Departments

Trial

Practice Areas

Trade Secrets Litigation

Education

J.D., Duke University School of Law, 1980, Order of the Coif; The Duke Law Journal, Editorial Board Member
B.A., cum laude, Yale University, 1977

Admissions

Missouri, 1980

Court Admissions

U.S. District Court, Western District of Missouri, 1980
United States Supreme Court, 1986
U.S. Court of Appeals, Fifth Circuit, 1986
U.S. Court of Appeals, Eighth Circuit
U.S. Court of Appeals, Ninth Circuit, 1994
U.S. Court of Appeals, Tenth Circuit, 1996
U.S. Court of Appeals, Sixth Circuit, 2000
U.S. District Court, Southern District of Texas, 1997
U.S. District Court, Northern District of Texas, 2003
U.S. District Court, Northern District of Illinois, 2008
U.S. District Court, Eastern District of Texas, 2009
U.S. District Court, District of Colorado, 2003

Kansas City (Downtown)

Phone: 816.374.0532

Fax: 816.374.0509

vCard

Russell S. Jones Jr.

Shareholder

Russell S. Jones, Jr. serves as chairman of the firm's Business Litigation practice group and is vice chair of the Intellectual Property Litigation practice group. With more than 30 years of practice, he serves industries including telecommunications; software and technology; local and state government; corporate directors and officers; franchisors; banks and financial services; utilities; sports licensors; professionals (lawyers and accountants); not-for-profit entities; and product manufacturers.

Mr. Jones handles trials, appeals and alternative dispute-resolution proceedings in the area of business litigation including trademarks, patents, copyrights and other intellectual property; class actions; securities; directors and officers liability; business torts; civil rights; communications; and antitrust. He has represented business clients in Missouri and other various state and federal trial and appellate courts throughout the United States.

Mr. Jones has handled more than three dozen class action cases in the areas of consumer fraud, securities, taxation, contract, local government and antitrust. He has served as lead enforcement counsel for a major sports licensor and has handled trademark, copyright and patent infringement cases for small and large businesses.

Memberships and Affiliations

Kansas City Metropolitan Bar Association
- Bar Legal Advisor, 2009
- Business Tort Law/Antitrust Law Committee, Past Chair
- Board of Directors, At-Large Member, 2010-2011
Lawyers Association of Kansas City
- President, 2002-2003
Missouri Bar
- Sports and Entertainment Law Committee, Chair, 2002-2004
American Bar Association
- Section of Litigation and Intellectual Property Litigation Sub-Section
Defense Research Institute (DRI)
- Commercial Litigation Committee
  - Steering Committee Member
  - Publications Chair
- Intellectual Property Litigation Special Litigation Group, Steering Committee
United Methodist Church of the Resurrection, Member
- Staff-Parish Relations Committee, Member, 2001-2005
- Staff-Parish Relations Committee, Chair, 2004-2005
- Board of Trustees, 2009-2011
  - Chair, 2011
Wildwood Outdoor Education Center
- Board of Directors, 1997-2002
- Board President, 2001-2002

Distinctions

2010 State Local Star recognition by Benchmark Litigation
Selected for inclusion in The Best Lawyers in America^® 2005-2012
- Intellectual Property Law
- Commercial Litigation
- Antitrust Litigation
- Patent Litigation
Selected for inclusion in Missouri & Kansas Super Lawyers, 2005-present

Experience

Class Actions

Successfully defended class action against credit life insurer accused of not refunding unearned premiums. Case was dismissed after court denied class certification.

Successfully defended class actions in Florida, Texas, New Jersey, New York, Illinois, Louisiana, Michigan and the District of Columbia involving claims that a wireless communications carrier allegedly failed to disclose issues about the quality of its coverage, the capacity of its network and the quality of its phones. In most cases, class certification was denied, and the cases were all dismissed or settled.

Successfully defended class actions in Florida, Missouri, New York, New Jersey, Alabama and California involving claims that a long distance communications carrier wrongfully failed to disclose that it billed for communications time in one-minute increments. All of the cases were resolved favorably after class certification was denied or by the granting of summary judgment in favor of the carrier.

Defended class actions in Washington, Florida, Texas and Illinois involving how a telecommunications carrier charged subscribers for local taxes. Two cases were dismissed, and the others were settled.

Defended class actions against corporate officers involving claims of securities fraud. Cases were settled.

Represented two classes of plaintiffs against life insurance companies that had promised to distribute a stated percentage of their annual profits to surviving policyholders. Both cases were settled after the courts certified them as class actions.

Defended a municipal police department in class action alleging wrongful forfeiture of property seized as a result of drug arrests. Pending.

Successfully defended a medical research institute against a purported class action alleging a violation of the Telephone Consumer Protection Act arising out of a facsimile transmission seeking volunteers for a research study. Case dismissed and affirmed on appeal.

Securities/D&O/Corporate Litigation

Defended officers of public corporations in derivative suits alleging breach of fiduciary duty arising out of executive compensation and vesting of stock options. Cases were settled.

Defended officer/director of public corporation in derivative suits alleging breach of fiduciary duty arising out of corporate bankruptcy. One case was dismissed, another settled. In re Stoico Restaurant Group Litigation, 2001 WL 30651 (D. Kan. 2001).

Defended officers and directors of federally insured financial institutions against claims brought by FDIC and RTC for alleged breach of fiduciary duty. All cases were settled. E.g., Resolution Trust Corp. v. Gibson, 829 F. Supp. 1121 (W.D. Mo. 1993); FDIC v. Dannen, 747 F. Supp. 1357 (W.D. Mo. 1990).

Represented corporate officers, directors and shareholders in derivative and shareholders’ rights litigation in Missouri state courts. McLeese v. J.C. Nichols Co., 842 S.W. 2d 115 (Mo. Ct. App. 1992) (derivative action, dismissed); Dawson v. Dawson, 645 S.W. 2d 120 (Mo. Ct. App. 1983) (derivative litigation, dismissal of client’s claims reversed).

Defended actions against law firms alleged to have wrongfully participated in investments by state public employers pension fund. E.g., KPERS v. Kutak Rock, 44 P. 3d 407 (Kan. 2002).

Defended officers and directors of federally insured financial institutions against claims brought by FDIC and RTC for alleged breach of fiduciary duty. All cases were settled, FDIC v. Dannen, 747 F. Supp. 1357 (W.D. Mo. 1990).

Business and Other Litigation

Represented state plaintiff in antitrust action against natural gas producers, pipelines and distributors accused of fixing the price of natural gas sold in Kansas and Missouri. Case was settled during trial for over $200 million. In re Wyoming Tight Sands Antitrust Cases, 866 F. 2d 1286 (10th Cir. 1989); on certiorari, 497 U.S. 199, 110 S. Ct. 2807 (1990).

Successfully defended claims for breach of contract against bank subsidiary brought by software licensor. Jury verdict in favor of client, including judgment on counterclaim.

Successfully defended Robinson-Patman Act counterclaim in trademark infringement action; court entered summary judgment in favor of client.
Raynor Mfg.Co., Inc. v. Raynor Door Co., Inc., 2009 WL 211942 (D. Kan., January 27, 2009).

Represented major wireless telecommunications carrier in litigation with other carriers concerning charging access fees. Cases settled.

Represented franchisor of tax preparation services against former Kentucky franchisee that breached post-termination non-compete covenants. Case settled after court entered preliminary injunction in favor of franchisor.

Defended city and its ambulance trust against antitrust claims arising out of implementing sole-provider public utility model of ambulance service in Kansas City. Gold Cross Ambulance v. City of Kansas City, 705 F. 2d 1005 (8th Cir. 1983).

Defended municipal police department in class action on behalf of persons whose property was seized and forfeited incident to arrests. Case pending.

Defended software company against claims for contract and tortious interference with business relations. Case settled.

Defended wireless telecommunications provider against claims for breach of contract. Settled after favorable district court decision dismissing action and referring it to state regulatory agency.

Intellectual Property Litigation

Successfully defended patent infringement action against supplier of banking software; jury verdict of non-infringement and invalidity after two-week federal court trial.

Represented supplier of banking software in patent infringement actions in Eastern and Northern Districts of Texas and obtained favorable settlements.

Represented over-the-trucking firm in patent infringement action involving vehicle location and vehicle tax calculation functions. Obtained order staying case pending re-examination of patent.

Represented licensor of professional athletes’ names, likenesses and other personal indicia in enforcement proceedings throughout the United States, enforcing licensing rights in connection with apparel, trading cards, figurines, collectibles, baseball bats, games and other merchandise.

Cardtoons, L.C. v. Major League Baseball Players Association,182 F.3d 1132 (10th Cir. 1999), 208 F.3d 885 (10th Cir. 2000) (en banc), 335 F.3d 1161 (10th Cir. 2003)
Cardtoons, L.C. v. Major League Baseball Players Association, 95 F.3d 959 (10th Cir. 1996)
In re Dad’s Kid Corp. Baseball Card Trademark Litigation, 33 U.S.P.Q. 1940 (C.D. Cal. 1994)
CBC Marketing and Distribution LLC v. Major League Baseball Advanced Media, 443 F.Supp.2d 1077 (E.D. Mo. 2006), 505 F.3d 818, (8th Cir. 2007)

Defended claims against maker of pet snacks for trademark and trade dress infringement, unfair competition and copyright infringement. Case settled before trial.

Successfully defended trademark infringement counterclaim in Robinson-Patman antitrust action. Henry v. Chloride, Inc., 809 F. 2d 1334 (8th Cir. 1987). (Affirming jury verdict for client).

Defended public corporation that sells operating software for financial institutions against claims of patent infringement in Eastern and Northern Districts of Texas. Suits pending.

Defended maker of vehicle and trailer lights against claims of patent infringement. Favorable settlement just before trial.

Successfully defended public company against claims of patent infringement involving electronic billing and payment system. Case dismissed by plaintiff after favorable claim construction decision.

Defended multiple patent infringement actions involving consumer products. Cases settled.

Defended patent infringement action against seller of project management software. Case settled.

Defended ophthalmology group against copyright infringement claims arising out of using photographic images on web site. Case settled.

Helped defend patent infringement action involving sports equipment. Case settled.

Obtained preliminary and permanent injunction against Chinese importer of knock-off consumer electronics goods.

Publications & Presentations

May 2009	Complex Litigation and Class Actions KCMBA Bench-Bar-Boardroom Conference Lake Ozark, MO
April, 2009	Internet Law Issues for Businesses, DRI Commercial and Intellectual Property Litigation Symposium Chicago, IL
June, 2008	Representing Defendants in Class Actions, Kansas City Metropolitan Bar Association CLE presentation
June, 2008	The Right of Publicity and the First Amendment Oklahoma Bar Association Intellectual Property Law Section
August, 2007	Current Issues Involving the Right of Publicity and the First Amendment, For the Defense
June 1, 2006	The Flip Side of Privacy: The Right of Publicity and The First Amendment 39 Creighton L. Rev. 939 (2006)
2005	Current Legal Issues in Not For Profit Corporate Governance The Broadbaker Group
2002	Current Legal Issues in Corporate Governance Kansas City Metropolitan Bar Association 16th Annual Corporate House Counsel Institute, CLE
1999	Class Actions – What to Look for and What to Avoid Kansas City Metropolitan Bar Association CLE
1999	Essentials of Infringement Litigation University of Missouri Law School CLE
1999	Overview of Federal Antitrust Law National Federation of High School Athletic Associations, Annual Meeting
1999	The Attorney-Client Privilege and Work Product Immunity
1996	Directors and Officers Insurance University of Missouri-Kansas City Law School CLE
1991	Federal and Kansas Antitrust Statutes General Overview Washburn School of Law CLE