Stites & Harbison, PLLC

Clark C. Johnson

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Clark Johnson is a member of the firm's Business Litigation Service Group, where his practice focuses on complex business disputes and class action litigation.  Mr. Johnson represents business entities, directors, officers, and shareholders in a wide range of litigation.  He has litigated and tried corporate governance and control matters, lender liability claims, shareholder disputes and derivative actions, securities and consumer fraud matters, and franchise disputes, among other matters.  He has litigated cases in twenty-one states.  

Examples of Mr. Johnson's class action work include defending life insurance companies in vanishing premium cases, modal premium cases, DAC tax cases, effective-date cases and interest crediting cases. In addition, Mr. Johnson recently defended FLSA collective actions involving several different industries. Mr. Johnson also has defended class actions against mortgage companies involving payoff statement fees and predatory lending, and TILA claims against credit card issuers.

Examples of Mr. Johnson's experience in securities-related litigation include the defense of a number of securities fraud class actions and shareholder suits, and prosecution and defense of FINRA arbitrations.  In addition, Mr. Johnson has significant experience representing issuers, officers and others in SEC investigations and enforcement actions, and in internal corporate investigations.

Mr. Johnson represents clients across a variety of industries including financial services and banking, transportation, real estate development, food and beverage, hospitality, and manufacturing.

Mr. Johnson is listed in Kentucky Super Lawyers Magazine for 2011-12.

Recent Assignments

• Successfully moved for dismissal of series of shareholder class actions alleging violations of fiduciary duties and seeking to enjoin the merger of two regional banks.  See Cassidy v. CKF Bancorp, et al., (Circuit Court of Franklin County, Kentucky).  The court refused to permit the putative class to engage in any discovery, and the merger transaction was not delayed in any respect by the litigation.
• Successfully argued for affirmation of order denying class certification in case concerning interest crediting on fixed annuities.  See Avritt v. ReliaStar Life Ins. Co., 615 F.3d 1023 (8th Cir. 2010).
• Defeated certification of class and collective claims in FLSA suit against mortgage company. See Oetinger v. First Residential Mortgage Network, 2009 U.S. Dist. LEXIS 61877 (W.D. Ky. 2009).
• Successfully moved for dismissal of Rule 10b-5(a) and (c) claims against supplier in In re Delphi Securities, Derivative, and ERISA Litigation MDL (E.D. Mich).
• Obtained dismissal of a variety of corporate inspection and duty claims brought by purported Reg D investors in coal mining concern.  See 2815 Grand Realty Corp. v. Goose Creek Energy, 656 F. Supp. 2d 707 (E.D. Ky. 2009).
• Obtained summary judgment on fraud claims brought against major utility.  See Walhonde Tools, Inc. v. Allegheny Energy, Inc., 2008 U.S. Dist. LEXIS 77533 (S.D. W.Va. 2008).
• Successfully argued motion to dismiss class action alleging predatory lending practices by mortgage company.
• Represented manufacturer in SEC investigation into trading by a number of manufacturer's officers.
• Successfully argued against class certification in case concerning interest crediting practices for fixed deferred annuities.  See Avritt v. ReliaStar Life Ins. Co., 2009 U.S. Dist. LEXIS 14000 (D. Minn. 2009).
• Obtained summary judgment for railroad tank car company, defeating claims arising from major train derailment and hazmat release.
• Won dismissal of a series of nationwide class actions against major life insurance companies challenging calculations of premium due dates.
• Represented officers of mid-cap medical devices company in series of shareholder suits, SEC formal investigations and Department of Justice interviews.
• Obtained a directed verdict for the defendant in a legal malpractice lawsuit against a major national law firm.

Recent Speaking Engagements and Publications

• "Preparing for and Guarding Against the Zero Sum Conflict in Litigation," 2010 Annual Review of Ethics & Professionalism, American Bar Association, Section of Litigation, April 2010
• "Expert Reports," a chapter in Litigators on Experts, American Bar Association, Section of Litigation (ABA 2010)

Before Stites & Harbison

Prior to joining the firm, Mr. Johnson was an associate (1996-2001) and then an equity partner (2002-2004) at Jenner & Block LLP in Chicago. Mr. Johnson began his legal career as a law clerk to the Honorable S. Hugh Dillin, United States District Court for the Southern District of Indiana, Indianapolis Division.