Greg is the Co-Chair of the Fiduciary Litigation Practice Group and the Leader of the Unfair Competitive Business Practices Team. Greg has more than 15 years of experience in handling complex commercial disputes and is regularly called upon by clients to handle their most significant commercial and trade secret matters. He represents and counsels domestic and international clients in litigation and litigation avoidance matters, including the potential for resolving disputes in advance of litigation.
Greg has received the highest peer review rating (AV Preeminent) available from Martindale-Hubbell.
Greg has a broad complex commercial litigation practice that cuts across federal and state trial and appellate courts, including the following areas:
- Securities and corporate governance disputes;
- Class action defense;
- Breaches of fiduciary duties by directors, officers, partners, members and shareholders;
- Defending accountants, lawyers and securities broker-dealers;
- Regulated and municipal utility litigation;
- Annexation litigation;
- Restraint of trade and antitrust litigation;
- Covenants not to compete;
- Trade secret matters;
- Commercial real estate lease, covenant and use litigation;
- Industrial and agricultural nuisance litigation;
- Franchising disputes;
- Contract disputes; and
- Business tort disputes.
Greg also arbitrates disputes in domestic and international tribunals for his clients.
Representative Cases and Achievements
- Frederick C. Treadway adv. SSI Services, LLC, et al. (Marion Superior Court), two-week trial resulting in $1.6 million jury verdict in favor of client on breach of fiduciary duty claim in dispute among closely-held entity owners as well as $3.4 million of value to client for ownership interest.
- Samuel D. Pitman et al. v. SDP Manufacturing, Inc. et al., 96 N.E. 3d 667 (Ind. Ct. App. 2018), trans. denied, defense trial verdict for clients in closely-held corporation on claims for breach of fiduciary duty, constructive fraud and accounting and successfully defend verdict on appeal.
- Technical Youth, LLC adv. Agility Partners, LLC, et al. (S.D. Ind.), obtain injunction for client Technical Youth against departing sales executives who formed competing IT recruiting and staffing company.
- Represent national wind energy firms in land use and zoning litigation
- Represent international security software, silicon IP, and tools provider to protect trade secret and other proprietary information in connection with attempts by competitors to obtain information in mobile phone patent and intellectual property litigation.
- AEP Generating Company v. Lawrenceburg Municipal Utilities et al. (S.D. Ind. 2015), represent municipal utility in contract and rate dispute litigation concerning the consumption of power by a natural gas peaking power plant inside an exclusive electric service territory.
- Bucher and Christian Consulting, Inc. v. Novitex Enterprise Solutions, Inc. (S.D. Ind. 2015), represent national document and business service outsourcing company in breach of contract and business tort litigation in federal district court.
- Board of Trustees of Flavius J. Witham Memorial Hospital v. Fairfax Group, LLC et al., (Montgomery Circuit Court 2014), represent health care management group in complex litigation concerning contractual obligations and the federal Medicaid Upper Payment Limit Program.
- Orlando v CFS Bancorp, Inc. et al. (S.D. Ind. 2013),utilized the Private Securities Litigation Reform Act to defend financial institution client in federal securities class action litigation, including overcoming the plaintiff's attempt to enjoin the underlying merger between regional financial institutions.
- Lear v. First Merchants Corporation (S.D. Ind. 2013), utilized the Federal Arbitration Act and underlying customer account agreement to defuse federal class action claims concerning overdraft fees asserted against financial institution client.
- Dalzell v. Country View Family Farms, LLC, 518 Fed.Appx. 518 (7th Cir. April 2013), represent large pork producer in federal district court and the Seventh Circuit Court of Appeals in agricultural nuisance case brought by national plaintiffs' counsel and utilize Indiana's Right to Farm Act to defeat nuisance and other claims
- McDaniel Fire Systems, LLC v. 3S Inc., et al., (Porter Superior Court), represent fire protection and suppression company in litigation arising out of client’s acquisition of employees from competitor and establishment of new branch office with acquired employees in competitor’s primary territory. Successfully defeat plaintiff competitor’s request for injunctive relief, obtain monetary payment from plaintiff competitor, and avoid all restrictive obligations of the competitor’s non-compete agreements with its former employees hired by client
- Indiana Michigan Power Co. v. City of Fort Wayne, Indiana, (Allen Superior Court Case No. 02D01-0910-PL-400), represent the City of Fort Wayne in the dispute concerning the 1974 lease of its electric utility to I&M. Resolution included agreed payments to Ft. Wayne totaling $39.2 million
- City of Greenwood et al. v. Town of Bargersville et al.,(930 N.E.2d 58 (Ind. Ct. App.)), addressing an issue of first impression as to the landowner "consent" requirement under Ind. Code 36-4-3-9 when a town seeks to annex territory within three miles of a City’s corporate boundary, and ruling for client City of Greenwood and its co-plaintiff property owners that attempted annexation by the Town of Bargersville lacked such consent and therefore was unlawful and void
- The Sportsman’s Guide Inc. v. The Havana National Bank, et al., (C.D. Ill.), obtain an award of attorneys’ fees and costs and successfully absolve national retailer of sporting goods of liability sought by National Bank and multiple competing suppliers of goods
- Wastewater One, LLC v. City of Jeffersonville, Indiana, et al., (S.D. Ind.), represent municipality in condemnation and complex acquisition of property, utility plant and other assets
- Bicycle Garage of Indy, Inc. v. Kite Realty Group Trust et al., (Marion Superior Court), obtain injunctive relief arising out of threatened breaches of commercial lease and related covenants by large, national shopping center owner-developer
- GoldStar Athletics LLC, et al. v. George Crooks, et al.,(Johnson Superior Court), obtain injunctive relief against owners of closely held limited liability company, co-conspirators and related agents arising out of breaches of fiduciary duties, aiding in the breach of fiduciary duties and attempts to direct business away from the limited liability company to competitor
- Flying J Inc. v. City of New Haven, et al., 549 F.3d 538 (7th Cir.), affirming district court’s dismissal of Civil Rights (42 U.S.C. § 1983) claims by developer against the City of New Haven, Indiana concerning alleged equal protection and due process violations under the U.S. and Indiana Constitutions arising out of developer’s attempts to force the development of a large travel plaza
- Huntington Investment Co. v. Stanley Crisci, et al., obtained injunctive relief on behalf of client Huntington Investment Co. against financial advisor and new employer of financial advisor for violations of covenant not to solicit, conversion, misuse of confidential client information and breaches of fiduciary duties
- Geiger & Peters, Inc., et al. v. Ferguson Steel Co., Inc., (Marion Circuit Court), obtain defense trial verdict for multimillion-dollar corporate steel fabricator client on guaranty, indemnification, and breach of fiduciary duty claims
- Hilliard Lyons v. Merrill Lynch Pierce Fenner & Smith, National Association of Securities Dealers, obtained temporary and permanent injunctive relief on behalf of client Hilliard Lyons against group of registrant brokers for breaches of fiduciary duties and violations of the Indiana Trade Secrets Act, first through the Monroe Circuit Court and then under Section 10335 of the NASD Code
- Flynn & Zinkan Realty Co. v. Town of Westfield, et al., judgment for client developer entered after trial on merits, mandating approval of proposed development plan under "vested rights" doctrine; final agreed judgment entered before Indiana Supreme Court changed law in Pinnacle appeals
- Merrill Lynch Pierce Fenner & Smith, Inc. v. William Craig Dobbs, et al., successfully defended then fourth-largest production team in Merrill Lynch system from claims based on alleged breaches of covenants not to compete and request for temporary restraining order in move to Smith Barney
- Midwest Gas Services, Inc., et al. v. Indiana Gas Co., Inc. and ProLiance Energy LLC, 317 F.3d 703 (7th Cir. 2003), affirming dismissal of multiple Sherman Act claims by competitors against client ProLiance Energy LLC
- Verified Petition Of The Board of Commissioners of Boone County, Indiana To Revoke Certificate Of Territorial Authority Issued To Boone County Utilities, LLC, Indiana Utility Regulatory Commission Cause No. 42131, resulting in first application by IURC of Ind. Code 8-1-30-3, the "troubled utility statute," after hearing on merits,December 2003 Order directing the transfer of ownership of water and sewer utility for mismanagement and failure to comply with law and IURC orders
**DISCLAIMER: THESE CASES ARE ILLUSTRATIVE ONLY OF THE TYPES OF CASES HANDLED. THESE CASES DO NOT DEMONSTRATE PAST PERFORMANCE OR PREDICT FUTURE SUCCESS.
- Selected for inclusion in Indiana Super Lawyers® in the field of Business Litigation, 2019
- Selected for inclusion in The Best Lawyers in America® in the field of Commercial Litigation, 2019
- Martindale-Hubbell AV® Preeminent™ Rating
- Recognized in Benchmark Litigation as a “Future Star,” 2016-2018
- Selected for inclusion in the Indiana Super Lawyers® Rising Stars list, 2011-2013
- Hon. Cale J. Holder Scholarship, 1998-1999
- Harrison & Moberly Scholarship, 1997-1998
- Robert S. Smith Memorial Endowment Scholarship, 1996-1997
- Indiana Law Review, Associate Editor, 1998-1999
- Indianapolis Bar Association, Bar Leader Series V
- Indiana State Bar Association
- Seventh Circuit Bar Association
- McTurnan & Turner, 1999-2007 (2008 firm merger)
- Bingham Greenebaum Doll Recruiting Committee
- Bingham Greenebaum Doll Technology Committee
- Cathedral Fighting Irish Wrestling, 2007-2010
- Fishers-HSE Youth Football Board, 2007-2009
Contributions & Published Works
- "Chipping Away at the Stone Wall: Allowing Federal Courts to Impose Non-Compensatory Monetary Sanctions Upon Errant Attorneys Without a Finding of Contempt," 33 Indiana Law Review 1045, 2000
- Gregory A. Neibarger and Joshua J. Burress Discuss Using Facebook to Provide Notice for Service of Process06.03.2015
- Gregory A. Neibarger and James M. Hinshaw Discuss Text Message Evidence Preservation and Court Admission in Indiana Lawyer02.17.2015
- "Winning Before Trial, Deposition Skills," Instructor, ICLEF 2008, 2010
University of Missouri, B.S., Atmospheric Science, 1996
Indiana University School of Law, J.D., summa cum laude, 1999
Bar & Court Admissions
- Indiana, 2000
U.S. Court of Appeals for the Seventh Circuit, 2000
U.S. District Court, Central District of Illinois, 2010
U.S. District Court, Northern District of Indiana, 2000
U.S. District Court, Southern District of Indiana, 2000
U.S. District Court, Northern District of Florida, 2013