• Kentucky, 2000
• Ohio, 2001 (inactive)

• Kentucky Supreme Court
• United States District Court Eastern District of Kentucky
• United States District Court Western District of Kentucky
• United States Court of Appeals Fourth Circuit
• United States Court of Appeals Sixth Circuit
• Supreme Court of Ohio
• United States District Court Southern District of Ohio
• United States Tax Court 

• Law clerk to the Hon. Charles R. Simpson III, United States District Court for the Western District of Kentucky

• University of Kentucky College of Law, J.D., 2000
• • Order of the Coif
• Centre College, B.S., 1997

Peter is a litigator with a broad business litigation practice in which he represents clients in real estate, contract, title insurance, noncompete agreement, U.C.C., banking, fraud and other business tort litigation matters. While Peter's primary focus is business litigation, he also defends clients in personal injury and insurance bad faith claims.  The breadth of his litigation practice is complemented by its depth in that he has tried cases to verdict, argued cases on appeal in a number of venues, handled arbitrations, and represented clients at hearings before various Kentucky administrative agencies, including the Kentucky Board of Tax Appeals. 

In addition to litigating on behalf of his clients, Peter helps them avoid litigation by identifying contract-based and tort risks they face in their business, and then developing strategies for avoiding, minimizing and managing those risks.

Experience

Peter has had the primary role in a wide array of litigation matters, most recently including:

• Won summary judgment in favor of title insurance company on insurance coverage and bad faith claims
• Defended manufacturer against nuisance claims brought by neighborhood association (reversal of unfavorable administrative hearing decisions on appeal)
• Obtained temporary restraining order and preliminary injunction preventing corporate transaction (favorable settlement achieved following rulings)
• Won dismissal of lawsuit against U.K.-based client based on lack of personal jurisdiction
• Won summary judgment in lien priority dispute on behalf of lender/insured of title insurance company
• Won summary judgment in favor of outlot owner on claims by shopping center owner that it violated parking easement (appeal pending)
  
• Won summary judgment in favor of landowner on claims by neighboring landowner that its business violated a restrictive covenant (appeal pending)
• Negotiated pre-litigation workout of multi-million dollar commercial real estate default
• Obtained defense verdict on quasi-contract claims asserted by physician against hospital arising out of medical staff obligations
• Won Rule 12 Motion to Dismiss in putative nationwide class action alleging violations of the Fair and Accurate Credit Transactions Act, 15 U.S.C. § 1681c(g) for a national restaurant chain
  
• Negotiated nuisance value settlement during trial of $3 million breach of contract and fraud claims brought by former vendor against publicly traded client
  
• Obtained directed verdict at trial for a federal credit union in case involving check forgery and allegations of unreasonableness on part of credit union

Peter's engagements also regularly include:

• Ongoing representation of title insurance companies and their insureds in claims arising out of allegedly defective mortgages, deeds and other instruments
• Ongoing representation of title insurance companies in insurance coverage and bad faith claims brought by their insureds
• Ongoing representation of banks in commercial foreclosure actions in which lender liability counterclaims have been asserted
• Enforcement of  noncompete agreements against former employees, as well as counseling employers on drafting enforceable noncompete agreements
• Defense of various entities, individuals and their insurers in all types of personal injury litigation, including claims alleging negligence, premises liability, product liability, fraud and violations of various consumer protection statutes
• Pro Bono representation of individuals involved in divorce proceedings through referral from the Legal Aid Society

Peter has also had a primary or significant role in several officially and unofficially reported cases, including:

• Pavilion Park, LLC v. First American Title Ins. Co., 2011 WL 43222 (W.D. Ky. 2011) (summary judgment defeating insurance coverage and bad faith claims) (featured in The Title Insurance Law Newsletter (February 2011)
• Commonwealth ex rel. Conway v. Wingate, 2010 WL 252251 (Ky. 2010) (defeated Petition for Writ of Prohibition)
• Jacobs Plaza, Inc. v. Holland-David Enterprises, Inc., 2008 WL 1919099 (Ky. Ct. App. 2008) (commercial landlord-tenant lease dispute)
• Kentucky Dept. of Revenue v. DuPont Performance Elastomers, L.L.C., 2008 WL 746680 (Ky. Ct. App. 2008) (state sales and use tax assessment appeal)
• Aliano v. Texas Roadhouse, 2008 WL 5397510 (N.D. Ill. 2008) (defense of FACTA class action)
• Brackens v. Texas Roadhouse, 216 Fed. Appx. 408, 2007 U.S. App. LEXIS 2124 (5th Cir. 2007) (alleged discrimination in public accommodations)
• Nichols v. Progressive Direct Ins. Co., 2007 WL 1035014 (E.D. Ky. 2007) (Class Action Fairness Act removal)
• Rawe v. Liberty Mut. Fire Ins. Co., 462 F.3d 521 (6th Cir. 2006) (insurance bad faith)

• Louisville Bar Association
• Kentucky Bar Association
• American Bar Association, Litigation Section Member
• DRI, Commercial Litigation Committee; Young Lawyers Steering Committee (2009-2010)

• Wells Fargo v. Commonwealth: The Death Knell For Equitable Subrogation?
• Our Fidelity Bond Uses the Term “Manifest Intent.” What does that mean?
• Court Confirms That Defective Notary Acknowledgments, if Facially Valid, Are Immune From Attack in Kentucky Except In Very Narrow Circumstances
• “Willful” Noncompliance with the FACT Act Could Mean Substantial Liability for Your Business

• Leadership Louisville Center (Ignite Louisville; Focus Louisville)
• Junior Achievement of Kentuckiana, Board Member

Think Before You Act: How to Avoid a Contentious Relationship with Opposing Counsel, DRI Young Lawyers Seminar (Austin, Texas June 2011)

Loan Workouts, Deeds in Lieu & Foreclosures: Strategies & Tools for Dealing with Distressed Real Estate Assets, Louisville Bar Association Real Estate Section Panel Discussion (May 2011)

Electronic Discovery Update, 21st Annual Kentucky Bar Association Issues for Corporate House Counsel (April 2011)

The Cat-O'-Ten-Tails: Pro Se Litigants Assisted by Ghostwriting Counsel, For the Defense (April 2011)

Alternative Billing Arrangements & Electronic Billing, Louisville Bar Association In-House Counsel Section Panel Discussion (September 2010)

Alternative Fee Arrangements: The Unique Challenge They Present to In-House Counsel, 20th Annual Kentucky Bar Association Issues for Corporate House Counsel (April 2010)

"The Best of Disinfectants"  Sunshine and Other Developments Relevant to Agreed Protective Orders in Today's Economy, DRI Commercial & Intellectual Property Litigation Symposium (April 2009)

Kentucky Noncompete Agreements, Trade Secrets and Agreements Not to Compete: A State-by-State Compendium (2008)

The Bank Examination Privilege, Evidentiary Privileges for Corporate Counsel (2008)

Jurisdictional Implications of Parens Patriae Suits Filed by State AGs, For The Defense (February 2008)

Computer Fraud and Abuse Act Might Protect Your Business, Business First (June 16, 2006)