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.
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.
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.
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.
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.
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.
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.
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.
