Business Litigation

_We have considerable experience and expertise in both state and federal courts to handle a wide variety of commercial litigation ranging from the simple contract dispute for small business owners to complex contract and class action litigation for large corporate clients. We provide representation in the following areas of business litigation:

  • Trademark and Unfair Competition: We have represented various manufacturers in protecting registered trademarks, trade dress under the Lanham Act and common law trademarks against infringement by competitors. See, e.g., Vornado Air Circulation Systems v. Duracraft Corp., 58 F. 3rd 1498 (10th Cir. 1995); Vasquez v. Ybarra, 150 F. Supp. 2d 1157 (D. Kan. 2001).
  • Securities Fraud: We have defended officers and directors in class action lawsuits brought by stockholders alleging federal and state securities law violations in connection with the issuance of stock. See, e.g., In re Stoico Restaurant Group, Civil Action No. 00-2109-KHV (D. Kan. 2003). We have also sued issuers on behalf of investors for securities fraud under federal and state law. Estate of W. W. Taylor v. American National Bancshares of Wichita, Inc., et al, Case No. 01 C 1161, District Court, Sedgwick County Kansas (2003).
  • Breach of Fiduciary Duties: We have represented officers and directors who have been sued for alleged breach of the fiduciary duties of loyalty and due care. We have also represented corporations who have sued officers and directors for breach of fiduciary duties. See, e.g., Mid-Kansas Federal Savings and Loan v. Ritchie, et al, Civil Action No. 92-1514-FGT (1997) (recovery of $1.8 million).
  • Complex Contract Litigation: We have represented parties in litigation involving large amounts of money in complex contract cases involving long-term electrical power contracts (See, e.g., City of Garden City v. Sunflower Electric, resulting in long-term savings to residents of Garden City of several million dollars each year).
  • Non-Compete Agreements and Trade Secrets: We represent employers to enforce non-compete agreements and to protect trade secrets against former employees. We also defend employees who have been sued for alleged breach of non-compete agreements and unauthorized use of trade secrets.
  • Class Action Litigation: We have defended lenders in class action cases brought by borrowers for alleged violation of consumer lending laws. See, e.g., Beets, et al v American Liberty Capital Corp., Case No. 99 C 3006, Sedgwick County District Court (2000). We have also been involved in numerous class action cases where we have defended oil and gas producers against claims brought by royalty owners. See, Oil and Gas Area of Practice.
  • Real Estate Litigation: We represent buyers and sellers in litigation arising from real estate purchase contracts and surface disputes.  We have litigated complex cases involving a right of first refusal.  Waste Connections of Kansas, Inc. v. Ritchie Corporation, 43 Kan. App. 2d 655, 228 P. 3d 429 (2010).
  • Environmental Litigation: We are involved in environmental litigation to defend companies against lawsuits filed for pollution of the soil, surface water and groundwater, as well as representation of landowners who have such claims. See, Oil and Gas Area of Practice.
  • Litigation involving Wills and Trusts: We have substantial experience in litigating spousal rights under Kansas law, pre-marital and post-marital agreements, the rights of beneficiaries under trust agreements, and claims against trustees under trust agreements. See, Estate Planning Area of Practice.
  • Insurance Litigation: We have successfully represented property owners to recover large property losses that the insurance company refused to pay under its policy. See, Board of Commissioners of Sedgwick County v. Fireman's Fund, Case No. 01 C 0698, District Court, Sedgwick County, Kansas (2002), recovered judgment in excess of $750,000.00, plus attorney's fees. See, Insurance Law Area of Practice for additional information.
Successes:  All of our attorneys have been quite successfull in the courtroom.  Most recently Steven Gough received a favorable result in Waste Connections of Kansas, Inc., v. Ritchie Corporation, Kansas Court of Appeals Case No. 1010,812.  The Kansas Court of Appeals granted judgment to his client Waste Connections in the amount of $550,000.00 on April 22, 2010.  The case dealt with the operation of a right of first refusal and the price Waste Connections was required to pay to exercise its right of first refusal.  The full opinion is available at the Kansas Courts website.  On July 19, 2010, the Court of Appeals ruled that Waste Connections was entitled to prejudgment interest on the amount of $550,000.00 from September 28, 2007 at 10% per annum, plus reasonable attorneys' fees.  Ritchie Corporation has filed a Petition for Review with the Kansas Supreme Court which is pending.
Attorneys who practice in this area: Steven D. Gough, Alan R. Pfaff, Donald N. Peterson, II, Sean M. McGivern, and Nathan R. Elliott. 
Since 2005, Steven D. Gough has been recognized as a Super Lawyer in Business Litigation by Super Lawyers®. This designation is given to attorneys representing the top 5% of the practicing attorneys in Missouri & Kansas.   

Practice Areas

Office Location

200 West Douglas
Suite 1010
Wichita, KS 67202
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Phone: 316-267-1562
Toll Free: 888-587-2399
Fax:    316-303-1018

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