Andrew R. Smith

Biography

Andrew offers a unique blend of services to his corporate clients because he not only handles complex litigation in varied forums, but he also frequently advises clients with respect to corporate governance, mergers, and acquisitions, ensuring business continues to run smoothly. In this way, he helps protect his clients’ legal position on the front-end and can defend them if litigation ensues. Andrew is proud to be able to use his legal skills to help Kentucky businesses—whether it be a small, family-owned sole proprietorship, a Fortune 500 company operating in Kentucky, or anything in between.

Andrew understands that litigation can oftentimes be unpleasant, and he takes on that burden so that
his clients can focus on running their businesses. Andrew’s litigation acumen has not gone unnoticed.
Opposing parties have referred him future clients, his colleagues ask him to prepare them for oral
arguments, and one former opposing counsel even uses a brief Andrew wrote to train new attorneys.
Andrew’s best corporate counsel services don’t stop at answering difficult questions from his most
sophisticated clients, he is happy to help new entrepreneurs understand what questions to ask. Now,
Andrew is offering those same excellent legal services to businesses involved in Kentucky’s renewable
energy industry. As a member of the EMLF Renewable Energy Task Force, Andrew is at the forefront of
this new and changing legal scene.

Few people have as much pride in a place as Andrew Smith has for his home state of Kentucky. A
Lexington native, it only took three years of living out of state to attend Wake Forest University School
of Law for Andrew to realize he was meant to live and stay in the Commonwealth of Kentucky. Andrew
did not just move back to Kentucky to work. He moved back because it is where his family and home
will always be. When Andrew is not in the office, you can find him at the Lexington Farmers Market with
his family on Saturday mornings, cheering on the Cats at Commonwealth Stadium, kayaking the Forks
of the Elkhorn, or duck hunting in a blind in Hickman. Andrew has devoted much of his free time to
improving his neighborhood and community. He has served as the President of the Ashland
Neighborhood Association and a board member of the Ashland Park Neighborhood Association.
Andrew has used his minor in Lexington History (yes, that was an ad hoc option at Transylvania
University), to serve on the LexHistory Talks! Committee for the Lexington History Museum, bringing
speakers to discuss everything from the Bluegrass’ unique woodland pastures to the underground
railroad. Andrew also served as the President of the Central Kentucky Ducks Unlimited for several years
and continues to be an avid supporter of that organization.

Click Here to read the EMLF Spotlight with Andrew Smith

Representative Experience

  • Secured arbitration win on behalf of shareholders in derivative shareholder arbitration related to commercial lease issues
  • Represented purchasers’ group in leveraged acquisition of major municipal district energy system
  • Secured, and successfully defended on appeal, judgment on behalf of a mine operator against $23,000,000 claim of mine subsidence brought by major big box retailer in Hopkins Circuit Court
  • Secured judgment on behalf of general contractor in connection with $68,000,000+ development of major historic building in Louisville’s urban core
  • Obtained declaratory judgment for clients defeating onerous restrictive covenants, allowing for clients to open a new business; successfully defended declaratory judgment at the Kentucky Court of Appeals
  • Advised Kentucky county on zoning ordinances to allow for utility scale solar development
  • Assisted shareholders in bringing a derivative suit and ultimately obtaining summary judgment against CEO and former United States Representative related to bribes exchanged between the two; successfully defended the judgment at the Sixth Circuit Court of Appeals
  • Defrayed legal costs for clients in a related case by innovating in the qui tam field, using changes in Federal healthcare law to find new means of measuring False Claims Act violations
  • Brought and successfully settled a claim for fraudulent inducement on behalf of purchaser’s group related to franchise asset purchase agreement
  • Counseled nonprofit corporation through amendment of governing documents, debt financing for construction program, and labor and employment matters
  • Obtained sizeable arbitration award on behalf of a real estate venture in a commercial lease dispute
  • Prevailed at jury trial in a highly-publicized wrongful death matter

Licensed In

  • Kentucky

Education

  • J.D. Wake Forest University School of Law
  • B.A. Transylvania University

Memberships

  • Board of Trustees Member, Energy and Mineral Law Foundation
  • Vice President, Bluegrass M&A Professionals
  • Vice President, Ashland Park Neighborhood Association
  • Kentucky Bar Association
  • Member, Central Kentucky American Inns of Court
  • Committee Member and Former Chair, Central Kentucky Ducks Unlimited
  • President, Ashland Neighborhood Association, 2016-2017

Achievements

  • International Finalist, International Environmental Law Moot Court Competition
  • Order of the coif
  • Editorial staff, Wake Forest Law Review
  • Member, Wake Forest Moot Court Board
  • CALI Award: Contracts II, Toxic Torts

Publications

Related Services

Related News & Resources

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