Zachary Losey (Zac)
Zac Losey is an attorney in the firm’s Louisville office where he is a member of the Business Litigation Service Group. His practice focuses on representing people and companies in complex and high-stakes commercial disputes, including lawsuits involving breach of contract, unlawful business interference, non-compete agreements and other restrictive covenants, breach of fiduciary duty, trade secrets, fraud, and defamation.
His experience includes significant early stage victories in federal district court, obtaining temporary restraining orders to enforce non-compete agreements and prevent misappropriation of confidential information, and obtaining a $1.4 million jury verdict as assistant trial counsel in a case involving civil conspiracy and real estate fraud. Zac also has appellate experience in state and federal courts, including successfully defending an appeal in the Sixth Circuit that led to a published decision setting favorable precedent for the client.
Zac uses his experience to help clients successfully navigate commercial disagreements as efficiently and effectively as possible, so they can get back to focusing on their businesses: from dog trainers and solo startup entrepreneurs, to large and mid-size companies in a broad array of industries.
Stites & Harbison Welcomes Five Attorneys to Kentucky and Georgia Offices
Attorney At Law Magazine, November 28, 2022
Obtained $1.4 million jury verdict as assistant trial counsel for a small business that asserted fraud and civil conspiracy claims stemming from a real estate transaction.
Obtained temporary restraining order enforcing non-compete and non-solicitation restrictive covenants against client’s former employees and prohibiting misappropriation of client’s trade secrets and confidential information.
Obtained affirmance of federal district court’s denial of a preliminary injunction. Fischer v. Thomas, 78 F.4th 864 (6th Cir. 2023).
Obtained dismissal of lawsuit asserting fraud and breach of fiduciary duty claims against national bank client.
Defeated motion to dismiss temporary staffing industry client’s tortious interference claim against subcontractor.
Represented national moving company in lawsuit asserting fraud and breach of contract claims related to items allegedly damaged during plaintiff’s move.
Represented manufacturer of stone-cutting machinery in complex, high-stakes dispute asserting tortious interference claims and defending misappropriation of trade secrets claims.
Counsel to worldwide flavor and fragrance manufacturer in federal products liability litigation involving complex personal jurisdiction and venue issues.
Represented craft brewery in lawsuit defending against breach of contract claim asserted by one of the brewery’s suppliers.
Represented building components manufacturer in lawsuit arising from lease dispute with company’s former landlord.
Represented buyer of a business and his company in lawsuit involving claims of underpaid royalties by the company’s former owner and claims against the former owner for misrepresentations made during negotiations for sale of the company.
Represented individual in multi-defendant regulatory enforcement action brought by Kentucky Energy and Environment Cabinet related to ownership and upkeep of a high hazard dam.
Counsel to utility company appealing Public Service Commission’s denial of expense adjustment in the company’s application for a base rate increase.
magna cum laude
University of Kentucky Rosenberg College of Law
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Kentucky Law Journal, Communications Editor, Vol. 109
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Balancing Broad Disclosure and Candid Consideration: Third-Party Consultants and Intra-Agency Exemptions Under the Freedom of Information Act, 109 Ky. L.J. 417 (2020)
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CALI Award in Property, Federal Appellate Advocacy & Procedure, and Law & Religion courses
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University Appeals Board, Member
cum laude
Georgetown College
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Visiting Student at the University of Oxford, Oxford, England
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Class of 2014 Commencement Speaker
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Research assistant in lab of Dr. Luke H. Bradley, presented research on designing combinatorial protein libraries at the American Chemical Society's 246th National Meeting (2013)
Zac joined the firm after serving as a law clerk to Hon. Karen K. Caldwell, United States District Court for the Eastern District of Kentucky and Chair of the Judicial Panel on Multidistrict Litigation. While in law school, he assisted Professor Jonathan Shaub with research for a law review article on executive privilege published in the Duke Law Journal and Professor Joshua Douglas with an election law article published in the American University Law Review. Prior to law school, Zac was the legislative aide to Lexington City Councilmember Kathy Plomin, where he worked on an array of issues, including land use and zoning. Before that, he was as a brewer at Country Boy Brewing in Lexington, Kentucky, where he also assisted with legislative initiatives for the alcoholic beverage industry in the Kentucky General Assembly.
Outside of the office, Zac loves to spend time kayaking, hiking, playing softball, and working on his Ford Bronco.
FTC Noncompete Rule Struck Down Nationwide
On Tuesday, August 20, 2024, the United States District Court for the Northern District of Texas entered an order preventing the FTC’s rule on noncompetes from going into effect nationwide. For the time being, employers do not need to comply with the FTC’s rule, which was scheduled to go into effect on September 4, 2024. Employment attorneys Shannon Hamilton, Robin McGuffin, and Zac Losey take a look at that decision in this Stites & Harbison Client Alert.
Courts Now Split on Enforceability of FTC Noncompete Rule
On July 23, 2024, the Eastern District of Pennsylvania denied a company’s motion to enjoin the enforcement of the FTC’s rule banning nearly all noncompetes. This contradicts the Northern District of Texas’s order on July 3, 2024, which granted a preliminary injunction enjoining the rule as it applies to the plaintiffs in that case. With opposing rulings, employers remain in limbo as the rule’s September 4, 2024 enforcement date approaches. Employment attorneys Shannon Hamilton, Robin McGuffin, and Zac Losey take a look at what happened.
FTC Issues Final Rule Banning Non-Compete Agreements; Legal Challenges Have Already Begun
On April 23, 2024, the FTC issued its final rule banning employers’ use of non-compete agreements. The rule is broad, applying nationwide and to all non-compete agreements, with a few narrow exceptions. The ban has not gone into effect—it’s scheduled to go into effect 120 days after being published in the Federal Register—and legal challenges have already been filed. Robin McGuffin and Zac Losey take a look at the new rule in this Stites & Harbison Client Alert.
Stites & Harbison Welcomes Five Attorneys to Kentucky and Georgia Offices
LOUISVILLE, Ky.—Stites & Harbison, PLLC announces the addition of five attorneys to the firm. Bailey Browning and Kyle Schroader join the Lexington, Ky., office, Ana England and Zac Losey join the Louisville, Ky., office and Evan Elam joins the Atlanta office.