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Monica Braun

Member, Lexington

Monica is a Member in Stoll Keenon Ogden's Lexington office and has been with the firm since 2009. She is a member of the Business Litigation practice with a focus on Intellectual Property Litigation, Business Torts, and Class Actions, as well as the Utility and Energy Practice. Monica’s litigation practice ranges from representing Fortune 500 companies to small, locally-owned businesses.  She has experience in state and federal courts, and has had the rare honor of practicing before the United States Supreme Court in a case that determined who can bring claims under the Lanham Act, a federal trademark statute.  In addition to intellectual property litigation, Monica has experience with breach of contract matters, antitrust issues, construction disputes, liens, banking litigation, eminent domain, constitutional law, and bond disputes.

As part of her Utility and Energy practice, Monica has represented investor-owned electric, water, and gas utilities in complex regulatory proceedings before the Kentucky Public Service Commission and Tennessee Regulatory Authority.  Monica has extensive experience with rate proceedings and certificate of public convenience and necessity matters.

Monica is recognized as a “Leading Lawyer for Business” by Chambers USA in the area of Utilities Law, and as a Kentucky Super Lawyers Rising Star in the area of Energy & Resources.  Additionally, she is a member of Benchmark Litigation’s “Under 40 Hot List.”

Monica is a member of the Fayette County and Kentucky Bar associations, in addition to being a member of the Fayette County Women Lawyers Association. She is a member of the Executive Leadership Team for the Greater Bluegrass March of Dimes and enjoys spending time with her husband, Lucas, and her twins, Harrison and Claire.

Education
University of Kentucky College of Law
2009, J.D.
University of Kentucky
2006, B.A.
Admissions
U.S. District Court, Eastern District of Kentucky
U.S. District Court, Western District of Kentucky
United States Supreme Court
United States Tax Court

Recognition

  • Benchmark Litigation,  Top Litigator Under 40, 2016-2017
  • Chambers USA, Leading Lawyer for Business, Utilities, 2014-2017
  • Kentucky Super Lawyers Rising Star, Energy & Resources
  • CALI Awards in Intellectual Property, Healthcare Organizations & Finance, Conflicts of Laws
  • Kentucky Law Journal Outstanding Third Year Staff Member
  • Luke Woodward Award for Excellence in Appellate Advocacy
  • Marshall Club Best Brief, Best Oral Argument, Best Overall Advocate awards
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Affiliations

  • Kentucky Bar Association
  • Fayette County Bar Association
  • FCBA Women Lawyers Association
  • American Bar Association
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Work Highlights

Patent Infringement, False Advertisement & Antitrust

Lexmark International, Inc. v. Impression Products, et al., Case No. 10-564-MRB (S.D. of Ohio)

SKO, along with Sidley Austin LLP and Banner & Witcoff, represented Lexmark in a closely-watched patent case at the Federal Circuit Court of Appeals. In a dispute brought by Lexmark over remanufactured printer cartridges, the Federal Circuit held in Lexmark’s favor on domestic and international patent exhaustion issues.  The case is now pending before the United States Supreme Court and will be argued on March 21, 2017.

Shareholder Class Action

Margie Elstein v. Lexmark International, Inc., et al., Civil Action No. 16-CI-02380 (Fayette Circuit Court)

SKO represented Lexmark in successfully dismissing a proposed class action lawsuit filed by a shareholder claiming Lexmark’s merger agreement with a consortium of investors was unfair to shareholders. The lawsuit was filed less than a month before Lexmark’s scheduled shareholder vote.  After the lawsuit was filed, the plaintiff sought a temporary injunction enjoining the shareholder vote.  Steven argued that the case should be dismissed because Lexmark’s bylaws require the case be heard in the Delaware Chancery Courts.  A mere three days before the scheduled shareholder vote, the Court dismissed the lawsuit and the shareholder vote occurred as scheduled.

Related Practices: Class Action, Business Litigation

Constitutional Law

Jerry Jamgotchian v. Kentucky Horse Racing Commission, et al., Civil Action No. 11-CI-01047 (Franklin Circuit Court)

SKO represented the Kentucky Horse Racing Commission in a dormant commerce clause challenge filed against it by a thoroughbred owner regarding an industry-standard regulation pertaining to the purchase of horses in claiming races. SKO obtained summary judgment upholding the constitutionality of the regulation, which was affirmed on appeal by the Kentucky Court of Appeals.  The Kentucky Supreme Court accepted discretionary review.  Following briefing, Steven argued the case before the Kentucky Supreme Court.  In May 2016, the Kentucky Supreme Court affirmed the Kentucky Court of Appeals in the Commission’s favor in a unanimous published opinion.

Protecting Corporation’s Control of Assets from Shareholder Interference

Paul R. Plante, Jr. v. Frank D. Marcum, et al., Civil Action No. 12-CI-0040 (Fayette Circuit Court)

When minority shareholders in a closely-held corporation caused a bank to file an interpleader action regarding control of the corporation’s funds, SKO represented the corporation, and over the objection of the minority shareholders, ensured that the corporation controlled its funds, allowing the business to continue to operate.  

Patent Infringement, False Advertisement & Antitrust

Static Control Components, Inc., et al. v. Lexmark International, Inc., et al., Case No. 04-84-GFVT (Consolidated with Action No. 02-571) (E.D. Ky) (multiple published decisions)

This multi-party, complex litigation involved Lexmark, a major provider of printing and imaging products and services. Lexmark asserted claims for, among other things, patent infringement and inducement to commit patent infringement. The lead opposing party, Static Control Components, asserted claims against Lexmark for, among other things, antitrust violations under the Sherman Act and Clayton Act and false advertising claims under the Lanham Act. Lexmark obtained dismissal of the Sherman Act and Clayton Act antitrust claims and a favorable ruling upholding Lexmark’s single-use restriction on its printer cartridges under the Uniform Commercial Code. On June 3, 2013 the United States Supreme Court granted Lexmark’s petition for writ of certiorari to resolve a circuit split on the proper test for standing to assert Lanham Act false advertising claims.  Steven argued the case in front of the Supreme Court on December 3, 2013.

Breach of Fiduciary Duty Claim

SKO represented a client in a federal action in California involving claims of fraud and civil conspiracy in connection with a multi-million dollar equine transaction.  SKO obtained a Rule 12 dismissal of the claims against its client, but the Court granted leave to amend.  After amendment of the claims by the Plaintiff, SKO was successful in obtaining another dismissal, with prejudice.