Doug serves as chair of the Business Torts practice and the Finance Committee at Stoll Keenon Ogden, and he has been a Member of the firm since 1990. He also represents clients through several other practice groups at the firm, concentrating on litigation involving intellectual property rights, complex business and construction disputes, insurance disputes, product liability and personal injury claims.
Doug was the 2018-2019 president of the Kentucky Bar Association. He continues to serve on various KBA Committees. He serves as a Master in the Brandeis Inn of Court, is a member of the Sixth Circuit Life Member Committee, and is a member of the Board of Trustees of the Speed Museum. He is listed in the Best Lawyers in America®, recognized by Chambers USA and is honored as a Kentucky Super Lawyer® Top 50 Kentucky, Business Litigation. In 2018, he was honored by Business First as one of 20 People to Know in Law.
Business Torts and Commercial Litigation: Doug oversees a team of attorneys who represent clients by defending and prosecuting business torts claims, including shareholder and derivative actions, and claims for breach of contract and breach of fiduciary duty, bad faith, tortious interference with contractual relations, fraudulent misrepresentation and theft of trade secrets.
Intellectual Property: Doug represents clients in a broad range of intellectual property matters, including copyright and trademark infringement claims, theft of trade secrets, author’s and artist’s rights, trade dress, and unfair competition. Doug is part of a practice group that has a national reach in all facets of intellectual property cases, including patent, copyright, trademark, trade dress, trade secret and unfair competition.
Class Action: Doug represents both plaintiffs and defendants in class actions in state and federal courts. His class action experience includes defense of class action claims by residents allegedly injured by release of chemicals from derailed train cars, defense of claims by purported class of homeowners regarding alleged defects in home construction, prosecution claims regarding cemetery’s failure to bury deceased in agreed-upon plots and vaults, and defense of claims by residents claiming nuisance from hog farming operations.
Securities Litigation: Doug has successfully represented clients on alleged insider trading cases, negotiating settlements with the Securities and Exchange Commission to the satisfaction of our clients.
Tort, Trial & Insurance Services: Doug represents corporate clients on product liability claims and virtually all varieties of tort and insurance litigation. His experience includes litigation involving catastrophic injuries including wrongful death, brain damage, severe burns, amputation and paralysis.
He has extensive experience in handling insurance coverage disputes, for insurers and for policyholders, including declaratory judgment actions in state and federal court, and related claims of bad faith, violation of the Kentucky Unfair Claims Settlement Practices Act and consumer protection statutes.
Construction Law: Doug has represented clients in numerous construction disputes, including claims of defective construction involving a multi-million dollar construction project in Canada, involving multiple lawsuits in multiple Canadian venues; alleged defective design and installation of HVAC and other systems; representing supplier of products for use in construction of multi-billion dollar federal nuclear fuel processing facility; defective roofing on commercial and residential properties; and defective site preparation involving plastic soils.
Work Highlights
Intellectual Property disputes
As lead counsel in a trade name and trade dress infringement action in federal court, Doug successfully established that his client’s unregistered trademarks were protected under the Lanham Act and, after a multi-witness injunction hearing, obtained a preliminary injunction against a competitor in the elder care industry requiring the Defendant to change its name, logo, and signage. See Trilogy Healthcare v. Camelot Leasing, LLC, Civil Action No. 3:18-cv-00307-RGJ, 2019 U.S. Dist. LEXIS 144653 (W.D. Ky. Mar. 22, 2019).
Related Practices: Intellectual Property, Business Litigation
Lead counsel representing Kentucky Derby winning jockey in dispute with his agent over breeding rights
Lead counsel in defending claims in federal court against Kentucky Derby winning jockey regarding claims by agent for portion of yearly stud fee from the stallion, Unbridled’s Song. After briefing and argument, case was dismissed by District Court. On appeal by opposing party, after briefing and argument, U.S. Court of Appeals for 6th Circuit affirmed in all respects. Adika v. Smith, 466 F.3d 503 (6th Cir. 2006).
Related Practices: Equine Litigation, Business Litigation, Appellate
Shareholder Derivative Actions
Lead counsel defending action by single, dissident shareholder who brought both derivative claims on behalf of the corporation and direct claims against certain directors. SKO successfully argued in litigation that the dissident shareholder had no standing to assert claims and lacked the ability to bring a derivative action for failure to satisfy the statutory requirements for doing so. The litigation continued to the enforcement of a stock buy-sell agreement, upon which our client was successful in both its enforcement and the valuation of the minority member’s shares. Conlon v. Haise, Case No. 2014-CA-001581-MR (Ky. Ct. App. 2016).
Related Practices: Business Litigation
Non-Compete Cases
Lead counsel for plaintiff in injunction action regarding violation of non-compete and theft of trade secrets. After hearing, federal court issued injunction barring former employee from continuing to violate non-compete and enjoining any dissemination of trade secrets.
Related Practices: Intellectual Property, Business Torts
Publishing Rights
Successfully represented best-selling author of fiction works in multiple disputes, including arbitration concerning ownership, copyrights, publishing rights and royalty payments. Negotiated confidential settlement favorable to client.
Related Practices: Intellectual Property, Business Litigation
Business Litigation Claims
Lead counsel representing manufacturer-supplier of equipment supplied to multi-billion dollar nuclear waste processing facility regarding claims against client for alleged latent defects in products and in related claims against prime contractor for amounts due under contract. Case settled after multiday mediation. CB&I Areva Mox Services, LLC v. Flanders Corporation, Civil Action No. 1:18-00052-TLW (U.S. Dist. S.C.).
Related Practices: Construction Law, Business Litigation
Insider Trading Cases
Lead counsel in alleged insider trading cases brought by Securities and Exchange Commission. Claims involved alleged “tipper” and “tippee” liability relating to the purchase of stocks. Successfully negotiated settlement with SEC to satisfaction of clients. Securities and Exchange Commission v. Somers, et al., Case No. 3:11-cv-00165-JGH; In the Matter of Monster Beverage Company, LA-4500.
Related Practices: Securities Litigation, Business Litigation, Business Torts
Defense of Environmental Contractor in train derailment resulting in catastrophic burns to two workers performing cleanup operations
Co-lead counsel in case involving a train carrying flammable chemicals that derailed resulting in a breach of the tanker car and subsequent release of flammable chemical. During cleanup operations, two workers were seriously burned when a flash fire resulted when they were using a cutting torch to separate train cars near the leaked chemical. The injured workers filed an action against the railroads and the environmental contractor resulting in complex claims among several parties. Those claims necessitated a deep understanding and application of OSHA regulations, contract law, and common law. SKO represented the environmental contractor retained for air monitoring at the site. The case ultimately settled.
Related Practices: Tort, Trial & Insurance Services, Class Action
Defense of Van Conversion Company in Vehicle Rollover Accident, resulting in ejection of child through roof
Lead counsel in case in which van conversion company installed raised roof in van. Driver of van fell asleep, resulting in rollover accident in which minor was ejected through the modified roof of the van. Minor was seriously injured resulting in brain damage and paralysis (paraplegic). SKO represented van conversion company. The case ultimately settled.
Related Practices: Tort, Trial & Insurance Services, Class Action
Defense of Chemical Manufacturer in claims resulting from fire on train containing boxcar full of containers of chemical
Co-counsel on case in which containers loaded with reactive chemical caught fire inside train boxcar resulting in evacuation of town into which train was traveling when fire occurred. Multiple alleged personal injury claims from residents allegedly exposed to toxic fumes. Those claims were settled. After two jury trials relating to the claims between chemical manufacturer and railroad, those claims were ultimately settled after trial.
Related Practices: Tort, Trial & Insurance Services, Business Litigation
Class Action Claims Against Cemetery for Improper Practices
Lead counsel representing 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 was pending in the U.S. District Court for the Southern District of Indiana, and was ultimately settled.
Related Practices: Class Action, Business Torts
Nuisance Claims
The firm represented several land owners being sued by neighboring property owners both individually and as a class for an alleged nuisance related to odors emanating from hog barns. The plaintiffs claimed that the odors unreasonably interfered with their enjoyment of property. The case was before the United States District Court for the Western District of Kentucky where it ultimately settled just before trial. Powell v. Tosh, No. 5:09-CV-00121-TBR-DW (W.D. Ky.).
Related Practices: Tort, Trial & Insurance Services, Environmental Litigation
Recognition
• President, Kentucky Bar Association, July 2018- July 2019 Kentucky Bar Association
• AV Preeminent® Peer Review Rated™ by Martindale-Hubbell®
• Top 50 Kentucky Super Lawyers®, Business Litigation
• Kentucky Super Lawyers® Honoree, 2007-2022
• Best Lawyers®, Lawyer of the Year, 2017
• Best Lawyers®, Bet-the-Company Litigation; Commercial Litigation; Intellectual Property Litigation, 2003-present
• Benchmark Litigation, Local Litigation Star, Environmental; General Commercial; Insurance; Intellectual Property, 2013-2018
• Litigation Counsel of America, Fellow
• Chambers USA, Leading Lawyer for Business, Litigation: General Commercial, Litigation: Tort & Insurance Defense
• Louisville Magazine Top Lawyer, Copyright/Trademark Law; Personal Injury Law: Defense; Copyright/Trademark Law and General Litigation
News
118 SKO Attorneys Named to “2023 U.S. News Best Lawyers® in America”, Aug. 18, 2022
SKO Attorneys Selected to 2022 Kentucky Super Lawyers, Jan. 6, 2022
77 STOLL KEENON OGDEN ATTORNEYS HONORED IN “BEST LAWYERS IN AMERICA” 2022 Edition, Aug. 19, 2021
KENTUCKY SUPER LAWYERS RECOGNIZES 39 STOLL KEENON OGDEN ATTORNEYS, Dec. 11, 2020
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 Attorneys Recognized Among Best Lawyers in America, Aug. 16, 2017
Louisville Attorneys Elected to Positions on State Bar Association, June 30, 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
Speed Museum Elects Ballantine to Board, Oct. 17, 2016
Best Lawyers in America Chooses 61 SKO Attorneys for 2017 Publication, Aug. 30, 2016
Twelve SKO Attorneys Named 2017 Lawyer of the Year by Best Lawyers®, Aug. 29, 2016
Four from Stoll Keenon Ogden Elected to KBA Leadership Posts/Carl Frazier Named Outstanding Young Lawyer, May 13, 2016
30 SKO Attorneys Named “Top Lawyer” by Louisville Magazine, Mar. 2, 2016
Chambers USA Recognizes 24 SKO Attorneys, Feb. 22, 2016
Lea Pauley Goff and Richard G. Griffith named among Top 50 Kentucky Super Lawyers, Nov. 30, 2015
SKO Attorneys Recognized as 2016 Benchmark Litigation Stars, Oct. 1, 2015
SKO Attorneys Recognized by Best Lawyers in America® 2016, Aug. 17, 2015
28 SKO Attorneys Recognized by Chambers USA 2015, Apr. 1, 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
33 SKO Attorneys Named “Top Lawyer” by Louisville Magazine, Mar. 25, 2014
25 SKO Attorneys Recognized by Chambers USA 2014, Mar. 12, 2014
Kentucky Super Lawyers Recognizes 42 Stoll Keenon Ogden Attorneys, Nov. 26, 2013
SKO Recognized by Benchmark Litigation for Outstanding Service, Oct. 28, 2013
SKO Attorneys Recognized by Best Lawyers in America® 2014, Aug. 19, 2013
22 SKO Attorneys Recognized by Chambers USA 2013, June 5, 2013
34 SKO Attorneys Names “Top Lawyer” by Louisville Magazine, Mar. 5, 2013
22 SKO Attorneys Recognized by Chambers USA 2013, Feb. 10, 2013
SKO Recognized by Benchmark for Litigation and Appellate Services, Oct. 2, 2012
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
22 SKO Attorneys Recognized by Chambers USA 2012, June 7, 2012
SKO Attorneys Recognized by Chambers USA 2012, Feb. 28, 2012
SKO Recognized by Benchmark: Litigation as a Leading Litigation Firm in KY, Oct. 10, 2011
53 SKO Attorneys Recognized by Best Lawyers in America® 2012, Sep. 6, 2011
Kentucky Super Lawyers Recognizes 25 SKO Attorneys, July 25, 2011
SKO Litigation Practice Receives Tier 1 Ranking by Chambers USA 2011, June 20, 2011
SKO Attorneys Ranked in Chambers USA 2011, June 10, 2011
SKO Attorneys Recognized by Chambers USA 2011, Mar. 16, 2011
Stoll Keenon Ogden PLLC Recognized by Benchmark Litigation, Oct. 17, 2010
53 SKO Attorneys Recognized by Best Lawyers in America® 2011, Aug. 6, 2010
26 SKO Attorneys Recognized by Kentucky Super Lawyers, July 28, 2010
SKO Attorneys Recognized by Chambers USA 2010, Apr. 15, 2010
Kentucky Super Lawyers Recognizes 27 SKO Attorneys, Aug. 15, 2009
49 SKO Attorneys Recognized by Best Lawyers in America, Aug. 6, 2009
SKO Attorneys Recognized by Chambers USA 2009, June 15, 2009
Kentucky Super Lawyers Recognizes 26 SKO Attorneys, July 29, 2008
Lawyers Honored by Chambers USA, June 19, 2008
Best Lawyers in America Recognizes 41 SKO Attorneys, June 19, 2008
Two SKO Attorneys Elected to Kentucky Bar Association Board of Governors, Jan. 28, 2008
39 SKO Attorneys Recognized by Best Lawyers in America, Sep. 19, 2007
Kentucky Super Lawyers Recognizes 24 SKO Attorneys, June 19, 2007
Louisville Magazine Recognizes SKO Attorneys as Best Lawyers in America, Mar. 15, 2006
Seminars
Bad Lawyers in the Movies, panelist, Kentucky Bar Association Annual Convention, 2002
Discovery of Trade Secrets, Employment Records, Financial Information, Electronic Media and Attorney-Client Communications in Kentucky, Kentucky Academy of Trial Attorneys, 2001
Measures for Secrecy - Discovering and Protecting Trade Secrets, Louisville Bar Association Intellectual Property Section, 2001
Protecting Against Medical Malpractice Claims, Jefferson County (KY) Medical Society, 2001
Discovery of Confidential Business Records in Kentucky, Lorman Education Services, 2000
Protecting Against Accounting Malpractice Claims, Indiana University Southeast, 2000
Affiliations
American Bar Association
Kentucky Bar Association: President, 2018-2019; President-Elect, 2017-2018; Board of Governors and Executive Committee, 2008-2019; Unauthorized Practice of Law Committee, 2014-present; Rules Committee, 2012-present; Ethics Committee member, 1996-2008; Continuing Education Commission chair, 2002-2007; Finance Committee member, 2003-2007; Professionalism Committee member, 1993-1995
Louisville Bar Association, 1990-present; Litigation Section chair, 1999; Intellectual Property Section, 2000-present
Kentucky Bar Foundation, Board of Directors
Lawyers Mutual Insurance Company of Kentucky, Board of Directors
Speed Art Museum, Board of Trustees
Friends of the Kentucky Legal Education Opportunity Program, Inc., Secretary
Sixth Circuit Life Member Planning Committee
Sixth Circuit Conference Planning Committee
U.S. District Court, Western District of Kentucky, Magistrate Judge Merit Selection Panel, chair, 2017-2018
Defense Research Institute
Kentucky Defense Counsel
American Intellectual Property Law Association
Previous Service
Blackacre Conservancy, former board member
Focus Louisville Alumni Group, former board member
Kentucky Supreme Court Civil Rules Committee, former member
Legal Aid Society, former board member
United States Court of Appeals for the Sixth Circuit, Advisory Committee on Local Rules, former membe
Distinguished: An excellent rating for a lawyer with some experience. This rating indicates the attorney is widely
respected by their peers for high professional achievement and ethical standards.
Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards.
