January 12, 2012

The following is a comprehensive list of M&P attorneys who authored updates to certain chapters of the handbook:

• Mindy Sunderland: Debtor/Creditor Relations in Kentucky, 3d ed., (UK/CLE) (2011), Handbook Chair and 2011 Update Author, Chapter 5, Prejudgment Remedies, and Chapter 8, Default and Enforcement in Secured Transactions Under Revised Article 9

• Tim Schenk: Debtor/Creditor Relations in Kentucky, 3d ed., (UK/CLE) (2011), 2011 Update Author, Chapter 6, Post-Judgment Remedies

• Thurman Senn: Debtor/Creditor Relations in Kentucky, 3d ed., (UK/CLE) (2011), 2011 Co-Update Author, Chapter 12, Federal Tax Considerations

• Sarah Mattingly: Debtor/Creditor Relations in Kentucky, 3d ed., (UK/CLE) (2011), 2011 Co-Update Author, Chapter 12, Federal Tax Considerations

• John Majors: Debtor/Creditor Relations in Kentucky, 3d ed., (UK/CLE) (2011), 2011 Update Author, Chapter 13, Claims Against Decedents' Estates

• Taylor Hamilton: Debtor/Creditor Relations in Kentucky, 3d ed., (UK/CLE) (2011), 2011 Update Author, Chapter 14, Collecting from Military Personnel and Other Specially Situated Defendants

• Deane Stewart: Debtor/Creditor Relations in Kentucky, 3d ed., (UK/CLE) (2011), 2011 Co-Update Author, Chapter 16, Remedies for Real Estate Mortgages in Default

January 12, 2012

John McGarvey, sitting as Special Justice for the Kentucky Supreme Court, wrote the opinion in Miller v. Administrative Office of the Courts, 2007-SC-000609-TG, which was rendered on December 22, 2011, and which is to be published. The opinion reverses the Jefferson Circuit Court's dismissal of the Appellant's employment related claims based on an application of the doctrine of res judicata. 

November 7, 2011

Mattingly joins Morgan & Pottinger

LEXINGTON, Ky.—Morgan & Pottinger, P.S.C. is pleased to announce that Sarah Sheeran Mattingly has joined the firm as an associate. Mattingly’s practice is concentrated in the areas of commercial transactions including commercial loan documentation, commercial litigation, real estate and banking regulations.

Mattingly is a 2011 graduate of the University of Kentucky College of Law where she was a member of the Kentucky Law Journal. She obtained her bachelor of arts degree and graduated cum laude from Centre College in 2008. Mattingly is admitted to practice law in Kentucky, and is a member of the Kentucky Bar Association and the Young Lawyers Association.

Mattingly is located in M&P’s Lexington office.

November 7, 2011

M&P’s John McGarvey quoted in BNA article

Reproduced with permission from Daily Report for Executives, 214 DER EE-9 (Nov. 4, 2011).

Copyright 2011 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>

Court Backs Bank's Security Measures On Fraudulent In-Person Wire Transfer

BNA Snapshot

Chavez v. Mercantil Commercebank N.A., S.D. Fla., No. 10-23244-CIV-TORRES, 11/1/11

Key Holding: Security procedures pass muster under Section 670.201 of the Florida statutes and UCC Article 4A-202.

Potential Impact: The ruling may be the first to address the commercial reasonableness of procedures for in-person wire transfers.

By R. Christian Bruce

A federal judge in Florida has ruled for a bank in a test of payment-related security procedures under the Uniform Commercial Code (UCC), saying the bank is not liable for a fraudulent wire transfer (Chavez v. Mercantil Commercebank N.A., S.D. Fla., No. 10-23244-CIV-TORRES, 11/1/11).

In a 13-page decision, Judge Edwin G. Torres of the U.S. District Court for the Southern District of Florida said the case may be the first to test the sufficiency of bank security procedures for wire transfers handled in person.

Roger Chavez sued Mercantil Commercebank N.A. after an impersonator transferred $329,500 from his account to a party in the Dominican Republic.

The bank processed the order after examining identification presented by the impersonator, and after comparing his signature with the signature of Chavez, which was on file.

According to the court, the bank complied with the security procedure Chavez had chosen in his agreement with the bank.

Procedure Falls Short, Customer Says

However, Chavez said the bank should have done more. He claimed the process failed to pass muster as a “security procedure” required under Section 670.201 of the Florida statutes.

Chavez also said the procedure was not a “commercially reasonable method of providing security against unauthorized payment orders” under Article 4A-202 of the Uniform Commercial Code, which governs authorized and verified payment orders.

However, Torres disagreed, saying the extra precautions cited by Chavez generally involve electronic transactions.

“Indeed, we have not identified, nor has Plaintiff cited, a single case where algorithms or encryptions were ever required by a customer that stood directly in front of the bank's employee and could simply provide identification,” Torres said, calling the decision “largely one of first impression.”

Most Transfers Handled By Electronic Means

In-person transfers are rare, according to John T. McGarvey, a shareholder with Morgan & Pottinger in Louisville and an adjunct professor of secured transactions at the University of Kentucky College of Law.

He said most such transactions are handled through secure electronic communications that require the use of a password, an assigned token, or other means to identify individuals.

“This is the first instance I know of where the wire transfer was set up to be done in person,” he told BNA Nov. 3.

He agreed that case law on in-person transactions is sparse.

“If banks do get sued for problems in an in-person transfer, it will be this decision that is cited to that court on whether their documentation and procedures are sufficient,” McGarvey said.

October 26, 2011 

M&P’s Scott White appointed to Lexington Board of Health

Mayor Jim Gray has appointed Morgan & Pottinger’s Scott White to the Lexington-Fayette County Health Department’s Board of Health. As a board member, White will help determine the long-range planning goals for the health department and that the Board’s policies and goals are implemented. His term runs through June 30, 2012. White heads M&P's Litigation Practice Group and the firm's criminal law practice, which focuses on "white collar" crimes such as personal and business tax avoidance, fraud, complex conspiracies and RICO. 

October 26, 2011 

M&P’s Miller Admitted to Practice Law in Indiana

Morgan & Pottinger, P.S.C. is pleased to announce that Melissa Miller is now licensed to practice law in the state of Indiana. Miller’s practice focuses on collections and creditor’s rights. Miller is also admitted to practice law in Kentucky and is recognized as a registered patent attorney by the U.S. Patent and Trademark Office.  

October 20, 2011 

M&P Sponsors Maxwell Street Legal Clinic Benefit

Morgan & Pottinger will be sponsoring a reception to benefit the Maxwell Street Legal Clinic on Friday, Oct. 21. With an “Around the World” theme, the Maxwell Street Legal Clinic plans to honor the dozens of Maxwell Street “graduates” who have achieved United States citizenship. The event will take place from 7 to 9 p.m. at the Bodley-Bullock House, located at 200 Market Street in Lexington, Ky. 

September 15, 2011

Decline in foal crop could bring many repercussions for the Bluegrass economy
By Emily H. Cowles

Thoroughbred breeding, racing and sales are crucial to central Kentucky's economy and scenic landscape and serve as the identity of the region. The Kentucky Thoroughbred Association reports that the horse industry in general is responsible for 100,000 jobs and carries a $4 billion economic impact, which in turn lays the groundwork for Kentucky's $8.8 billion in tourism trade. However, since The Jockey Club released its annual predictions on the foal crop for 2012, there is an increased concern that the Thoroughbred industry will not be able to sustain its present role in the central Kentucky economy.

Read More in Business Lexington 

August 18, 2011

M&P’s Coffey helps a wrongfully arrested man get out of jail

A 24-year-old man was wrongfully arrested in Virginia and brought to Louisville where he served two weeks in jail for an armed robbery he didn’t commit. Coffey, along with attorney Benham Sims, proved that the man wasn’t in Kentucky when the crime was committed. In fact, he was in a behavioral health center in Virginia where he was being treated for paranoid schizophrenia. Prosecutors agreed to release the man to his family after the mistake was uncovered.

Melissa Miller joins Morgan & Pottinger

Morgan & Pottinger, P.S.C. is pleased to announce that Melissa Miller has joined the firm as an associate attorney. Miller’s practice focuses on collections and creditor’s rights. Miller earned a Bachelor of Science degree from the University of Evansville in 2006. She graduated from the Indiana University Maurer School of Law in 2009. Miller is admitted to practice law in Kentucky and is recognized as a registered patent attorney by the U.S. Patent and Trademark Office. She is a member of the Louisville and American Bar Associations.

Melissa Miller’s Attorney Profile

August 9, 2011

McGarvey Presents to ABA on UCC

John McGarvey attended the annual meeting of the American Bar Association in Toronto where he made three presentations on the 2010 Amendments to Article 9 of the Uniform Commercial Code. John was a member of the committee that drafted the amendments. The presentations were to the joint meeting of the ABA’s UCC Committee and Commercial Financial Services Committees, the Task Force on Filing Office Operations and the Enactment Committee for the 2010 Amendments.

 

June 14, 2011

Update on musicians dispute with Louisville Orchestra

In March, Morgan & Pottinger’s Timothy Schenk represented the Louisville Orchestra Musicians' Association in successfully stopping the Louisville Orchestra from obtaining a four-month extension to file its reorganization plan; most recently, he represented the musicians in disputing financial information filed by the Louisville Orchestra in federal bankruptcy court. The musicians argued that the projections in the orchestra's disclosure statement lack sufficient background, detail and undervalues its assets.

Players object to Louisville Orchestra's calculations

April 14, 2011

The Measure of Good Citizenship

Larry Steur. Larry was a good citizen. He wasn't born here. Larry was a Brooklynite. It is hard to imagine a "New Yawkuh" having such an impact in Lexington, but Larry did. He worked for years at John's Run Walk Shop, fitting thousands of runners and weekend joggers with the right shoes. He shared training tips along with a passion for road racing. You could follow his training progress along with hundreds of his Facebook friends…

Business Lexington Commentary by Scott White

March 24, 2011

M&P obtains published opinion from Kentucky Supreme Court

M&P represented Louisville car dealer Commonwealth Dodge in obtaining a favorable, published Kentucky Supreme Court opinion enforcing the arbitration clause in the dealer’s purchase agreement. The case addressed a number of key points that regularly arise in disputes over arbitration, such as the fact that arbitration clauses must expressly specify a location in Kentucky or the agreement is not enforceable. The court upheld the arbitration clause, rejecting all of the opposing party’s allegations that it was “unconscionable” and one-sided, with the implication that Commonwealth Dodge may obtain a writ of possession without waiving arbitration. The decision also affirmed the validity of a “choice of law” provision selecting the Federal Arbitration Act (9 U.S.C. §1, et seq.) as the law governing any dispute between the parties.

Case Summary

Opinion of the Court by Justice Venters

March 23, 2011

M&P’s Schenk represents musicians in dispute with Louisville Orchestra

Morgan & Pottinger’s Timothy Schenk represented the Louisville Orchestra Musicians' Association in successfully stopping the Louisville Orchestra from obtaining a four-month extension to file its reorganization plan. The extension would have given the orchestra until July 31 to submit its plan, falling two months after the musicians’ contract expires on May 31. Schenk told the court that extending the date to July 31 was an attempt by the Louisville Orchestra to “lock out” the musicians from the process. A federal bankruptcy court granted the Louisville Orchestra an extra two months to file its reorganization plan, moving the due date to May 31. The decision split the difference between the previous date of April 1—which the musicians asked the court to uphold—and the date the orchestra requested.

Message from American Federation of Musicians: Bankruptcy as an Employer Escape Hatch

March 9, 2011

M&P's Scott White joined the executive committee for the American Constitution Society's Kentucky Lawyer Chapter. The American Constitution Society works for positive change by bringing together powerful ideas and talented people to articulate a progressive vision for constitutional, legal and public policy debates the shape democracy in the United States.

March 8, 2011

Five M&P attorneys named among Louisville's top lawyers

Five M&P attorneys were named among Louisville's top lawyers in the March issue of Louisville Magazine. Lexis-Nexis® Martindale-Hubbell® helped compile the list of "local lawyers who have reached the highest levels of ethical standards and professional excellence," as chosen by their peers. M&P attorneys received recognition in the following categories:

Bankruptcy
John A. Majors

Business, Corporate & Commercial
Thomas C. Fenton
John A. Majors
John T. McGarvey

Debtor & Creditor
M. Thurman Senn

General Practice
Margaret K. Seiffert

Litigation
Thomas C. Fenton
John A. Majors
John T. McGarvey
M. Thurman Senn

March 1, 2011

Morgan & Pottinger welcomes litigation attorney Tom Coffey

LOUISVILLE, Ky.-Morgan & Pottinger is pleased to announce that Thomas R. Coffey has joined the firm as a senior associate. Coffey's practice will focus on commercial litigation, business disputes and criminal defense.

Coffey brings a wealth of litigation experience to Morgan & Pottinger. Most recently, he served as an Assistant Commonwealth Attorney for Jefferson County. Prior to moving to Kentucky, he was an Assistant District Attorney for Montgomery County in Pennsylvania. In addition to his litigation experience, he has worked for two U.S. senators and was the Brain Injury Association of America's policy analyst.

Coffey graduated in 2006 from Notre Dame Law School where he was named to the school's moot court team. He earned a Bachelor of Arts degree from Providence College in 1995, as well as a Master of Theological Studies degree from Harvard Divinity School in 2000.

Coffey is admitted to practice law in Kentucky and Pennsylvania, and is a member of the Louisville, Kentucky and Pennsylvania Bar Associations.

About Morgan & Pottinger, P.S.C.

Established in 1974, Morgan & Pottinger, P.S.C., is a full-service law firm representing large and small financial institutions, businesses and individual clients throughout Kentucky and Indiana.

January 28, 2011

M&P Helps Banking Industry Obtain Kentucky Court Of Appeals Decision Reversing $10.6MM Lender Liability Jury Verdict

 In the case of Branch Banking And Trust Company v. Larry and Linda Thompson, No. 2009-CA-00147, the Kentucky Court of Appeals on January 28, 2011, ruled in favor of the lender and reversed a $10.6MM lender liability jury verdict. M&P attorneys John T. McGarvey and M. Thurman Senn participated as counsel for the Kentucky Bankers Association and filed an amicus curiae brief on behalf of the banking industry. M&P’s brief explained the role and importance in commercial lending of the critical document in the case—a forbearance agreement signed by the borrowers that contained a release of claims. This explanation was specifically relied on by the Kentucky Court of Appeals in overturning the trial court’s decision. 

With the help of M&P, the KBA and the lender were able to obtain a favorable ruling from the Kentucky Court of Appeals. Branch Banking And Trust Company v. Larry and Linda Thompson

January 4, 2011

M&P represents citizens group to remedy violations of Clean Water Act

Consent Decree with City of Lexington to remedy long standing violations of Clean Water Act in its operations of sewer system is entered by a Federal Court. This Decree was achieved in substantial part by the efforts of a local citizens group represented by Scott White, an M&P shareholder.
 
Business Lexington: Lexington EPA Consent Decree Signed by Judge
Lexington Herald-Leader: Judge finalizes agreement between Lexington and EPA to overhaul sewers

 

December 10, 2010

M&P’s Hannegan helps to resolve City’s debt to Clients

Morgan & Pottinger clients, Richard Fox, Lee Cotner and Steve Gustafson, represented the City of New Albany, Indiana, in a 1999 case to collect unpaid fees from the Town of Georgetown due under a sewage treatment contract. Georgetown, after seven years of litigation, ultimately paid the City $900,000 to settle the case, but the City then refused to pay its lawyers the one-third contingent fee it had originally agreed to. Fox, Cotner and Gustafson hired M&P’s Garret Hannegan to represent them when the City sued them to have the Floyd Circuit Court determine what, if any, fee was owed. The Court, in ruling on the Counterclaim filed by Hannegan for the firm’s clients against the City, decided that the one-third fee was owed, plus interest, and that decision was upheld on the City’s appeal to the Indiana Court of Appeals in City of New Albany v. Cotner, 919 NE2d 125 (Ind.App. 2009). After the Indiana Supreme Court declined to hear a further appeal, Hannegan filed a motion on Nov. 29 asking for a show cause hearing to have the City report to the Court on what provisions were being made to pay the award, now in excess of $410,000 due to accruing interest. The New Albany City Attorney has now advised that the City hopes to have the Judgment paid by year’s end.

November 9, 2010

1. John McGarvey has been elected to membership to the American Law Institute.
2. Trak America, one of the nation’s largest collection/debt buying companies, has named M&P its large market firm of the year.
3. Scott White was appointed to the Board of Directors for Jubilee Jobs of Lexington.
4. John McGarvey has been named the Southern Region Representative of the Uniform Law Commission’s Legislative Council.
5. Mindy Sunderland and John McGarvey presented a seminar for the Kentucky Bankers Association on September 28, 2010. The topics were “Common Mistakes in UCC Filing” and “Default, Remedies and Enforcement Under Article 9”.
6. John McGarvey has been named the Chairman of the Visiting Committee for the University of Kentucky College of Law.
7. Molly Rose is now licensed to practice in the state of Indiana.
8. John McGarvey has been appointed to Greater Louisville Inc.’s Tax Reform Task Force.
9. Tyler Powell participated in Commerce Lexington’s 2010 Kentucky Regional Tour to South Central Kentucky.

June 18, 2010

1. Mindy Sunderland and Emily Cowles have been named Shareholders to the firm.
2. Eric Jensen and Molly Rose have been named Members to the firm.
3. Morgan McGarvey, formerly the Special Assistant Attorney General for the Commonwealth of Kentucky, has joined the firm as an associate attorney.
4. Brad Salyer has been admitted to practice in Tennessee and Indiana.
5. Morgan McGarvey was accepted to the 2010 Class of Leadership Kentucky.
6. John McGarvey has been appointed to Greater Louisville, Inc.'s Tax Reform Task Force.
7. John McGarvey has been named to the Uniform Law Commission Enactment Committee for the 2010 Article 9 Amendments.