Bart L. Greenwald

Founder/Partner

Litigation

bgreenwald@dgg-law.com

Bart is a Louisville native, and is a seasoned litigator who transferred a successful commercial litigation practice at an AM Law 200 firm to become a founding Member of Duncan Galloway Greenwald PLLC.

Bart’s experience focuses on counseling local, national and international corporations in actions involving breach of contract, fraud, negligence, the UCC, defamation and sales disputes (from both plaintiff and defense perspectives). His experience also includes complex arbitration and mediation matters, having served as counsel for Fortune 500 companies as well as local small and medium-size businesses.

Bart also is a trained mediator, having successfully completed an AOC-sanctioned 40-hour course in the facilitation method of mediation. He also is well versed and experienced in the negotiation and evaluative techniques of mediation.

Bart is the head of the DGG litigation practice and served as Vice Chair of Frost Brown Todd’s Complex Litigation Group and Chair of the firm’s Financial Institutions Litigation Group. On a national level, Bart is one of only two Kentucky lawyers currently serving in Leadership of the American Bar Association Section of Litigation, having been elected by his peers to serve on the organization’s governing board. He also was elected by his peers to serve as chair of the Kentucky Bar Association Civil Litigation Section.

An active civic volunteer, one of Bart’s proudest accomplishments came in 2015 when he founded Project H.E.L.P. – Louisville, a program that trains, funds and mobilizes local attorneys to help the homeless with their legal needs. The initiative led to Bart being named a 2015 Outstanding Volunteer Lawyer by the Legal Aid Society of Louisville. Bart is the current Board Chair of the Legal Aid Society. Bart was also named the University of Louisville Brandeis School of Law Alumni Fellow (Alumni of the Year) in 2021.


REPRESENTATIVE CASES

Capital Holdings 234, LLC v Advocate Consulting Group, PLLC (E.D. KY 2017), Won full dismissal by

U.S. District Court in breach of contract and professional malpractice matter. Decision helped establish precedent concerning claims made outside of contract pursuant to “independent duty” rule and how to avoid such claims.

Butchertown Neighborhood Ass’n et al. v. JBS USA, LLC, et al., Kentucky Court of Appeals 2015). Affirmed lower court decision for client pork- producing plant against neighborhood association that upheld grant of modified conditional use permit.

Ragle v. Monticello Banking Company (W.D. KY 2014). Won full dismissal on summary judgment for community bank on claims of bank mishandling account funds, including violations of Reg O, Unfair and Deceptive Practices Act, RESPA and UCC.

Cogent Solutions Group, LLC v. Hyalogic, LLC, 712 F.3d 305 (6th Cir. 2013). Won U.S. District Court opinion and 6th Circuit appeal in breach of contract action against product manufacturer, including award of attorney fees.

Carmical v. Home Federal Bank, Harlan Circuit Court. Jury Trial (2013). Won directed verdict for community bank in tortious interference and fraud action. Upheld by Kentucky Court of Appeals (discretionary review denied by Kentucky Supreme Court).

Camp v. The Muhammad Ali Center, 2012 Jefferson Circuit Court. Won full summary judgment dismissal in breach of contract action against international non- profit agency.

Nelson v. Baker, Kentucky Court of Appeals, 2011. Won reversal for local Baptist church in case involving constitutional law questions regarding church membership and disclosure issues.

Western Kentucky Coca-Cola Bottling Co. v. Red Bull North America, 2010 WL 65029 (W.D. KY. 2010).

Won full summary judgment dismissal for international beverage manufacturer against former distributor in $14 million breach of contract and fraud action.

Sutton v. Hopkins County, 2009 WL 3834069 (W.D. Ky. 2009). Secured a $3 million settlement on behalf of former county inmates who alleged they were improperly strip searched upon entry and release from jail.

Ford v. Beasley, 148 S.W.3d 808 (Ky. Ct. App. 2004). Won breach of contract action to enforce settlement agreement; upheld by Kentucky Court of Appeals (established precedent in Kentucky regarding attorney’s role in settlement negotiations).

Rivermont Inn, Inc. v. Bass Hotels Resorts, 113 S.W.3d 636 (2003) Won full dismissal, which was held up on appeal, in a fraud, promissory estoppel and breach of contract case involving a hotel chain and a potential franchisee (established precedent in Kentucky regarding promissory estoppel issues).

Western Funding, Inc. v. Franklin Career Services,

U.S. District Court, Las Vegas, Nevada (2002). Trial. Defense verdict in $1 million breach of contract action between funding source and proprietary school.

Jeffrey v. KFC Foodservice Purchasing Co-op, Jefferson Circuit Court, Jury Trial (2000). Defense verdict in $10 million breach of contract/fraud action against national food purchasing cooperative.

Mall St. Matthews v. DeGrella Tile, Co., Jefferson Circuit Court, Jury Trial (1997). Plaintiff’s verdict in large construction dispute.

PROFESSIONAL EXPERIENCE

  • Duncan Galloway Egan Greenwald, PLLC – January 2016-present
    Founding Partner
  • Frost Brown Todd, LLC, Louisville, Kentucky – 1994-2015
    Partner 2001-2015
    Associate 1994-2000
  • Sarasota Herald-Tribune, Bradenton, Florida – 1990-1991
    Reporter
  • Bradenton Herald, Bradenton, Florida- 1987-1990
    Reporter

EDUCATION

  • Louis D. Brandeis School of Law, University of Louisville, 1994, J.D., cum laude
  • University of Maryland, College Park, 1987, B.S., Journalism and English


BAR & COURT ADMISSION

  • Kentucky, 1994
  • Sixth Circuit of Appeals, 1998
  • Ninth Circuit Court of Appeals, 2003

U.S. District Court

  • Western District of Kentucky, 1995
  • Eastern District of Kentucky, 1995
  • District of Nevada, 2002


    PRESENTATIONS AND PUBLICATIONS

    • “‘Good Faith” in the Binary World – American Bar Association, June 2015
    • Practical Tips for Jury Selection in Civil Litigation – Kentucky Bar Association, Louisville, KY, October 2014
    • Rantings of A Partner … and Pushback from the Associate – Editor. ABA Publishing, 2011
    • Directors and Officers Liability: Are you at risk? – Kentucky Bankers Association Spring Convention, April 2010
    • Directors and Officers Liability: A Refresher Course – Louisville Bar Association, February 2010
    • CEO and CFO Banking College – Kentucky Bankers Association, October 2009
    • Harnessing the Winds of Change to Bring Balance and Meaning to the Workplace
    • ABA Annual Conference, New York, NY, August 2008
    • Hiding the Ball – Preparing Expert Reports
    • ABA Annual Conference, San Francisco, CA, August 2007
    • Beyond Zubulake: The Brave New World of Electronic Discovery Revisited
    • ABA Section of Litigation Annual Conference, New York, April 2005
    • Hot Topics in Business Litigation
    • American Bar Association Corporate Counsel Meeting, February 2004
    • Electronic Discovery in Litigation
    • Louisville and Kentucky Bar Associations, June 2002
    • Legal Obligations for Conducting a UCC Search Kentucky Bankers Magazine, March 2008
    • Fidelity Bonds and Manifest Intent Kentucky Bankers Magazine, October 2006
    • A Bank’s Bond Claim: Proving Manifest Intent Can be a Matter of Fact
    • ABA Commercial and Business Litigation Journal, Summer 2003
    • A Bank’s Bond Claim: Proving Manifest Intent Can be a Matter of Fact
    • Kentucky Bankers Magazine, October 2003
    • Trust or Fiduciary: Sallee Give the Courts Good Ammunition to Rule as a Matter of Law
    • Kentucky Bankers Magazine, Summer 2002 Equitable or Promissory Estoppel: An Important Distinction
    • ABA Commercial and Business Litigation Journal, Summer 2001

    RECOGNITION

    • AV® Preeminent™ Rated, Martindale- Hubbell®
    • The Best Lawyers in America©, 2012 – 2015
    • Kentucky Super Lawyers®, 2013 – 2023
    • Legal Aid Society of Louisville Outstanding Volunteer Lawyer – 2015

    CIVIC/CHARITABLE ORGANIZATIONS & PRO BONO ACTIVITIES

    • The Greenwald Family Endowed Scholarship for Legal Aid – 2019 to present
    • Project H.E.L.P. (Homeless Experience Legal Protection) Louisville – founder, 2015 – present
    • Legal Aid Society of Louisville, Board of Directors, 2016 -present Board Chair 2023 – present
    • Louisville Collegiate School, Board of Trustees, 2008 – 2017
    • Kentucky Derby Festival, Board of Directors, 2006 – 2013
    • Jewish Hospital Healthcare Services, Board of Directors, 2004 – 2006; 2007 – 2012
    • Jewish Heritage Fund for Excellence, Board of Directors, 2012 – 2013
    • Jewish Hospital/Four Courts Senior Center, Board of Directors, 2002 – 2006
    • Leadership Louisville, Class of 2002
    • Leadership Louisville, Board of Directors, 2002 – 2003
    • CASA Project of Jefferson County, President, 2002 – 2003; Vice President, 2001; Board of Directors, 1995 – 2004; Volunteer, 1992 – 2002
    • Louisville Theatrical Association, Board of Directors, 2000 – 2002