Business, Equine & Personal Legal Representation

Sturgill Turner’s Business, Equine & Personal Legal Representation practice group includes an array of business, equine, malpractice defense and estate planning services.

BUSINESS LITIGATION 

With Sturgill Turner’s experienced trial and business attorneys, our firm is uniquely positioned to handle complex business litigation matters, including: 

• Malpractice defense for professionals such as lawyers, accountants, architects and engineers;
• Representation of victims of data security breaches and Privacy Act violations;
• Bankruptcy proceedings, representing both lenders and borrowers in Chapter 7, 11 and 13 cases, including filing and defending claims plan analysis and objections, filing motions for stay relief and non-dischargeability litigation actions, and defending avoidance actions;
• Trust mismanagement surcharge actions, along with other matters applying agency law and fiduciary duty principles;
• Representation of businesses in banking and finance transactions, including secured transactions dealing with Article 9 of the Uniform Commercial Code;
• Intellectual property disputes, including infringement litigation involving trademarks, trade secrets, copyright, licensing and distribution, export and customs, government contracts, antitrust, and other trade regulation matters; 
• Defense of employers in actions involving OSHA and KOSH; and 
• Various types of construction (residential, commercial and highway) litigation concerning bid documents, construction contracts, zoning, land use, real estate sales contracts, homebuilder defects and building code violations.

BUSINESS SERVICES

An important part of Sturgill Turner’s business law practice is devoted to advising clients on business matters outside of litigation, which include:

• Planning and formation of appropriate business entities, such as corporations, limited liability companies and limited liability partnerships for an array of business ventures;
• Reviewing, negotiating and drafting contracts and leases, including construction contracts and purchase and sale transactions for businesses, stocks and assets;
• Banking issues;
• Statutory and regulatory compliance;
• Employment matters;
• Enforcement of employee non-compete and confidentiality agreements;
• Negotiating and drafting executive severance agreements;
• Registration of trademarks and copyrights;
• Assisting non-profits with obtaining tax-exempt bond financing; and
• Meeting the ongoing legal needs of automobile dealerships, from advertising compliance and consumer claims to buy/sells, floor-plan financing, real estate transactions, regulatory reviews, insurance coverage and franchise issues.

EQUINE LAW

Sturgill Turner’s experience in equine law dates back to 1957, and is well-known nationally and internationally. Firm founder Don Sturgill was a thoroughbred breeder and thus possessed a unique knowledge of the thoroughbred industry. Notable among the accomplishments of his extensive equine law practice include the syndication of a number of well-known stallions, including Triple Crown winners Seattle Slew and Affirmed. 

Our attorneys currently work with owners, trainers, breeders and equine-related associations in the United States and abroad on equine law matters, including:

• Litigating and negotiating disputes among owners, breeders, trainers, agents, jockeys and race tracks;
• Insurance claims involving equine mortality and fertility, and veterinary negligence;
• Litigating and negotiating disputes regarding inter-track wagering and simulcasting rights;
• Drafting syndicate, racing, breeding, leasing, foal/mare share and training agreements;
• Drafting of racing rules and regulations for state racing commissions and race tracks;
• Negotiating and drafting contracts between horsemen’s groups and race tracks;
• Obtaining and enforcing agister’s liens, stallion service liens and security interests;
• Registering horses with the Jockey Club and/or its equivalent entities abroad; and
• Advising trade associations, farms, breeders, boarders and owners on tax-related matters .

Further, Douglas L. McSwain is one of the leading authorities on the Interstate Horseracing Act of 1978, which governs wagering on simulcast races. He currently serves as general counsel to The National Horseman’s Benevolent & Protective Association, Inc., representing more than 35,000 thoroughbred owners and trainers in the United States and Canada. He is also general counsel for the American Farrier’s Association.

NEWS:

Ohio horsemen's simulcast rights upheld by Sixth Circuit

PERSONAL LEGAL REPRESENTATION

Sturgill Turner’s attorneys regularly represent individuals in a variety of legal matters related to:

• Wills, Trusts & Estates—All aspects of estate planning, probate and estate administration, encompassing a wide variety of closely-held business succession planning. Our attorneys assist clients in the preparation of wills and trusts (including both inter vivos and testamentary trusts), powers of attorney, advance directives (living wills), charitable giving, family partnerships and limited liability entities, grantor retained annuity trusts and charitable remainder trusts. Our attorneys also serve as counsel to fiduciaries or beneficiaries in the administration of trusts, estates and guardianships and have been instrumental in assisting our clients with several of the largest trusts in the Lexington area. Notably, member Kevin G. Henry was named Lexington's Trusts & Estates Litigator of the Year for 2012 by The Best Lawyers in America. 
• Contracts—Advising individuals on insurance matters and contracts of all kinds (real estate contracts, purchase orders, leases, etc.).
• Representing plaintiffs—both individuals and classes—in constitutional, statutory civil rights, Privacy Act, employment and wage and hour litigation.

ATTORNEYS