Jennifer M. Barbour

Principal Partner

(502) 625-2787

JBarbour@GrayIce.com

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Jennifer Barbour is a dedicated advisor and litigator, who crafts legal arguments and solutions to help clients resolve complex commercial disputes. She represents shareholders and corporations in derivative claims. She guides shareholders and partnerships through dissolutions, including judicial dissolutions. She defends fiduciaries such as corporate officers, directors, trustees and executors in litigation alleging breaches of fiduciary duties. She also enforces and defends actions arising from non-solicitation and non-compete agreements.

In addition, Jennifer has an active healthcare and privacy practice, advising organizations on a broad range of matters, including employment, HIPAA, privacy, data breaches, security law, licensure, and more. She began her career practicing medical malpractice and personal injury law, where she gained valuable experience representing clients in the courtroom (in both litigation and appeals). She prides herself on helping clients identify and assess risk and creatively overcome challenges.

Jennifer is the author of “Don’t Be ‘Snakebit’: ESI Pitfalls to Avoid,” Bar Briefs (2021), “Advancement Rights in Officer and Director Liability Cases.” Common Defense (2020) and Bar Briefs (2020), “Commercial Motor Vehicle Insurers ‘Beware’ MCS-90 Endorsement Implications,”  The Insurance Research Letter (2016), and “Ex Parte Communications with the Treating Physician in Litigation,” Bar Briefs (2014).

Jennifer M. Barbour Experience

Reported Cases

  • New Oaklawn Investments, LLC v. Lee, 2016-CA-001799 (Nov. 9, 2017)
  • Bardstown Medical Investors, Ltd. v. Dukes, 2013-CA-001783 (Jan. 23, 2015)
  • Crawford v. Marshall Emergency Servc. Assocs., PSC, 431 S.W.3d 442 (Ky. App. 2013)
  • Sonne v. Comm. Med. Assocs., 2010-CA-00031 (June 10, 2011)
  • Walton v. Johnson, 2009-CA-000265 (Apr. 2, 2010)
  • Sandoz Pharm. Corp. f/k/a Novartis Pharm. Corp. v. Gunderson, 279 S.W.3d 93 (Ky. 2008)
  • Hert v. Burton, 2006-CA-002634 (Feb. 22, 2008)

Representative Experience

  • Obtained a defense verdict on behalf of SNF in medical negligence, wrongful death and resident’s rights abuse and neglect case where plaintiff was seeking in excess of $3 million in damages for a significant decubitus ulcer allegedly caused by SNF’s negligence.
  • Obtained Opinion granting Judgment on the Pleadings upholding validity of Shareholders’ Agreement for clients in case alleging conflict of interest and breach of fiduciary duty with trustees and corporate officers and directors.
  • Obtained an Award in Arbitration of nearly $800,000 for clients enforcing advancement of litigation expenses provision in Director Indemnification Agreement contracts between clients and corporation, on which clients served as Board of Director members
  • Obtained an Award in Arbitration of nearly $200,000, including $50,000 in punitive damages, for clients enforcing advancement of litigation expenses provision in Director Indemnification Agreement contracts for clients serving as Directors on Board of Corporation.
  • Advised healthcare organization with regard to significant data breach matter and coordinated reporting to applicable state and federal agencies.
  • Advises healthcare providers concerning regulatory compliance, including Medicare, Medicaid and state regulations.
  • First and Second-chair on approximately 200-250 cases, 15-18 as first chair for medical malpractice, products liability, and personal injury cases.

GRRAND (“Golden Retriever Rescue & Adoption of Needy Dogs”), Board of Director Member, GRRAND Affair and fundraising coordinator, and Foster Home Provider for rescued dogs

Louisville Bar Foundation, Fellow

Louisville Bar Association – member of Leadership Academy Planning Committee

Kentucky Bar Association – member of 2016 Convention Planning Committee, Chair of sub-committee for Convention Sponsorships

Defense Research Institute

Kentucky Defense Counsel – member of CLE Committee

The Legal Aid Society – Associate Campaign Captain; member of LAS’ Young Professional Association Recruitment Committee

2016 Graduate of Louisville Bar Association’s Leadership Academy

Faculty Speaker, Personal Injury Law Seminar, August 2016 – “Negotiation and Settlement of Your Case” and “Ethics in Personal Injury”

Faculty Speaker, 6th Annual Kentuckiana Pulmonary Symposium, July 2017- “Primer on Respiratory Therapy Laws in Kentuckiana”

Kentucky

U.S. District Court, Eastern District of Kentucky

U.S. District Court, Western District of Kentucky

U.S. Court of Appeals, Sixth Circuit

University of Louisville Brandeis School of Law, J.D., 2006

  • Member of the Health Law Moot Court team for two consecutive years
  • Selected as a member of the ATLA trial competition team
  • Pupil member of the Brandeis Inn of Court

University of Virginia, Political Science/Comparative History, B.A., 2003

AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Kentucky Super Lawyers®, business litigation, 2022; personal injury medical malpractice defense, 2021

Kentucky Super Lawyers®, Kentucky Rising Stars®, personal injury medical malpractice defense, 2015 – 2020

Best Lawyers in America®, Medical Malpractice Law – Defendants, 2018 – 2020

Louisville Bar Foundation, Fellow

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