Kimberly S. McCann

Kimberly S. McCann

Partner
Location:
Ashland, Kentucky
Phone:
606-618-0698
Fax:
606-329-0490
Email:

Kim was selected to serve as one of only eight individuals in Kentucky as an Executive Board Member of Shaping our Appalachian Region, Inc. (SOAR) which is chaired by Governor Matt Bevin and U.S. Congressman Hal Rogers, Chairman of the Appropriations and Revenue Committee. She also assisted with the business organization and formation of SOAR as a legal entity. Kim’s primary areas of practice involve representing large and small size manufacturers and businesses, which may include business organization, real estate, personal property, banking, lending, tax, economic development incentives, energy, oil and gas, franchises, government relations, and ownership transfers.  In the oil and gas area, Kim has represented clients regarding pipeline locations, leases, mineral fee interests, escrows, title disputes, eminent domain, ownership analysis, and royalty disputes.  She has also litigated business and real estate related matters throughout eastern Kentucky and before the Kentucky Court of Appeals and Supreme Court of Kentucky.
 
In the government relations and regulatory arena, Kim has advised clients on transportation, tax audit resolution, economic development, administrative procedures, permitting, energy, utility, environmental, and labor matters.  Kim has served as a registered legislative agent for large manufacturers before the Kentucky General Assembly.  This representation includes economic development, tax, transportation, environmental, and utility legislation.

Kim represented a major oil and gas producer and transportation company in royalty, pipeline, and eminent domain litigation and has provided primary business representation and advice to a large oil and gas distributor business throughout eastern and central Kentucky as well as southern Ohio.  This representation includes day to day advice on various questions and legal counsel for all real estate acquisitions and negotiation of dealer contracts and leases for operations. Kim negotiated and completed acquisition on behalf of her client of all business assets in Bankruptcy.  The acquisition was for a price of 10 million dollars and included negotiating the purchase of more than 30 retail outlets, all personal property, and all rolling stock, securing the necessary financing, and transferring clear title to all assets within 30 days in compliance with the order from the Bankruptcy Court.
 
Kim provided the real estate advice and title work for the transfer of an industrial facility to a joint venture which involved over 100 separate tracts of real estate which had been acquired, divided, and operated for almost 75 years.   Additionally, Kim has provided counsel and legal services necessary for the purchase of a 1500 area “greenfield site” for the construction of a manufacturing facility in Northern Kentucky which included the issuance of title insurance and negotiation with lenders.

Areas of Practice

  • Governmental Law
  • Energy and Environmental Law
  • Corporate Law
  • Real Estate Law
  • Business Litigation
  • Banking
  • Business Transactions

Bar Admissions

  • Kentucky, 1986
  • Ohio, 1990
  • U.S. District Court Eastern District of Kentucky
  • U.S. Court of Appeals 6th Circuit
  • U.S. Supreme Court

Education

  • University of Kentucky College of Law, Lexington, Kentucky
    • J.D. - 1986
  • Eastern Kentucky University, Richmond, Kentucky
    • B.S. - 1982

Professional Associations and Memberships

  • Leaders of the New Century (Kentucky 40 Leaders under 40) - Shakertown Roundtable
  • Northeast Kentucky, 2009 Legal Services Advocate of the Year
  • United Way of Kentucky - Outstanding Kentucky Volunteer Award
  • 2001 YWCA Members Award
  • Leadership Kentucky, Class of 1995
  • Kentucky Bar Association, Past CLE Commission Chair
  • Kentucky Bar House of Delegates, Past Member
  • Kentucky Supreme Court Rules Committee
  • Kentucky Judicial Council
  • Ohio Bar Association
  • Boyd County Bar Association
  • Energy and Mineral Law Foundation
  • Kentucky Environmental Quality Commission, Past Commissioner

Pro Bono Activities

  • Governor’s Postsecondary Education Nominating Committee, Chairman
  • King’s Daughters Medical Center, Board of Directors
  • Foundation for the Tri-State, Board of Directors
  • Ashland Area YMCA, President and Board of Directors
  • Paramount Arts Center, President and Board of Directors
  • King’s Daughters Medical Center Health Foundation, Board of Directors
  • Rotary Club of Ashland
  • The Boyd County Public School Foundation for Children, Board of Directors and Past Secretary
  • Northeast Kentucky United Way, Past President and Board member