Commercial Real Estate Lending
Represented bank in the documentation and negotiation of a $4.5 million secured credit facility used by a real estate holding company to acquire a shopping center in Washington County, Indiana. Our representation included the negotiation of estoppel certificates and subordination and non-disturbance agreements on behalf of the bank with multiple national retailers.
Commercial Real Estate and Acquisition Lending
Represented bank in financing the acquisition and improvement of three real estate properties located in Southern Indiana by related obligor groups. The closings were documented, negotiated and closed simultaneously in careful coordination with multiple sellers and their respective counsel, existing lessees and real estate brokers.
Building Dispute/Injunctive Relief
Home Depot, U.S.A., Inc. v. Saul Subsidiary I Limited Partnership, Ky. App., 159 S.W.3d 339 (2005)
Represented owner of Lexington Mall and obtained injunction requiring Home Depot to remove its store and restore the Mall structure because Home Depot violated restrictive covenants; case settled.
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).
Antitrust, Constitutionality of State Law
Brought action on behalf of major grocery chain claiming Sherman Act and Kentucky Constitution violations by state agency. Result invalidated state statutes regulating milk marketing. Kentucky Milk Marketing & Antimonopoly Com. v. Kroger Co., 691 S.W. 2d 893 (1985).
Family Business Succession Planning- Sale to Grantor Trusts- Charitable Planning
Represented multi-generation family in planning for their family and estates after the sale of the family business, including preparing and/or implementing Delaware Trusts, a charitable lead annuity trust, limited liability companies, sale to dynasty trusts and valuation discounts as well as assisting in the administration of the estates of several family members after their unexpected deaths.
Industrial Development Bonds
Served as bond counsel for a $54,000,000 taxable industrial development bond issue to finance a processing and distribution facility for a nation-wide retailer.
Served as bond counsel for a $60,000,000 taxable industrial development bond issue to finance improvements to a bourbon distillery and related storage and manufacturing facilities.
Served as bond counsel for a $28,000,000 taxable industrial development bond issue to finance improvements to a manufacturing facility for a nation-wide construction materials manufacturer.
Franchise Dispute, Lanham Act Violations & Personal Guarantees
This complex franchise dispute included claims that certain franchisees were in violation of their franchise agreements based on the management structure of the franchisees. The franchisor sought to terminate the franchises and recover monetary damages from the franchisees and personal guarantors. SKO successfully argued against the lawsuit taking place in the franchisor's home state. All claims, including claims against both the franchisee and the personal guarantors, were transferred to the home state of the franchisee and guarantors.
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.
Purchase of Bankrupt Bookseller
Represented a bookseller enterprise in its acquisition of another bookseller's assets in Kentucky and Ohio in a Section 363 Bankruptcy sale.
