Adam is a Member in Stoll Keenon Ogden’s Louisville office and has been with the firm since 2001. He serves as Chair of the Environmental Litigation practice and focuses primarily on complex cases involving clients from the energy and commercial sectors. He is also part of the Business Litigation, Banking Litigation, Health Care, and Bankruptcy & Financial Restructuring practice groups.
Within the realm of environmental litigation, a highlight of Adam’s success is his role as lead counsel for a client in a cost allocation case centered on one of the most environmentally complex sites in the U.S. This matter involved an arbitration hearing that included 35 days of trials over a four-month period.
As further testament to Adam’s strengths as a litigator, Adam was lead counsel in an appeal that vacated a multimillion-dollar verdict against his client. The published opinion, Insight Kentucky Partners II L.P. v. Preferred Automotive Services, Inc., was the first in Kentucky state courts to establish the standard for decisions on actions relating to aiding and abetting breach of fiduciary duty.
In other high-stakes cases, Adam obtained summary judgment enforcing guarantee agreements in excess of $100 million dollars, and he achieved significant settlements in National Association of Securities Dealers (NASD) arbitrations, insurance coverage disputes and breach of contract claims.
Early in his career, Adam gained substantial experience in criminal law and handled felony jury trials on matters ranging from white-collar crimes to murder charges. Most of the court rulings were acquittals on all charges or a conviction of lesser offenses.
For his numerous accomplishments, Adam has earned professional recognitions on a local and national level. He has shared his expertise in the field of environmental law in several news and legal publications, including Business First, Bench and Bar magazine and the Louisville Bar Association’s Bar Briefs.
Adam is AV® Preeminent ™ Peer Review Rated by Martindale-Hubbell® and has also been recognized as a Kentucky Super Lawyer for several years. Recently he was listed in Louisville Magazine as one of the best environmental lawyers.
Environmental Litigation: Adam’s extensive background touches on all aspects of environmental law, from legal and regulatory matters to large-scale lawsuits. For a high-profile site in downtown Louisville, he challenged the claim that the property was in violation of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), achieving a dismissal.
He has also defended clients in various citizen suits under the Clean Air Act, Clean Water Act and the Resource Conservation and Recovery Act, and was able to secure the dismissal of those lawsuits on various grounds before discovery. This includes a class action against the Louisville/Jefferson County Metropolitan Sewer District that involved claims arising out of flood damage.
Business Litigation: Working with clients in Kentucky and surrounding states, Adam helps resolve disputes over business torts, contracts, lender liability, LLC agreements, accountant liability, white-collar criminal defense and insurance coverage.
Banking Litigation: Adam advises businesses and professionals faced with securities infractions, preference and fraudulent conveyance claims, and valuation disputes, among other issues.
Health Care: Concentrating mainly on litigation, Adam represents hospitals, physicians and physicians groups, assisted-living facilities and other service providers in antitrust matters, insurance coverage disputes, breach of contract claims and a range of other concerns.
Bankruptcy & Financial Restructuring: Adam provides representation to all types of constituencies in insolvency situations, from lender liability litigation to conflicts over securitized loans.
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...