Todd Feltus

Todd Feltus is an accomplished litigator with more than 20 years of experience handling a wide variety of complex business litigation matters in state court, federal court, and arbitration. Todd's recent areas of focus have included disputes involving business acquisitions, corporate governance, defamation, real estate contracts, professional malpractice, trade secrets, and estate and trust litigation. He also has extensive experience in appellate matters. In addition to resolving matters through trials and motion practice, Todd has resolved many cases through creative settlements that have gone beyond simply the payment of money.

Todd’s clients have ranged from publicly traded companies, to small businesses and individuals. He has experience in numerous industries, including real estate, construction, telecommunications, hospitality and food services, consulting services, waste management, and banking and financial services, and software and information management.

More About Todd Feltus

Education

• J.D., magna cum laude, University of Arizona, 1998
• A.B., Business Economics/Political Science, Brown University, 1995

Bar Admissions

• Arizona, 1998

Court Admissions

• U.S. Supreme Court
• Arizona Supreme Court
• United States Court of Appeals, Ninth Circuit
• United States District Court, District of Arizona
• Pro hac vice admission in state and federal courts in California, Delaware, Illinois, Iowa, Oregon, Texas, and Wisconsin

Community

• American Bar Association, Litigation and Law Practice Management Sections
• Arizona State Bar, Trial Practice and Appellate Sections
• Maricopa Bar Association, Member
• University of Arizona College of Law, Board of Visitors
• Shemer Art Center, Board Member and Board Counsel
• Fiesta Bowl Committee, Life Member
• Cystic Fibrosis Foundation – Arizona’s Finest Couples, 2007

Representative Matters

General Business Litigation

• Obtained dismissal of claims asserted against life insurance beneficiary by company and investors for alleged wrongdoing by the insured.
• Obtained summary judgment for large professional services arm on breach of contract and tort claims related to implementation of enterprise resource package software brought by Fortune 500 big-box retailer that sought over $200 million in damages.
• Obtained dismissal of multi-million dollar putative class action claim brought against large franchisee on claim of alleged improper fax advertising.
• Obtained $700,000 judgment for purchaser of airplane, including award of punitive damages and attorneys’ fees, due to defective condition of the airplane.
• Obtained favorable ruling in arbitration involving service contract of construction equipment.
• Obtained defense verdict in bench trial regarding a commission dispute with independent contractor and awarded attorneys’ fees.
• Prevailed in bench trial asserting claims under the Arizona Adult Protective Services Act and finding that purported gift between family members was invalid.

Corporate Shareholder Litigation

• After nine-day preliminary injunction hearing, obtained order removing director for fraudulent conduct and recovering remaining corporate assets.
• Obtained dismissal of claims asserted by minority shareholder in connection with shareholder dispute of corporation that owned a large parcel of land in northern Arizona.
• Obtained judgment after a bench trial in action regarding the disposition of sales proceeds of family-owned business.
• Obtained dismissal of all claims, including award of attorneys’ fees, against large Arizona-based ranch operation asserted by a purported purchaser of shares in the ranch operation.
• Represented former promoters and officers of real estate investment trust in lawsuits filed in multiple jurisdictions by the REIT for breach of contract, racketeering, and breach of fiduciary duty.
• Represented LLC members in action brought by member over the terms of the operating agreement and management of the LLC.

Real Estate Litigation

• Obtained dismissal of lawsuit brought by purchasers of Mexican condo project against escrow agent.
• Obtained dismissal, and award of all attorneys’ fees, for commercial real estate investors in breach of real estate purchase contract and development agreement and related fraud claims.
• Obtained summary judgment for Arizona-based franchisee in a claim brought by competitor for breach of a shopping center restrictive covenant.
• Obtained injunction, and award of all attorneys’ fees, for homeowner in case involving breach of homeowner association CC&Rs.
• Obtained summary judgment, and award of attorneys’ fees, for real estate investor on claims asserted by developer partner for improperly terminating development agreement.
• Defeated attempt to enjoin trustee sale in conjunction with dispute over sale of a hotel.
• Representation of tenancy-in-common group in real estate transaction and loan agreement involving forged signatures.

Trade Secrets Litigation

• Obtained injunctive relief for manufactured home manufacturer against former plant manager and start-up company based on misappropriation of trade secrets, including construction designs, employee lists, and other proprietary data.
• Obtained injunctive relief for telecommunications company against former employee for misappropriation of trade secrets, including customer lists and financial data.
• Obtained dismissal of claims for limited partner of startup company asserted by manufacturing company for tortious interference and aiding and abetting in startup company’s founder’s alleged breach of fiduciary duty.

Appellate Matters

• Obtained ruling affirming that life insurance beneficiaries are not subject to claims by the decedent’s creditors.
• Obtained reversal of bankruptcy court ruling that earn-out provision in the sale of business was breached and reversal of $1 million lost profits award
• Obtained reversal of trial court’s dismissal of fraud claim in a real estate purchase contract.
• Obtained ruling affirming trial court’s decision on the terms of a real estate purchase contract and reversing trial court’s award of attorneys’ fees.
• Obtained reversal of trial court ruling that allowed city to withhold the security records of the mayor.

Reported Cases

• Housing Recovery Academy v. Candelario, 562 F. Supp. 3d 333 (D. Ariz. 2022)
• Walls v. VRE Chicago Eleven, LLC, 344 F. Supp. 3d 932 (N.D. Ill. 2018)
• White Mountain Health Center v. Maricopa County, 241 Ariz. 230, 386 P.2d 416 (App. 2016) (amicus brief)
• Marsh v. Coles, 238 Ariz. 398, 361 P.3d 383 (App. 2015)
• Western Alliance Bank v. Jefferson, 119 F. Supp. 3d 961 (D. Ariz. 2015)
• ML Servicing Co., Inc. v. Coles, 235 Ariz. 562, 334 P.3d 745 (App. 2014)
• Lerner v. DMB Realty, LLC, 234 Ariz. 397, 322 P.3d 909 (App. 2014)
• Ryan v. Gonzales, 133 S. Ct. 696 (2013) (amicus brief)
• Judicial Watch, Inc. v. City of Phoenix, 228 Ariz. 393, 267 P.3d 1185 (App. 2011)
• In re Gorilla Companies, LLC, 454 B.R. 115 (D. Ariz. 2011)
• In re Gorilla Companies, LLC, 429 B.R. 308 (Bankr. D. Ariz. 2010)
• Golonka v. General Motors Corp., 204 Ariz. 575, 65 P.3d 956 (App. 2003)
• Long v. Napolitano, 203 Ariz. 247, 53 P.3d 172 (App. 2002)
• Magellan Real Estate Inv. Trust v. Losch, 109 F. Supp. 2d 1144 (D. Ariz. 2000)

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