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
- enforcement actions, rule making, decertification, show cause, appeals
Antitrust and trade regulation
Bankruptcy and creditors' rights
- 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
- price fixing, dealer termination, monopoly, price discrimination, refusals to deal, tying arrangements, and other trade regulation issues.
Directors and Officers Liability
Employee benefits and employee benefits litigation
Environmental and natural resources
Fiduciary Litigation/ERISA Litigation
Financial Institutions - deficiencies and lender liability
Franchise and Distribution Litigation
Government Investigations & White Collar Crime
Plantiff's Commercial & Fiduciary Duty Litigation
State and local tax controversy
Trade secret and Noncompete Litigation
Trust and Estate Litigation
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
Analyzing a Trade Secret Case in Kansas
-The Journal of the Kansas Bar Association
2013 Kansas Annual Survey, Volume XXIII, Torts
-Kansas Bar Association
-The Kansas Prosecutor
Kansas Bar Association’s 2009 Annual Survey, Torts Chapter
-Kansas Bar Association
The Basics of Section 1983 Actions to Enforce Civil Rights
(Wichita Bar Association)
Basic Civil Practice 101
(Wichita Bar Association)
In the Courtroom
(Kansas Bar Association)
Handling the Explosion Case: Much Assembly Required
(Kansas Association for Justice)
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)