Kercsmar & Feltus PLLC - www.businesslawaz.com

Practice Areas and Experience

The firm’s founder, Geoffrey S. Kercsmar, has been handling complex litigation for over a decade. Mr. Kercsmar has prosecuted and defended lawsuits involving business contracts, technology contracts, business torts, intellectual property and trademarks, construction and finance issues, professional malpractice, corporate governance and commercial fraud. Mr. Kercsmar has successfully represented a wide range of clients, from Fortune 500 companies to individuals.

Mr. Kercsmar has experience in a wide array of industries, including construction, real estate development, the automobile and aviation industries, hospitality, entertainment and food services, cosmetics and cosmetic suppliers, agriculture and agricultural supply companies, telecommunications, consulting services, banking and financial services, mining, mobile home sales and management, health care, and software and information management.

Before forming Kercsmar & Feltus (and its forerunner, The Kercsmar Law Firm P.C.), Mr. Kercsmar practiced with Snell & Wilmer, LLP, the largest law firm in the Southwest.  He has also practiced with Richards, Layton & Finger, Delaware’s largest law firm and the world leader in corporate governance litigation.

Representative Cases and Clients

• Argued and prevailed before the Arizona Court of Appeals following the appeal of a special action hearing to quash multi-million dollar materialman’s lien.
• Defended the world’s largest agricultural supply companies in a four-week trial in the Maricopa County Superior Court.
• Obtained a complete defense verdict on behalf of one of the world’s largest private education providers in a contract dispute with its former partner, a four-year private college.
• Defended two individuals accused of securities fraud by the Arizona Corporation Commission in connection with their sales of raw mineral contracts.
• Obtained a favorable arbitration decision on behalf of a leading ice cream and dessert franchisor against a terminated franchisee.
• Represented a major institutional investor in litigation against both the lead lending institution and the project developer in a major residential construction project in downtown Phoenix.
• Obtained a complete defense decision, including attorney’s fees, on behalf of a real estate development company accused of negligence in its construction and management of an office park.
• Obtained a favorable arbitration award on behalf of individual investors against a major condominium developer following the construction of one of the largest residential projects on the Tempe waterfront.
• Represented an international wholesaler of botanical cosmetic ingredients in a patent infringement lawsuit in the United States District Court.
• Argued before the United States Court of Appeals for the Federal Circuit in a trademark matter.
• Successfully obtained a temporary restraining order on behalf of a foreign airline company engaged in federal litigation against the lessor of its entire fleet of Boeing aircraft.
• Obtained a complete defense ruling on behalf of a real estate lender accused of fraud in its lending practices.
• Represented a high-profile real estate development consulting firm in arbitration against its developer client.
• Represented one of the largest excavating companies in the Southwest in defending its lien rights against property developers.
• Represented a hotel investment and management company in litigation against the purchaser of one of its largest hotels.
• Represented an individual inventor in a patent infringement action against one of the largest manufacturers of tools and hardware in the world.
• Successfully defended an individual homeowner accused of failure to disclose a disorderly neighbor in a case that received national media attention.
• Defended a real estate holding company accused of securities fraud and corporate malfeasance by its minority shareholder.
• Represented the Arizona State Legislature in the SB 1070 litigation
• Represented a leading dietary supplement company in its claims against a competitor for false advertising under the Lanham Act
• Obtained judgment on patent infringement claims in favor of patent holder
• Successfully represented an individual on defamation claims against an internet blog
• Defended an Arizona based company in a copyright infringement suit relating to the resale of allegedly grey-market goods
• Represented investors in securities fraud litigation brought against the seller of interests in multi-family housing complexes in Arizona, Nevada and Washington
• Represented the owner of a marketing company in corporate governance litigation against his co-owner
• Returned control of a global security company to the rightful majority owner through a preliminary injunction in federal court
• Successfully defended a national bank in federal district court and on appeal in the Ninth Circuit against claims of negligence brought by a reverse mortgage applicant
• Successfully defended efforts to obtain an injunction for alleged trademark and copyright infringement made by seller of sophisticated test equipment against an Arizona-based seller of competing equipment
• Defended leading financial services firm against claims of professional malpractice made by former client

Professional Experience

Kercsmar & Feltus P.L.L.C., August 2008 to Present
The Kercsmar Law Firm P.C., May 2006 to August 2008
Snell & Wilmer L.L.P., June 2000 to May 2006
Richards, Layton & Finger, August 1998 to May 2000

Education

The Dickinson School of Law (J.D. 1998)
Trent University (B.A., Honors, 1993)

Court Admissions

United States Supreme Court
Supreme Court of Delaware
Supreme Court of Arizona
United States Court of Appeals, Federal Circuit
United States Court of Appeals, Ninth Circuit
United States District Court, District of Delaware
United States District Court, District of Arizona

Media Appearances

Mr. Kercsmar has appeared on behalf of clients on Good Morning America, Fox Business News Channel and local news stations.

Community Involvement

Mr. Kercsmar is a committed member of the Scottsdale community.  Since 2007, he has been a member of the City of Scottsdale Board of Adjustment.  He is also a graduate of the Scottsdale Leadership Core Program (Class XX) and is an alumni member of the Scottsdale Leadership. 

Mr. Kercsmar is formerly a director of the Maricopa County Bar Foundation, the charitable arm of the Maricopa County Bar Association.  In connection with the Maricopa County Bar Foundation, Mr. Kercsmar was the Chairman of the 2006 and 2007 Comerica Bank Pro Bono Golf Classic.  Mr. Kercsmar is also an active participant in the Maricopa County Volunteer Lawyer’s program.

Personal

Mr. Kercsmar was born in Burlington, Vermont and was raised in Philadelphia, Pennsylvania.  He is married to Carrie Kercsmar, of counsel to the firm.  The Kercsmars have three daughters.