From Our Video Series
Honors & Awards
Kentucky Super Lawyer, Rising Star, 2017
U.S. District Court Eastern District of Kentucky, 2013
U.S. District Court Western District of Kentucky, 2014
Northern Kentucky University, Salmon P. Chase College of Law, Highland Heights, Kentucky, J.D., 2011
University of Kentucky, Lexington, Kentucky, B.A., 2002
- Major: History
Originally from Lexington, Kentucky, I have been involved in the business community for over twenty years. Over the course of my legal career I have become well versed in assisting small businesses with their industry-specific concerns and can address a multitude of considerations when operating a business. As a member of the firm's Litigation department, I focus my practice mainly on business/commercial litigation, bank litigation, estate planning litigation, insurance defense and closely-held business services.
Prior to joining McBrayer’s Lexington office, I spent over 20 years in the restaurant business in Lexington, both as an employee and an owner. Following law school, I focused my practice on Personal Injury law at Walker Law Office, PLLC.
I love Kentucky and the people of Kentucky, with deep roots in both Lexington and Eastern Kentucky. I care about our community as a whole. This love of community is why I chose to join the McBrayer team. McBrayer has deep-rooted Kentucky connections that can help our clients in their efforts and make sure that their legal issues are dealt with in the most efficient and effective way possible. This philosophy is what our team at McBrayer prides itself on.
- Kentucky Bar Association, member, 2012-present
- Fayette County Bar Association, member, 2012-present
News & Insights
- Commonwealth of Kentucky, Court of Appeals, May 20, 2016
Seminars & Speaking Engagements
- Rule 30(b)(6) in Depositions and at Trial May 25, 2017
- When Should I Choose to Form a C Corporation Instead of An LLC? March 11, 2016
- Third Circuit Upholds Authority of FTC to Uphold Data Security September 4, 2015
- Charging Orders on LLCs in Kentucky June 5, 2015
- Member Rights in Kentucky Limited Liability Companies May 1, 2015
- Contract Brewing in a Nutshell March 18, 2016
- Masten Childers, III - Attorney Biography
Small Business Services
Small businesses face unique challenges today and the McBrayer team is wholly committed to helping our clients achieve their business goals. We at McBrayer recognize that no two clients are the same, and therefore we treat each one individually. It is my personal nature to develop long-term relationships with my clients. I will always take the time to look at both the business and the industry from our client’s perspective to establish goals and deal with issues that arise along the way. This enables me to understand how success is measured within our client’s company and then identify areas capable of enhancing the bottom line. Exceptional client service and personal attention make the difference and I guarantee to always take a proactive approach in addressing the needs of our clients’ businesses.
As a prior small business owner, I understand first-hand the unique needs a small business needs in order to succeed. For ten years, I operated and owned Belle’s Bakery, which was a bakery, deli and catering company located in the heart of Lexington’s Chevy Chase area. This experience taught me a lot about what it meant to be a business owner in Lexington. This is a unique value that I am able to bring to my clients today. I am able to take the knowledge that I learned as a small business owner and bring that experience to bear when assisting my clients. The bakery not only taught me how to deal with customers, vendors, employees and the day-to-day operations that not every small business owner has time and resources to handle, but it also taught me how it takes a delicate balance of hard work and knowhow to make your business successful – and I help provide support for that balance. I am the confidant that my business clients can trust and count on, and I genuinely care about them as an individual and business entity.
Our team of litigators at McBrayer has a significant depth and breadth of resources, a commitment to deliver high quality, cost-effective services, and a detailed knowledge of clients’ industries and business concerns.
My client commitment includes being experienced, innovative and aggressive in pursuit of their strategic outcomes. I am diligent to conduct a thorough assessment of my client’s needs and concerns, including involvement from the client in the planning and decision-making and careful consideration of alternative dispute resolution and arbitration processes.
My expertise and experience spans all areas of commercial litigation. I have handled cases involving such claims as breach of contract, shareholder/member disputes, breach of fiduciary duty, breach of non-compete agreement, insurance coverage disputes, slander and libel, tortious interference, and unfair competition.
Regardless of the type of claim, the size of the client, or the complexity of the dispute, the McBrayer team and I have the legal ability, financial wherewithal and level of commitment necessary to successfully represent the interests of any commercial client.
I have assisted corporate clients in litigating and resolving disputes with former members, employees and vendors. Many of my clients have required complex litigation services for which I have provided unparalleled service.
I provide comprehensive commercial and civil litigation support to financial institutions and private lenders. My practice ranges from prosecuting claims against borrowers, defending financial institutions in a wide variety of matters and providing litigation support to private equity lenders, mezzanine lenders, and other niche financial companies.
I also have extensive experience defending banks and finance companies in a wide range of litigated matters, including regulatory actions, Uniform Commercial Code (UCC) litigation, title insurance claims, lender liability in foreclosure, usury claims, and other lawsuits and counterclaims.
Estate & Trust Litigation
A will is supposed to make clear the wishes of the deceased, but in many cases the document is ambiguous or erroneous as to the decedent's true desires. A disputed will often pits family members against each other, which can escalate into a bitter and drawn-out legal battle.
I have handled estate and trust litigation throughout the state of Kentucky. Not only can I intervene to resolve issues and assist with the administration when the parties are amenable, I will provide strong representation as a formidable opponent in court during contested probate proceedings. I represent beneficiaries of the estate in protecting their inheritance. I also represent excluded heirs or prior beneficiaries, such as a sibling or spouse who was unfairly slighted or cut out of the will entirely. I have initiated and defended many will contest scenarios, including, but not limited to, wills not properly witnessed, signed or submitted to probate; lack of testamentary capacity (dementia); undue influence or fraud; missing or misappropriated assets; claims against the estate by creditors; breach of fiduciary duty; renunciation of interests; or election of statutory share.
Estate litigation can be a very emotional process. I am here to ensure that clients can call any time that they need an ear to listen or an answer to any unresolved question. I aim to make the process as smooth as possible for our clients before, during, and after trial.
I also dedicate a large portion of my practice to insurance law. I have experience in commercial and civil litigation in state, federal and appellate courts throughout the state, focusing primarily on general insurance defense. This includes coverage disputes and claims for automobile accident liability, product liability, bad faith, and general liability claims.
McBrayer is comprised of an experienced team of litigators that is capable of handling all aspects of insurance litigation, defense and coverage matters from start to finish. While I have extensive trial experience, I also understand how important it is to endeavor to work towards a resolution through a combination of aggressive defense and alternative dispute resolution. We are experienced negotiators and can assist in the prompt resolution of claims. However, for those cases that merit litigation, we will see to it that every legal defense available to you and your insured's is utilized. From discovery, to disposing of matters on summary judgment, to taking a case through trial, and on through the appeals process, I and the McBrayer team have the skill, knowledge and experience to win at every level. I am ready to assist you from initial pre-litigation assessment and evaluation to representation before the highest courts throughout Kentucky on the many wide and varied areas where insurance applies while always ensuring that your costs are kept in mind and never compromising exceptional service and representation.
Experience within insurance litigation/defense/coverage includes:
- Automobile liability
- Premises liability
- Products liability
- Municipal liability
- Public sector liability
- Section 1983 litigation
- Civil rights liability
- Professional liability
- Employment matters
- Construction defects
- Coverage and bad faith
And can assist in:
- Pre-litigation assessment
- Coverage Opinions
- Administrative hearings
- Mock trials
- Litigation and jury trials throughout Kentucky, and before the Western and Eastern Districts of Kentucky
- Appeals practice before the Kentucky Court of Appeals and the Supreme Court of Kentucky
I support my clients in courts, arbitration, mediation and administrative proceedings by combining in-depth experience in healthcare matters with litigation skills developed in trials and hearings, as well as responding to government investigations and negotiating settlements. I provide comprehensive litigation services for any disputed matter, and strive to achieve the results for my clients that make sense in the context of the industry and the client's role in the healthcare environment.
I serve a distinct aspect of the healthcare industry. My clients are healthcare providers, including doctors, hospitals and health systems, long-term care facilities, home health agencies, ancillary service providers, laboratories, pharmacies, free-standing ancillary and surgery facilities, information technology and other medical suppliers, healthcare consultants, medical and industry associations, and non-profit foundations.
The range of litigation services I provide for my clients include healthcare fraud and abuse, professional arrangements, reimbursement and managed care, antitrust and competition, business reorganizations and financial restructuring, patient care and research, administrative practice, nonprofit institutions, products liability, commercial, and contract matters.