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C. Kent Hatfield

Member , Louisville KY

502.568.5745

C. Kent Hatfield

Member , Louisville KY

Kent is a member of the Utility & Energy practice as well as the Business Litigation practice with a focus on Antitrust & Trade Regulation, Franchising, Business Torts, and Corporate Law at Stoll Keenon Ogden.  His corporate practice involves counseling on a wide variety of corporate transactions, including financing, mergers and acquisitions, restructurings, private equity transactions, corporate valuations, and shareholder disputes.  He has extensive experience negotiating utility service agreements, procurement contracts for large industrial manufacturing companies, and electric generating plant agreements. Kent is Corporate Secretary to a large manufacturing joint venture and serves as principal outside counsel to a number of businesses, having guided many businesses through organization and start-up into periods of growth and maturity.

As a trial attorney in the U.S. Department of Justice Antitrust Division, Kent gained extensive experience investigating and prosecuting antitrust cases in regulated industries.  A frequent theme of his practice is the interplay between law and economics in the energy, telecommunications, utility, aluminum, and construction industries.  He appears before federal and state courts and agencies, including the Federal Energy Regulatory Commission and the Kentucky Public Service Commission, in matters involving economic and utility regulation and rates.  He has successfully handled numerous Sherman Act and Robinson-Patman Act cases and has unique experience in corporate and governance issues for joint ventures.  Kent completed specialized litigation training at the National Institute for Trial Advocacy.

Kent is AV Preeminent® Peer Review Rated™ by Martindale-Hubbell® and has been listed for many years in Best Lawyers in America® (Administrative Law, Communications Law and Energy Law), in “Chambers USA” (Environment, Natural Resources and Regulated Industries) and is recognized as a Kentucky Super Lawyer (Utilities).

He is a member of the Kentucky, Louisville, and American Bar associations, as well as the Energy Bar Association and the Energy & Mineral Law Foundation.

Education

University of Kentucky College of Law, 1973, J.D., High Distinction

University of Kentucky, 1970, B.S.

Experience

Admitted In

  • U.S. Court of Appeals, District of Columbia Circuit

  • U.S. Court of Appeals, Sixth Circuit

  • U.S. District Court, Eastern District of Kentucky

  • U.S. District Court, Southern District of Indiana

  • U.S. District Court, Western District of Kentucky

  • Kentucky

Professional & Community Activities

  • Kentucky Bar Association

  • Louisville Bar Association

  • American Bar Association

  • Energy Bar Association

  • Energy & Mineral Law Foundation

  • Christian Alliance for Orphans, Founding Director

  • Bob Russell Ministries, Inc, Founding Director

  • Logan Aluminum Inc., Corporate Secretary

Accolades

  • AV Preeminent® Peer Review Rated™ by Martindale-Hubbell®

  • Best Lawyers® 2013 Administrative / Regulatory Law “Lawyer of the Year” in Louisville

  • The Best Lawyers in America®, Energy Law, 1995 – present

  • The Best Lawyers in America®, Administrative / Regulatory Law, Communications Law, 2007 – present

  • The Best Lawyers in America®, Business Organizations (including LLCs and Partnerships), 2013 – present

  • Kentucky Super Lawyers® Honoree, 2007-2011; 2015-2019

  • Louisville Magazine Top Lawyer, Administrative Law, Antitrust Law, Corporate Law, 2012-2014; Administrative Law and Antitrust & Trade Regulation Law, 2016

  • Chambers USA, Leading Lawyer for Business, Utilities, 2015-2017

  • Order of the Coif

Work Highlights

  • Antitrust, Corporate Governance and Major Contract Counseling

    Serve as antitrust counsel and corporate secretary to major manufacturing joint venture of two competing companies. Involves antitrust compliance, governance matters, and negotiation and drafting of major contracts for construction and general procurement.

  • Utility Contracting and Joint Ventures

    Represent utilities and large purchasers of electric power and natural gas in negotiation of contract for purchase and sale of energy and energy services. Includes traditional utility tariff relationships, as well as special contracts for solar renewable energy. Negotiation of significant electric generation joint venture agreements.

  • Franchising

    Represent independent franchisees in financing, franchisor relationships, contracting, construction, leasing and related matters.

  • Federal Energy Regulatory Commission (FERC) Cases

    Successfully handled major litigated rate case before FERC on behalf of utility purchaser of wholesale distribution service. Case established new ratemaking methodology through extensive hearing and resulted in substantial refunds and lower purchase rates for SKO client.

    Midwest Independent Transmission System Operator, Inc. and Ameren Illinois Company, 148 FERC ¶ 61,206, Opinion 534 (2014)

  • Equity Offerings and Corporate Governance

    Currently represent a software services company that provides a suite of management and IT solutions for financial institutions, designed to improve efficiency and compliance with federal regulations in connection with seed round and subsequent financings involving a large private equity funds.

  • Recapitalization and Restructuring of Financial Services Compliance Firm

    Represented financial services compliance firm in all aspects of recapitalization and sale of multiple series of securities to private equity firm and other stockholders.

  • Sale of Financial Services Technology Business to Private Equity Firm

    Represented sellers in negotiating and closing the sale of major high technology, financial services business. Included confidentiality and non-disclosure agreements, review of competing proposals by prospective purchasers; due diligence; negotiation and closing of all purchase agreements with well-known private equity firm buyer.

  • Class Action, Telecommunications, Public Utility, Taxation & Consumer Protection

    SKO represented a class of more than 450,000 members in U.S. District Court challenge to overcharges/tariff violations by regulated telecommunications carrier. SKO obtained summary judgment on federal overcharge claims for class members and protected class certification by defeating an interlocutory appeal to the U.S. Sixth Circuit Court of Appeals. SKO also prevailed for class members in a collateral state utility commission proceeding on issues referred by the District Court. Settlement approved by District Court in November 2013 included cash refunds to all class members. Bowers v. Windstream Ky. East, LLC, 2013 U.S. Dist. LEXIS 157242 (W.D. Ky. 2013).

  • Antitrust, Robinson-Patman Act

    Successfully defended manufacturer of lawn and garden equipment against Robinson-Patman Act claims in distribution before Sixth Circuit and District Court. New Albany Tractor, Inc. v. Louisville Tractor, Inc., 650 F. 3d 1046 (2011); New Albany Tractor, Inc., v. Louisville Tractor, Inc., 2010 U.S. Dist. LEXIS 352, (U.S.D.C. W.D. Ky. 2010).

  • Federal and State Regulation, Telecommunications

    Obtained favorable ruling in interconnection dispute between major telecommunication carriers, prevailing before Sixth Circuit, District Court, and Kentucky Public Service Commission. BellSouth Telecomms., Inc. v. Goss, 142 Fed. Appx. 886 (6th Cir. 2005).

  • Antitrust, Telecommunications

    Successfully defended telecommunications carrier in Sixth Circuit and District Court against antitrust and related claims in suit brought by prison inmates. Daleure v. Kentucky, 269 F. 3d 540 (6th Cir. 2001); Daleure v. Kentucky, 119 F. Supp. 2d 683 (U.S.D.C W.D. Ky. 2000).

  • Antitrust, Constitutionality of State Law

    Kendrick brought action on behalf of a major grocery chain claiming Sherman Act and Kentucky Constitution violations by a state agency in Kentucky Milk Mktng. & Antimonopoly Comm’n. v. Kroger Co., 691 S.W.2d 893 (Ky. 1985). The result invalidated state statutes regulating milk marketing.

  • Injunctive Relief, State Insurance Regulation

    Obtained injunctive relief for major retailer of vision care products against major insurer of vision care for violation of state “any willing provider” law. Dr. Mark Lynn & Assocs., PLLC v. Vision Service Plan Ins. Co., 2005 U.S. Dist. LEXIS 24820 (U.S.D.C. W.D. Ky. 2005).

  • Sale of Natural Gas Production Interests

    Represented sellers of significant natural gas production interests in series of large transactions with strategic buyers. Included negotiation with multiple prospective purchasers, NDAs, due diligence, regulatory issues, negotiation and closing of all purchase-related agreements.

  • Competing Venture by an LLC Member

    When a minority member of an LLC organized a competing venture, SKO brought suit and obtained injunctive relief on behalf of our client based upon minority member’s breach of his statutory duty of loyalty. After a two-week jury trial, obtained favorable settlement for client.

  • LLC Member’s “Salary”

    When a terminated member argued that he was still entitled to his “salary,” SKO prevailed in the lawsuit, demonstrating that the “salary” was a distribution and that under state law the LLC was prohibited from making a distribution under existing circumstances.

Contact Kent Today

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