwest Ohio chapter), 2018
  • Data Privacy and Social Media, The Knowledge Congress, 2012
  • Non-Compete Agreements and Enforcement, Association of Corporate Counsel, Central Ohio chapter, 2008

 

Publications

  • High Court Flexed Its Muscle Over Legislature, National Law Journal, 2000
  • Court to Rule on the Future of Preemption in Response to Changes Being Effected Regulations Arguments, NAMWOLF Newsletter, 2019
  • Cybercourt: Copyright and Trademark Law on the Information Superhighway (24 Cap. U. L. Rev. 809), Capital University Law Review, 1996

 

AWARDS & RECOGNITION

  • The Best Lawyers® in America, Commercial Litigation, 2021
  • Super Lawyers Magazine, Ohio Super Lawyer, 2015 – 2021
  • Columbus CEO Magazine, Top Lawyers, 2010 – 2021
  • Martindale-Hubbell® Peer Review Ratings™ AV Preeminent®, 5.0 out of 5 Peer Review Rated
  • AVVO Rating: 10 out of 10
  • Capital University Law School Review, Publishing Editor
  • Capital University Law School, Order of the Curia, Member

 

BOARD POSITIONS & COMMUNITY SERVICE

  • New Albany Hockey Club, co-founder and board member, 2013 – present
  • The Jazz Arts Group of Columbus, board member, 2014 – present

 

CUSTOMER DISPUTES

WMA Securities, Inc.

Kevin represented WMA Securities in a number of matters from 2000 – 2005. The majority of cases were filed by Kal Nekvasil of the Goodman & Nekvasil plaintiffs’ securities law firm in Clearwater, Florida. Most of the cases were brought before the NASD and involved allegations of suitability, misrepresentation, churning, breach of fiduciary duty and failure to supervise. Kevin also represented WMA representatives in state court to defend allegations of selling away and violation of blue sky laws due to the sale of unregistered securities.

 

Michael and Carla Wiza v. Huntington Investment and Mike Bush.

Kevin represented Huntington Investment Company and its individual representative, Mike Bush, in a matter before the NASD in Tampa, Florida. The claimants alleged Mr. Bush invested their funds in unsuitable investments, misrepresented the nature of the investments and breached his fiduciary duty to them. The claimants’ claims against Huntington Investment Company included allegations of failure to supervise and control person liability. The matter was ultimately referred to NASD mediation and resolved.

In addition to his representation of broker-dealers and investment representatives in customer disputes, Kevin has represented a number of claimants who asserted claims involving suitability, margin disputes, misrepresentation, fraud, breach of fiduciary duty, churning and control person liability. All of those cases were filed with NASD/FINRA and most were resolved through arbitration hearings. One matter was resolved via a proceeding before the Securities Investor Protection Corporation (SIPC). Accordingly, Kevin has the unique perspective of handling customer dispute cases from both sides.

Kevin is an approved arbitrator for FINRA and was named Super Lawyer in the field of securities litigation by Ohio Super Lawyers magazine.

 

George Deffet v. Michael C. Scanlon and UBS

Kevin represented an individual investment representative against allegations involving suitability, misrepresentation and selling away. The matter was filed before the NASD in North Carolina and was referred to NASD mediation. Kevin was able to obtain a favorable settlement on behalf of the individual investment representative.

 

RECENT NON-COMPETE/NON-SOLICITATION CASES

J.P. Morgan Securities, Inc. v. Matthew Lewis and Wells Fargo Advisors (2013)

Kevin represented J.P. Morgan Securities (JPM) in a matter against a former investment representative in New Philadelphia, Ohio, who left to work for Wells Fargo Advisors. Upon his departure from JPM, the representative began contacting JPM clients to solicit them to move to Wells Fargo. JPM is a non-protocol firm, and the representative’s actions violated his non-solicitation agreement with JPM. Kevin filed a complaint with the Tuscarawas County Common Pleas Court in New Philadelphia, Ohio, and obtained a temporary restraining order against both the representative and Wells Fargo. He also filed a claim for breach of the agreement on behalf of JPM with FINRA. Following discovery, the parties resolved the matter through FINRA mediation. The respondents were represented by Tom Lewis of Stevens & Lee in New Jersey. Judge Edward E. O’Farrell presided over the hearing for a temporary restraining order.

 

J.P. Morgan Securities, Inc. v. Michael Aljancic and Morgan Stanley (2012)

Kevin represented J.P. Morgan Securities (JPM) in a matter against a former investment representative in Columbus, Ohio. Prior to leaving JPM and following his departure, the individual representative solicited JPM clients to switch firms. JPM also believed the representative had taken confidential client account information. Kevin filed a complaint with the Franklin County Common Pleas Court in Columbus, Ohio, and obtained a temporary restraining order against both the representative and Morgan Stanley to enjoin them from soliciting JPM’s clients and from misappropriating JPM’s confidential and proprietary information. Kevin also filed a claim for breach of the agreement on behalf of JPM with FINRA. Following discovery, the parties resolved the matter through FINRA mediation. The respondents were represented by Dennis Concilla and Doug Jennings of Carlile Patchen & Murphy in Columbus, Ohio. Judge Richard A. Frye presided over the hearing for a temporary restraining order.

Additionally, Kevin successfully handled many similar non-compete and non-solicitation matters on behalf of Edward Jones & Company, Merrill Lynch and the Huntington Investment Company, which included a raiding case.

 

PROMISSORY NOTE/FORGIVABLE LOAN DISPUTES

Kevin has represented both broker-dealers and investment representatives in disputes involving promissory notes/forgivable loans. He has represented broker-dealers in the enforcement and collection of such notes. Additionally, Kevin has defended individual representatives against such claims.

 

REGULATORY ACTIONS

In 2011, Kevin represented an individual registered representative in an investigation before FINRA. Specifically, the representative was alleged to have included misleading information in marketing materials. Kevin worked with FINRA and the representative’s broker-dealer to develop additional internal rules at the broker-dealer to add another layer of supervision over the production and dissemination of marketing materials. Kevin also has counseled individuals in Securities and Exchange Commission (SEC) investigations. Kevin has assisted clients in responding to subpoenas and representing them when testifying before the SEC.

 

EXPERT WITNESS TESTIMONY

Through the past 15 years, Kevin has worked with many expert witnesses. Most often, he has partnered with the Trade Investment Analysis Group (TIA), which has offices in Ohio and New York. TIA’s experts have provided testimony in both state and federal court, administrative proceedings and in arbitrations before FINRA/NASD, AAA, NYSE, CBOE, and Pacific Exchange. TIA provides expert witness testimony in matters involving profit and loss analysis, damages, churning, suitability, standards and practices, broker/dealer employment disputes, misrepresentations/ omissions, supervision, and compliance.