PRACTICE AREAS

Antitrust

Business Litigation

Class Actions

Corporate Directors & Officers Liability Litigation

Intellectual Property and Technology Litigation

Trade Secrets Litigation

Russell S. Jones, Jr. has more than 28 years’ experience, and chairs the Kansas City Business Litigation practice group. He serves industries including telecommunications; software and technology; local and state government; D&O insurers; franchisors; banks and financial services; utilities; 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.

DISTINCTIONS

Listed in The Best Lawyers in America in Intellectual Property Law and Commercial Litigation 2004-2009

Designated as a Missouri & Kansas Super Lawyer 2005-2008

COMMUNITY AND BAR INVOLVEMENT

Lawyers Association of Kansas City (a 600-member volunteer legal organization focusing on public service)

President (2002-2003)

Kansas City Metropolitan Bar Association

Bar Legal Advisor, 2009

Business Tort Law/Antitrust Law Committee, Past Chair

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

Intellectual Property Litigation Special Litigation Group

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)

Wildwood Outdoor Education Center

Board of Directors (1997-2002)

Board President (2001-02)

NOTABLE EXPERIENCE

Representative cases Mr. Jones has handled:

Class Actions:

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.

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.

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.

Defended a credit insurance company in a class action in federal court in Ohio seeking a refund of allegedly unearned premiums.

Intellectual Property Litigation:

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, 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), __ F.3d __, 2007 WL 2990366 (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.

Defended trademark infringement counterclaim in Robinson-Patman antitrust action. Henry v. Chloride, Inc., 809 F. 2d 1334 (8th Cir. 1987). (Judgment entered for client).

Defended public corporation that sells operating software for financial institutions against claims of patent infringement. Suit pending.

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

Defended public company against claims of patent infringement involving electronic billing and payment system. Case settled after favorable claim construction decision.

Defended patent infringement actions involving consumer products. Case settled.

Defended patent infringment 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.

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).

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).

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

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 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 and officers in wrongful death actions. One case settled; another resulted in summary judgment for client. McNeal v. Zobrist, 2006 WL 2692816 (D. Kan. 2006); another pending.

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

PUBLICATIONS AND PRESENTATIONS

August, 2007

Current Issues Involving the Right of Publicity and the First Amendment

June 1, 2006

The Flip Side of Privacy: The Right of Publicity, The First Amendment

39 Creighton L. Rev. 939

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

Overview of Federal Antitrust Law

National Federation of High School Athletic Associations, Annual Meeting

1999

The Attorney-Client Privilege and Work Product Immunity

Corporate client 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

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

EDUCATION

J.D., with distinction; Order of the Coif, Duke University, 1980, Mr. Jones served on the editorial board of the Duke Law Journal

B.A., cum laude, Yale University, 1977

BAR ADMISSIONS

Missouri, 1980