Industry Experience
Kercsmar & Feltus has experience working with clients in many different industries. Some of the industries where we have represented clients:
- Agriculture and Agricultural Supplies
- Aviation
- Automobile
- Banking and Financial Services
- Construction and Contractors
- Cosmetics, Botanicals and Cosmology
- Health Care
- Hospitality, Food Services and Entertainment
- Internet and Online Commerce
- Medical and Dental Practices
- Mining
- Mobile Home Sales and Management
- Real Estate Development
- Real Estate Financing
- Telecommunications and Technology
- Title Insurance
Agriculture and Agricultural Supplies
- Defended one of the world’s largest agricultural supply companies in the world in a four week trial in Maricopa County Superior Court.
- Successfully defended against temporary restraining order on behalf of tractor manufacturer against claims brought by supplier under Arizona Equipment Dealer Act.
- Defended seller of cotton ginning company in international arbitration proceeding asserted by one of the largest cotton ginning companies in the world.
Aviation
- Successfully obtained a temporary restraining order on behalf of a foreign airline company engaged in federal litigation against the lessor of its entire fleet of Boeing aircraft.
- Obtained $700,000 judgment for purchaser of airplane, including award of punitive damages and attorneys’ fees, due to defective condition of the airplane.
Automobile
- Represented a major automobile parts supplier in a breach of contract action against mid-market parts reseller.
- Obtained a judgment on behalf of an international automobile glass manufacturer in a breach of contract action against a former national customer.
- Represented one of the largest auto parts retailers in the United States in litigation involving its waste oil removal contract.
Banking and Financial Services
- Successfully defended one of the world’s largest banks in litigation involving allegedly fraudulent transfers.
- Represented business consumer banking services against allegations of banking fraud.
- Successfully represented lessor of industrial equipment in breach of contract action brought by seller of equipment.
- Represented a multi-state banking institution in its lawsuits against mortgage brokers across the United States arising from fraud in mortgage applications.
- Successfully defended a national bank against plaintiffs seeking to enforce sham arbitration awards against the bank.
- Defended a regional bank against a competitor asserting trademark infringement and unfair competition claims.
- Obtained motion to dismiss on behalf of large mortgage lender of putative class action related to mortgage payoff fees.
- Defended leading financial services firm against claims of professional malpractice made by former client
- Defended a group of real-estate investors against claims asserting that the investors were personally liable on a five million loan
- Successfully defended a group of tenants in common against claims brought by their fellow tenants in common
- Successfully defended a national bank in federal district court and on appeal in the Ninth Circuit against claims of negligence brought by a reverse mortgage applicant
- Defended leading financial services firm against claims of professional malpractice made by former client
- Represented a national transportation company against a national accounting firm regarding breach of accounting standards
Construction and Contractors
- Represented a franchisee painting company in breach of contract litigation against homeowner’s association.
- Defended an electrical contracting company before the Arizona Registrar of Contractors and in Superior Court.
- Represented one of the largest excavating companies in the southwestern United States in prosecuting materialman’s liens worth millions of dollars.
- Successfully defended owners of millworking business in litigation arising from the sale of the business.
Cosmetics, Botanicals and Cosmology
- Represented a major producer of cosmetic botanical ingredients in a variety of intellectual property matters.
- Successfully defended retail tanning salon against breach of contract and collection claims asserted by alleged franchisor.
- Successfully defended retail tanning franchise in litigation against franchisor arising from franchise agreement.
- Represented a leading dietary supplement company in its claims against a competitor for false advertising under the Lanham Act
- Obtained judgment on patent infringement claims in favor of patent holder
Health Care
- Represented one of the largest health care organizations in Arizona in a variety of matters including breach of contract, medical malpractice and personal injury litigation.
- Defended a surgical practice against claims related to the practice’s buy-out of a former member.
- Successfully defended a national health care service provider in a class action suit brought by customers who alleged that their personal information had been lost.
Hospitality, Food Services and Entertainment
- Represented individual restaurateur in disputes arising from lease provisions.
- Represented a large hotel investment and management company in disputes in litigation arising from the sale of one of its largest hotels.
- Successfully represented a major ice cream and dessert franchisor in arbitrations involving franchisees.
- Represented franchisee of sandwich shop in litigation arising from purchase of the business from prior owners.
- Obtained dismissal of multi-million dollar putative class action claim brought against large Arizona-based fast-food franchisee on claim of alleged improper fax advertising.
- Obtained summary judgment for large Arizona-based franchisee in a claim brought by competitor for breach of a shopping center restrictive covenant.
- Represented hotel franchisee in claims of wrongful termination against world’s largest hotel membership organization.
- Represented organizer of college football bowl game in dispute involving use of football stadium.
- Represented jewelry manufacturer in claims against cruise ship concessionaire for breach of consignment agreement; case settled on favorable terms.
- Represented a national hotel chain on claims against its franchisees
Internet and Online Commerce
- Defended a franchisee against claims that it misappropriated franchisor intellectual property by displaying franchisor trademarks on franchisee’s blogspace.
- Represented a consulting company against an individual that published defamatory content over the Internet.
- Defended a publicly-traded Internet sales company against a vendor’s claim for breach of a click-through agreement.
- Defense of hotel owners in Internet defamation claims asserted by hotel membership organization.
- Represented a real estate developer in its efforts to learn the identity of an anonymous author that posted defamatory material posted on a website and obtained injunctive relief.
- Represented shareholder in failed voice-over Internet startup against vendors and other creditors.
- Represented an owner of an internet website company on his claims against his former partners
- Obtained judgment in favor of an App developer for breach of contract against a customer that had retained the developer to create an industry specific App
- Successfully represented an individual on defamation claims against an internet blog
- Represented a software company in its claims against a competitor for false advertising under the Lanham Act
- Successfully defended efforts to obtain an injunction for alleged trademark and copyright infringement made by seller of sophisticated test equipment against an Arizona-based seller of competing equipment
Medical and Dental Practices
- Defended a chiropractic clinic and its national affiliate accused of trademark violation.
- Represented a medical practice in litigation arising from its sale of its primary care facility.
- Represented a prothodontic dentist in litigation arising from the breakup of a prothodontic dentistry group.
- Successfully prosecuted a breach of contract, trademark infringement and trade secrets action on behalf of the national supplier of third-party medical billing services against a former licensed distributor.
- Represented a group of physicians in their efforts to enforce rights under their operating agreement.
Mining
- Defended two individuals accused of securities fraud in connection with sales of mining interests in northern Arizona.
Mobile Home Sales and Management
- Represented mobile home park in litigation arising from purchase of mobile home resort.
- Successfully defended individual client accused of theft of mobile home.
Real Estate Development
- Successfully represented individual investors in arbitration against one of the largest condominium developments in Maricopa County.
- Represented a real estate development consulting company in a dispute involving a planned 800-acre mixed-use development project.
- Represented Arizona hospitality and real estate investment corporations in derivative action brought by minority shareholder related to alleged corporate freeze-out and misappropriation of corporate funds.
- Defended Arizona corporation against allegations of securities fraud.
- Represented a real estate investor in his efforts to challenge covenants and restrictions allegedly governing his property.
- Defended a limited liability investment company that purchased land at public auction against a suit challenging the validity of the auction.
- Obtained dismissal of all claims asserted by minority shareholder in connection with shareholder dispute of corporation that owned a large parcel of land in northern Arizona.
- Represented a national condominium management company in a suit against its competitor which asserted trademark infringement, unfair competition and cybersquating claims.
- Obtained dismissal, and award of all attorneys’ fees, for commercial real estate investors in breach of real estate purchase contract and development agreement and related fraud claims.
- Obtained summary judgment for large Arizona-based franchisee in a claim brought by competitor for breach of a shopping center restrictive covenant.
- Obtained injunction, and award of all attorneys’ fees, for homeowner in case involving breach of homeowner association CC&Rs.
- Obtained summary judgment, and award of attorneys’ fees, for real estate investor on claims asserted by developer partner for improperly terminating development agreement.
- Representation of buyers and sellers of real estate purchase contracts.
- Representation of landlords and tenants in commercial lease disputes.
- Representation of homeowners and HOAs in disputes related to CC&Rs, including initiation of injunctive relief and claims for breach of contract.
- Defended a group of real-estate investors against claims asserting that the investors were personally liable on a five million loan
- Successfully defended a group of tenants in common against claims brought by their fellow tenants in common
Real Estate Financing
- Obtained a complete defense ruling in favor of real estate investment lender accused of fraud and racketeering in its lending practices.
- Represented a national private hedge fund in litigation involving breach of contract litigation with the lead lending institution and developer over multi-million dollar brownstone project in central Phoenix.
- Obtained a complete defense verdict, including attorneys’ fees and costs, in favor of real estate developer accused of negligence in constructing office park.
- Represented former promoters and officers of real estate investment trust in lawsuits in multiple jurisdictions against the REIT for breach of contract, racketeering, and breach of fiduciary duty.
- Defended a group of real-estate investors against claims asserting that the investors were personally liable on a five million loan
- Successfully defended a group of tenants in common against claims brought by their fellow tenants in common
- Represented investors in securities fraud litigation brought against the seller of interests in multi-family housing complexes in Arizona, Nevada and Washington
Telecommunications and Technology
- Represented a telecommunications sales company in litigation arising from alleged breaches of confidentiality and contract in relationship with subcontractor.
- Successfully represented a national cell phone company in its claims of contributory trademark infringement and unfair competition against competitors.
- Defended a Fortune 500 electronics company against claims of trademark infringement and breach of contract.
- Represented an audio visual company in its claims of unfair competition and trade secret against former employees.
- Defended a publicly-traded electronics company in multiple patent infringement actions.
- Defended software design company in copyright infringement and unfair competition suits.
- Obtained injunctive relief for telecommunications company against former employee for misappropriation of trade secrets, including customer lists and financial data.
- Represented telecommunications sales company in commission disputes with sales agents.
- Defended a publicly-traded company in multi-jurisdictional litigation against a patent troll.
- Obtained summary judgment for large professional services firm on claims breach of contract and tort claims related to implementation of enterprise resource package software brought by Fortune 500 big-box retailer where over $200 million in damages were sought.
- Represented the owner of a marketing and telecommunications company in corporate governance litigation against his co-owner
Title Insurance
- Defended a title insurance company in a class action accusing the company of violating the Real Estate Settlement Procedures Act.
- Defended title insurance companies in disputes regarding employee recruitment.
