Culver is a Member in Stoll Keenon Ogden's Louisville office. His practice is focused on representing clients in complex commercial disputes in federal and state trial and appeals courts, and before arbitration panels. His litigation practice experience includes the following:
Banking: Representing banks and credit unions, both as plaintiffs and defendants, in actions in state and federal courts. This includes pursuing claims by banks, credit unions and other financial institutions to enforce payment by borrowers, guarantors and other debtors, and defending banks and credit unions from lender liability claims.
Estates & Trusts: Representing estates and trusts, both as plaintiffs and defendants, in actions in state and federal courts. This includes litigating claims regarding the validity, enforcement and interpretation of wills, the management of estate and trust assets, and breaches of fiduciary duty by estate and trust fiduciaries.
FINRA Arbitration: Representing claimants and respondents in FINRA Dispute Resolution arbitration cases. This includes representing claimants and respondents in FINRA arbitration cases where claims of breach of contract, breach of fiduciary duty and violations of employment, solicitation and confidentiality covenants have been alleged arising from the change of firms by brokers and investment advisors. This also includes representing claimants and respondents in FINRA arbitration customer cases where account management related claims such as breach of contract, negligence, fraud, suitability and negligent supervision are alleged.
Bankruptcy: Representing businesses as defendants in adversary proceedings brought in bankruptcy court, including those transferred from the bankruptcy court to a federal district court. This includes adversary proceedings brought to recover allegedly preferential transfers where there is significant litigation in connection with ordinary course and other substantive defenses.
Business: Representing businesses as plaintiffs and defendants in actions in state and federal courts litigating claims of breach of contract, breach of fiduciary duty, fraud and misrepresentation, violations of the Fair Debt Collection Practices Act, Fair Credit Reporting Act and Cable Communications Policy Act.
Insurance: Representing individuals and businesses, including insurers, in state and federal court actions regarding insurance coverage issues, bad faith claims and the formation and operations of captive insurers.
Recognition
• Benchmark Litigation, Future Litigation Star, Lender Liability; Securities, 2015-2017
• Best Lawyers®, Commercial Litigation, 2013-present
• Kentucky Super Lawyers® Honoree, 2012-2020
Work Highlights
Lender Liability Defense
Represented a Kentucky community bank in defense of a borrower’s claims related to his investment with another borrower. The bank won summary judgment on all claims.
Related Practices: Banking, Banking Litigation
Abuse of Power of Attorney & Joint Account
SKO successfully represented a trust company appointed as conservator for an individual diagnosed with dementia who had millions of dollars taken from him by his attorney-in-fact (power of attorney) who also fraudulently created joint survivorship accounts. The individual also generated a will in his favor. SKO successfully voided the will and recovered more than $16 million in assets.
Related Practices: Trust & Estate Litigation, Business Litigation, Business Torts
Rights of Nonprofit Members to Inspect Corporate Records
SKO represented certain members of a Kentucky nonprofit equine corporation in litigation against the nonprofit. When “significant deficiencies” were identified in the nonprofit’s $2 million annual budget, the organization refused to produce accounting records to the members who requested them. SKO obtained a summary judgment on behalf of its clients and defeated nonprofit’s motion for a stay of the judgment pending appeal. SKO also established that the nonprofit destroyed records, computer hard drives and backup servers during the pendency of the litigation. The Fayette Circuit Court held the nonprofit in contempt and ordered it to pay SKO’s fees. The nonprofit sought relief in the Kentucky Court of Appeals. Following the conclusion of the briefing by both parties, the nonprofit agreed to dismiss its appeals and to comply with the judgments entered in the Fayette Circuit Court action. This was a case of first impression in Kentucky. The Court held that, under Kentucky law, all Kentucky nonprofit corporations must allow their members to inspect and copy all of the corporation’s books and records.
Related Practices: Equine Litigation, Business Litigation, Appellate, Business Torts
Kentucky Supreme Court Ruling & Selling of Interest
Successfully obtained a ruling from the Kentucky Supreme Court that enforced an oral contract between a beneficiary and the estate requiring the beneficiary to sell his interest with the estate’s interest in a bank.
Related Practices: Banking, Trust & Estate Litigation, Business Litigation
Suitability Claims
SKO successfully represented a bank acting in a fiduciary capacity in pursuing suitability claims against a securities firm. The amount recovered for our client was approximately $10,000,000.
Related Practices: Banking, Securities Litigation, Business Litigation
Securities Fraud
SKO’s client was one of several defendants sued by a group of disappointed investors alleging securities law violations. SKO mounted an aggressive defense, and while the plaintiffs settled with other defendants, they agreed to simply dismiss their claims against SKO’s client.
Related Practices: Securities Litigation, Business Litigation, Business Torts
News
118 SKO Attorneys Named to “2023 U.S. News Best Lawyers® in America”, Aug. 18, 2022
77 STOLL KEENON OGDEN ATTORNEYS HONORED IN “BEST LAWYERS IN AMERICA” 2022 Edition, Aug. 19, 2021
73 Stoll Keenon Ogden PLLC attorneys are recognized in the 2021 edition of the Best Lawyers in America®, one of the most respected legal peer-review guides in the world., Aug. 20, 2020
Kentucky Super Lawyers Recognizes 47 Stoll Keenon Ogden Attorneys, Nov. 27, 2019
SKO Attorneys Recognized Among 2020 Best Lawyers in America®, Aug. 15, 2019
Kentucky Super Lawyers Recognizes 52 Stoll Keenon Ogden Attorneys, Dec. 11, 2018
SKO Attorneys Recognized Among 2019 Best Lawyers in America, Aug. 15, 2018
SKO Named Litigation Firm of the Year for the 5th Time, Feb. 16, 2018
SKO Attorneys Recognized Among Best Lawyers in America, Aug. 16, 2017
Five SKO Attorneys Recognized Among Top 50 Kentucky Super Lawyers, Nov. 18, 2016
Seven SKO Attorneys Named 2017 Local Litigation Stars, Nov. 14, 2016
Best Lawyers in America Chooses 61 SKO Attorneys for 2017 Publication, Aug. 30, 2016
30 SKO Attorneys Named “Top Lawyer” by Louisville Magazine, Mar. 2, 2016
Lea Pauley Goff and Richard G. Griffith named among Top 50 Kentucky Super Lawyers, Nov. 30, 2015
SKO Attorneys Recognized by Best Lawyers in America® 2016, Aug. 17, 2015
Kentucky Super Lawyers Recognizes 57 Stoll Keenon Ogden Attorneys, Nov. 24, 2014
SKO Recognized by Benchmark Litigation for Outstanding Service, Sep. 17, 2014
SKO Attorneys Recognized by Best Lawyers in America® 2015, Aug. 18, 2014
Kentucky Super Lawyers Recognizes 42 Stoll Keenon Ogden Attorneys, Nov. 26, 2013
SKO Attorneys Recognized by Best Lawyers in America® 2014, Aug. 19, 2013
34 SKO Attorneys Names “Top Lawyer” by Louisville Magazine, Mar. 5, 2013
61 SKO Attorneys Recognized by Best Lawyers in America® 2013, Sep. 7, 2012
Kentucky Super Lawyers Recognizes 31 Stoll Keenon Ogden Attorneys, July 20, 2012
Culver Halliday Selected for the Bingham Fellows Class of 2010, Jan. 20, 2010
Affiliations
• American Bar Association
• Kentucky Bar Association
• Louisville Bar Association
• Kentucky Shakespeare, Board of Directors, Member, 2011-2020
