PRACTICE AREAS

Business Litigation

Philip W. Bledsoe, a trial lawyer with over 25 years experience representing a wide variety of businesses, has appeared in state trial and appellate Courts in Colorado, Missouri, Kansas, Kentucky, Iowa and Illinois, and Federal Courts for Colorado, Missouri, Kansas, Arkansas, California, Kentucky, Illinois, Iowa and Oklahoma. Approximately one half of his practice is in Federal Court. As lead counsel, Mr. Bledsoe has tried to a conclusion nearly forty jury trials, bench trials, and arbitrations.

Mr. Bledsoe's substantive experience includes antitrust, bankruptcy adversary proceedings, class actions, contract, commercial and NASD arbitrations, construction, employment litigation, fraud (including securities fraud), franchise terminations, fiduciary duty claims involving officers, directors and shareholders, interference with contract, lender liability, product liability, professional negligence, trademark and other intellectual property matters. His clients include those engaged in banking, brokerage, cable television, consulting, computer manufacturing and sales, engineering, insurance, manufacturing, marketing, medical devices, mining, petroleum marketing and refining, publishing, reinsurance, real estate development, software development and sales, sports regulation, telecommunications and law firms and other professionals.

COMMUNITY AND BAR INVOLVEMENT

International Association of Defense Counsel (IADC)

Colorado Bar Association

The Missouri Bar

Denver Metropolitan Bar Association

Kansas City Metropolitan Bar Association

NOTABLE EXPERIENCE

General Commercial Litigation

Represented multinational publicly traded company in defending substantial claim brought against company and subsidiaries for interference with contract, fraud and piercing the corporate veil. Verdict in favor of client following two and one half month jury trial.

Represented distributor in breach of national distribution agreement involving industrial electric motors. Case was arbitrated and $1.4 million award in favor of client confirmed.

Represented publicly traded telecommunication company in its claim against a national long distance carrier for breach of carrier contract. $2.7 million award in favor of client.

Represented investor and patent right holder in claims against document management and imaging company. Settlement obtained on behalf of investor.

Represented class of coaches in three week jury trial against NCAA for violation of antitrust price fixing rules. Award of $30 million (after trebling) to members of class.

Represented publicly traded software company in contact dispute arising from start-up of marketing subsidiary and claim to pierce corporate veil. Jury verdict returned in favor of client.

Represented investor and patent right holder in claim against document management and imaging company. Settlement obtained on behalf of investor.

Represented publicly traded national uniform company in breach of requirements contract with multinational service company. Case settled for amount in excess of pretrial demand during jury trial.

Represented publicly traded manufacturing/franchiser involving claim of fraud and improper franchise termination. Three week jury trial.

Represented individual in claim against former employer in breach of buyout and non-competition agreement claim by individual. Judgment in excess of $1.2 million awarded in favor of client.

Represented a number of closely held partnerships, limited liability companies and S corporations in fiduciary duty claims and/or business dissolution matters. Experience in this area includes four separate jury trials, two court tried matters, and two arbitrations.

Represented publicly traded company in defense of claimed breach of asset sale agreement. One week jury trial.

Assumed representation for a bank on three related claimed lender liability breach of fiduciary duty and fraud cases pending in Kentucky. The first case had already been tried and a verdict of over $3 million had been rendered against the client.The case was handled on appeal before the Sixth Circuit, argued by Phil, and the Judgment was reversed in significant part. The case was subsequently settled for less than half of the original judgment amount. The second case was tried by Phil before the same bankruptcy court, before the same judge and resulted in a verdict in favor of the bank. The third related case was tried in Kentucky state court in a month long jury trial. Plaintiff asked for award in excess of $5 million. The result was a net verdict in a month long jury trial, to the Plaintiff of $85,000. The case was subsequently settled for less than the net verdict.

Banking Litigation

Defended bank in class action case on issue of claim for restitution and recovery for illegal interest arising from unique loan program. Class was denied.

Represented minority shareholders of locally owned community bank in dispute regarding corporate governance and potential sale of bank. Matter resolved after minority shareholders obtained preliminary injunction.

Defended bank in three related so-called lender liability cases arising from a series of loans where fraud and fiduciary duty claims were raised in state court and bankruptcy adversary proceedings.

Defended servicing bank on class action cases in Missouri, Tennessee and North Carolina for alleged violations of various state second mortgage acts.

Defended bank on issue of attempted wrongful foreclosure of family farm. The state court jury verdict was reversed on appeal and judgment entered in favor of client.

Represented bank against fidelity bond company seeking coverage for fraudulent scheme directed against bank involving falsified invoices on construction draw note.

Represented financial institution in upstream UCC liability case involving altered and forged checks. Arose from multi-million dollar embezzlement at grain company. Issue was where the loss would be placed within the banking chain.

Trial of jury case involving a breach of contract/loan commitment letter.

Represented financial institution in derivative action brought by minority shareholders following ouster of bank president. Matter resolved after mediation.

Real Estate Litigation

Defended multinational real estate developer in claim brought by City of Kansas City for claimed failure to redevelop historic Union Station. Following a multiple-week jury trial, verdict rendered in favor of client. Case resolved favorably pending appeal.

Represented national real estate broker in suit involving nationwide representation contract with a national casual dining company. Case was resolved shortly before trial.

Represented owner of a large office building on claim of redevelopment blight against longtime holder of redevelopment rights. Case resolved favorably one day before trial.

Represented national restaurant company in lease dispute with strip center developer. One week trial. Case was resolved on appeal.

Represented developer in suit with municipality concerning subdivision agreeement.

Represented real estate owner/developer in nuisance and trespass case brought by neighboring business. Client was dismissed from case during trial by the trial court.

Represented bank in series of substantial real estate loans ultimately resulting in claims against bank for fraud and breach of fiduciary duty. Cases involved adversary proceedings in three bankruptcy cases including a 3 week trial to the bankruptcy court, a month long jury trial in state court, and an appeal to the Sixth Circuit.

Represented multinational publicly traded company in substantial claim brought against company and subsidiaries for interference with contract, fraud and piercing the corporate veil. Verdict in favor of client following two and one half month jury trial.

Construction Litigation

Represented publicly traded national long distance provider and telecommunication company in several construction delay claims arising from build out of fiber optic network.

Represented national engineering company in claims for payment for services regarding $500 million project.

Represented resort Homeowner’s Association in claims against contractors for breach of contract and negligence following a fire on the premises.

EDUCATION

University of Missouri-Columbia School of Law, 1984, J.D.

Details: Missouri National Moot Court Team (1983-84); Missouri Law Review (1983-84).

University of Missouri-Columbia, 1977, B.G.S.

BAR ADMISSIONS

Missouri

Colorado