| Born
Louisville, Ky. (1956); admitted
to bar: Kentucky (1981). Admitted
to practice: U.S. Supreme Court;
U.S. Court of Appeals for the Sixth,
Ninth and Federal Circuits; U.S.
Court of Federal Claims; U.S. District
Courts for the Eastern and Western
Districts of Kentucky and Southern
District of Indiana. Education:
Ohio University (B.B.A., summa cum
laude, 1978); Indiana University
(J.D., cum laude, 1981), Associate,
Indiana Law Journal (1979-80).
Trial Attorney, U.S. Department
of Justice, Commercial Litigation
Branch (1984-85). Counsel, U.S.
Senate Committee on the Judiciary
and Legislative Aide to U.S. Senator
Mitch McConnell (1985-86). Associate
(1981-84, 1987), Partner (1988-95):
Brown, Todd & Heyburn.
Practice
Areas: Commercial and constitutional
trials, appeals and arbitrations.
Appellate
Experience
Vic has a broad range of appellate
experience. He has conducted dozens
of appellate arguments before the
various state and federal courts,
including the Sixth, Ninth and Federal
Circuit Courts of Appeals and the
Supreme Courts of Indiana and Kentucky.
He recently was retained by a major
reinsurer to take over the representation
of a firm in the Kentucky Court
of Appeals, after the client had
been found liable for a $27 million
judgment in an earlier trial. In
the Indiana Supreme Court, he has
argued on behalf of a class of bondholders
contesting an Indiana municipal
bond authority’s controversial
decision to escrow a low interest
rate bond issue to maturity. Before
the Kentucky Supreme Court, he successfully
sought and obtained reversal of
a decision that would have denied
a client from developing a major
retail and commercial center in
Jefferson County.
Vic
has also represented various clients
on significant constitutional matters,
drawing on his experience as a member
of the Kentucky Registry of Election
Finance in the mid-1990s and his
earlier service as counsel to the
United States Senate Committee on
the Judiciary. He argued on behalf
of the Minority Leader of the Kentucky
Senate in a challenge on state constitutional
grounds to the 1996 redistricting
by the Kentucky General Assembly.
Later, when a gubernatorial candidate
brought an equal protection clause
challenge to Kentucky’s public
financing law for gubernatorial
elections, Vic represented the Kentucky
Registry of Election Finance in
the United States Supreme Court.
More recently, he successfully brought
an equal protection challenge on
behalf of a group of citizens challenging
the failure of the state General
Assembly to enact constitutionally
valid redistricting legislation
following the 2000 federal census.
Before
helping found FMHD in 1995, Vic
had for eight years been partner
at one of Kentucky’s largest
law firms. There he played a key
role in various major complex proceedings,
including the coordination of multiple
party joint defense arrangements
and the management and trial of
multidistrict litigation. For example,
during 1989 and 1990, Vic was one
of the lead trial attorneys for
a coalition of approximately 100
defendants in a Multi-District Litigation
proceeding in the federal court
for the District of Puerto Rico
arising from a fire at the San Juan
Dupont Plaza Hotel. Initially, Vic
served as one of the lead trial
counsel for a group of third-party
plaintiffs seeking to pierce the
corporate veil of a complex web
of partnerships and corporations
involved with the ownership of the
hotel in which the fire had taken
place. That phase of the litigation
resulted in a successful ten-week
jury trial. Later, Vic coordinated
the discovery and served as co-lead
counsel at trial and was principally
responsible for the trial defense
of the toxicology and pathology
components of the case, as well
as for the defense of several high-profile
product defendants. That phase of
the litigation led to more than
fifteen months of a federal jury
trial, as well as appeals to the
First and Ninth Circuits on novel
issues involving the reach of the
District Court’s subpoena
power in order to compel trial testimony
by satellite from remote locations.
Later,
Vic was one of the key members of
the firm’s litigation teams
involved in defense of silicone
gel breast claims, and was responsible
among other areas for the coordination
of the expert witness and technical
issues involving biomechanics.
In
addition to his private practice
experience, Vic served during the
mid-1980s as a Trial Attorney for
the United States Department of
Justice. There he represented a
wide variety of federal agencies
in commercial litigation across
the country, at both the trial and
appellate level.
Outside
the office, Vic is an avid cyclist
and regularly competes in United
States Cycling Federation sanctioned
events Amateur races, including
both the 2006 and 2007 Masters National
Road Racing Championship events.
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