Dustin M. Koenig

Partner

Columbus + 1.614.281.3972

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Dustin Koenig represents clients in complex commercial matters, with an emphasis on infrastructure, construction, and corporate governance disputes. He also defends clients in securities, shareholder, and derivative litigation and has experience prosecuting and defending against expedited claims for temporary restraining orders and injunctive relief. Dustin regularly counsels clients operating in the public-private partnership (P3) space on governance matters and dispute avoidance.

Dustin's experience includes work for Cintra Infrastructures (Ferrovial Group), U. S. Steel, Acciona, and VINCI. Recently, Dustin successfully defended Conagra Brands in a securities class action and several shareholder derivative actions arising from its merger with Pinnacle Foods. He is currently representing Clayton, Dubilier & Rice, LLC and two of its designees to the board of directors of Covetrus, Inc. in a post-closing shareholder challenge to the approximately $4 billion acquisition of Covetrus by funds affiliated with CD&R and another third party.

Dustin maintains an active pro bono practice representing plaintiffs asserting constitutional claims under 42 U.S.C. § 1983, as well as individuals seeking writs of habeas corpus and post-sentencing relief in the federal courts. Before joining Jones Day, Dustin clerked for the Honorable Deborah L. Cook of the United States Court of Appeals for the Sixth Circuit and for the Honorable Jack Zouhary of the United States District Court for the Northern District of Ohio.

Experience

  • Hertz directors defend against shareholder class action and derivative litigation arising from share buyback programsJones Day represents certain directors of Hertz Global Holdings, Inc. in a putative class action and shareholder derivative lawsuit arising from stock buyback programs that resulted in Hertz's largest stockholders becoming majority stockholders.
  • CD&R and its two director-designees defend against claims in post-closing shareholder merger litigationJones Day represents Clayton, Dubilier & Rice, LLC and two of its designees to the board of directors of Covetrus, Inc. in a post-closing shareholder challenge to the approximately $4 billion acquisition of Covetrus by funds affiliated with CD&R and another third party.
  • Conagra wins affirmance of dismissal of securities class action in the Seventh CircuitIn May 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of a securities class action brought against Jones Day client Conagra Brands, Inc.
  • Bon Secours Mercy Health obtains favorable settlement of FCA allegationsJones Day represented Bon Secours Mercy Health ("BSMH"), one of the nation’s largest health systems with 50 hospitals and over 60,000 employees, in a False Claims Act qui tam action brought by a private relator and the U.S. Attorney’s Office for the Southern District of Ohio.
  • Marathon Petroleum and Speedway successfully settle lawsuit alleging violations of Kentucky's price gouging statuteJones Day settled on favorable terms, and obtained dismissal of clients Marathon Petroleum Company and its affiliate, Speedway LLC, a lawsuit brought by the Kentucky Attorney General.
  • Infrastructure firm defends post-reorganization claimsJones Day is defending an international infrastructure company in Texas federal court against fiduciary duty and fraudulent transfer claims stemming from construction and bankruptcy disputes.
  • Experian secures summary judgment in lawsuit challenging adequacy of credit reporting systemJones Day successfully represented Experian Information Solutions, Inc. in a case brought in the Eastern District of Kentucky alleging liability under the Fair Credit Reporting Act (“FCRA”).
  • Honduran woman obtains asylum in contested immigration caseJones Day represented pro bono a woman from Honduras in connection with the Firm’s Laredo Project.
  • Leading laboratory services provider successfully resolves lengthy false claims case after obtaining partial summary judgment and multiple administrative victoriesThroughout several years of active litigation, Jones Day represented a laboratory services provider in a case alleging that the laboratory company violated the Florida False Claims Act by (1) failing to bill its "usual and customary charge" under the State's argued interpretation of that term; and (2) offering steep discounts in order to induce referrals in violation of Florida's anti-kickback statutes.
  • LeBaronBrown Industries invests in Charkit Chemical CompanyJones Day advised LeBaronBrown Industries, LLC in connection with its investment in Charkit Chemical Company, LLC, a supplier of specialty chemicals for the personal care and aroma, food and food additives, imaging and photographic, pharmaceutical, and metal and water treatment industries, among others.
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