Todd Feltus

Todd Feltus

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)


Contact

Call: (480) 990-6211
tfeltus@kflawaz.com
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Recognition

Practice Areas and Experience

Since 1998, Todd Feltus has handled a wide variety of complex business litigation matters in state, federal.  Recent areas of emphasis have included disputes involving business acquisitions, corporate governance, real estate contracts, professional malpractice, trade secrets, estate and trust litigation, and anything interesting and unique.  Mr. Feltus also has extensive experience in appellate matters.   In addition to resolving matters through trials and motion practice, Mr. Feltus has resolved many cases through creative settlements that have gone beyond simply the payment of money.

Mr. Feltus’ clients have ranged from publicly traded companies, to small businesses and individuals.  Mr. Feltus has experience in numerous industries including real estate, construction, telecommunications, hospitality and food services, consulting services, waste management, and 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 dismissal of claims asserted against life insurance beneficiary by company and investors for alleged wrongdoing by the insured. 
  • 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 favorable ruling in arbitration involving service contract of construction equipment.
  • Obtained defense verdict in bench trial regarding a commission dispute with independent contractor and awarded attorneys’ fees.
  • Prevailed in bench trial asserting claims under the Arizona Adult Protective Services Act and finding that purported gift between family members was invalid.
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Corporate Shareholder Litigation

  • After nine-day preliminary injunction hearing, obtained order removing director for fraudulent conduct and recovering remaining corporate assets
  • Obtained dismissal of claims asserted by minority shareholder in connection with shareholder dispute of corporation that owned a large parcel of land in northern Arizona.
  • Obtained judgment after a bench trial in action regarding the disposition of sales proceeds of family-owned business.
  • 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 LLC members in action brought by member over the terms of the operating agreement and management of the LLC.

Real Estate Litigation

  • Obtained dismissal of lawsuit brought by purchasers of Mexican condo project against escrow agent.
  • 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 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.
  • Defeated attempt to enjoin trustee sale in conjunction with dispute over sale of a hotel.
  • Representation of tenancy-in-common group in real estate transaction and loan agreement involving forged signatures

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 tortious interference and aiding and abetting in startup company’s founder’s alleged breach of fiduciary duty.

Appellate Matters

  • Obtained ruling affirming that life insurance beneficiaries are not subject to claims by the decedent’s creditors.
  • Obtained reversal of bankruptcy court ruling that earn-out provision in the sale of business was breached and reversal of $1 million lost profits award 
  • Obtained reversal of trial court’s dismissal of fraud claim in a real estate purchase contract. 
  • Obtained ruling affirming trial court’s decision on the terms of a real estate purchase contract and reversing trial court’s award of attorneys’ fees.
  • Obtained reversal of trial court ruling that allowed city to withhold the security records of the mayor.
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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 Supreme Court
  • United States Court of Appeals, Ninth Circuit
  • United States District Court, District of Arizona
  • Pro hac vice admission in state and federal courts in California, Oregon, Texas, Illinois, and Iowa

Recognition and Awards

  • AV rated – Martindale-Hubbell
  •  Southwest SuperLawyers – 2014 to present
  • Arizona Society of Professional Journalists, Sunshine Award, 2012
  • Top 50 Pro Bono Lawyers in Arizona, 2010

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

  • ML Servicing Co., Inc. v. Coles, 235 Ariz. 562, 334 P.3d 745 (App. 2014)
  • Lerner v. DMB Realty, LLC, 234 Ariz. 397, 322 P.3d 909 (App. 2014)
  • Ryan v. Gonzales, 133 S. Ct. 696 (2013) (amicus brief)
  • Judicial Watch, Inc. v. City of Phoenix, 228 Ariz. 393, 267 P.3d 1185 (App. 2011)
  • In re Gorilla Companies, LLC, 454 B.R. 115 (D. Ariz. 2011)
  • 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 Life Member
  • Cystic Fibrosis Foundation – Arizona’s Finest Couples 2007 

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Todd Feltus

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)


Contact

Call: (480) 990-6211
tfeltus@kflawaz.com
Download vCard


Recognition

K&F Attorneys