Adam is a member of the Business Litigation practice and serves as chair of the Environmental Litigation practice group. His practice focuses on complex commercial litigation, environmental litigation and environmental law. He is also a member of the Banking Litigation, Healthcare and Bankruptcy & Financial Restructuring practices, and Mr. Goebel has substantial experience with criminal law.
Mr. Goebel is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®. He has been named a Kentucky Super Lawyer and recognized by Louisville Magazine as a Leading Environmental lawyer. His practice has covered a wide range of complex commercial disputes, including cost allocation litigation involving one of the most environmentally complex sites in the country, business tort litigation, CERLCA litigation, Citizen Suit litigation, contract disputes, lender liability, LLC disputes, accountant liability, health law, white collar criminal defense, securities, insurance coverage disputes, bankruptcy, preference and fraudulent conveyance claims and valuation disputes.
Recently, with respect to his commercial litigation practice, Mr. Goebel was lead counsel in an appeal that vacated entirely a multimillion dollar verdict against his client for aiding and abetting the breach of fiduciary duty. Not only was the verdict vacated in a published opinion, Insight Kentucky Partners II L.P. v. Preferred Automotive Services, Inc., the opinion was the first Kentucky state court opinion that established the standard for aiding and abetting the breach of fiduciary duty. In addition, Mr. Goebel has tried to verdict lender liability claims against a bank, achieving a unanimous verdict for the client. Mr. Goebel was also one of the lead attorneys with respect to a major forensic investigation into funds management by the foundation of a major university. In other matters, Mr. Goebel has obtained Summary Judgment enforcing guarantee agreements in excess of $100 million dollars and has achieved significant settlements in NASD arbitrations, insurance coverage disputes and breach of contract actions.
With respect to his environmental practice, Mr. Goebel has extensive experience representing clients in all aspects of environmental law, from legal and regulatory environmental matters to complex, large scale environmental litigation. Mr. Goebel was lead counsel for a client in highly complex cost allocation litigation involving one of the most environmentally complicated sites in the country. This matter involved an arbitration hearing that spanned 35 trial days over a four month period. Mr. Goebel has also successfully litigated federal CERCLA litigation involving a high profile site in downtown Louisville. The resolution not only resulted in a dismissal of all claims against Mr. Goebel’s client, Mr. Goebel also conceived and brokered an agreement that facilitated the remediation of the site, which had been abandoned and unaddressed for over a decade. Mr. Goebel has defended numerous citizen suits against various clients under the Clean Air Act, Clean Water Act and the Resource Conservation and Recovery Act, and has achieved the dismissal of those lawsuits on various grounds before discovery. He also recently achieved the dismissal of class action litigation against the Louisville/Jefferson County Metropolitan Sewer District that involved claims arising out of flood damage.
Mr. Goebel is also a leading authority on Kentucky’s Brownfield Program. He presents on the topic, and he has successfully advised clients in numerous transactions involving the transfer of contaminated property. Mr. Goebel has coordinated investigations of complex contaminated sites subject to state and federal oversight, counseled clients on environmental permitting and litigated challenges to permits before Kentucky’s Office of Administrative Proceedings. He has represented clients in the negotiation of Administrative Settlement Agreements and successfully asserted the Bona Fide Prospector Purchaser defense on behalf of clients which resulted in the regulatory agency requiring no additional actions at a site.
Beginning early in his career Mr. Goebel handled numerous felony jury trials, from white collar crimes to murder charges, and received acquittals on all charges or a conviction of lesser offenses in nearly all cases.
Adam has authored or co-authored articles related to Brownfields, Environmental Audits, Environmental Insurance and EPA Policy, which have been published in Business First, Bench and Bar Magazine and the Louisville Bar Association publication, Bar Briefs.
Louisville Industrial Park, LLC v. ExxonMobil Oil Corporation, et al., Case No. 3:14-CV-278-CRS (W.D. Ky., 2017). See also, FCBKy Holding, LLC v. Louisville Industrial Park, LLC, et al., Case No. 13-CI-402829 (Jefferson Circuit Court, 2013).
When a faction of an LLC purported to take control of its board notwithstanding the absence of a vote of the members, SKO represented a group of members in litigation insisting that the requirements of the operating agreement be satisfied.
SKO represented certain members of a Kentucky nonprofit equine corporation in litigation against the nonprofit. When “significant deficiencies” were identified in the nonprofit’s $2 million annual budget, the organization refused to produce accounting records to the members who requested...