Steven D. GoughMember
- Email Us
Practice Areas: Business Litigation; Business Law; Corporate Law; Professional Liability; Oil & Gas Law; Personal Injury; Environmental Law; Product Liability; Real Estate; Insurance Defense; and Wind Energy.
Admitted: 1976, Kansas. Member of the Wichita, Kansas and American Bar Associations.
Education: University of Kansas (B.A., with highest distinction, 1973); legal education, University of Kansas School of Law (J. D. 1976) Kansas Law Review, 1975-1976. Phi Beta Kappa; Order of the Coif.
Personal Background : Born in Hutchinson, Kansas. Steve has been married to his wife, Lisa, since August 19, 1973. They have one son, Matthew, who is a member of the Barber Emerson LLC law firm in Lawrence, Kansas. He has been an active member of Plymouth Congregational Church for many years. His hobbies include hunting, sporting clays and golf. He is a long-time supporter of the KU Jayhawks.
Professional Background : In 1976, Steve started his career with the Kahrs Nelson firm in Wichita, Kansas, which at one time, was the third largest firm in Kansas, and was a partner in that firm from 1980 through 1999. The firm of Withers, Gough, Pike & Pfaff LLC was formed by four attorneys who were formerly partners at the Kahrs Nelson firm.
Professional Experience includes the following:
Business and Corporate Law: formation of corporate entities, general counsel for several corporations, buy-sell agreements, sale of stock and corporate assets. See, Business and Corporate Law area of practice for more information.
- Business Litigation: complex trademark litigation, securities fraud litigation, breach of fiduciary duties, contract disputes, and class action cases. Mr. Gough served as trial counsel for the plaintiff in a jury trial that resulted in entry of judgment on October 16, 2013 in the amount of $1,659,113.27. Waste Connections of Kansas, Inc. v. Ritchie Corporation, Case No. 07 CV 3308, District Court, Sedgwick County, Kansas. After a week-long trial, the jury found that the Defendant breached the duty of good faith and fair dealing involving a contract where the Plaintiff had a right of first refusal on a property known as the Transfer Station. The history of this complex case is set forth in Waste Connections of Kansas, Inc. v. Ritchie Corporation, 296 Kan. 943, 298 P.3d 250 (2013). On February 13, 2015, the Kansas Court of Appeals affirmed the Jury’s verdict. On October 16, 2015, Ritchie Corporation paid the full judgment in the amount of $1,934,307.35. See, Business Litigation area of practice for more information. Since 2008, Mr. Gough has been named as a Super Lawyer in the area of Business Litigation representing the top 5% of practicing attorneys in Missouri & Kansas. For more information about this designation, please go to the Super Lawyers® icon that appears at the bottom of this page.
- Professional Liability: defends attorneys sued for legal malpractice. See, Professional Liability area of practice for additional information. Since 2007, Mr. Gough has been selected for inclusion in The Best Lawyers in America® in the specialty of Legal Malpractice Law. In 2013, Mr. Gough was designated Lawyer of the Year by Best Lawyers in the category: “Legal Malpractice Law – Defendants.”
- Oil & Gas: extensive experience in representing producers in oil and gas regulatory proceedings, lawsuits, ad valorem tax appeals, and transactions involving oil & gas leases and pipelines. See, Oil & Gas area of practice for additional information. In 2007, Mr. Gough was selected for inclusion in The Best Lawyers in America® in the specialty of Mining Law.
- Personal Injury Litigation: has litigated serious personal injury cases. See, Personal Injury Litigation area of practice for more information. On March 24, 2010, in the case of Dennis D. Gay v. Unified School District No. 435, et al., Case No. 09 CV 24, Dickinson County, Kansas, the jury awarded damages in the amount of $1.5 million to Mr. Gay after a seven-day jury trial. Mr. Gough was lead trial counsel in that case which involved extensive preparation. Experts included two neuropsychologists, two rehabilitation experts, a vocational expert, a life care expert, and an economist. On May 17, 2010, the defendants paid the judgment in full.
- Product Liability: has defended manufacturers in a variety of product liability cases. See, Product Liability area of practice for additional information.
- Estate Planning: advises clients concerning estate planning, preparation of wills, trusts and powers of attorney. Has litigated cases involving spousal rights, breach of fiduciary duties by trustees, and will contests. See, Estate Planning, Wills & Trusts area of practice for additional information.
- Environmental Law: has litigated cases involving surface pollution and groundwater pollution. Has worked with regulatory agencies in developing remediation plans. See, Environmental Law area of practice for additional information.
- Wind Energy: has represented wind developers in Kansas on major projects involving in excess of 500 megawatts in five different counties in Kansas, with projects pending in 2016 involving 400 Megawatts.
- Professional Publications and Seminars.
- “The Voidability of Interested Director Contracts Under the Kansas Corporation Code,” 24 K.L.R. 655, 663 (1976).
- “Tortious Interference with Contracts,” Wichita Bar Association CLE, 1985.
- “3-D Seismic Exploration Under the Oil and Gas Lease,” KBA/KIOGA Oil & Gas Seminar, 2006
- “The Continuing Role of Implied Covenant Law in Developing Leased Lands,” Washburn University School of Law, The Future of Oil & Gas Jurisprudence II, a Symposium, October 2009.
- “Oil Producers v. Wind Producers,” ___ Kan. ___, ___ P.3d ___, KBA/KIOGA 36th Annual Oil & Gas Conference, October 2011.
- “Contracts and Transfers by the Oil and Gas Lessee,” Wichita Bar Association CLE, 2014.
- “C12’s Application to Form a Compulsory Unit Using CO2 Injection – or When is Unitization Not Compulsory Under Kansas Law?” 40th annual KBA/KIOGA Oil & Gas Conference, October 16th, 2015.
- “Current Developments in Ad Valorem Taxation of Oil & Gas Leases, Timely Topics on Oil & Gas Law,” Wichita Bar Association, February 12th, 2016.
Martindale-Hubbell® AV® Preeminent™ Peer Rating
Steven D. Gough carries an “AV” rating which is the highest rating attainable under the Martindale-Hubbell peer review rating system. More information about these ratings may be found here. AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell® certification procedures, standards and policies.
Best Lawyers in America®
Since 2007, Steven D. Gough has been selected by his peers for inclusion in The Best Lawyers in America in the field of Mining Law and Legal Malpractice Defense. Since its inception in 1983, Best Lawyers has become regarded as an important guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 36,000 leading attorneys cast almost 4.4 million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered an honor. Corporate Counsel Magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”
Since 2005, Steven D. Gough has been listed as a Super Lawyer in Business Litigation by Super Lawyers®. This designation was given to attorneys representing the top 5% of the practicing attorneys in Missouri & Kansas. For additional information, please see superlawyers.com.