Monica is a Member at Stoll Keenon Ogden and has been with the firm since 2009. She is a member of the Business Litigation practice with a focus on Intellectual Property Litigation, Business Torts, and Class Actions, as well as the Utility and Energy Practice. Monica's litigation practice ranges from representing Fortune 500 companies to small, locally-owned businesses. She has experience in all levels of state and federal courts, and has had the rare honor of practicing before the United States Supreme Court in a case that determined who can bring claims under the Lanham Act, a federal trademark statute. In addition to intellectual property litigation, Monica has experience with appeals, breach of contract matters, antitrust issues, construction disputes, liens, banking litigation, eminent domain, constitutional law, and bond disputes.
As part of her Utility and Energy practice, Monica represents investor-owned electric, water, and gas utilities in complex regulatory proceedings before the Kentucky Public Service Commission and Tennessee Public Utilities Commission. Monica has extensive experience with rate proceedings and certificate of public convenience and necessity matters.
In addition to being a member of Benchmark Litigation's "Under 40 Hot List," Monica is recognized as a "Leading Lawyer for Business" by Chambers USA in the area of Utilities Law, and as a Kentucky Super Lawyers Rising Star in the area of Energy & Resources.
Selected work highlights include:
Patent Infringement, False Advertisement & Antitrust - Lexmark International, Inc. v. Impression Products, et al., Case No. 10-564-MRB (S.D. of Ohio). Represented Lexmark with co-counsel Sidley Austin LLP and Banner & Witcoff in a closely watched patent case at the Federal Circuit Court of Appeals. In a dispute brought by Lexmark over remanufactured printer cartridges, the Federal Circuit held in Lexmark's favor on domestic and international patent exhaustion issues.
Constitutional Law - Jerry Jamgotchian v. Kentucky Horse Racing Commission, et al., Civil Action No. 11-CI-01047. SKO represented the Kentucky Horse Racing Commission in a dormant commerce clause challenge filed against it by a thoroughbred owner regarding an industry-standard regulation pertaining to the purchase of horses in claiming races. SKO obtained summary judgment upholding the constitutionality of the regulation, which was affirmed on appeal by the Kentucky Court of Appeals. The Kentucky Supreme Court accepted discretionary review. Following briefing and oral arguments before the Kentucky Supreme Court, the Kentucky Court of Appeals' ruling in the Commission's favor was affirmed in a unanimous published opinion.
Last updated: July 2018