Leigh Gross Latherow

Leigh Gross Latherow

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

Leigh Gross Latherow is a veteran civil litigator and appellate attorney whose experience includes two appearances as lead counsel before the Supreme Court of the United States, and numerous appearances before the United States Court of Appeals for the Sixth Circuit, the Kentucky Court of Appeals, and the Supreme Court of Appeals of West Virginia. She has served as first chair counsel in multiple federal and state court jury trials and arbitrations. She regularly represents clients before government agencies and administrative bodies, including the United States Department of Labor, Equal Employment Opportunity Commission, Kentucky Civil Rights Commission and Kentucky Education and Workforce Development Cabinet.

Leigh’s litigation and trial experience includes a broad range of areas, including breach of non-compete agreements, wrongful discharge, retaliation, wage and hour, harassment, discrimination, right-of-way disputes, boundary disputes, mineral lease rights, collection matters, Title VII claims, breach of fiduciary duty, premises liability, construction disputes, and medical malpractice defense.

By way of example, Leigh filed suit on behalf of an international distributor against former employees for violation of a non-compete agreement and fraud when they opened a competing business. The jury awarded the distributor more than half a million dollars in damages for the wrongful actions. Leigh regularly represents employers and employees in employment litigation cases. She obtained summary judgment on behalf of an international manufacturer in defense of Title VII discrimination claims against the employer and successfully defended those cases in the Sixth Circuit Court of Appeals. She also represented a plaintiff in a retaliatory discharge case in which the employer offered a few hundred dollars to settle before suit was filed, but paid more than six figures to settle the case shortly before trial.

Leigh has obtained numerous injunctions and summary judgment decisions in federal and state courts on behalf of natural gas producers. In a delay rental case, Leigh obtained a dismissal on summary judgment and successfully defended the summary judgment in the Sixth Circuit Court of Appeals, creating favorable law for the natural gas industry regarding lessee rights.

Recently, Leigh successfully represented a construction company on an insurance coverage question involving in excess of $500,000.00. Leigh successfully argued the coverage question before the Supreme Court of Appeals of West Virginia and obtained summary judgment for the insured in the United States District Court for the Eastern District of Kentucky.

Drawing upon her extensive labor and employment experience, Leigh has developed a strong human resources consulting practice. She teams with her clients to identify and prevent problems in the workplace before they arise. Services to employers include developing employee handbooks and policies, conducting supervisory harassment training, counseling to avoid whistle-blowing and wage and hour claims, conducting harassment investigations, defending unemployment claims, and providing legal advice on employment laws such as the FMLA, Title VII, ADA and ADEA. Applying her experience with these workplace problems, she has developed a human resources law training program and is regularly requested to present those topics to HR managers throughout Kentucky.

Areas of Practice

  • 20% Labor & Employment Litigation
  • 30% Employment Human Resources Consultations
  • 30% Civil & Commercial Litigation
  • 10% Mineral Law Litigation
  • 10% Appellate

Bar Admissions

  • Kentucky, 1993
  • Ohio, 1996
  • U.S. District Court Southern District of Ohio, 1997
  • U.S. District Court Eastern District of Kentucky, 1997
  • U.S. Court of Appeals 6th Circuit, 1999
  • Supreme Court of the United States of America, 2006
  • U.S. District Court Western District of Kentucky, 2012
  • West Virginia, 2013

Education

  • University of Kentucky College of Law, Lexington, Kentucky
    • J.D. - 1993
    • Law Journal: Kentucky Law Journal, Associate Editor, 1991 - 1993
  • University of Kentucky, Kentucky
    • B.S. - 1990
    • Major: Accounting

Published Works

  • Social Media Evidence – Identifying, Gathering and Using Social Media in Litigation, Common Defense (Kentucky Defense Counsel, Inc.), Fall/Winter, 2013

Classes/Seminars

  • Top 10 Questions to Legal Counsel by HR Personnel, 2016, ACTC Workforce Solutions
  • Top 10 Wage and Hour Mistakes, 2016, ACTC Workforce Solutions
  • Top 10 Hiring and Firing Mistakes, 2016, ACTC Workforce Solutions
  • Top 10 ADA Mistakes, ACTC Workforce Solutions, 2016
  • Presentation on EEOC’s Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964, FIVCO Reentry Council, 2016
  • Employee Handbooks, 2015, ACTC Workforce Solutions
  • Regulating Employee Conduct On and Off the Job, 2015, ACTC Workforce Solutions
  • Social Networking in the Workplace, 2013, Ashland Alliance HR Series
  • Employees and Applicants with Disabilities, 2013, Ashland Alliance HR Series
  • Unemployment Claims, 2013, Ashland Alliance HR Series
  • Employee Handbooks, 2013, Ashland Alliance HR Series
  • Proper Classification of Workers, 2015, ACTC Workforce Solutions
  • Interaction Between ADA and FMLA, 2015, Ashland Alliance HR Series
  • Immigration Issues for Employers and Employees, 2014, Kentucky Bar Association, Kentucky Law Update, CLE Presentation
  • Electronically Stored Information –Preservation Requirements…Tools to Preserve and Access It…Consequences of Spoliation, 2012, Kentucky Bar Assocation, CLE Presentation
  • Eric Thompson v. North American Stainless, 2011 , Boyd County Bar Assocation
  • Title VII’s Anti-Retaliation Provision and Third-Party Retaliation Claims, 2010, Federal Bar Assocation, CLE Presentation
  • Social Networking Sites and What It Means to Your Client, 2010, CLE Presentation
  • Employment Law Update: Third-Party Retaliation Claims and Social Networking, 2010, Federal Practice Seminar
  • Speaker at Naturalization Proceedings, 2007, United States Direct Court, Eastern District of Kentucky, At Ashland

Honors and Awards

  • Recognized as Super Lawyer in Super Lawyer Magazine, 2012 - 2014

Professional Associations and Memberships

  • Boyd County Bar Association, Past Treasurer and Past President
  • Kentucky Bar Association, Member
  • American Bar Association, Member
  • Federal Bar Association, Member and Treasurer Kentucky Chapter
  • Energy and Mineral Law Foundation, Member
  • Society for Human Resource Managers, Member
  • Kentucky Defense Council, Member

Past Employment Positions

  • U.S. District Court, Eastern District of Kentucky, Law Clerk, 1993 - 1995 (Hood)
  • U.S. District Court, District of Ohio, Law Clerk, 1995 - 1997 (Holschuh)

Pro Bono Activities

  • Ashland Community and Technical College –Board of Directors, 2016 - Present
  • Wildwood First Church of God – Board of Elders, 2016 - Present
  • Shelter of Hope, Past Board of Directors
  • United States Magistrate Merit Selection Panel, Eastern District of Kentucky, 2014
  • United Way of Northeast Kentucky, Past Board of Directors
  • Sarah’s Place, Past Board of Directors
  • Big Brothers and Big Sisters of the Tri-State, Past Board of Directors, 2006 - 2013
  • Legal Aid of the Bluegrass, pro bono assignments