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Anthony J. Phelps

Direct Phone: 859.231.3904

Anthony J. Phelps

Anthony is Counsel to the Firm in Stoll Keenon Ogden’s Lexington office and has been with SKO since 2000. He is part of the Business Litigation practice, with a focus on Business Torts, Banking, Trade Regulation, and Trust & Estate cases.

A trial attorney with a significant track record of success, Anthony’s work with clients at the firm has covered a broad spectrum of litigation matters, including those relating to business and commercial operations, property and mineral assets, wills and estates, fiduciary obligations and contracts of various forms.

Anthony has mainly provided counsel to clients in Kentucky, but has offered his assistance to businesses across the country. In 2014, he was part of an SKO legal team that argued before the U.S. Supreme Court on an statute issue relating to the Lanham Act.

For his many legal accomplishments, Anthony has been named a Rising Star by Kentucky Super Lawyers® in the area of Business Litigation.

Business Litigation: Anthony provides strategic advice to businesses and professionals faced with lawsuits, arbitration and other conflicts. He is part of a team at SKO whose contributions have helped the firm earn recognition by Benchmark Litigation as “Kentucky Firm of the Year.”

Business Torts: Representing clients at all stages of litigation, with particular emphasis on complex cases, Anthony is skilled in defending and prosecuting a range of legal actions. He also helps clients resolve disputes through mediation and arbitration.

Banking Litigation: For lenders and borrowers, Anthony is a trusted adviser on matters relating to business credit disputes. He also assists clients with documentation of lending transactions to minimize the risk of litigation.

Antitrust, Trade Regulation & Franchise: Anthony offers counseling and litigation services for a broad spectrum of concerns, from conflicts over dealer termination and franchise agreements to claims of false advertising.

Trust & Estate Litigation: Anthony has extensive experience representing clients in will and trust contests, reformation suits, challenges to and defenses of inter vivos gifts, and various other actions on behalf of families, businesses and individuals.

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.

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.

Breach of Fiduciary Duty

James D. Duff v. David A. Duff et al., Case No. 04-345-USF (E.D. Ky.)

Obtained summary judgment on behalf of executor/trustee in a breach of fiduciary lawsuit by beneficiaries of an estate/trust where the ownership of a coal company was at issue.

Acquisition of Appalachian Oil and Natural Gas Properties

Acquisition of 1.46 million oil and gas acres in eastern United States (primarily Pennsylvania and West Virginia) with more than 9,000 producing wells. SKO performed due diligence and prepared transaction documents.

Related Practices: Mineral & Environmental Law

Static Control Components, Inc. v. Lexmark Int'l, Inc., 697 F.3d 387 (6th Cir. 2008)

Martin Marietta Materials, Inc. v. Bank of Oklahoma, 304 Fed. Appx. 360 (6th Cir. 2008)

United States v. Dairy Farmers of America, Inc., et al., 426 F.3d 850 (6th Cir. 2005)

Pinkett v. First Citizens Bank, 2010 U.S. Dist, LEXIS 46200 (N.D. Ill. May 10, 2010)

Setzer v. Natixis Real Estate Capital, Inc., 537 F. Supp.2d 876 (E.D. Ky. 2008)

Hume v. Franklin County Fiscal Court, et al., 276 S.W.3d 748 (Ky. 2008)