Fridrikh V. Shrayber

Director
Bar/Court Admissions
  • Pennsylvania
  • Ohio
  • U.S. Court of Appeals for the 3rd and 6th Circuits
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Northern District of Indiana
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Southern District of Ohio
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Western District of Pennsylvania
  • U.S. Court of International Trade
Education
  • J.D., magna cum laude, Order of the Coif, University of Pittsburgh School of Law, 2008
  • B.A., Business and Philosophy, University of Pittsburgh, 2002

Fred is a seasoned litigator, counselor and advisor. His clients include publicly traded corporations and small local businesses. They are manufacturers, distributors and service providers. They operate in the aerospace and the telecommunications industries – and everywhere in-between. Their issues range from simple breach of contract disputes to bet-the-company litigation. Faced with that diverse set of challenges, Fred’s clients rely on him to achieve their objectives in a predictable and efficient manner.

Fred represents clients in complex commercial arbitration and litigation matters in state and federal courts throughout the United States. He focuses his dispute resolution practice in four principal areas:

  • Disputes involving trade secrets, restrictive covenants and unfair competition claims
  • Business-critical customer and supplier disputes
  • Corporate governance and shareholder disputes
  • Insurance recovery disputes

Fred has more than a decade of litigation experience. He has represented clients in jury and bench trials, preliminary injunction hearings, appeals and other court proceedings. He also has extensive experience in all aspects of e-discovery, forensic investigations, and the use of technology in adversarial proceedings.

His practice goes far beyond dispute resolution. For instance, Fred is the founder and co-chair of the Firm’s Data Security, Privacy and Information Law practice. In that role, he educates and counsels clients concerning all aspects of data security, privacy and information law, all with a view towards managing the risks associated with their acquisition, use and disposition of information. Further, Fred counsels his clients in a proactive manner on a wide range of legal issues impacting their business, ranging from day-to-day decisions to complex contractual negotiations with customers and suppliers.

Before embarking on his legal career, Fred worked in numerous business roles. He is bilingual in English and Russian.

Unfair Competition Disputes

  • Clarkwestern Dietrich Building Systems, LLC v. Certified Steel Stud Ass’n, Inc., No. 13 CV 2809 (Butler County Court of Common Pleas, Ohio 2015) (represented manufacturer of construction products asserting claims against its competitors for unfair trade practices, unfair competition, disparagement and defamation; obtained $49.5 million jury verdict in manufacturer’s favor)
  • DeltaValve, LLC v. Paul Wurth, Inc., 2:17-cv-200 (N.D. Ind. 2017) (represented manufacturer of steel making equipment facing patent infringement claims by competitor)
  • ABS Alloys & Metals, LLC v. Machent, 13 CVS 2090 (North Carolina Business Court 2013) (represented company engaged in metal sourcing asserting claims against several former executives and competing company for unfair competition, tortious interference with contracts and trade secret misappropriation)
  • Seebach America, Inc. v. Seetech, LLC, No 2:09-cv-00510 2011 WL 1327335 (S.D.W. Va. Apr. 7, 2011) (represented manufacturer of hydraulic filtration systems asserting claims of trademark infringement and unfair competition against former president and a competing company)
  • Represented transloading company against rail yard owner in complex American Arbitration Association (“AAA”) dispute involving damage claims in excess of $30 million. Conducted a week-long arbitration hearing and obtained award in client’s favor (2018).

Restrictive Covenant and Trade Secret Disputes

  • Prime Therapeutics LLC v. Beatty, — F. Supp. 3d. —-, 2018 WL 5669270 (D. Minn. Nov. 1, 2018) (represented executive facing claims for breach of contract and trade secret misappropriation by former employer; successfully defended against preliminary injunction motion)
  • Painters Supply & Equipment Co. v. Micro Platers Sales, Inc., No. 18-036612-CZ-1 (Mich. Cir. Ct. 2018) (represented employer asserting breach of contract claims against former employee and his new employer; obtained consent injunction in client’s favor after filing preliminary injunction motion)
  • ANH Refractories Co. v. Langenohl, No. GD-13-023561 (Allegheny County Court of Common Pleas, Pennsylvania 2014) (represented manufacturer of refractory products asserting claims against senior engineer and competing company for breaches of non-compete covenant and trade secret misappropriation)
  • Valspar Corp. v. Van Kuren, 2012 WL 32454771 (W.D. Pa. Aug. 9, 2012) (represented chemist formerly employed by paint manufacturer facing claims of trade secret misappropriation)

Business-Critical Customer and Supplier Disputes

  • Aqua-Hot Heating Sys., Inc. v. The Gorman-Rupp Co., 2018 WL 6249886 (D. Colo. Nov. 29, 2018) (represented manufacturer facing breach of contract and product liability claims asserted by customer; obtained partial summary judgment in manufacturer’s favor)
  • Represented manufacturer in a complex AAA dispute against Fortune 100 company asserting damages in excess of $100 million arising out of a long-term supply agreement. Conducted three-week hearing in front of a three-member panel chaired by former federal magistrate judge and obtained settlement on the last day of the hearing (2017).
  • Elliott-Lewis Corp. v. Skanska USA Building, Inc., No. 2:14-cv-03865, 2015 WL 454362 (E.D. Pa. July 28, 2015) (represented manufacturer of pump systems facing construction liability claims in multi-party construction dispute; obtained dismissal in manufacturer’s favor)
  • HarbisonWalker International, Inc. v. McKees Rocks Industrial Enters., Inc., No. 15 CV 410 (Trumbull County Court of Common Pleas, Ohio 2015) (represented manufacturer asserting claims against vendor for damages caused to manufacturer’s property during transit and storage)
  • Wellington Resource Group, LLC v. Beck Energy, Inc., 975 F. Supp. 2d 833 (S.D. Ohio 2013) (represented consulting company seeking to recover seven-figure commission in connection with defendant-company’s sale of its business assets for $85 million; obtained denial of defendants’ motion to dismiss consulting company’s claims)

Corporate Governance and Shareholder Disputes

  • McClafferty v. Koledin, No 2017-1134 (Pa. Ct. Comm. Pl., Mercer 2018) (represented minority shareholder seeking preliminary and permanent injunctive relief against majority shareholder; obtained preliminary injunction in clients’ favor and order removing defendant from his position of control)
  • Zytnick v. Zytnick Realty, Inc., No. GD-06-022105 (Allegheny County Court of Common Pleas, Pennsylvania 2012) (represented one co-owner of business asserting shareholder oppression claims against the other co-owner of the business; obtained dissolution and liquidation of business)

Insurance Recovery Disputes

  • Parker Hannifin Corp. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, No. 1:12-cv-2470 (N.D. Ohio 2012) (represented manufacturer of motion control systems asserting claims against various insurers seeking recovery of costs of defense and indemnity arising out of third-party liability claims and asserting right to control defense against future third-party claims)

Corporate Acquisition Disputes

  • Prairie Capital III, L.P. v. Double E Holding Corp., 132 A.3d 35 (Del. Ch. Ct. 2015) (represented private equity fund asserting fraud- and contract- based claims against sellers of a business; obtained denial of defendants’ motion to dismiss fraud- and contract-based claims)
  • Precision Analytical, Inc. v. CWM Environmental Cleveland, LLC, No. 1:16-cv-01561 (N.D. Ohio 2016) (represented buy-side parties to a stock purchase agreement defending against and asserting claims for breach of representations and warranties

Lending Disputes

  • KeyBank, N.A. v. Voyager Group, L.P., 2012 WL 4048850 (W.D. Pa. Sept. 13, 2012) (represented developer of failed ultra-luxury resort asserting contractual and lender liability claims against bank and claiming damages in excess of $100 million)

Other Illustrative Business Disputes

  • Kisano Trade & Invest Ltd. v. Lemster, 505 F. App’x 147 (3d Cir. 2012) (represented foreign national against RICO and fraud claims; on appeal, obtained reversal of district court’s entry of preliminary injunction and secured dismissal of action on forum non conveniens grounds)
  • Brett v. Time Warner Cable Midwest, LLC, No. 4:16-cv-1395 (N.D. Ohio 2017) (represented cable installation company facing breach of contract and tortious interference claims filed by former employee)
  • Bartow v. Tri-Star Motors, Inc., No. 1084 (Pa. Super Ct. 2016) (represented company facing malicious prosecution and abuse of process claims; obtained dismissal in client’s favor, which was affirmed on appeal)
  • Co-presenter, “Technology Tactics to Keep E-discovery Costs in Check,” ACC Western Pennsylvania, June 13, 2018
  • Co-presenter, “Legal Aspects of Information Technology,” Pittsburgh Premier CIO Forum, September 20, 2017
  • Co-presenter, “Introduction to Data Security, Privacy & Information Law: Understanding the Landscape,” C&G CLE Day, April 19, 2017
  • Co-presenter, “Using Non-Reliance Clauses to Limit Fraud in M&A Transactions,” C&G Academy, June 1, 2016
  • Presenter, “E-Discovery – Use of Electronic Files and Data,” Pennsylvania Association of Housing & Redevelopment Agencies (PAHRA) Capitol Conference, February 22, 2016
  • Presenter, Panel Discussion: “Contract/Legal Side of Vendor Management as SaaS Evolves, Consumerization of the Enterprise, BYOI-vs.-BYOD and Formalizing Threat Intelligence,” Greater Pittsburgh CIO Group Meeting, January 26, 2016
  • Presenter, “Practical Strategies (for Litigators & Non-Litigators) to Reduce the Risks & Costs of Discovery – Before Litigation Ever Begins,” C&G Academy, April 15, 2015
  • Fridrikh V. Shrayber and Morgan J. Hanson, Anti-Reliance Clauses and Other Contractual Fraud Limitations under Delaware Law, 25 Widener L. Rev. 95 (2019)