Daniel R. Lemon

Daniel Lemon is a litigation attorney who focuses on complex commercial litigation and energy litigation. In the energy sector, Daniel has represented both consumers and producers of electricity and natural gas in high-stakes lawsuits, with great results. He also advises energy clients on regulatory and contract matters, including license issues. Relying on his broad litigation experience and attention to detail, Daniel guides competitive retail electricity and natural gas providers, power brokers, and consumers through this heavily regulated industry.

In complex commercial litigation cases, Daniel manages all aspects of litigation including case strategy, oral argument, brief writing, legal research, and negotiations.

Representative Matters

Energy Sector Litigation and Regulatory Work

• Daniel represented a subsidiary of one of the nation’s largest competitive energy suppliers in a regulatory investigation. Based on allegations of consumer fraud and deceptive sales practices regulators sought to revoke the company’s licenses, which would prevent it from doing business in the state. In the face of staunch opposition from Consumers’ Counsel and industry groups, Daniel helped negotiate a settlement that saved the company’s licenses.
• In a similar case, Daniel represented a pair of international competitive energy suppliers in a regulatory investigation where the companies were accused of violating COVID-19 related restrictions on door-to-door sales. Daniel helped settle the case for millions less than the amount sought by regulators.
• Daniel was part of a team representing the 2017-2018 California wildfire victims in the bankruptcy of Pacific Gas & Electric Company (PG&E). After months of intense litigation, the bankruptcy court approved a settlement that provided the wildfire victims with $13.5 billion.
• Daniel assisted the nation’s largest competitive energy supplier with drafting a national template for its large commercial supply agreements.
• Daniel represented one of Ohio’s largest power consumers in seeking approval for a large commercial battery project, which would allow it to significantly reduce transmission-related charges paid for power, potentially saving the customer millions annually.

Complex Commercial Litigation

• Daniel helped defend a publicly traded aerospace manufacturer against securities litigation. The securities lawsuit alleged over $1 billion in damages, but Daniel’s team helped get the suit dismissed before the class certification stage.
• Daniel represented a large pharmaceutical manufacturer in a multidistrict litigation (MDL) case brought by states, counties, and cities across the country, seeking damages related to the opioid crisis.
• Daniel has defended several defamation cases, including a case for a large university and several cases for a large regional newspaper. All cases resulted in victory or settlement on terms favorable to Daniel’s client.
• Daniel assisted in writing an appellate brief on behalf of an international automotive manufacturer in a contract dispute with a dealership, which resulted in a victory for the client.
• Daniel advised a national auto insurer on claims involving catastrophic injury or death, helping to avoid bad faith litigation.
• Daniel drafted multiple high-profile appellate briefs on issues concerning arbitration, including multiple cases before the Supreme Court of the United States.

Investigations

• Daniel performed complex Title IX investigations on behalf of a nationally renowned university.
• Daniel performed an internal investigation of an alleged kickback scheme in the Mexican subsidiary of an international medical supply company.

Pro Bono Work

• Representing the son of a deceased Navy veteran before the Board of Veterans’ Appeals, Daniel used a creative litigation strategy to overturn a denial of benefits.
• When the Social Security Administration terminated disability benefits for an elderly Virginia woman on a fixed income, Daniel helped her appeal the decision. Through Daniel’s work, her benefits were reinstated with back-pay and she was saved from homelessness.

Prior Experience

• Baker & Hostetler, LLP, Associate, 2017-2021
• Supreme Court Litigation Clinic, Member, 2016-2017

Professional & Community Involvement

American Bar Association

Ohio State Bar Association

Cleveland Metropolitan Bar Association