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Partners

Mitchel T Denham

PARTNER

Mitchel assists clients with health care regulatory matters, state & federal government investigations, open records issues, general civil litigation, election law, environmental law, white collar crime, and a variety of other matters.

Prior to joining the firm, Mitchel was the Assistant Deputy Attorney General in the Kentucky Office of the Attorney General where over his tenure he supervised nearly every division in the office handling the most sensitive and high profile matters.  These matters included litigation involving pharmaceutical companies and medical device manufacturers, successful challenges to the Kentucky Governor’s executive authority, challenges to the Environmental Protection Agency’s regulations, and the prosecution of numerous state and local officials.  While at the Attorney General’s Office, Mitchel oversaw the divisions which enforce non-profit organizations, election laws, environmental law, Medicaid fraud, open records laws, utility rate making, and criminal investigations, prosecutions, and appeals.  Mitchel also co-authored and numerous regulations including the controlled substance prescribing standards and the pain clinic regulations.  Mitchel sat as the Attorney General’s designee on various boards such as the Public Pension Oversight Committee, the Recovery Kentucky Task Force, and the KASPER Advisory Council.

Mitchel is also a former assistant Commonwealth’s Attorney where he was a deputy division chief and the senior narcotics prosecutor.  Mitchel was the lead prosecutor on numerous large scale criminal syndication cases.

Throughout his legal career, Mitchel has practiced and argued before numerous state and federal courts including arguing before the Kentucky Supreme Court.  Mitchel is admitted to practice law in Kentucky, the Kentucky Eastern and Western Districts, the Sixth Circuit, the DC Circuit, and the United States Supreme Court.  Mitchel has tried over twenty-five cases to verdict.

Mitchel has worked closely with state and federal agencies learning the intricacies of government regulations and enforcement actions.  This unique experience enables him to assist clients with any government regulatory or enforcement issue they may face.   Upon joining TMS, Mitchel was profiled in Louisville Business First. 

Mitchel recently advised a nationwide laboratory consulting group regarding compliance with federal and state anti-kickback statutes.  Further, Mitchel recently represented a physician before the Kentucky Board of Medical Licensure, winning a dismissal of all claims against her.  He also recently advised an MRI company regarding compliance with Kentucky Certificate of Need and Licensure requirements.  In addition, Mitchel recently assisted a nursing home operator with a regulatory issue before the Kentucky Office of the Inspector General.

Mitchel is active in the Louisville community.  He serves as Treasurer of the Norton Children’s Hospital Foundation and is a regular volunteer with the Juvenile Diabetes Research Foundation and the Owl Creek Community.

Prominent Cases:

·        Beshear v. Bevin, Franklin Circuit Court, 16-CI-738, lead counsel challenging the Governor’s removal of members of the University of Louisville Board of Trustees.  Successfully argued for a declaratory judgment, and both a temporary and permanent injunction in Circuit Court.

·        Beshear v. Bevin, 498 S.W.3d 355 (2016), co-lead counsel successfully challenging the Governor’s budget reductions to Kentucky’s public universities. 

·        Arkansas v. Delaware, United States Supreme Court, 580 U.S. 146 (2016), lead counsel for the Commonwealth of Kentucky successfully seeking original jurisdiction in the United States Supreme Court regarding a interstate dispute over unclaimed property.

·        Elliott v. Bevin, Franklin Circuit Court, 16-CI-656, lead counsel challenging the Governor’s "reorganization” of the Kentucky Retirement System’s Board of Trustees.

·        Co-lead counsel successfully recovering total of $100 million for the Commonwealth for a foreign automobile manufacturer’s fraudulent use of "defeat devices” in its "clean diesel” engines.

·        Lead counsel filing motion to intervene on behalf of the Office of the Attorney General in the Kentucky Supreme Court regarding a declaratory judgment appeal.

·        Conway v. Purdue Pharma et. al., Pike Circuit Court, 07-CI-1303, lead counsel in lawsuit against Purdue Pharma for its illegal marketing of OxyContin.  Argued the case before the Kentucky Supreme Court and the Western District of Virginia. Secured a settlement for the Commonwealth for 50 times more than any sister state’s share.

·        Co-lead counsel representing the Commonwealth as intervening plaintiffs against pharmaceutical company for its alleged fraudulent pricing of an antacid drug.

·        Commonwealth v. Johnson, 423 S.W.3d 718 (2014), prepared                    Attorney General for oral arguments in a case which established the        Office of the Attorney General’s authority to investigate criminal               activity.   

·        Commonwealth v. Eaton, Campbell Circuit Court, 14-CR-322, lead counsel successfully prosecuting former Northern Kentucky University Athletic Director for stealing over $300,000 from the University.

·        Lead counsel on Medicaid fraud case against managed care organization’s third-party administrator, recovering treble damages of over $2 million for their alleged inflation of cervical cancer screening outcomes.

·        Commonwealth v. Piercy, et al., Jefferson Circuit Court, 08-CR-2082, lead counsel successfully prosecuting a large scale criminal syndication importing methamphetamine into Louisville Metro.

·        Lead attorney for the Commonwealth of Kentucky in various environmental cases involving regulations promulgated by the Environmental Protection Agency.

 

Recent Articles, Presentations, and interviews:

·        "Former AG attorney becomes partner in Louisville law firm,” Chris Larson, Louisville Business First, January 5, 2017.  http://www.bizjournals.com/louisville/news/2017/01/05/former-ag-attorney-becomes-partner-in-louisville.html

·        "U.S. Supreme Court rules in Kindred arbitration case,” Chris Larson, Louisville Business First, May 17, 2017.  http://www.bizjournals.com/louisville/news/2017/05/17/u-s-supreme-court-rules-in-kindred-arbitration.html

·        "Three issues to consider when prescribing Suboxone in Kentucky,” Medical News, March 23, 2017.  http://www.medicalnews.md/three-issues-to-consider-when-prescribing-suboxone-in-kentucky/

·        "Responding to Government Enforcement Actions,” Kentucky Association of Health Care Facilities Annual Conference, April 23, 2017

·        "Combatting Prescription Drug Abuse & Prosecutor Advisory Council’s Rocket Docket Initiative,” Prosecutor’s Advisory Council Annual Conference, August 18, 2015

·        "Prescription Drug Abuse,” Moderator, AGEP Public Policy Conference on Federalism and the Pharmaceutical Industry, George Mason Law & Economics Center, March 26, 2015.

·        "Fighting Drug Abuse,” National Association of Attorneys General, Summer Meeting, Mackinac Island, Michigan, June 3, 2014


CONTACT INFORMATION:

mdenham@tmslawplc.com

502-357-1922

EDUCATION:

Centre College (2000)
University of Kentucky School of Law (2003)

Licensed in Kentucky

PRACTICE AREAS:

Healthcare Litigation, Government Regulation and Enforcement, Education Law, Environmental Law, Election Law, Non-profit Law, White Collar Criminal Law 

Staff Contact:

Amy Gilmet
502-357-1901
agilmet@tmslawplc.com