Adam is a Member in Stoll Keenon Ogden's Louisville office and has been with the firm since 2001. He is a member of the Business Litigation practice and serves as chair of the Environmental Litigation practice. Adam is also a member of the Banking Litigation, Healthcare and Bankruptcy & Financial Restructuring practices. His practice focuses on commercial litigation, environmental law and health law. He also has substantial experience with criminal law.
Adam 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 commercial disputes, including contract disputes, lender liability, accountant liability, health law, white collar criminal defense, securities, insurance coverage disputes, bankruptcy, preference and fraudulent conveyance claims and valuation disputes. He has obtained a 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, Adam has represented various clients in litigation involving RCRA and CERCLA. He has prosecuted and defended complex environmental litigation involving contract indemnity claims. Adam 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. Adam has defended industry clients against Notices of Violations and citizen suit claims and advised clients on insurance coverage issues.
Recently, Adam has advised clients in a major Superfund investigation, and represented the University of Louisville concerning environmental contract disputes related to Papa John’s Cardinal Stadium. He also successfully worked to amend portions of the recent Kentucky law concerning physician owned pain practices and prescribing standards. Beginning early in his career Adam 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 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).
Originally presented with a foreclosure case by our bank client, the matter became further complicated when the location in question was declared a Superfund Site by the U.S. EPA. SKO negotiated a resolution that involved an acquisition under Kentucky’s brownfields regulations, protecting the bank against liability for historic contamination. The firm’s attorneys also successfully acquired the property for a subsidiary while dealing with substantial tax liens and negotiated a plan for cleanup, which proved satisfactory to state and federal regulators. Subsequently, SKO also successfully resolved lender liability claims that threatened to delay the transfer of the property and the commencement of cleanup activities. The case was settled favorably in March 2018.
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 them. SKO obtained a summary judgment on behalf of its clients and defeated nonprofit’s motion for a stay of the judgment pending appeal. SKO also established that the nonprofit destroyed records, computer hard drives and backup servers during the pendency of the litigation. The Fayette Circuit Court held the nonprofit in contempt and ordered it to pay SKO’s fees. The nonprofit sought relief in the Kentucky Court of Appeals. Following the conclusion of the briefing by both parties, the nonprofit agreed to dismiss its appeals and to comply with the judgments entered in the Fayette Circuit Court action. This was a case of first impression in Kentucky. The Court held that, under Kentucky law, all Kentucky nonprofit corporations must allow their members to inspect and copy all of the corporation’s books and records.
Successfully prosecuted a breach of contract claim under the indemnity provisions of a purchase and sale agreement.
Advised client in negotiations with Potentially Responsible Parties, EPA and Kentucky state regulatory authorities in major Superfund investigation.
Obtained dismissal of a RCRA Citizen Suit under the Burford Abstention doctrine by arguing that existing state administrative proceedings covered the same issues
Successfully resolved a contribution claim against alleged Potentially Responsible Party arising out of the remediation of a former scrap processing facility.
Successfully resolved EPA cost recovery claim against multiple Potentially Responsible Parties arising out of the EPA’s cleanup of a waste oil facility.
Represented a university and its athletic association in environmental litigation against CSX related to environmental costs incurred in building and expanding the university's stadium.