Business Litigation

The members of SKO’s Business Litigation Group understand that individuals and companies involved in complex and high-stakes disputes need trial lawyers who not only know the law, but also make it their business to understand the client’s business. The members of SKO’s Business Litigation Group thus work both as zealous advocates and problem solvers – the enduring qualities of trial lawyers.

Members of SKO’s Business Litigation Group represent many of the firm’s clients, including Lexmark, E.ON U.S., and Fifth Third Bank, in complex litigation matters. The group’s members are continually recognized as some of the best litigators in their respective fields. The group is listed as a leader in Chambers USA, and several of its members are individually recognized in publications such as Chambers, Best Lawyers in America, and Super Lawyers, and many of its members have received the highest rating bestowed upon attorneys by the respected publication Martindale-Hubbell. As acknowledged in the Chambers 2009 Client’s Guide and the sources consulted by Chambers, the group is known for its “high-profile cases and great connections,” its “impeccable trial lawyers,” and its “focus on cost containment and understanding a business’ requirements.”

SKO’s Business Litigation Group places an emphasis on strategic thinking. SKO’s litigators, often working in carefully constructed teams, fight hard for our clients, but too much is at stake to do so without careful and constant consideration of what the best result for the client is in each matter. SKO’s litigators work with our clients from the outset of a dispute to determine the best result that can be obtained and will frequently revisit the issue with our client to ensure that its best interest is what guides our representation. We never lose sight of the fact that while litigation may be necessary, it is not the goal - the goal is to obtain the best possible result for our clients.

Members of the Business Litigation Group are experienced in a vast array of litigation matters, frequently representing clients in matters concerning:

Business Torts (including contractual disputes, shareholder disputes, fiduciary duty claims)
Intellectual Property Rights (including patent, copyright, and trademark)
Antitrust and Trade Regulation
Environmental Litigation
Lender Liability
Equine Law
Eminent Domain and Real Estate
Securities Law
Class Actions
Mineral Law
Criminal Defense

Some of the group’s recent noteworthy engagements include:

Serving as Court-appointed Plaintiffs’ Liaison Counsel in the aviation litigation that arose out of the crash of Comair 5191 in Lexington, Kentucky, on August 27, 2006;
Ongoing representation of the Rehabilitator of AIK Comp, a failed workers’ compensation group self-insurance fund, in numerous litigation matters, already resulting in the recovery of over $60,000,000 to continue the payment of claims of injured workers dependent upon the fund’s viability;

Representing Lexmark in complex, multi-party litigation involving numerous claims, such as patent infringement, copyright infringement, antitrust, Lanham Act, and various other claims based on state law, including a six-week jury trial and two interlocutory appeals to the Sixth Circuit Court of Appeals;
Defending Southwest Recreational Industries against a competitor’s claims for patent infringement, antitrust and false advertising, securing not only a complete dismissal of the claims, but also an award of attorneys’ fees against the competitor in an amount in excess of $4,500,000;

Defending Kentucky-American Water Company against attempted condemnation by the Lexington Fayette Urban County Government in multiple proceedings, ultimately resulting in a published decision by the Kentucky Supreme Court affirming an injunction to prevent a referendum scheduled outside the regular election cycle and a public vote in favor of the Water Company the following year;

Recovering approximately $10 million taken from the estate of an elderly client by the unlawful use of a power of attorney;

Obtaining an arbitration award favorably interpreting a lease to the benefit of a large limestone quarry, resulting in an approximately $2 million per year increase in royalties for the remainder of the 60-year lease term.