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Douglas C. Ballantine

Member, Louisville

Doug has been with the firm since 1990. He is a member of the Business Litigation practice and serves as chair of the Business Torts practice. Doug also is a member of the Class Action, Intellectual Property, Securities Litigation, Tort, Trial & Insurance Services, Mineral & Environmental Law, Business Services and Construction Law practices. He represents clients in commercial and intellectual property litigation and defends product liability and personal injury cases.

Upon graduation from Indiana University School of Law (Bloomington), Doug served two years as a law clerk for the Honorable David V. O'Brien, Chief Judge of the U.S. District Court of the Virgin Islands.

Doug is a Fellow of the Litigation Counsel of America and currently serves as vice president of the Kentucky Bar Association. In 2017, he will serve as president-elect of the KBA and as president in 2018. Before his election as vice president, Doug served six years on the Board of Governors and was active on the Ethics Committee, Finance Committee, Professionalism Committee and Continuing Legal Education Commission.

Doug also is a member of the Louisville Bar Association and American Bar Association, Defense Research Institute, Kentucky Defense Counsel and American Intellectual Property Law Association. He is a member of the Sixth Circuit Judicial Conference Planning Committee and a past member of the Sixth Circuit Advisory Committee on Rules.

Doug currently serves on the Speed Art Museum Board of Governors and previously served on the boards of directors for Blackacre Conservancy, Legal Aid Society and Focus Louisville Alumni Group.

He is AV Preeminent® Peer Review Rated™ by Martindale-Hubbell®, is listed in The Best Lawyers in America®, recognized by Chambers USA, is honored as a Top 50 Kentucky Super Lawyer and recognized by Benchmark Litigation as a Local Litigation Star.

Education
Indiana University
1988, J.D.
American University
1984, B.A.
Admissions
Kentucky
Kentucky Court of Appeals
Kentucky Supreme Court
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Sixth Circuit
U.S. District Court, Eastern District of Kentucky
U.S. District Court, U.S. Virgin Islands
U.S. District Court, Western District of Kentucky
United States Supreme Court

Recognition

  • AV Preeminent® Peer Review Rated™ by Martindale-Hubbell®
  • Fellow, Litigation Counsel of America
  • Benchmark Litigation, Local Litigation Star, Environmental; General Commercial; Insurance; Intellectual Property, 2013-2017
  • Listed in Best Lawyers in America©, Commercial Litigation, Intellectual Property Litigation
  • Chambers USA, Leading Lawyer for Business, Litigation: General Commercial, Litigation: Tort & Insurance Defense, 2014-2017
  • Top 50 Kentucky Super Lawyer, Business Litigation
  • Louisville Magazine Top Lawyer, Copyright/Trademark Law; Personal Injury Law: Defense, 2012; Copyright/Trademark Law and General Litigation, 2013 and 2014
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Affiliations

  • American Bar Association, member
  • Kentucky Bar Association: Vice President, 2016-present; Board of Governors, 2008-2016; Ethics Committee member, 1996-2008; Continuing Education Commission chair, 2002-2007; Finance Committee member, 2003-2007; Professionalism Committee member, 1993-1995
  • Louisville Bar Association: member, 1990-present; Litigation Section chair, 1999; Intellectual Property Section member, 2000-present
  • Sixth Circuit Life Member Planning Committee, member
  • Sixth Circuit Conference Planning Committee, member
  • Defense Research Institute, member
  • Kentucky Defense Counsel, member
  • American Intellectual Property Law Association, member
  • Speed Art Museum, Board of Governors
  • Previous Service
  • Blackacre Conservancy, former board member
  • Focus Louisville Alumni Group, former board member
  • Kentucky Supreme Court Civil Rules Committee, former member
  • Legal Aid Society, former board member
  • United States Court of Appeals for the Sixth Circuit, Advisory Committee on Local Rules, former member
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Work Highlights

Defending a Shareholder Derivative Action

When a single, dissident shareholder 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.

Nuisance Claims

The firm represented several land owners being sued by neighboring property owners both individually and as a class for an alleged nuisance related to odors emanating from hog barns. The plaintiffs claimed that the odors unreasonably interfered with their enjoyment of property. The case was before the United States District Court for the Western District of Kentucky where it ultimately settled just before trial. Powell v. Tosh, No. 5:09-CV-00121-TBR-DW (W.D. Ky.).

Claims Against Cemetery for Improper Practices

SKO represents a putative class of individuals with relatives buried in a cemetery, asserting claims against numerous former and current owners of the cemetery for improper burial practices. The case is currently pending in the U.S. District Court for the Southern District of Indiana.
Related Practices: Class Action, Business Litigation
News Seminars
"Bad Lawyers in the Movies," Panelist, Kentucky Bar Association Annual Convention, Covington, KentuckyJun. 2002
"Discovery of Trade Secrets, Employment Records, Financial Information, Electronic Media and Attorney-Client Communications in Kentucky," Kentucky Academy of Trial Attorneys, Louisville, KentuckyMay 22, 2001
"Measures for Secrecy - Discovering and Protecting Trade Secrets," Louisville Bar Association, Intellectual Property Section, Louisville, KentuckyFeb. 21, 2001
"Protecting Against Medical Malpractice Claims," Jefferson County Medical Society, Louisville, KentuckyApr. 19, 2001
"Discovery of Confidential Business Records in Kentucky," Lorman Education Services, Louisville, KentuckyOct.4, 2000
"Protecting Against Accounting Malpractice Claims," Indiana University Southeast, New Albany, IndianaSpring 2000