Barkan & Robon Ltd. Attorneys at Law | Law | Maumee, OH

419-897-6500   |   Serving Northwest Ohio   |   877-577-6500

R. Ethan Davis
Joseph R Torda Paul A. Radon
Marvin A Robon
William I Barkan Gavel and scale
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Marv Robon graduated in less than four years from Bowling Green State University with a business degree and went right into law school with a partial scholarship. His class at the University of Toledo Law School had four members, including himself, in the top twelve of the Ohio State Bar Exam.

 

During his earlier years, Mr. Robon did a substantial amount of litigation and tried a number of jury cases to conclusion. He then became more interested in real estate law and business matters and did everything from limited partnership syndications to industrial development revenue bonds. However, the challenge of trial work was missing; so by the mid-1980's, he decided to do both litigation and business matters. He has handled a number of high-profile cases, including the sale of the Commodore  Island .

Condominiums where Owens-Corning’s World Headquarters is located today; a substantial wrongful death electrocution case that was successfully concluded during the jury trial; a very successful result in a medical helicopter crash that severely injured the nurse and went all the way to the U.S. Court of Appeals, an insurance embezzlement case where more than $2,300,000 was collected. He negotiated for the sale of a business to the City of Toledo who wanted to eminent domain the property for the new Jeep plant location in Toledo involving several million dollars. He also obtained an award for a bank of almost $3,000,000 by the U.S. Court of Appeals against the United States Government.

 

In the past several years he’s tried eighteen jury trials with a 16-2 record. One of the jury cases set a record for a verdict of over $2,500,000.00 in the small town of Wauseon, Ohio. He now is a member of the Multi-million Dollar Club of plaintiff attorneys. Recently, he was named an Ohio Super Lawyer by the Cincinnati Magazine. The Toledo City Paper named him the Best Attorney in Toledo for 2011 & 2012.  

 

In 2007 the Ohio Legislature modified the eminent domain law to provide that if the jury verdict is more than 1.5 times the state’s offer, attorney fees can be awarded. Marvin received an award of attorney fees in excess of $100,000.00 recently as a result of that statute and it is believed that that is the first award in Ohio under that new statute.

 

In addition to his business practice, he currently is working on matters involving financial problems for commercial real estate owners, eminent domain matters against the Ohio Department of Transportation as well as other governmental entities, and several shareholders and construction disputes, bad faith insurance claims along with some substantial injury and wrongful death cases. In 2013, he appeared and argued before the Ohio Supreme Court on an issue of a constitutional taking of property by a governmental entity. He is currently handling ERISA cases, injunctions, foreclosures, appeals, and partnership matters.

 

Mr. Robon is a member of the Ohio State, American, and Toledo Bar Associations, as well as the Association of Trial Lawyers of America. He attended the 1990 Moscow Conference on Trade and Economic Law in the Soviet Union which involved teaching Russian attorneys about America’s property system, the 1988 Trade and Economic Law Conference in Japan, and the China Conference in 1987.

 

Marv’s motto is “If it can’t be done, give us a try.” He works out regularly, jogs, takes pilates, is an avid golfer and enjoys both tennis and gardening. Marv and his wife Nancy have three grown children, all with advanced degrees.

Marvin A. Robon, Partner

William I. Barkan, Partner

Bill Barkan attended the University of Toledo and graduated from the University of Michigan receiving a Bachelor of Business Administration in 1951. He graduated magna cum laude from the University of Toledo College of Law in 1955 where he was a member of Phi Kappa Phi. He was admitted to the Ohio bar in 1955. He is also a Certified Public Accountant--inactive. Prior to his commencing to practice law in 1965 with Barkan & Robon’s predecessor firm, he practiced public accounting in the Toledo area with a large independent accounting firm.

 

He is a member of the Toledo and Ohio State Bar Associations, in addition to being a

member of the Section on Taxation of the American Bar Association. He also belongs to the Toledo Estate Planning Council. He has in the past and continues to be actively involved in community affairs, including, among others, a community foundation, a residential facility for mentally handicapped and developmentally disabled persons and an adolescent substance abuse agency.

 

Mr. Barkan focuses his practice in the areas of tax law, corporate law, estate planning and employee benefits law.

Paul A. Radon, Partner

Paul Radon joined the law firm of Barkan & Robon in 1984, becoming a partner in 1990. He graduated cum laude from the University of Toledo in 1977 with a B.A. in political science. He earned his J.D. 1981 at the University of Toledo, where he was the Managing Editor of the University of Toledo Law Review from 1980-81. He is the author of “Survey, Federal Practice and Procedure in the Sixth Circuit.” (11 University of Toledo Law Review 443, 1980).  

 

Mr. Radon was admitted to the Ohio State Bar in 1981. He is a member of the Toledo Bar Association as well as the Lucas County, Ohio State and American Bar Associations, and the National Lawyers Association.  

 

He concentrates his practice in the areas of Commercial Real Estate and Business Law.

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R. Ethan Davis, Partner

R. Ethan Davis joined Barkan & Robon, Ltd. as an Associate in February 2002. He became a Partner in January 2007.

 

Admitted to the Ohio Bar in November 2001, Mr. Davis received his J.D. from the University of Toledo, College of Law, where he participated in moot court and received an honors scholarship. His academic achievements include the Dean’s List Award and Highest Ranking Student in Evidence; in Interviewing, Negotiating, and Counseling; and in Products Liability.

 

He is a member of the American, Ohio, and Toledo Bar Associations, as well as the Ohio Academy of Trial Lawyers and the Association of Trial Lawyers of America.  

 

Mr. Davis graduated with a B.A. in psychology from Ohio Northern University in 1997 where he received numerous academic honors. Throughout his senior year he worked with delinquent and disadvantaged children.

 

Mr. Davis serves on the Board of Directors of Pathology Center, Inc.

 

He is working in the area of business disputes as well as personal injury and medical malpractice litigation.

Joseph R. Torda ("J.R."), Partner

J.R. Torda is a partner (member) in Barkan & Robon Ltd. J.R., a native of Toledo, received his B.A. in Accounting and Finance, dual majors, from Bowling Green State University and his J.D. from the University of Toledo. J.R. is also a Certified Public Accountant in Ohio. He is a member of the Toledo and Ohio State Bar Associations, and the American Association of Attorney-Certified Public Accountants, Inc.

 

J.R. is a legal counselor with significant experience in business, tax, real estate, estate planning, and elder law.

 

Business: Counsels ongoing and start-up closely held businesses, handles business acquisitions and sales, business workouts, federal income tax matters, business succession planning, buy out of an owner by the company or other owners and counsels high-net worth individuals and executives on general business matters. J.R. also handles all aspects of entity formations. His background as a Certified Public Accountant allows him to work closely with our client’s accountants in the formations, ongoing business consulting, business sales and acquisitions. J.R. has represented clients on the sale of their businesses to public companies.

Real Estate: He regularly handles

 

1. Acquisitions, leasing, and sales matters as to commercial and residential real estate,

2. Real estate tax valuation appeals,

3. Formation & use of LLC’s for ownership of rental real estate, and

4. IRS 1031 Tax Free Exchanges

 

Business Workouts and Real Estate Workouts: He handles business disputes between partners, winding up and closing down businesses with creditor issues, sales in distressed conditions, and collections and/or enforcement upon behalf of a seller who financed the business sale with the purchaser in payment default.

 

Tax/ IRS Controversies: Counseling and planning for taxpayers.  

 

1. Tax planning for clients,

2. Tax controversy work in representing business owners and individuals that owe the IRS, State of Ohio, or municipalities income or business taxes,

a. Levy release,

b. Getting the IRS to mark a taxpayer as uncollectible when their necessary and normal expenses equal or exceed their net income,

c. Mitigation of the taxpayer’s ability to pay IRS monthly installment payments,

d. Defense of federal court complaint as to the reducing of federal income tax balances  to a legal judgment and injunctive relief,

e. Successful representation of client in defense of alleged responsible party payroll  tax assessment,

f. He has successfully discharged federal, state, and local income taxes owed by clients in a Chapter 7 Bankruptcy filing when the facts and circumstances allow,

g. He also counsels tax-exempt organizations as to formation and ongoing representation, and

h. Specific designation of voluntary partial payments to IRS to benefit the taxpayer Medicaid/ Elder Law/Asset Protection: He advises clients, their parents, and their families on all aspects of Medicaid and elder law plans, options for asset protection, and the realities and practical application of current elder law.

 

Estate Planning, Trusts, and Estate Administration: J.R. performs estate planning from the basic estate plan to drafting of more elaborate plans for high-end clients to carry out their planning objectives. Through his counsel, he continually strives to educate his clients as to the benefits and negatives to the proper attention to asset titling and beneficiary designation issues.

Summary: J.R. enjoys being a part of the Barkan & Robon, Ltd. team that allows him to work with clients in the areas of his practice, but also refer and remain active in client legal matters that are outside of the scope of his practice areas, yet within the practice area of his partners. This cooperative partnership has allowed for a full-service quality representation for our clients.  

Quality – is the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives.

 

J.R. is a past member of the Board of Directors of the Childhood Cancer Foundation of Northwest Ohio, has received the designation as Friend of the ACF-Maumee Valley Chefs Association, a prior Junior Achievement Project Business volunteer, coaches various children’s sporting teams and is a long time parishioner of St. Stephen Church. He enjoys golfing, playing racquetball, and participating in many other activities.

 

JR’s Top Ten (10) Legal Victories or Successes

 

01. Lead attorney for two separate multi-million dollar sales of client businesses to public companies.

02. Representation of client in a purchase of a bundle of commercial real estate mortgages from the Resolution Trust Corporation (RTC) and the separate purchase of the underlying deeds from a third party. Thereafter, the client sold off several of the commercial real estate centers and retained one or more to the satisfaction of their bank lender loan requirements.

03. Successful work out of a dispute between owners of a Florida marina and condo development. Simultaneously negotiating for the release of our client from an individual bank personal guaranty based upon our previous drafting and obtaining indemnity and hold harmless agreements from former partners and their family trust assets.

04. Pursued coverage under an old commercial insurance policy from the 1970’s for environmental damage to our client’s ownership of real estate from its legal business operations. It turns out there was coverage in such older policies for environmental contamination clean up costs in select circumstances. We successfully pursued and collected on a claim in the year 2000 after several denials of coverage. The insurance claim proceeds allowed for the netting out by our client as to its contamination remediation clean up costs.

05. In less than a five (5) month period at the end of 2005, J.R. individually counseled clients and separately handled and closed $17.3 million dollars of commercial real estate transactions, excluding the numerous lease matters regularly handled.

06. Successful discharge of income tax obligations (tax, interest, and penalties) in Chapter 7 Bankruptcy cases.

07. Representation of a client in the purchase of a commercial note and mortgage at a large discount from third party purchaser of a bundle of notes from a bank lender. We then simultaneously coordinated for the sale of the various real estate parcels (commercial real estate center and other real estate) to two different third party purchasers for a large profit margin. The money used to buy the note was the money obtained that same day from the simultaneous sale of the underlying real estate.

The kicker is our client was the former owner of the real estate center and other real estate but lost both in a default with its lender and subsequent foreclosure. We had previously obtained a waiver of deficiency from our client’s bank lender for any loan deficiency balance.

08. Successful litigation defense of client business owner in a piercing of the corporate veil claim as to him personally for the debts of the corporation.

09. The successful defense of our client to an IRS assessment against our client as a responsible party for IRS payroll taxes from a business that failed to pay all such taxes.

10. Eminent domain dispute as to land owned by our client needed for the I-280 new bridge known as the Veterans Skyway Bridge. Successful negotiation for the material valuation increase for the appropriation and the leasing of the remainder property to bridge contractor as a staging area. We drafted the lease so that all such improvements to the leased property staging area could remain at the completion of the lease term for the benefit of the client owner or we could require the contractor to remove all said improvements including utilities (such as electrical lines, water lines, sewer service, gas lines) pavement, fencing, and return the property to prior condition. Such language allowed us to negotiate a very favorable deal with the contractor at the end of the lease term to purchase at a large discount the office modular units comprising of over 30,000 square feet of space and we were able to simultaneously lease such office real estate to public company tenant.

11. Hopefully, with hard work many more to come.

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Zachary Murry, Partner

Zachary Murry joined Barkan & Robon, Ltd. in June 2014, and was named a partner in the Firm in January 2017.  Zach is a graduate of Evergreen High School in Metamora, Ohio and the Ohio State University.  Zach earned his Juris Doctor from the Catholic University America, Columbus School of Law in Washington, DC in 2007. He is licensed to practice as an attorney in the State of Ohio as well as in Michigan and Maryland.

 

Zach has broad experience in representing businesses and individuals in a variety of legal matters.  Focusing on business law and commercial litigation, Zach and Barkan & Robon, Ltd. have represented businesses and contractors in numerous litigation and arbitration proceedings and provided representation and counsel in non-litigation matters including contract negotiations and litigation, labor and employment issues, EEOC and OCRC claims, trade secrets, and business formation and valuation.  Zach has also served as litigation and arbitration counsel for Taft-Hartley Plans on ERISA issues encompassing fiduciary obligations and the appropriate investment and management of Plan assets.

 

Zach has represented numerous property owners in eminent domain proceedings; aggressively representing property owners at both negotiation and trial proceedings to secure appropriate compensation for taken land.  Zach also works to protect the rights of accident victims and persons injured as a result of defective products.

 

Bar Admissions

Maryland             2007

Michigan              2010

Ohio                      2011

U.S. District Court for the District of Maryland

U.S. District Court for the Northern District of Ohio

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Western District of Michigan

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James M. Tuschman of Counsel

Jim Tuschman joined Barkan & Robon Ltd. as of Counsel in March 2002 to the present.

Mr. Tuschman received his Bachelor’s Degree in Business from Miami University of Ohio (1963) and his JD Degree from Ohio State University College of Law (1966).  

His professional experience includes practice with the law firm of Shumaker, Loop & Kendrick from 1966 through 1985 (partner in 1971). Thereafter he co-founded the law firm of Jacobson, Maynard, Tuschman & Kalur, a multistate medical malpractice litigation firm. He served as managing principal of its Toledo, Ohio regional office from 1985 through 1997.

 

Mr. Tuschman has been a trial lawyer for the past 48 years. During most of his professional career he was involved in the defense of doctors and hospitals in medical malpractice cases. He received national recognition by being listed in The Best Lawyers in America, his selection as a fellow in the International Society of Barristers, as well as the American Board of Trial Advocates. He was selected to be a Member of the National Trial Lawyers (representing the top 100 trial lawyers in Ohio). He is listed in Who’s Who in America, and Who’s Who in American Law. He was also chosen for inclusion on the 2013 and 2014 Ohio Super Lawyers List.

He is a member of the Ohio and Toledo Bar Associations, Ohio Trial Lawyers Association, Association of Trial Lawyers of America, the Million Dollar Advocates Forum and the National Alumni Council of The Ohio State College of Law. He has lectured nationally on various litigation topics including medical malpractice, and the art of trial advocacy.

Mr. Tuschman has practiced before the United States Supreme Court, the United States Courts of Appeals for both the Sixth and Seventh Circuit, the United States District Court for the Northern District of Ohio, the Ohio Supreme Court, various appellate districts in the State of Ohio and various trial courts throughout the States of Ohio and Michigan.

Mr. Tuschman was appointed by Governor Voinovich to the Board of Trustees of The University of Toledo in 1995, serving as its chairman from 2000 to 2002. He was also a member of the Governor’s Commission on Higher Education and the Economy and co-chair of its committee on Governance, Structure and Finance.

In 2004 Governor Taft appointed Mr. Tuschman to the Ohio Board of Regents, which is now the advisory board to the Chancellor of the University System of Ohio. He was elected Chairman in 2009. Mr. Tuschman ended his term with the Regents in November 2012.

In 2008 he was appointed Chairman of the Joint Task Force on Intermodal Transportation and Logistics by the Mayor of the City of Toledo.  

 

In 2009 he was appointed by the Mayor of the City of Toledo to the Board of Directors of the Toledo-Lucas County Port Authority. In March of 2012 he was appointed Chairman of the Port’s Facilities and Economic Development Committee and in December of 2013 he was elected Vice Chairman of the Board.

In 2012 he was elected to the Board of the Great Lakes Historical Society.

 

In the Fall of 2013 he began serving as a Visiting Professor of Legal Specialties at the University of Toledo in the College of Social Justice and Human Service.

 

Mr. Tuschman formerly served as the Chairman of the Board and Secretary of the former Tuschman Steel Company (1969-1976) and later the Vice-Chairman of the Board of Kripke Tuschman Industries, Inc. (1977 1985). He also served as Chairman of the Board of the former

Toledo Steel Supply Company (1969 1986).

 

In 1998 through 2003 Mr. Tuschman served as the Chief Operating Officer for OmniSource Corporation’s northern Ohio division.

 

Mr. Tuschman has in the past served on various community boards, including Maumee Valley Country Day School, Capital Bank and Temple B’nai Israel.

 

Mr. Tuschman and his wife Ina have three adult children.  

Cynthia G. Tesznar, Associate of Counsel

Cindy Tesznar joined the law firm of Barkan & Robon as an Associate in 1985, after serving a clerkship with a Lucas County Common Pleas Court judge.

 

Ms. Tesznar was born in Monroe, North Carolina. She received her B.A. in philosophy and political science from Vanderbilt University in 1974. In 1983 she earned her Juris Doctorate at the University of Toledo where she was a member of the University of Toledo Law Review from 1981-1983.  

 

Ms. Tesznar is a member of the Toledo, Ohio State and American Bar Associations. She is also a member of the Toledo Women’s Bar Association and the Ohio Women’s Bar Association.

 

Recently, Ms. Tesznar was on the prevailing side in an Ohio Supreme Court decision on real property forfeiture. Her primary areas of practice are litigation, banking, bankruptcy and real estate.

 

Cindy is an avid gardener. She also enjoys traveling and has visited over a dozen countries.

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