Darren embry

DARREN L. EMBRY
Managing Member

 

Darren L. Embry is a Managing Member of the Firm. He focuses his practice in the areas of Real Estate, General Business Formations and Transactions, Civil Litigation and Interstate Compacts. He is also a Mediator and Administrative Law Hearing Officer.

Darren is an AV rated attorney in Martindale-Hubbell, a 2014 to 2024 Super Lawyer and recipient of Best Lawyers of America in 2021-2024. Fellow attorneys gave the following evaluations of Darren as an Attorney during the Super Lawyer nomination process –

“Darren is a fantastic attorney who has built his practice and firm on the highest work ethic and professionalism”

“Mr. Embry acts as an administrative law judge for multiple governmental agencies as well as maintaining a respected law practice. He has impressed me on issues as far apart as bonding recommendations to personal injury lawsuits.”

“Amazing Attorney”

“I have used Darren several times as co-counsel and his work product is excellent.”

“Well versed in real estate transactions and commercial litigation.”

“Extremely Versatile”

Litigation

As a litigator and trial lawyer, Darren has participated in over one hundred administrative, bench, and jury trials. He is Counsel to the Kentucky Transportation Cabinet, Kentucky Motor Vehicle Commission, Kentucky Self-Insured Auto Program, and Kentucky League of Cities. Darren also counts Alliance Corporation, Strand Engineering, HMB Professional Engineers, Palmer Engineering, Prime Engineering, QK4, Inc., Twin Lakes Regional Medical Center, Gulf Insurance, and Kentucky Telephone Company among his represented clients.

Darren represented the Kentucky Board of Education in the matter of Kentucky Department of Education vs. Board of Education
of Jefferson County, Kentucky.

At trial, successfully obtained a six-figure verdict on behalf of parent company enforcing non-compete agreement against former employee of recently acquired subsidiary.

Court of Appeals affirmed jury verdict in Gibson v. Morely agreeing that the jury’s verdict which awarded the Plaintiff nominal damages for medical bills did not error when it failed to award the Plaintiff damages for pain and suffering.

Darren represented Seventeen (17) Plaintiffs and achieved a successful settlement against the Martin County Coal Company stemming from one of the largest environmental disasters in the history of the United States.

Darren successfully defended Gulf Insurance Company in over eight (8) years of litigation against a contractor and the Fayette County Public Schools related to a construction dispute.

Darren defended the master developer of the downtown Bowling Green Tax Increment Finance District in multiple cases over a period of years, each resolved successfully and resulting in the completion of “The Wrap” surrounding Bowling Green Ballpark.

Darren represented multiple deputy jailers on two occasions against two Barren County Jailers over years of litigation. In that capacity he achieved a successful settlement on both occasions on the eve of trial.

Represented Texas Eastern Gas Company in defense of claims, purchase or real estate and mitigation of damages related to natural gas pipeline explosions in Lincoln and Fleming Counties. 

Successfully represented international premium beer manufacturing and packaging company in litigation against multinational corporate manufacture.

Darren has successfully achieved six figure settlements on behalf of over a dozen individuals in his career.
As a former member of the Kentucky Defense Counsel and the Kentucky Justice Association, Darren is equally adept at representing you, your business, or your company.

Business Formations and Transactions

Darren has represented numerous businesses with values ranging from hundreds of thousands of dollars to tens of millions of dollars in asset and stock transactions.

Represents local shopping center owner in all matters related to operation. 

Acted as Counsel to the purchaser of a minor league baseball team, stadium and accompanying land.

Represented trucking company in corporate restructuring and in multiple collection matters necessary to maintain viability of business.

Represented midsize law firm in the successful removal of member as well as subsequent civil suit and corporate restructure. 

Formerly represented Twin Lakes Regional Medical Center prior to acquisition by Owensboro Health.  Continue to represent numerous clinics and physicians in contractual and health care related matters.

Represented purchaser in acquisition of multi-location funeral home business.  

Represented purchaser in the acquisition of multiple physical therapy clinics. 

Represented Seattle based venture capital group in acquisition of multiple car washes across Kentucky.

Real Estate

Darren has conducted thousands of real estate transactions. Most notably, Darren has been Counsel to the Commonwealth of Kentucky on the Bridging Kentucky and Kentucky Wired projects as well as in the acquisition of the 54,000 acre CF Ataya Conservation Easement. Further, he has been lead counsel in the purchase and condemnation of property for the Commonwealth of Kentucky on the following Kentucky Road Projects:

Barren County – KY 1297 Project

Bourbon County – US 460 Project

Calloway County – US 641 Project

Christian County – US 68 Project

Clark County – Fulton Road Project

Clay County – US 421 Project

Daviess County – KY 331 Project

Estill County – KY 82 Project

Fayette County – New Circle Road Project

Fayette County – Old Frankfort Pike Project

Fayette County – Newtown Pike Extension Project

Grayson County – Byway Extension Project

Grayson County – Grayson Springs Road Project

Green County – Highway 68 Project

Hancock County – KY 3199 Project

Hardin County – KY 222 Project

Hardin County – Shepherdsville Road Project

Hart County – Horse Cave Bypass Project

Hart County – Interstate 65 Project

Henderson County – Interstate 69 Project

Jackson County – US 421/ KY 30 Project

Jessamine County – Highway 27 Bypass Project

Kenton County – US 25/ KY 1072 Project

LaRue County – Interstate 65 Project

Madison County – Highway 52/ Berea Bypass Project

Marion County – Highway 49 Project

Meade County – KY 448/ KY 1638 Project

Muhlenberg County – US 62 Project

Owen County – Owenton – Dry Ridge Project

Owsley County – US 421/ KY 30 Project

Scott County – US 25 Project

Trimble County – KY 2871 Project

Union County – Highway 56 Project

Warren County – US 31W Bypass Project

Further, Darren acted as Real Estate Counsel for the Bond Finance Team on the following projects ranging from $3,000,000.00 to $134,000,000.00:

Adair County Justice Center Project

Allen County Justice Center Project

Ballard County Court Facility Project

Boyd County Justice Center Project

Breathitt County Judicial Center Project

Casey County Justice Center Project

Franklin County Justice Center Project

Grayson County Extension

Cooperative Harlan County Justice Center Project

Hart County Justice Center Project

Hickman County Courthouse Annex Project

Jackson County Justice Center Project

Johnson County Judicial Center Project

Knott County Justice Center Project

Knox County Hospital Project

Laurel County Justice Center Project

Lewis County Court Facility Project

Lincoln County Court Facilities Project

Logan County Justice Center Project

Magoffin County Justice Center Project

Marshall County Justice Center Project

Mason County Court Facilities Project

McCreary County Court Facilities Project

Menifee County Court Facilities Project

Monroe County Justice Center Project

Muhlenberg County Justice Center Project

Pikeville Medical Center Project

Pulaski County Justice Center Project

Rockcastle County Hospital Project

Russell County Justice Center Project

Taylor County Public Courthouse Project

Warren County Justice Center Expansion Project

Washington County Justice Center Project

Wayne County Justice Center Project

Wolfe County Justice Center Project

As Counsel for the Kentucky Fish and Wildlife Department, Darren has facilitated the acquisition of numerous projects. Darren is an agent for Commonwealth Land Title Insurance Company.

Interstate Compacts

EMWN Managing Members Darren Embry and Samantha Nance currently provide representation to the Military Interstate Children’s Compact Commission as well as the Interstate Teacher’s Mobility Compact (an interstate licensure commission comprised of delegates from state licensure boards from each member state). In this regard, they have advised on business of commission and in particular have overseen the proposal, public comment, revision and adoption of rulemaking as well as proposed amendments to authorizing statutes and serving as primary advisory parliamentarian for commission proceedings.

Mr. Embry and Ms. Nance have further been the primary bill drafters, provided legal technical expertise, and acted as legal counsel in the drafting and adoption of interstate occupational licensure model legislation in the following seven professions: Dentists and Dental Hygienists, Social Work, Cosmetology, Barbering, Massage Therapy, School Psychology, and Registered Dietitians. This representation has included all stages of drafting model legislation, providing technical assistance for proposed amendments, and rendering advice on future rulemaking.

Hearing Officer

Darren is currently a Hearing Officer for the University of Louisville, University of Kentucky, Western Kentucky University and Eastern Kentucky University.

Formerly, Darren was a Hearing Officer for the Kentucky Board of Claims, Kentucky Public Protection Cabinet, Kentucky Personnel Board, Kentucky Retirement Systems and the Kentucky Department of Education.

Mediation

Darren is a Civil, Family, and IDEA Mediator as certified by the Kentucky Administrative Office of the Courts. He has an over 90% success rate as a mediator in civil matters.

Pro Bono and Civic Engagement

Darren has acted as counsel to many disadvantaged and indigent people in his community over his more than twenty (20) year legal career.

Counsel to Butterfly Farms, a 501(c)(3) supporting abused and homeless women.

Member, First Baptist Church of Leitchfield

Youth Sports Coach

 

Contact Darren

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Bar Admissions

United States Supreme Court
U.S. District Court, Western District of Kentucky
U.S. District Court, Eastern District of Kentucky
United States Court of Appeals, Sixth Circuit
Commonwealth of Kentucky

Education

J.D., University of Kentucky, 2001
B.A., University of Kentucky 1998
Articles Editor, Journal of Natural Resources & Environmental Law
Research Assistant , Professor Thomas J. Stipanowich
Robert G. Gilliam Scholarship
Class of 1970 Scholarship
University of Kentucky Merit Scholarship

Memberships (Past & Current)

American Bar Association
Kentucky Bar Association
Fayette County Bar Association
Grayson County Bar Association
Kentucky Defense Counsel
Kentucky Justice Association
National Association of Administrative Law Judiciary
Kentucky Association of Administrative Adjudicators
Leitchfield First Baptist Church
2012 Leadership Kentucky class

Decisions

Gibson v. Morely, No. 2004-CA-002226 (Ky. App. 2006)