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Kevin G. Henry

Member

khenry@sturgillturner.com | 859.255.8581

 
 
 

Kevin is Sturgill Turner’s most experienced business litigator, having been lead counsel in more than 20 jury trials and 40 appeals in all manner of financial and fiduciary litigation.  His cases have involved banking, bankruptcy, will contests, trust mismanagement, contracts, director and officer liability, shareholder disputes, equine disputes, securities fraud, representation of Ponzi scheme victims, lawyer and accountant malpractice, and insurance coverage disputes. Kevin has also organized and advised a number of non-profit entities, and serves as counsel to boards of directors of for-profit companies, charities and governmental entities. He has successfully registered a number of federal trademarks, and closed more than 20 asset purchase/sale transactions. Kevin has done estate planning for individuals and business owners for over 20 years.

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Areas of Practice

 
 
 
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Representative Experience

Represented creditors and litigants in several prominent bankruptcy cases such as the Calumet Farm Trophy litigation, the Lew Perrin McGee Ponzi scheme bankruptcy, the Zayat Stables Chapter 11 case, and the Pacer Health Management bankruptcy (Knox County Hospital).

Successfully defended the Lexington-Fayette Urban County Airport Board against Comair in its attack on sovereign immunity, in which the Kentucky Supreme Court adopted his suggestion that the Berns test for sovereign immunity should be modified for application to county boards and affiliated corporations. Comair, Inc. v. LFUCG Airport Board, et al., 295 S.W.3d 91 (Ky. 2009).

Successfully registered federal trademarks for several restaurants and retail businesses, as well as higher education institutions.

Advised a Division I university athletics department on the largest multimedia-rights contract of its kind.

Successfully defended antitrust litigation concerning Division I intercollegiate sports.

Obtained critical vendor settlements in major Chapter 11 cases in NY, VA and KY.

Won summary judgment for a major retailer in a $1.5 million build-to-suit lease dispute, and was granted costs and attorneys’ fees in the full amount expended by the client.

Legal advisor to several large “family businesses,” including automobile dealerships, for 30 years.

Represented beneficiaries of several of the largest trusts in Lexington for over 20 years.

Obtained favorable 501(c)(3) determination letter from Exempt Organizations office for several Kentucky nonprofits.

Obtained summary judgments for employers in several discrimination cases.

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Accolades

Best Lawyers in America® Bankruptcy Litigation Lexington Lawyer of the Year (2016)

Best Lawyers in America® Banking & Finance Litigation Lexington Lawyer of the Year (2013)

Best Lawyers in America® Trusts & Estates Litigation Lexington Lawyer of the Year (2012)

Best Lawyers in America®: Banking & Finance Litigation, Bankruptcy Litigation, Employment Litigation, Trusts & Estates Litigation

Kentucky Super Lawyers®: Business Litigation

AV Preeminent® Peer Review Rated by Martindale-Hubbell®

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Publications

Author of two chapters in the 2015 edition of Kentucky Estate Administration published by UK/CLE.

Estate Litigation Issues in Modern Practice, University of Kentucky CLE, Midwest/Midsouth Estate Planning Institute (July 2013)

Protecting the inheritance of your children in a second marriage, Business Lexington (January 2013)

Statutes of Limitations and Breach of Fiduciary Duties, University of Kentucky CLE, Kentucky Estate Administration & Fiduciary Law seminar (July 2007)

Bad Faith Litigation in Kentucky, National Business Institute CLE (July 2003)

 
 
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Professional Affiliations

Fayette County Bar Association: President (1991-1992)

Kentucky Bar Association: Appellate Advocacy Section Vice-Chair (2017-2018)

American Bar Association: Business Law Section; Real Property, Probate & Trusts Section

American Bankruptcy Institute

Defense Research Institute

22nd Judicial Nominating Commission, Kentucky Court of Justice

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Community Involvement

University of Kentucky College of Law Bankruptcy Moot Court Team: Volunteer Coach (2004-present)

YMCA of Central Kentucky: Red Triangle Service Award Recipient (2011)

YMCA Metropolitan Board of Directors (2007-Present): Treasurer and Finance Committee Chair (2009-2013)

Toyota Bluegrass Miracle League, Inc.: General Counsel (2005-2015)

Catholic Diocese of Lexington: Review Commission (2006-2014)

Green Forests Work, Inc.: General Counsel (2012-Present)

Education

Centre College, B.A. History (1975)

University of Kentucky, J.D. (1978)

Paralegal Support