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).
- 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: Mr. Gough served as trial counsel for the plaintiff in a complex contract case tried to a jury that resulted in entry of judgment on October 16, 2013 in the amount of $1,659,113.27. Waste Connections of Kansas, Inc. v. Ritchie Corporation, Case No. 07 CV 3308, District Court, Sedgwick County, Kansas. The jury found that the Defendant breached the duty of good faith and fair dealing involving a contract where the plaintiff held a right of first refusal to purchase a property known as the Transfer Station. This judgment was the culmination of more than six years of litigation. For a history of this case see, Waste Connections of Kansas, Inc. v. Ritchie Corporation, 43 Kan. App. 2d 655, 228 P.3d 429 (2010); reversed and remanded for jury trial, Waste Connections of Kansas, Inc. v. Ritchie Corporation, 296 Kan. 943, 298 P.3d 250 (2013). We have also 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, 296 Kan.943, 298 P.3d 250 (2013), 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.
- Employment Litigation: See, Employment Law 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.