Rodney A. Holaday
Practice Areas
- eControl
- Financial Institutions
-
Litigation
- Alternative Dispute Resolution
- Appellate Practice
- Bankruptcy and Creditors' Rights Litigation
- Business and Commercial
- Consumer Finance
- Consumer Lending and Lender Liability
- E-Discovery and Electronic Information Management (EIM)
- Financial Institutions Litigation
- Government Investigations
- Products Liability
- Public Records and Open Meetings
- Securities, Shareholder Disputes and Corporate Governance
- Toxic Torts
Industries
Education
- The Ohio State University Michael E. Moritz College of Law, J.D., 1997, with Honors, Order of the Coif
- Miami University, B.S., 1994
Bar & Court Admissions
Rodney is a partner based in the Vorys Columbus office and a member of the eControl and litigation groups. He focuses on brand protection and control for e-commerce clients and complex business litigation.
His support of e-commerce clients includes business strategy, channel management, the creation of tailored policies and practices to support brand protection and consistent customer experiences, diversion diagnostics, and enforcement, including litigation to combat illegal online sales, trademark infringement, Lanham Act and related claims.
Rodney’s business litigation practice includes consumer product related civil and regulatory disputes, class action litigation, consumer financial services litigation and regulatory matters, and public records dispute (Freedom of Information Act and state public records laws).
Rodney also has significant expertise counseling clients on information governance, including record retention policies and schedules and the defensible deletion of data and records, and on leveraging technology both for day-to-day records management and to efficiently address electronic discovery in litigation.
His recent experience includes:
- Defending several Fortune 500 companies and financial institutions in complex litigation in state and federal appellate courts;
- Successful federal jury trials on behalf of retail clients for business disputes and employment litigation;
- Negotiating a multi-billion dollar asset transfer on behalf of a state agency;
- Substantive cost and vendor management, application of technology-assisted review analytics to litigation investigation matters, and motion practice in e-discovery in federal and state courts; and
- Public records and open meetings policies and application of policies on behalf of public institutions, including public records litigation.
Rodney currently co-chairs the firm’s Pro Bono Committee and enjoys actively mentoring younger attorneys. In his role with the Pro Bono Committee, he helps empower Vorys attorneys in all eight offices to volunteer pro bono services to those who would otherwise not have access to representation in the justice system.
Rodney has presented on numerous topics, including most recently: marketplace brand protection and control; information governance and defensible deletion of data and records; civil evidentiary and procedure rules; ethics, sanctions, and electronic discovery best practices; and public records best practices and disputes under the Freedom of Information Act, The Ohio Public Records Act, and other state public records laws.
Honors & Awards
- Ohio Super Lawyers Rising Stars, Business Litigation, 2010
News
- 6/21/2022On June 21, 2022 the U.S. Supreme Court released its decision in Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc. siding with petitioners Marietta Memorial Hospital, its employee group health plan and health plan third-party administrator, for which Vorys argued the case.
- 7/8/2019The rapid growth of Amazon and other online marketplaces has created a new ecosystem in which brands struggle to control their product sales. Brands now find their products sold by anonymous online sellers and face new challenges on an unprecedented scale. The eControl360 Summit is a first-of-its-kind event that will bring together thought leaders in each of the disciplines necessary to tackle these challenges and allow brands to retake control of their online sales.
- 1/4/2012Vorys announced that David A. Froling, Thomas H. Fusonie, Jolie N. Havens, Rodney A. Holaday, Jill S. Tangeman and Thomas R. Trotter have been named partners of the firm.
- 12/22/2009
Events
- 3/29/2022Rodney Holday, a partner in the Columbus office and member of the eControl and litigation groups, presented a seminar titled "Ethical Issues Concerning the Defensible Disposition of Data and Records" in March 2022.
- 11/6/2019The rapid growth of Amazon and other online marketplaces has created a new ecosystem in which brands struggle to control their product sales. Brands now find their products sold by anonymous online sellers and face new challenges on an unprecedented scale. The eControl360 Summit was a first-of-its-kind event that brought together thought leaders in each of the disciplines necessary to tackle these challenges and allow brands to retake control of their online sales.
- 11/14/2018Vorys hosted a webinar series highlighting important topics in the consumer finance industry on November 14, 2018.
- 10/23/2018Vorys hosted a webinar series highlighting important topics in the consumer finance industry on October 23, 2018.
- 5/8/2018Vorys is proud to have host a webinar series highlighting important topics in the consumer finance industry. Webinar dates included March 15, April 10 and May 8, 2018.
- 5/3/2018On May 3, 2018 four Vorys attorneys spoke at the William J. O’Neill Great Lakes Regional Bankruptcy Institute 2018: It’s Time For Our Commercial Break.
- 10/26/2017The Vorys Consumer Financial Services Summit was held on October 26, 2017, in Vorys' Cincinnati office.
- 9/21/2017Vorys Partner Rodney Holaday presented at the International Legal Technology Association's Ohio Statewide Meeting on September 21, 2017. He spoke about legal project management skills and lesson learned fro litigation support personnel.
- 6/15/2017Several Vorys attorneys were speakers at the 2017 Consumer Financial Services Summit on June 15, 2017.
- 5/7/2017Vorys partner Rodney Holaday presented at the Mortgage Bankers Association Legal Issues & Regulatory Compliance Conference on May 7, 2017.
- 1/20/2017Vorys Partners Angela Gibson, Rodney Holaday and Jeff Smith co-presented the ADA Website Compliance Lawsuits Webinar hosted by the Ohio Banker's League on January 20, 2017.
- 12/7/2016Vorys Partners Rodney Holaday and Elizabeth Smith were speakers at the OAPCS 10th Annual Ohio Charter Schools Conference on December 7, 2016.
- 8/29/2016Vorys Partners Rodney Holaday and Phil Downey were speakers at the ILTACON 2016 Annual Educational Conference from August 28 - September 1, 2016.
- 6/22/2016Several Vorys attorneys were speakers at the 2016 Consumer Financial Services Summit on June 22, 2016 in Columbus, Ohio.
- 2/25/2016Several Vorys attorneys were speakers at the Vorys Consumer Financial Services Summit on February 25, 2016 in Cincinnati, Ohio.
- 11/11/2015Vorys Partner Rodney Holaday was a speaker at the Ohio Litigation Support Statewide Conference hosted by the International Legal Technology Association on November 11, 2015.
- 10/28/2015Vorys presented a Consumer Financial Services Summit on October 28, 2015 in Cleveland, Ohio.
- 9/1/2015Vorys attorneys Rodney Holaday and Doug Matthews were speakers at the 2015 International Legal Technology Association Conference on September 1, 2015.
- 10/31/2014Vorys attorneys Rodney Holaday and Angelyne Lisinski presented Everything You Don’t Know about E-Discovery (But Wish You Did), hosted by the National Business Institute on October 31, 2014.
- 10/2014Vorys Partner Rodney Holaday was a presenter at the International Legal Technology Association's State of Ohio annual conference in Columbus, Ohio, with topics that included: social media discoverability, acquisition and authentication, various uses in litigation, and case law updates.
- 9/2014Vorys Partner Rodney Holaday presented "Ethics, Sanctions and E-discovery; Staying Out of Trouble Despite Increased Risks."
- 12/13/2013Vorys Partner Rodney Holaday presented Applying the Rules of Evidence: What Every Attorney Needs to Know on December 13, 2013; a seminar hosted by the National Business Institute.
- 4/20/2011Vorys attorney Rodney Holaday spoke at the National Business Institute’s The Mechanics of Ohio Civil Procedure seminar on April 20.
Insights
- Winter 2020Beginning in October 2019, more than a dozen individuals through at least four law firms have filed hundreds of new lawsuits against businesses alleging violations of the Americans with Disabilities Act of 1990’s Title III (starting at 42 USC §12101), as well as local New York state (N.Y. Exec. Law Article 15) and New York City Human Rights Laws (starting at N.Y.C. Admin. Code §8-101).
- Winter 2020By 6-1 vote, the Ohio Supreme Court recently ruled that under Ohio criminal law, a bank that cashes a forged check and then recredits a depositor’s account is a “victim” such that the person who forged the check may be required to pay restitution to the bank.
- Winter 2018While the prohibition on unfair or deceptive acts or practices in or affecting commerce (UDAPs) by financial institutions is not new, we have observed a noticeable uptick over the past few years in the number of alleged UDAPs cited by federal banking regulators in the course of examinations.
- 1/4/2018Over the past year, various plaintiff-side law firms sent aggressive demand letters on behalf of activist organizations and individuals to financial institutions – typically community banks – asserting that the Americans with Disabilities Act (ADA) applies to websites.
- 6/15/2017This week a federal judge in Florida passed down one of the most historic ADA website accessibility decisions to date, finding that Winn-Dixie was liable under Title III of the ADA because its website was inaccessible.
- 5/2/2017The Supreme Court ruled on Monday that cities have standing under the Fair Housing Act (FHA) to sue banks based on allegations of discriminatory lending practices that purportedly led to economic losses for the cities through lower tax revenues and increased demand for city services.
- 11/21/2016Several law firms nationally are in the process of issuing demand letters to banks, thrifts and various other businesses alleging website access barriers. The most recent wave of demand letters specifically target the banking industry. The letters demand changes to banks’ web pages and payment of substantial legal fees based on alleged violations of the Americans with Disabilities Act (the ADA).
- 5/25/2016The first wave of attacks on the Consumer Financial Protection Bureau’s (CFPB) recently proposed rules prohibiting class action waivers in pre-dispute arbitration agreements occurred during the House Financial Institutions and Consumer Credit Subcommittee hearing entitled “Examining the CFPB’s Proposed Rulemaking on Arbitration.
- 5/25/2016Financial Services Alert: Regulations Prohibiting Class Action Waivers Published in Federal RegisterOn May 24, 2016 the Consumer Financial Protection Bureau’s (CFPB) proposed arbitration rule was published in the Federal Register.
- 5/16/2016The Supreme Court of Ohio recently released its opinion in White v. King,expressly expanding the definition of a “meeting” under Ohio’s Open Meetings Act to include discussions that occur “telephonically, by video conference, or electronically by email, text, or other form of communication.”
- 5/6/2016The Consumer Financial Protection Bureau (CFPB) yesterday released a widely anticipated proposed rule that would: (1) prohibit class action waivers in pre-dispute arbitration agreements, and (2) require a provider to submit records from individual arbitrations to the CFPB.
- 1/4/2016Rodney Holaday, a partner in the Vorys Columbus office, and Paige Kohn, an associate in the Columbus office, co-authored an article for the Winter 2016 edition of the Columbus Bar Association’s Lawyers Quarterly. The article was titled “The Duty of Competence and Trends in E-Discovery.”
- 5/22/2015On May 21, 2015, the Supreme Court of Ohio ruled that private entities, even sub-parts of private universities, can quality as public bodies with duties to comply with Ohio’s Public Records Act.
- 3/16/2015The Consumer Financial Protection Bureau (CFPB) released a study on March 10, 2015 that concludes that pre-dispute arbitration agreements restrict a consumers’ relief. This study is the latest step in the CFPB’s analysis of lenders’ arbitration practices and is widely regarded as a precursor to new regulations.
- 1/20/2015On January 13, 2015, the United States Supreme Court ruled in favor of homeowners seeking to rescind their loans and mortgages with written notice to lenders within three years of completion of a real estate transaction, where lenders allegedly failed to comply with the federal Truth in Lending Act (TILA). Based on this decision in Jesinoski v. Countrywide Home Loans, Inc., it is not necessary that a homeowner actually file a court action within those three years.
- 7/29/2014As reflected in the recent decision by the United States District Court for the Southern District of Ohio in Brown v. Tellermate Holdings, Ltd., communication and candor are key components of modern discovery. Indeed, the Brown decision emphasizes that, not only do attorneys have an affirmative obligation to speak to the key players related to the matter being litigated so that counsel and client together can identify, preserve, and search the sources of discoverable information, but doing so is necessary for effective advocacy.
- 7/8/2011
- 1/1/2011