Matthew J. McCracken
Associate
Chernett Wasserman Yarger, LLC

216.737.0723
mjm@cwylaw.com

Matthew J. McCracken focuses his practice on representing small to medium sized businesses. His clients include banks, closely held businesses, owners, and individuals in contract negotiations, out-of-court workouts and litigation in matters regarding employment law, commercial and residential real estate, condominium law, contract disputes, creditor/debtor disputes, creditor’s rights, secured transactions, securities and tortious conduct.

He is a member of the Ohio State Bar Association and Chairs the Executive Committee of the Young Lawyers Section of the Cleveland Metropolitan Bar Association.

Representative Experience

  • Represented worldwide leader in synthetic turf manufacture and installation in litigation brought by a creditor attempting to hold client liable under a third-party creditor’s bill
  • Represented regional Federal Savings Bank in litigation and out-of-court workouts with numerous developers who defaulted on commercial and residential real estate projects
  • Represented manager and shareholder of a restaurant in litigation regarding claims of sexual harassment brought by a former employee
  • Represented owners of a closely held waste management facility in litigation regarding an alleged breach of contract for construction debris waste removal
  • Represented former President, Chairman, and CEO of a small Ohio bank in litigation against the bank for wrongful discharge and defamation
  • Represented principal of telecommunications company in sale of company assets, including negotiations with minority owners
  • Negotiated and drafted numerous non-compete, non-solicitation and/or confidentiality agreements designed to protect client trade secrets and prevent unfair competition
  • Represented principal of a closely-held business in litigation brought by numerous secured and unsecured creditors following winding-up of business

Case Study

Client: Shareholders in a closely held corporation.

Issue: Out of state company attempted to hold shareholders personally liable by “piercing the corporate veil” for corporation’s alleged breach of a contract for the removal of construction debris.

Solution: Filed a motion to dismiss individual shareholders on the grounds that the corporate veil should not be pierced under the facts of the case.

Result: Trial court granted the motion to dismiss and dismissed the individual shareholders from the lawsuit.

Education

Case Western Reserve University School of Law, J.D., cum laude, 2004

Vassar College, B.S., Psychology, 1999

Admissions

Ohio 2004

U.S District Court, Northern District of Ohio 2005

Areas of Practice

Real Estate Acquisition & Financing

Banking & Financial Services

Corporate & Securities

Business & Tort Litigation