Business Litigation


Goldberg Simpson’s business litigation practice is armed with accomplished and highly respected trial to verdict and judgment litigators. Our litigators have years of experience and superior records in the prosecution and defense of business disputes in mediation, arbitration and in the local, state and federal courts all across Kentucky and beyond. Members of the firm’s business litigation practice have been engaged in complex, multi-district litigation and coordinated state law proceedings, and class actions, involving multiple adversaries in state and federal courts in Kentucky and across the nation.

At Goldberg Simpson, we have the knowledge, skills and experience to vigorously protect our business clients, both large and small, across a broad range of legal issues before and during civil litigation, from counseling through trial and appeal. When there is an option, waiting to consult an attorney until after a dispute arises is not a sound business practice. Business disputes drain time, money, and effort away from more productive uses and, in some cases, may threaten a business’s existence. However, a strong established working relationship with a Goldberg Simpson business litigator is a valuable resource for your side before business disputes arise.

We have successfully litigated business cases involving a myriad of legal issues such as contract disputes, real estate problems, construction issues, business licensing, trade regulation, securities concerns, product liability, failure to warn, employment problems, covenants not to compete, discovery problems over litigation holds and electronically stored information (or “ESI”), environmental concerns, ownership and governance disputes, breach of fiduciary duty, officer and director liability, insurance coverage and bad faith, fraud and deceit, creditor’s rights and collections issues, lender liability, and many more.

At Goldberg Simpson, we are accessible and responsive. We operate 24/7 when the representation demands. We are committed to keeping your business on the move and bringing disputes to a swift and effective conclusion.



Cases of Note

Sixth Circuit affirms $5 million judgment in favor of GS client

The litigation team of Jon Goldberg, Jan West, and Jennifer Luhrs scored a major win for its client and Kentucky’s taxpayers when the U.S. Court of Appeals for the Sixth Circuit today affirmed a lower court’s $5 million-plus judgment. The GS team represented the Commerical Mobile Radio Service Emergency Telecommunications Board (“CMRS Board”), an agency of the Commonwealth of Kentucky that is charged with developing the emergency 911 system for customers in Kentucky. The case is Commonwealth of Kentucky v. TracFone Wireless, Inc.

The U.S. District Court in Louisville had found that TracFone improperly withheld payment of 911 service fees to the CMRS Board, which were required under state law and used to support the statewide emergency 911 system. It then awarded over $5 million in back fees, post-judgment interest, and attorney’s fees to the CMRS Board. TracFone appealed, and argued that the Kentucky E911 statutes under which the service fees were levied did not apply to its prepaid wireless business. The Sixth Circuit disagreed with TracFone, and affirmed the judgment in favor of the CMRS Board.


Labor and Employment attorney, Jan West, discusses the complexities of employment law. Watch as she addresses why employment law can be complex, details common discriminatory practices and what advice she has for both employers and employees.