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Monica Braun

Direct Phone: 859.231.3903

Monica Braun

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.

Work Highlights

Patent Infringement, False Advertisement & Antitrust

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

This multi-party, complex litigation involved claims for, among other things, patent infringement, antitrust violations, and false advertising.  SKO argued the issue of standing to assert false advertising claims in front of the Supreme Court on December 3, 2013.

Shareholder Class Action

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

SKO successfully represented Lexmark in successfully dismissing a proposed class action lawsuit claiming Lexmark’s merger was unfair to shareholders.  A mere three days before the scheduled shareholder vote, an injunction hearing was held and the Court dismissed the lawsuit.

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 successfully argued the case before the Kentucky Supreme Court and the Court ruled in the Commission’s favor in a unanimous published opinion.

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.

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.  

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.