Kercsmar & Feltus PLLC - www.businesslawaz.com

Practice Areas and Experience

Over the past 10 years, Todd Feltus has handled a wide variety of complex business litigation matters.  Mr. Feltus has prosecuted and defended lawsuits in state, federal and tribal court involving business contracts, real estate purchase contracts, commercial leases, business acquisitions, technology contracts, defamation, business torts, racketeering, trade secrets, noncompetition covenants, professional malpractice, homeowner association disputes, corporate governance, corporate dissolution and commercial fraud. In addition to litigation matters, Mr. Feltus has advised clients on prelitigation matters, including contracts, commercial leases, corporate dissolution, homeowner association issues and legislation.

Mr. Feltus’ clients have ranged from publicly traded companies, to small businesses and individuals. Mr. Feltus has experience in numerous industries including real estate, waste management, manufactured housing, telecommunications, hospitality and food services, consulting services, banking and financial services, and software and information management. 

Before forming Kercsmar & Feltus, Mr. Feltus practiced with Snell & Wilmer L.L.P., the largest law firm in the Southwest – as a partner from 2006 to 2008 and as an associate from 1998 to 2005.

Representative Cases and Clients

General Business Litigation

• Obtained summary judgment for large professional services firm on breach of contract and tort claims related to implementation of enterprise resource package software brought by Fortune 500 big-box retailer that sought over $200 million in damages.
• Obtained dismissal of multi-million dollar putative class action claim brought against large franchisee on claim of alleged improper fax advertising.
• Obtained $700,000 judgment for purchaser of airplane, including award of punitive damages and attorneys’ fees, due to defective condition of the airplane.
• Obtained dismissal of putative class action claims against large mortgage lender related to mortgage payoff fees.
 
• Represented seller of rare automobile in dispute against auction house over failed sale of the vehicle.
• Represented jewelry manufacturer in claims against cruise ship concessionaire for breach of consignment agreement; case settled on favorable terms.
• Represented manufactured home manufacturer in breach of warranty claims.

Trade Secret Litigation

• Obtained injunctive relief for manufactured home manufacturer against former plant manager and start-up company based on misappropriation of trade secrets, including construction designs, employee lists, and other proprietary data.
• Obtained injunctive relief for telecommunications company against former employee for misappropriation of trade secrets, including customer lists and financial data.
• Obtained dismissal of claims for limited partner of startup company asserted by manufacturing company for tortuous interference and aiding and abetting in startup company’s founder’s alleged breach of fiduciary duty.
• Represented creator of open source Six Sigma website on breach of contract and misappropriations of trade secrets claim related to use of materials; case settled on favorable terms.

Corporate Shareholder Litigation

• 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.
• Obtained dismissal of all claims, including award of attorneys’ fees, against large Arizona-based ranch operation asserted by a purported purchaser of shares in the ranch operation.
• Represented former promoters and officers of real estate investment trust in lawsuits filed in multiple jurisdictions by the REIT for breach of contract, racketeering, and breach of fiduciary duty.
• Represented buyer of waste management business in claims related to purchase of business, including complex fraud and breaches of representations and warranties.
• Represented privately held corporation in derivative claims asserted by former employee claiming to be a shareholder.

Internet Defamation

• Obtained summary judgment for hotel owners on Internet defamation claim asserted by hotel membership organization seeking over $20 million in damages.
• Obtained injunctive relief for real estate developer against creator of anonymous Internet website.

Professional Experience

Kercsmar & Feltus PLLC, August 2008 to present
Snell & Wilmer L.L.P., September 1998 to August 2008
      Partner 2006-2008
      Associate 1998-2005

Education

University of Arizona (J.D. 1998, magna cum laude)
      Arizona Law Review
      Order of the Coif
Brown University (A.B. 1995, Business Economics/Political Science)
      Varsity Track and Cross Country (Academic All-Ivy, 1994)

Court Admissions

Supreme Court of Arizona
United States District Court, District of Arizona

Publications

Co-Author, Investigation of the Case, Commercial and Business Litigation in Federal Court (2d ed., West Publishing 2005)
Co-Author, Arizona chapter, Unfair Trade Practices: A Compendium of State Law (Defense Research Institute 2005)

Reported Cases

Golonka v. General Motors Corp., 204 Ariz. 575, 65 P.3d 956 (App. 2003)
Long v. Napolitano, 203 Ariz. 247, 53 P.3d 172 (App. 2002)
Magellan Real Estate Inv. Trust v. Losch, 109 F. Supp. 2d 1144 (D. Ariz. 2000)

Community Involvement

Fiesta Bowl Committee Member
Cystic Fibrosis Foundation – Arizona’s Finest Couples 2007

Personal

Mr. Feltus was born in Billings, Montana, and grew up outside of Tacoma, Washington. He is married to Amy Hinderer Feltus. They have one son.