Commercial & Complex Litigation

Our commercial and complex litigation team's expertise allows them to handle every variety of commercial litigation from the simple contract dispute for the small business owner to the largest complex litigation for corporate clients. With ever increasing specialization within the legal profession, Foulston Siefkin has continued to maintain attorneys skilled in the preparation, negotiation and trial of commercial litigation matters.

That experience runs deep, from our senior lawyers with extensive trial experience and membership in the American College of Trial Lawyers, to the newer associates trained and supervised to handle business litigation on any level. The experience of our lawyers has been an essential component of our representation of clients in finance, commerce, manufacturing, banking, food services, UCC, agriculture, utilities, government and various other professions.

Our ability to utilize new technology in our commercial and complex litigation practice adds tremendous value to the service provided to our clients, from more efficient communication through e-mail to creation of extranets for client access to files in complex matters. With offices in Wichita, Kansas City, and Topeka, we can effectively handle a client’s litigation needs across the entire state and handle cases for larger clients in a broader geographical region.
Areas of Representation
Accounting malpractice
Administrative Proceedings
- enforcement actions, rule making, decertification, show cause, appeals
Antitrust and trade regulation
Bankruptcy and creditors' rights
Business Torts
- fraud, conspiracy, conversion, defamation, business disparagement, false advertising, breach of fiduciary duty, interference with contractual and prospective business relationships, trade secrets, covenants not to compete and usurpation of corporate opportunity
Class action defense
Class Actions
- price fixing, dealer termination, monopoly, price discrimination, refusals to deal, tying arrangements, and other trade regulation issues.
Condemnation proceedings
Construction law
Contracts
Cyber Security
Directors and Officers Liability
Eminent Domain
Employee benefits and employee benefits litigation
Environmental and natural resources
False Claims Act Suits
Fiduciary Litigation/ERISA Litigation
Financial institutions
Financial Institutions - deficiencies and lender liability
Franchise and Distribution Litigation
Government Contracting
Government Investigations & White Collar Crime
HUD-subsidized Housing
Injunctions/Receiverships/Extraordinary Remedies
Insurance coverage
Intellectual Property
Lease Disputes
Multi-District Litigation
Oil & Gas
Partnership Disputes
Plantiff's Commercial & Fiduciary Duty Litigation
Product liability
Professional Liability
Professional malpractice
Public utilities
Qui Tam
Real Estate
Securities
State and local tax controversy
Telecommunications
Trade secret and Noncompete Litigation
Trust and Estate Litigation
Water Rights
Zoning
Related Links
Terry C. Cupps Image Terry C. Cupps
T: 316.291.9504
Email
Jeff P. DeGraffenreid Image Jeff P. DeGraffenreid
T: 316.291.9788
Email
Jack Focht Image Jack Focht
T: 316.291.9519
Email
Mikel L. Stout Image Mikel L. Stout
T: 316.291.9516
Email
James M. Armstrong Image James M. Armstrong
T: 316.291.9576
Email
Gary L. Ayers Image Gary L. Ayers
T: 316.291.9530
Email
Toby Crouse Image Toby Crouse
T: 913.253.2135
Email
Holly A. Dyer Image Holly A. Dyer
T: 316.291.9773
Email
Tara Eberline Image Tara Eberline
T: 913.253.2136
Email
Jay F. Fowler Image Jay F. Fowler
T: 316.291.9541
Email
Jim Goering Image Jim Goering
T: 316.291.9709
Email
Charles R. Hay Image Charles R. Hay
T: 785.354.9413
Email
Wyatt A. Hoch Image Wyatt A. Hoch
T: 316.291.9769
Email
Jeffery A. Jordan Image Jeffery A. Jordan
T: 316.291.9513
Email
Amy S. Lemley Image Amy S. Lemley
T: 316.291.9584
Email
Scott C. Nehrbass Image Scott C. Nehrbass
T: 913.253.2144
Email
Michael J. Norton Image Michael J. Norton
T: 316.291.9743
Email
James D. Oliver Image James D. Oliver
T: 913.253.2145
Email
David E. Rogers Image David E. Rogers
T: 316.291.9708
Email
Anthony (Tony) F. Rupp Image Anthony (Tony) F. Rupp
T: 913.253.2127
Email
Bradley D. Serafine Image Bradley D. Serafine
T: 316.291.9777
Email
Kyle J. Steadman Image Kyle J. Steadman
T: 316.291.9523
Email
Matthew (Matt) D. Stromberg Image Matthew (Matt) D. Stromberg
T: 913.253.2156
Email
Todd N. Tedesco Image Todd N. Tedesco
T: 316.291.9776
Email
Thomas L. Theis Image Thomas L. Theis
T: 785.233.3600
Email
Trisha A. Thelen Image Trisha A. Thelen
T: 316.291.9586
Email
Darrell L. Warta Image Darrell L. Warta
T: 316.291.9514
Email
Shannon D. Wead Image Shannon D. Wead
T: 316.291.9518
Email
Craig W. West Image Craig W. West
T: 316.291.9784
Email
Rachel N. Wetta Image Rachel N. Wetta
T: 316.291.9758
Email
Cyd Gilman Image Cyd Gilman
T: 316.291.9757
Email
J. Steven Massoni Image J. Steven Massoni
T: 316.291.9509
Email
David M. Traster Image David M. Traster
T: 316.291.9725
Email
Daniel J. Buller Image Daniel J. Buller
T: 913.253.2179
Email
Kelsey N. Frobisher Image Kelsey N. Frobisher
T: 316.291.9718
Email
David R. Green Image David R. Green
T: 913.253.2168
Email
Anne M. Harrison Image Anne M. Harrison
T: 316.291.9557
Email
Rebekah Pinkston Janish Image Rebekah Pinkston Janish
T: 913.253.2129
Email
Paige D. Pippin Image Paige D. Pippin
T: 316.291.9546
Email
Sharon E. Rye Image Sharon E. Rye
T: 316.291.9731
Email
Alex W. Schulte Image Alex W. Schulte
T: 913.253.2155
Email
Eric Turner Image Eric Turner
T: 913.253.2176
Email
Robert L. Howard Image Robert L. Howard
T: 316.291.9553
Email
  • Defense counsel in trial court and on appeal in successful defense of alleged consumer credit fraud class action in Gonzales v. Associates Financial Service Co. of Kansas, Inc., 266 Kan. 141, 967 P.2d 312

  • Successfully defended antitrust class action claims in Mitchael v. Intracorp., Inc.,179 F.3d 847 (10th Cir. 1999).

  • Plaintiffs’ counsel in successful argument on certified question from U.S. District Court in Arnaud v. Stockgrowers State Bank, 268 Kan. 163, 992 P.2d 216 (1999) (overruling prior Kansas law permitting minority and marketability discounts in valuation of plaintiffs’ stock in minority freeze-out situation).

  • Co-counsel for plaintiffs in securities fraud class action, Flake v. Hoskins, U.S. District Court in Kansas City, Kansas ($5.7 million settlement in 2001).

  • Counsel for Suzuki Motor Company in Appeal from multi-million dollar adverse judgment in product liability case, Griffin v. Suzuki Motor Company, reversed by Kansas Court of Appeals, reversal affirmed by Kansas Supreme Court, at 280 Kan. 447, 124 P.3d 57 (2005).

  • Counsel for State of New Mexico on appeal to U.S. Court of Appeals for the Tenth Circuit (Denver) from adverse judgment in major case involving hazardous chemical and hydrocarbon contamination of groundwater in Albuquerque area. State of New Mexico v. General Electric Co., ACF Industries and Chevron/Texaco, 467 F.3d 1223 (2006).

  • Co-Counsel for Plaintiffs/Appellees/Cross Appellants in Hayes Sight & Sound, Inc. v. ONEOK, Inc., 136 P.3d 428 (2006) (judgment for actual damages and $5.25 million punitive damages affirmed; remanded for award of attorneys’ fees to plaintiffs).

  • Defense counsel in successful 1998 trial and subsequent appeal in Koch, et al. v. Koch Industries, Inc., 203 F.2d 1202 (10th Cir. 2000) (claims for more than $1 billion in damages for alleged breach of contract, breach of fiduciary duty, and securities fraud).

  • Defense counsel in 1999 trial of False Claims Act qui tam litigation in the Northern District of Oklahoma.

  • Plaintiff’s counsel in trial of wrongful termination claim for corporate president, resulting in substantial actual and punitive damage award.

  • Plaintiff’s counsel in Koch Engineering Co. v. Faulconer, 227 Kan. 813, 610 P.2d 1094 (Kan. 1980) and 239 Kan. 101, 716 P.2d 180 (Kan. 1986), involving injunctive relief for misappropriation of trade secrets and related proceedings

  • Counsel in the well-known Wichita Wire, Inc. v. Lenox, 11 Kan. App.2d 459 (1986)(injunction to protect purchased good will), which established the standards in Kansas for the granting of temporary injunctive relief.

  • Foulston Siefkin attorneys have appeared in numerous injunction lawsuits in state and federal court where the issues arouse out of trade secrets, restrictive covenants, or unfair competition.

  • Plaintiff's counsel in South Central Kansas Health Insurance Group v. VASA Brougher et al. - lawsuit filed on behalf of group-funded health insurance pool against several defendants, including auditor, plan administrator and stop loss carrier, to recover losses. Significant settlements entered prior to trial.

  • Plaintiff's counsel representing large aircraft manufacturers against Certain Underwriters at Lloyd's London and other insurers seeking reimbursement under commercial general liability policies. Confidential settlements entered.

  • Defense counsel in Mitchael et al. v. Intracorp, Inc. et al., class action filed on behalf of Kansas chiropractors against medical review company and various insurers alleging, inter alia, antitrust and RICO violations. Summary judgment for defendants affirmed on appeal at 179 F.3d 847 (10th Cir. 1999).

  • Successfully defended a wide range of clients by obtaining summary judgment (and upholding judgement on appeal) in claims alleging race and gender discrimination under Title VII, claims arising under the Americans With Disabilities Act, other federal statutes, state law retaliatory discharge claims, and claims involving fair competition issues.

  • Successful defense of major printer and ink cartridge manufacturer in class action brought for fraud and violation of Kansas Consumer Protection Act relating to amount of ink contained in cartridges provided with new printers. Cole v. Hewlett Packard, Wyandotte County District Court, Case No. 01 C 2344, aff'd 84 P.3d 1047 (Kan. Ct. App. 2004) (per curiam).

  • Lead defense counsel in successful defense in fiduciary duty lawsuit related to ownership and control of large automobile dealerships with claims asserted totaling $94 million

  • Lead defense and trial counsel for large hospital against claims brought by groups of disaffiliating formerly employed physicians involving complex compensation and risk pool allocations.

  • Successful defense trial counsel in wrongful discharge and retaliation lawsuit brought by nurse alleging whistle-blower status against hospital affiliated employer.

  • Lead defendants’ trial counsel in complex and catastrophic trucking accident cases including defense of punitive damage claims. Smith v. Printup, 262 Kan. 587, 938 P.2d 1261 (1997).

  • Lead plaintiff’s counsel in Hutchinson gas explosion litigation resulting in jury verdict of $1.9 million in compensatory award and $5.25 million in punitive damages award for one group of clients and multiple significant settlements for other clients.

  • Plaintiff’s counsel in successful breach of fiduciary duty and punitive damage lawsuit against a controlling shareholder alleging misappropriation of mid-stream and producing properties belonging to a vertically integrated oil and gas company, including a freeze-out merger of a minority shareholder and stock appraisal. Kirk v. Woolsey , Sedgwick County District Court, Case No. 04-CV-3301.

  • Plaintiff’s counsel in commercial contract arbitration before AAA arbitrators in Chicago - $1.8 million


ARTICLES

2014
Analyzing a Trade Secret Case in Kansas
-The Journal of the Kansas Bar Association

2013
2013 Kansas Annual Survey, Volume XXIII, Torts
-Kansas Bar Association

2011
Prosecutorial Liability
-The Kansas Prosecutor

2009
Kansas Bar Association’s 2009 Annual Survey, Torts Chapter
-Kansas Bar Association
2013
The Basics of Section 1983 Actions to Enforce Civil Rights (Wichita Bar Association)

2012
Basic Civil Practice 101 (Wichita Bar Association)

2009
In the Courtroom (Kansas Bar Association)
Handling the Explosion Case: Much Assembly Required (Kansas Association for Justice)

2007
Doctors Are Suppliers, Too: The Impact of Williamson v. Amrani’s Ruling That Physicians Are Subject to the Kansas Consumer Protection Act (Kansas Bar Association)