Douglas McSwain is a member of the Firm’s Litigation & Dispute Resolution Service Team.  He has been a litigator, legal advisor, speaker, and writer for more than 30 years.  He concentrates his practice in constitutional law, business, professional, employment, civil rights, data privacy & security, and trade law. Mr. McSwain also has experience in health care, administrative and equine law.

Mr. McSwain has handled numerous multi-party wage and hour cases both administratively and in litigation.  He has conducted auditing and investigative cases involving the U.S. Department of Labor and the Kentucky Labor Cabinet, as well as multi-Plaintiff cases individually suing or class and collective actions.

Education

J.D., with distinction, University of Kentucky College of Law, 1983

B.A., cum laude, Vanderbilt University, 1979

Distinctions

• Woodward/White's Best Lawyers in America® in the areas of Employment Law - Individuals, Employment Law - Management, Health Care Law, Litigation - Labor & Employment, Litigation - Municipal, and Municipal Law, 2009-present
• Best Lawyers® 2017, 2020 Lexington Employment Law - Individuals "Lawyer of the Year"
• Kentucky Super Lawyers®, 2007-2020, Civil Rights/First Amendment, Employment & Labor, Health Care
• Kentucky Super Lawyers®, 2007-present, Civil Litigation: Defense
• "AV" rated by Martindale-Hubbell

Professional Activities

• Chairman, Joint Local Rules Commission, U.S. District Courts for the Eastern & Western Districts of Kentucky, 1986-2013
• Life Member, 6th Circuit Judicial Conference, 1992-Present
• Central Kentucky American Inns of Court, President, 2015-2016; Counselor, 2013
• Co-Chair, Steering Committee of American Constitution Society for Law and Policy, Kentucky Lawyer Chapter, 2010-Present
• Former General Counsel, National Horsemen's Benevolent Protective Association, Inc.
• 5th District Bar Governor, KBA Board of Governors, 2002-2008
• Chair, Kentucky Bar Foundation, 1998-1999
• Mediation Center of Kentucky, Certified Mediator, 1996-Present
• Member, Child Advocacy Today (CAT) Advisory Board (affiliated with the UK Medical Center)
• Life Fellow, Kentucky Bar Foundation

• Beaven, et al v. U.S. Dep’t of Justice, 622 F.3d 540 (6^th Cir. 2010)(multi-plaintiff litigation under the Privacy Act for employment data security breach)
• Blankenship v. Lexington-Fayette Urban County Government ---S.W.3d ---, 2010 WL 3270045 (Ky. App. 2010) (ongoing multi-party wage and hour litigation)
• Churchill Downs Inc. v. Thoroughbred Horsemen's Group, LLC, 605 F.Supp.2d 870 (WD Ky. 2009)(antitrust and directors and officers liability litigation)
• S.S. v. Eastern Kentucky University, 532 F.3d 445 (6^th Cir. 2008)(disabilities in education and governmental immunity litigation)
• Static Control Components, Inc. v. Lexmark Inter., Inc., 487 F.Supp.2d 861 (ED Ky. 2007)(intellectual property, business, and antitrust litigation)
• Huber Winery v. Wilcher, 488 F.Supp.2d 592 (WD Ky. 2006)(constitutional and business rights litigation)
• United Radio, Inc. v. Wagner, 448 F.Supp.2d 839 (ED Ky. 2006)(trade secret and employment competition litigation)
• Bassett v. National Collegiate Athletic Ass'n., 428 F.Supp.2d 675 (ED Ky. 2006)(antitrust exclusionary litigation)
• Witt v. Eastern Kentucky Univ., 205 S.W.3d 263 (Ky. Ct. App. 2006)(contractual, employment and statutory rights litigation)
• Brandywine, Inc. v. City of Richmond, 359 F.3d 830 (6^th Cir. 2004)(constitutional, business, and municipal rights litigation)
• Lexmark Intern, Inc. v. Laserland, Inc., 304 F.Supp. 2d 913 (E.D.Ky 2004)(intellectual property litigation)
• Williams v. London Utility Com’n, 375 F.3d 424 (6^th Cir. 2004)(disability, employment, constitutional, and municipal rights litigation)
• Glenn R. Womack, M.D., P.S.C v. City of Flemingsburg, 102 S.W.3d 513 (Ky. Ct. App. 2002)(state constitutional and local governmental tax litigation)
• City of Barbourville v. Knox County Fiscal Court, 80 S.W. 3d 765 (Ky. App. 2001)(local governmental tax and statutory credit litigation)
• United States v. Health Possibilities, P.S.C., 207 F.3d 335 (6^th Cir. 2000)(healthcare business and False Claims Act litigation)
• Hayse v. Wethington, 110 F.3d 18 (6^th Cir. 1997)(governmental immunity litigation)
• Griffith v. Wal-Mart Stores, Inc., 930 F.Supp. 1167 (ED Ky. 1996)(disabilities and employment discrimination litigation)
• Crump v. Wal-Mart Group Health Plan, 925 F.Supp. 1214 (WD Ky 1996) (ERISA plan remedies litigation)
• Ky. Div., H.B.P.A., Inc. v. Turfway Park Racing Association, 20 F.3d 1406 (6th Cir. 1994)(Interstate Horseracing Act and constitutionality litigation)
• Washington v. Reno, 35 F.3d 1093 (6^th Cir. 1994)(nationwide class action litigation regarding security and trust fund breaches involving the inmate telephone system)
• McGuire v. Citizens Fidelity Bank & Trust Co., 805 S.W.2d 119 (Ky. 1991)(statutory and business lending rights litigation)

News

Blog Posts

"'Common Sense' Reigns in King," Casetext legal blog, June 27, 2015

"Will Text or Context Reign Supreme in King v. Burwell?" American Constitution Society blog, February 26, 2015

"Legal Forecast:  The Supreme Court Won't Strike Health Reform - Part II," KyForward, Jan 4, 2012.

"Balance of Power," 51 The Blood-Horse 3544, Dec. 17, 2011.

"Affordable Care Act Forecast is for Partly Sunny Skies," KyForward, Dec. 7, 2011.

"Legal Forecast:  The Supreme Court Won't Strike Health Reform - Part I," The Huffington Post, Nov. 30, 2011.

"Health Care Reform is Here!," KyForward, Nov. 16, 2011.

"Acting Up," 29 The Blood-Horse 4004, July 16, 2005.

"Judicial v. Legislative Power in Kentucky:  A Comity of Errors," 71 Ky. L. Journal, 829, 1983.

Co-author "Developments in Crim. Proc." RCr 7.26, An Open File Discovery Rule?," 47 Ky. Bench & Bar 14, 1983.

• Member, Child Advocacy Today (CAT) Advisory Board (affiliated with the UK Medical Center)
• Deacon and Member, Calvary Baptist Church
• Member and Song Leader, Rotary Club of Lexington
• Member, Salvation Army Advisory Board (2001-02