John W. Bilby

John is a seasoned litigator and a member of Stoll Keenon Ogden’s Business Litigation practice. He also co-chairs the Trust & Estate Litigation practice. John’s career is highlighted by numerous successes in courts, recovering assets and resolving claims for the benefit of his clients.

Recognition

• AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®

• Best Lawyers®, Lawyer of the Year, 2014, 2017, 2018

• Best Lawyers®, Commercial Litigation, Product Liability Litigation-Defendants, Real Estate Litigation, Securities Litigation, Trusts & Estates Litigation, 2007-present

• Kentucky Super Lawyers® Honoree, 2011-2020

• Trust & Estate Attorney of the Year in Kentucky, Global Law Experts, 2015

• Best in Technology Transfer Disputes in Kentucky, Corporate America Awards, 2015

• Trust & Estate Attorney of the Year in Kentucky, Corporate Intl Magazine Global Award, 2014, 2015

• Louisville Magazine Top Lawyer, Business/Commercial Law, 2012-2014; Business Litigation, 2013 and 2014

Legal Practice

In my practice, I litigate business, estate and trust, and fiduciary disputes. I focus on contract disputes involving technology transfers and fiduciary disputes involving banks, trust companies and brokerages. I also represent fiduciaries in disputes with trust beneficiaries over the management of trust assets. My trial experience includes significant cases involving business disputes over computer software and fiduciary matters.

Recent highlights of my career include the following:

• SKO successfully defended a bank against 36 claims for breach of fiduciary duty, breach of contract and negligence brought by seven beneficiaries of two trusts, with an initial demand ranging from $450 million to $1.2 billion. Before trial, SKO obtained a summary judgment, dismissing 10 of the beneficiaries’ claims and reducing their demand to $162 million. Following a three-week trial, the court entered judgment in favor of the bank against the remaining claims. The bank also sought recovery of costs, expenses and attorneys’ fees under the fee-shifting statute of Kentucky’s Uniform Trust Code. The court awarded $2.6 million, more than 95 percent of the amount in the bank’s motion, in one of the first awards rendered by a Kentucky appellate court under the fee-shifting statute.

Looking Ahead

Estate, trust, fiduciary and securities litigation have become a much larger part of our trial practice. The generation now reaching retirement age has accumulated wealth; with it comes claims against fiduciaries, among beneficiaries and against brokerages.

Work Highlights

Estate Litigation

After a 2 ½ week trial in the Bourbon Circuit Court in 2013, obtained a favorable jury verdict setting aside an estate plan on the basis of undue influence and unsound mind and awarding damages exceeding $550,000 for misappropriation of Trust funds.

Related Practices: Trust & Estate Litigation

Abuse of Power of Attorney & Joint Account

SKO successfully represented a trust company appointed as conservator for an individual diagnosed with dementia who had millions of dollars taken from him by his attorney-in-fact (power of attorney) who also fraudulently created joint survivorship accounts. The individual also generated a will in his favor. SKO successfully voided the will and recovered more than $16 million in assets.

Related Practices: Trust & Estate Litigation, Business Litigation, Business Torts

Suitability Claims

SKO successfully represented a bank acting in a fiduciary capacity in pursuing suitability claims against a securities firm. The amount recovered for our client was approximately $10,000,000.

Related Practices: Banking, Securities Litigation, Business Litigation

News

118 SKO Attorneys Named to “2023 U.S. News Best Lawyers® in America”, Aug. 18, 2022

77 STOLL KEENON OGDEN ATTORNEYS HONORED IN “BEST LAWYERS IN AMERICA” 2022 Edition, Aug. 19, 2021

73 Stoll Keenon Ogden PLLC attorneys are recognized in the 2021 edition of the Best Lawyers in America®, one of the most respected legal peer-review guides in the world., Aug. 20, 2020

Kentucky Super Lawyers Recognizes 47 Stoll Keenon Ogden Attorneys, Nov. 27, 2019

SKO Attorneys Recognized Among 2020 Best Lawyers in America®, Aug. 15, 2019

Kentucky Super Lawyers Recognizes 52 Stoll Keenon Ogden Attorneys, Dec. 11, 2018

SKO Attorneys Recognized Among 2019 Best Lawyers in America, Aug. 15, 2018

SKO Named Litigation Firm of the Year for the 5th Time, Feb. 16, 2018

SKO Attorneys Recognized Among Best Lawyers in America, Aug. 16, 2017

Trustee Awarded $2.6 Million From Beneficiaries Who Sued For $1.2 Billion, Mar. 1, 2017

Five SKO Attorneys Recognized Among Top 50 Kentucky Super Lawyers, Nov. 18, 2016

Best Lawyers in America Chooses 61 SKO Attorneys for 2017 Publication, Aug. 30, 2016

Twelve SKO Attorneys Named 2017 Lawyer of the Year by Best Lawyers®, Aug. 29, 2016

30 SKO Attorneys Named “Top Lawyer” by Louisville Magazine, Mar. 2, 2016

SKO Honored as Kentucky’s Litigation Law Firm of the Year; M&A Practice Named State’s Best, Dec. 22, 2015

Lea Pauley Goff and Richard G. Griffith named among Top 50 Kentucky Super Lawyers, Nov. 30, 2015

SKO Attorneys Recognized by Best Lawyers in America® 2016, Aug. 17, 2015

Kentucky Super Lawyers Recognizes 57 Stoll Keenon Ogden Attorneys, Nov. 24, 2014

SKO Attorneys Recognized by Best Lawyers in America® 2015, Aug. 18, 2014

33 SKO Attorneys Named “Top Lawyer” by Louisville Magazine, Mar. 25, 2014

Six SKO Attorneys Receive “Attorney of the Year” Status by Corp INTL, Jan. 27, 2014

Kentucky Super Lawyers Recognizes 42 Stoll Keenon Ogden Attorneys, Nov. 26, 2013

SKO Attorneys Named “Lawyer of the Year” by Best Lawyers, Sep. 24, 2013

SKO Attorneys Recognized by Best Lawyers in America® 2014, Aug. 19, 2013

34 SKO Attorneys Names “Top Lawyer” by Louisville Magazine, Mar. 5, 2013

61 SKO Attorneys Recognized by Best Lawyers in America® 2013, Sep. 7, 2012

Kentucky Super Lawyers Recognizes 31 Stoll Keenon Ogden Attorneys, July 20, 2012

53 SKO Attorneys Recognized by Best Lawyers in America® 2012, Sep. 6, 2011

Kentucky Super Lawyers Recognizes 25 SKO Attorneys, July 25, 2011

53 SKO Attorneys Recognized by Best Lawyers in America® 2011, Aug. 6, 2010

49 SKO Attorneys Recognized by Best Lawyers in America, Aug. 6, 2009

Best Lawyers in America Recognizes 41 SKO Attorneys, June 19, 2008

39 SKO Attorneys Recognized by Best Lawyers in America, Sep. 19, 2007

Affiliations

• American Bar Association

• Indiana Bar Association

• Kentucky Bar Association; Ethics Committee member, 2005

• Citizens for Better Judges, 1989 - present; Advisory Board member, 2017-present