Jonathon M. Yarger
Partner
Chernett Wasserman Yarger, LLC
216.861.6219
jmy@cwylaw.com


Jonathon M. Yarger focuses his practice on the representation of small to medium sized businesses. He has substantial experience with negotiating and drafting contracts and business organization documents, as well as work-outs, business reorganization, and business debt and creditor’s rights. Mr. Yarger was formerly appointed to the Arizona-Mexico Commission Committee on Banking and Finance by the office of the governor of the State of Arizona. His clients include banks, and other asset-based lenders, perishable agricultural commodities sellers, small to medium-sized manufacturing and service companies of all types, and telecommunications companies.

He is a member of the American Bar Association and the Federal Bar Association

Representative Experience

  • Represented a start-up manufacturing operation in molded plastics industry, providing legal and business advice in connection with everything starting with the proper legal entity under which to do business through the preparation and negotiation of supplier and vendor contracts, as well as the protection of trade secrets and confidential manufacturing processes developed by client
  • Represented a national bank in successfully establishing its priority over accounts receivable in a bankruptcy and debtor’s check kiting scheme.
  • Represented a cellular telephone service company against an international equipment supplier, successfully negotiating a settlement valued at millions of dollars, which provided our client with replacement equipment, software, technical assistance and cash, allowing it to reinstate its stalled business operation.

Case Study

Client: Founder of a regional company with $20 million plus in annual gross sales.

Issue: The company filed for protection under Chapter 11 of the Bankruptcy Code. Our client was a personal guarantor of the company's debt. He wanted to start a new company in the same line of business. The existing company was liquidated.

Solution: We fought numerous litigation battles with many suppliers, creditors and banks, who alleged that our client was personally responsible for millions of dollars of liability based on theories of breach of contract, piercing the corporate veil and fraud. Simultaneously with the litigation by claimants, we assisted the client in establishing the new business operation, including the negotiation of distributorship contracts and the general business representation associated with the start-up of a new company.

Result: We were successful in all of the litigation to a degree sufficient to allow our client to escape personal liability for the company’s debt. He is now happily growing the new business and enjoys the support of most of the people who formerly sued him.

Education

University of Arizona School of Law, J.D., 1981

Ohio University, B.A., 1978

Universite de Tourraine, Tours, France, 1976

Admissions

Ohio 1990

Arizona 1981

Arizona Supreme Court 1981

U.S. District Court, Northern District of Ohio 1989 and Southern District of Ohio 1992

U.S. Bankruptcy Court, Northern District of Ohio 1989 and Southern District of Ohio 2004

U.S. 6th Circuit Court of Appeals 1992

U.S. Supreme Court 2001

Areas of Practice

Corporate & Securities

Bankruptcy & Creditors' Rights

Business & Tort Litigation