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Douglas F. Brent

Douglas F. Brent

Counsel to the Firm
Direct Phone: 502.568.5734
Direct Fax: 502.562.0934
Office Location
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Douglas F. Brent


Doug is an experienced regulatory lawyer who co-chairs the Privacy & Information Security practice.  Doug's focus includes telecommunications industry litigation and representation of competitive wireline, wireless, cable and information service providers in regulatory and legislative matters, including tariff, tax recovery and TCPA compliance. He has also represented industrial customers in disputes with energy and communications providers, including the discovery and recovery of tariff overcharges.  He is a frequent speaker on information privacy topics, including cybersecurity regulation and critical infrastructure protection.

His telecommunications law experience includes practice before the FCC and numerous state commissions before and after the passage of the 1996 Telecommunications Act. He was in-house counsel to a global telecommunications carrier before joining the firm. He began his career as an attorney for the Kentucky Public Service Commission.

Doug is AV Preeminent® Peer Review Rated™ by Martindale-Hubbell®, listed in The Best Lawyers in America® and recognized as a Top Lawyer by Louisville Magazine. A member of the Kentucky Bar Association and the Federal Communications Bar Association, he is a member of the International Association of Privacy Professionals (IAPP) with the CIPP/US certification.  Doug serves as President of InfraGard Kentucky Members Alliance.  InfraGard is a two-way information sharing exchange between the FBI and members of the public and private sector focused on protecting critical infrastructure of the United States.  Doug has also served as a Trustee for the Olmsted Parks Conservancy. In his free time, Doug enjoys cycling and photography.

Work Highlights

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).

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Related Industries: Public Utility, Information
Related Practices: Utility & Energy

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).

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Related Industries: Public Utility, Information
Related Practices: Utility & Energy

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. We 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. We 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).
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Class Action, Telecommunications and Consumer Protection

SKO acted as counsel for a 175,000-member plaintiff class in U.S. District Court to challenge sales tax collection on broadband Internet access services provided by incumbent local exchange carrier. The Court approved settlement agreement in August 2007 that provided class members full refunds of overpayments plus interest, totaling $8.2 million. Clark v. BellSouth Telecommunications, Inc., 461 F.Supp.2d 541 (W.D. Ky. 2006).
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Co-counsel in successful challenge of FCC interim payphone compensation plan that discriminated against long distance carriers in favor of incumbent local phone companies.

Illinois Public Telecommunications Ass'n v. F.C.C., 117 F.3d 555 (D.C. Cir. 1997)

Co-counsel for competitive carrier in successful U.S. District Court defense of state commission arbitration order requiring unbundling of DSL transport from voice service.

BellSouth v. Cinergy Communications, 297 F. Supp. 2d 946 (E.D.Ky. 2003), appeal dismissed as moot by 6th Circuit.

Co-counsel for wireless providers in state arbitration with rural incumbents including review by district court.

T-Mobile USA, Inc. v. Armstrong, 2009 WL 1424044 (E.D. Ky. 2009)

Plaintiffs' counsel for injured customers in 2006 federal court action against private investigators for "pretexting" of wireless carrier call records in violation of Stored Communications Act. Default judgment for plaintiffs.

Counsel to national interactive computer services provider in successful state court defense of defamation claim.

Counsel to various competitive carriers in state PSC proceedings and intercarrier disputes related to interconnection, co-location, access to utility poles, reciprocal compensation, and access charges.

Legislative affairs experience including committee testimony on broadband and local competition policy and representation of competitive voice service providers on state competitive telecommunications policy issues.

Defense counsel to national telecommunications carrier in facilities-relocation dispute related to local communications franchise.

Professional & Civic Activities

Federal Communications Bar Association

Kentucky Bar Association

Kentucky Bicycle and Bikeways Commission, commissioner

InfraGard Kentucky Members Alliance, president


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

Best Lawyers® “Lawyer of the Year,” Louisville, Communications Law, 2017, 2015

Listed in Best Lawyers in America®, Communications Law

Louisville Magazine Top Lawyer, Information Technology Law and Privacy/Information Law, 2014


Oct. 2016

“Copyright claims related to use of broadband-enabled services-Issues for cable operators,” Kentucky Cable Telecommunications Association

Jun. 2014

“Current Issues in Information Privacy Law," Louisville Bar Association Seminar

Aug. 2014

“Privacy and Cybersecurity Issues for Utilities,” Kentucky Rural Water Association Annual Conference


Aug. 30, 2016 Best Lawyers in America Chooses 61 SKO Attorneys for 2017 Publication
Aug. 29, 2016 Twelve SKO Attorneys Named 2017 Lawyer of the Year by Best Lawyers®
July 29, 2016 Cybersecurity Risks in the Supply Chain Federal Energy Regulatory Commission Adopts Rules to Promote Reliability of Electric Power Industry
Mar. 11, 2016 “Are You at Your Desk?” The Simple Swindle that’s Harming Companies During Tax Season
Mar. 2, 2016 30 SKO Attorneys Named “Top Lawyer” by Louisville Magazine
Nov. 11, 2015 Golden Keys and Stingrays: A KnowledgeNet Panel Discussion on Electronic Privacy and Mobile Devices – November 18 at Greater Louisville, Inc.
Sep. 29, 2015 Cybersecurity Alert: It’s Déjà vu All Over Again
Sep. 9, 2015 Cybersecurity Alert: Businesses Victimized by a Cyber Attack May Have to Answer to Federal Regulators
Sep. 8, 2015 Court Rules Employers Liable for Poor Cybersecurity
Aug. 17, 2015 SKO Attorneys Recognized by Best Lawyers in America® 2016
Aug. 12, 2015 Show Us Your Cards: No Privacy Interest in Credit Card’s Magnetic Stripe
Aug. 10, 2015 Watch Your Pocket: You May Have Dialed Away Your Privacy
July 9, 2015 Even an “Animal House” is a Home under the Fourth Amendment: Milam v. Commonwealth Confirms Privacy Protection for Chapter Houses
June 17, 2015 Wireless Privacy Update: One court rethinks what type of location data law enforcement may obtain without a warrant
June 15, 2015 When Can You Send an Unsolicited Business Fax without Violating a Federal Privacy Law?
June 8, 2015 Standards Agency Reminds Banks to Guard Against Theft and Devastation by Malware; Cybersecurity Assessment Tool Coming Soon
May 20, 2015 Aggressive Criminal Attacks Highlight Requirement for Banks to Update Security Measures for Online Banking
Mar. 18, 2015 Legislative Session Closes Without Action on Digital Estate Planning: Thoughts on Facebook’s Plan to Fill a Gap Between Privacy and Fiduciary Law
Mar. 3, 2015 Amid Skepticism about Privacy and Cybersecurity Claims, Hotel Industry Withdraws its Request for Permission to Block Guests’ Personal Wireless Networks
Mar. 2, 2015 Why the Promise of the “Industry-Standard” in Data Protection May Be a Bad Idea: Lessons from the LinkedIn Privacy Class Action Settlement
Jan. 14, 2015 2015 Legislation Watch–Kentucky and Seven Other States Introduce Uniform Fiduciary Access to Digital Assets Act
Dec. 12, 2014 Preserving and Protecting Our Digital Afterlives: Upcoming Event to Reveal the Tension between Privacy & Fiduciary Law
Dec. 2, 2014 The Latest Foreign Cyberattacks on American Industry: Four Things Kentucky Businesses Should Know
Nov. 24, 2014 What Happens to Your Digital Life When You Die?
Aug. 18, 2014 SKO Attorneys Named “Lawyer of the Year” by Best Lawyers®
Aug. 18, 2014 SKO Attorneys Recognized by Best Lawyers in America® 2015
Aug. 3, 2014 How Ride Sharing Services Could Reshape the Transportation Industry in Kentucky
July 3, 2014 Your Hard Drive is Not an Unlimited Time Machine for the IRS, says the Second Circuit
July 1, 2014 Privacy Alert: When must law enforcement get a warrant to use wireless location data against you?
June 23, 2014 Dirty Business: Why state law defamation claims fail against ISPs
June 12, 2014 Robo-Collectors Warned, Prepaid Customers Shielded: Two Federal Appeals Courts Address Personal Privacy Rights of Voice Service Customers
Mar. 25, 2014 33 SKO Attorneys Named “Top Lawyer” by Louisville Magazine
Jan. 22, 2014 Stoll Keenon Ogden Facilitates Discussion on Privacy & Information Security
Aug. 19, 2013 SKO Attorneys Recognized by Best Lawyers in America® 2014
Sep. 7, 2012 61 SKO Attorneys Recognized by Best Lawyers in America® 2013
Sep. 6, 2011 53 SKO Attorneys Recognized by Best Lawyers in America® 2012
Nov. 9, 2010 SKO Attorney Recognized for Outstanding Service to the Community
Aug. 6, 2010 53 SKO Attorneys Recognized by Best Lawyers in America® 2011


July 21, 2017 Breaking Spokeo’s Concrete Block to Stop Nuisance Callers: An Update on Privacy Lawsuits against Telemarketers
June 12, 2017 Your Vanishing Location Privacy: Why the Supreme Court is Giving Wireless Networks a Look
May 30, 2017 Did you forget to register your drone? We have important news for you.
May 18, 2017 U.S. Supreme Court Rules Federal Arbitration Act Preempts Right to Jury Trial
Mar. 14, 2017 FCC Waives Telephone Privacy Rule in Response to Threats Against Jewish Community Centers
Jan. 27, 2017 Unimpressed with Implausible and Trivial Risks, another Appeals Court Rejects Privacy Class Action against a Cable Television Provider
Jan. 5, 2017 In 2017, Resolve to Protect Your Privacy and Property Online
Dec. 12, 2016 Strengthening the Clay Feet of Cybersecurity
Sep. 9, 2016 No Harm, No Foul – Why Abstract Privacy Claims against Cable Providers Will Fail
Aug. 3, 2016 The Wicked Way Ransomware Can Get You in Regulatory Hot Water
June 1, 2016 Stopping Opportunistic Telecommunications Privacy Claims with Help from the Supreme Court
May 17, 2016 Did Justice Alito Really Drop a Concrete Block on Fair Credit Reporting Act Misinformation Claims?
Jan. 29, 2016 Why Are You Still Swiping in 2016? Demystifying Chip-Enabled Payment Cards
Aug. 13, 2015 Hear Ye! The Court May Be in Session for Cyber Breach Claims Against Victimized Retailers
June 4, 2014 No Punishment for This Good Deed: Sixth Circuit says Preventing Identity Theft is a Legitimate Business Need that Justified a Good Faith Request for a Consumer’s Credit Report
Apr. 16, 2014 Kentucky’s new cyber security statutes will change how you do business
Mar. 25, 2014 Issuer Banks v. Merchants: Who Will Win the Credit Card Fraud Battle?