Doug serves as chair of the Business Torts practice and the Finance Committee at Stoll Keenon Ogden, and he has been a Member of the firm since 1990. He also represents clients through several other practice groups at the firm, concentrating on litigation involving intellectual property rights, complex business and construction disputes, insurance disputes, product liability and personal injury claims.
Doug was the 2018-2019 president of the Kentucky Bar Association. He continues to serve on the KBA Executive Committee as the immediate past president. He serves as a Master in the Brandeis Inn of Court, is a member of the Sixth Circuit Life Member Committee, and is a member of the Board of Trustees of the Speed Museum. He is listed in the Best Lawyers in America®, recognized by Champers USA and is honored as a Kentucky Super Lawyer®. In 2018, he was honored by Business First as one of 20 People to Know in Law.
Business Torts and Commercial Litigation: Doug oversees a team of attorneys who represent clients by defending and prosecuting business torts claims, including shareholder and derivative actions, and claims for breach of contract and breach of fiduciary duty, bad faith, tortious interference with contractual relations, fraudulent misrepresentation and theft of trade secrets.
Intellectual Property: Doug represents clients in a broad range of intellectual property matters, including copyright and trademark infringement claims, theft of trade secrets, author’s and artist’s rights, trade dress, and unfair competition. Doug is part of a practice group that has a national reach in all facets of intellectual property cases, including patent, copyright, trademark, trade dress, trade secret and unfair competition.
Class Action: Doug represents both plaintiffs and defendants in class actions in state and federal courts. His class action experience includes defense of class action claims by residents allegedly injured by release of chemicals from derailed train cars, defense of claims by purported class of homeowners regarding alleged defects in home construction, prosecution claims regarding cemetery’s failure to bury deceased in agreed-upon plots and vaults, and defense of claims by residents claiming nuisance from hog farming operations
Securities Litigation: Doug has successfully represented clients on alleged insider trading cases, negotiating settlements with the Securities and Exchange Commission to the satisfaction of our clients.
Tort, Trial & Insurance Services: Doug represents corporate clients on product liability claims and virtually all varieties of tort and insurance litigation. His experience includes litigation involving catastrophic injuries including wrongful death, brain damage, severe burns, amputation and paralysis.
He has extensive experience in handling insurance coverage disputes, for insurers and for policyholders, including declaratory judgment actions in state and federal court, and related claims of bad faith, violation of the Kentucky Unfair Claims Settlement Practices Act and consumer protection statutes.
Construction Law: Doug has represented clients in numerous construction disputes, including claims of defective construction involving a multi-million dollar construction project in Canada, involving multiple lawsuits in multiple Canadian venues; alleged defective design and installation of HVAC and other systems; representing supplier of products for use in construction of multi-billion dollar federal nuclear fuel processing facility; defective roofing on commercial and residential properties; and defective site preparation involving plastic soils.
As lead counsel in a trade name and trade dress infringement action in federal court, Doug successfully established that his client’s unregistered trademarks were protected under the Lanham Act and, after a multi-witness injunction hearing, obtained a preliminary injunction against a competitor in the elder care industry requiring the Defendant to change its name, logo, and signage. See Trilogy Healthcare v. Camelot Leasing, LLC, Civil Action No. 3:18-cv-00307-RGJ, 2019 U.S. Dist. LEXIS 144653 (W.D. Ky. Mar. 22, 2019).
Lead counsel in defending claims in federal court against Kentucky Derby winning jockey regarding claims by agent for portion of yearly stud fee from the stallion, Unbridled’s Song. After briefing and argument, case was dismissed by District Court. On appeal by opposing party, after briefing and argument, U.S. Court of Appeals for 6th Circuit affirmed in all respects. Adika v. Smith, 466 F.3d 503 (6th Cir. 2006).
Lead counsel defending action by single, dissident shareholder who brought both derivative claims on behalf of the corporation and direct claims against certain directors. SKO successfully argued in litigation that the dissident shareholder had no standing to assert claims and lacked the ability to bring a derivative action for failure to satisfy the statutory requirements for doing so. The litigation continued to the enforcement of a stock buy-sell agreement, upon which our client was successful in both its enforcement and the valuation of the minority member’s shares. Conlon v. Haise, Case No. 2014-CA-001581-MR (Ky. Ct. App. 2016).