Banking

Securities/Broker-Dealer

Commercial Real Estate Foreclosure

Construction

Fiduciary Relationships

Non-Compete and Open Records

Trusts and Estates Litigation

Associate Evaluation Committee

Diversity Committee

Co-Member in Charge, Lexington Office, 1999-2003

• Missouri, 1983
• Kentucky, 1985
• Ohio, 1986

• U.S. District Court, Judge William O. Bertelsman

• Northern Kentucky University, Salmon P. Chase College of Law, J.D., 1983
• • Order of Coif
  • Northern Law Journal Review, Associate editor, 1982-83
• Vanderbilt University, M.L.S., 1978
  
  • 
    Missouri State University, B.S., 1974

Denise has more than 25 years of civil litigation experience, primarily in commercial litigation involving banking, business & accounting fraud, construction disputes, estate & trust claims, fiduciary duty violation, health care fraud, and unfair competition claims, including trade secrets, non-compete agreements, tortuous interference and director or shareholder relations. Denise also represents parties in securities/customer complaints and has been an approved NASD (now FINRA) arbitrator.  Her vast experience makes her one of only one-half dozen attorneys in Central Kentucky included in the 2010 Best Lawyers for Bet the Company litigation.

Experience

Banking/Lending and Commercial Foreclosures

McMahan & Co. v. Po Folks, 206 F. 3^rd 627 (6^th Cir. 2000) (zero account balances and garnishment orders)

Jude v. First National Bank, 259 F. Supp 2d 586 (E. D. Ky 2002) (jurisdiction over out of state bank)

Swanson v. Central Bank & Trust Co., 2005 WL 1324887 (E.D. Ky. 2005)(Fair Credit Reporting Act claims)

Harris v. Deutsche Bank Nat’l Trust, 410 F. Supp. 2d 552 (E.D. Ky. 2006)(no liability for neighboring fire)

In re Graoch # 66, (Bktcy. W.D. Ky. 2010) (disputed property valuation on 235 unit apartment complex for plan confirmation)

Foreclosures and receiver appointments on multiple commercial properties, including apartments, shopping centers and malls.

Business and Accounting Fraud

Kool, Mann Coffee & Co. v. Coffey, 233 B.R. 291 (D. N. J. 1999)(business acquisition fraud), aff’d, 300 F. 3d 340 (3^rd Cir. 2002)

Estes v. Worley, 2006 WL 2644964 (E.D. Ky. 2006) (RICO summary judgment on business transaction)

Gookin v. Altus Capital Partners, Inc., 2006 WL 782456 (E.D. Ky. 2006)(disclosure issue regarding SBIC funding for business investments)

Ballard vs. Parkstone Energy LLC, 664 F. Supp 2d 325 (S.D. N.Y. 2009)(and related cases)(coal company acquisition and closing working capital adjustments)

Pre-litigation (fall 2010) complete rescission of $2.3 million business acquisition within 60 days of closing due to fraud in financial statements discovered post-closing.

Estates and Trusts

Kentucky Trust Co. v. Hatter, 2006 WL 2327944 (Ky. App. 2006)(effect of power of attorney with appointment of conservator).

Willeroy v. Calvert et al., Fayette Circuit Court, (2007)(summary judgment for stock brokers handling estate investment account ).

Leonard v. Wheeler & Northern Trust Bank FSB, Mercer Circuit Court, (2005)(summary judgment for trustees defeating claims of breach of fiduciary duty involving expenditure of funds)

Hunt v. Fojan & Brunacini, Scott Circuit Court (2009)(constructive trust claims against estate and beneficiary regarding real estate transfer)

Kenton Station LLC v. Central Bank Trust Company, Mason Circuit Court (2010) (summary judgment for trustee re no duty to allow access to real estate).

Health Care

Represent cardiology group against Cardiology Partners of America in connection with breach of management agreement, breach of fiduciary duty and other claims, Fayette Circuit Court (1999-2000).

Represent podiatry group on alleged Medicaid fraud under False Claims Act, (W.D. Ky. 2009)

Unfair Competition

Enforcing non-compete and trade secret protection for steel manufacturer, marina, national software company, physicians group, medical device supplier, brokerage companies and others in state and federal court.  

Marina Management Services vs. Commonwealth, 906 S.W. 2d 318 (Ky. 1995) (confidential business records provided to state not subject to competitor’s open records request)

Genesis Medical Imaging, Inc. v. DeMars, 2008 WL 4180263 (E.D. Ky. 2008) (enforcement of  two year non-compete term beginning on date of permanent injunction)

Other

Price v. Commonwealth, 945 S.W. 2d 429 (Ky. App. 1996)(expenditure of public funds on private student transportation)

Ice Cream Distributors of Evansville, LLC v. Edy's Grand Ice Cream, Inc., 2007 WL 2827660 (W.D. Ky 2007)(transfer venue to California)

Estate of John Sikura v. General Motors, (E.D. Ky. 1998)( product liability/wrongful death -trial counsel with Ben Civiletti, former U.S. Attorney General)

• The Best Lawyers in America®, 2010-2012 for Bet the Company Litigation, Litigation: Banking & Finance, Litigation: Real Estate, Litigation: Trusts & Estates, Commercial Litigation, Appellate Practice
• AV® Rated, Martindale-Hubbell®
• Selected for membership in Litigation Counsel of America- Honorary Legal Society for Litigation Attorneys

• Ohio State Bar
• Kentucky Bar Association
• Fayette County Bar
• Missouri Bar Association

• Kentucky Adopts Economic Loss Doctrine but Specific Application to the Construction Industry Remains Unsettled
• Kentucky Adopts Economic Loss Doctrine – Contractors’ Contract Remedies For Disputes In Construction Projects of Renewed Importance
• Out-of-State Contractor Can Enforce Georgia Arbitration Award in Kentucky: Costly Lessons on Contents of Arbitration Provision
• Overpaid DBE Subcontractor Could Not Defend Overpayment Based On DBE Compliance Issues
• Owner Bound By Two Year Statute Of Limitation In Performance And Payment Bond In Which to Assert Claim Against the Surety
• Kentucky Appellate Court Requires Arbitration Even If Contract Already Terminated
• Buy American Requirements Under the Federal American Recovery and Reinvestment Act of 2009 Now Being Implemented on Kentucky Projects
• Contract’s Reference to Kentucky Model Procurement Code Not Necessarily Binding
• West Virginia Federal Court Reaffirms Meaning Of “pay if paid” Clause
• Commencing Construction Projects in Kentucky Without Obtaining Stormwater Permits can be a Costly Proposition for Property Owners, Developers and Contractors

• Lexington Philharmonic Society, President 2004-2005, Board Member
• Midway College, Board of Trustees, 2003 - present
• Northern Kentucky University, Board of Regents, 2005-2010
• Calvary Baptist Church, Deacon
• United Way of the Bluegrass, Board Member, Audit Committee Member

Denise has published several articles in the Northern Kentucky University Law Review, the Kentucky Municipal Law News, as well as the Kentucky Bar Journal.  Articles published include:

"Survey of Kentucky Privacy and Related Claims Against the Media"
MLDC Fifty State Survey, 1996-present

"A Never Ending Struggle Between Competing Policies - The Kentucky Open Records Act" Kentucky Bench & Bar, Fall 1997

"Is Kentucky Law "Pro Business" In Its Protection of Trade Secrets, Confidential and Proprietary Information: A Practical Guide for Kentucky Business and Their Lawyers"
Northern Kentucky Law Review, Vol. 24 #2, 1997

"Construction Management Scheduling Liability Under Review by Courts Kentucky Association General Contractors"
Vol. I 27 No. 2, Summer 2002

"The "Attorneys' Eyes Only" Designation and Other Disclosure Restrictions in Trade Secrets Litigation" ABA Business Tort Journals, Spring 2006

"ALP: The Fairness in Construction Act - With the Booming Local and Regional Construction, The Act is A Benefit to All in Central Kentucky"
Frost Brown Todd, Ask the Legal Pro, June 2007

The "Attorneys' Eyes Only" Designation and Other Disclosure Restrictions in Trade Secrets Litigation, May 25, 2006

"Kentucky's Fairness in Construction Act"
Business Lexington, August, 2007