Bernard J. Rhodes

More than 20 years experience litigating complex business and commercial disputes throughout the United States. Includes extensive jury trial practice, arbitration practice, and appellate practice and, more recently, alternative dispute resolution. Wide-ranging experience in all phases of media law and communications law for print, broadcast, cable and media throughout Midwest.

Complex Commercial

• Won summary judgment dismissing bank’s $7.5 million claim against cattle owner;
• Obtained permanent injunction and substantial monetary judgment on behalf of national cable company against seller of modified cable modems;
• Won $4.12 million jury verdict in test case as part of multi-party franchise dispute with national tax preparation firm; eventually collected $270 million on behalf of 16 clients;
• Collected $4.5 million jury verdict for national candy manufacturer for loss of customer goodwill and related damage to registered trademarks;
• Obtained jury verdict on behalf of owners of a $12 million business jet allowing them to return the plane to the manufacturer due to electrical defects;
• Recovered $1.7 million from national health insurance company in ERISA lawsuit brought on behalf of local non-profit research corporation;
• Won $1.3 million arbitration award for client in breach of contract and fraud case resulting from failed acquisition of business;
• Obtained $1 million jury verdict on behalf of national manufacturer against customer for damages caused by “bust-out” scheme;
• Conducted wide-ranging internal corporate investigation on behalf of major public corporation into alleged obstruction of justice; successfully handled federal grand jury investigation into matter; and
• Successfully defended big three automaker against claim of “covering up” alleged product defect in lawsuit brought by two so-called “whistle-blowers.”

Media

• Obtained appellate court reversal of $1.1 million jury verdict against network-affiliate TV station obtained by subject of police investigation into serial killer;
• Won dismissal of defamation case brought by national plastic surgery chain against out of state TV station over multi-part series exposing questionable practices;
• Obtained judgment on behalf of national insurer against agent who converted insurance premiums;
• Obtained dismissal of copyright infringement lawsuit brought against national television network by two brothers who claimed the network stole the idea for a popular television drama series from their unpublished manuscript;
• Successfully defended local television station in lawsuit resulting from undercover “sting” operation conducted by station;
• Won defense jury verdict in defamation action brought by school principal against local television station over false broadcast;
• Obtained reversal of prior restraint order against local television station prohibiting broadcast of internet sex predator investigation;
• Won summary judgment for national documentary producer in defamation case brought by local business owner over broadcast of footage showing anti-drug protest;
• Achieved dismissal of false light action resulting from broadcast of wrong mug shot;
• Obtained Kansas Supreme Court ruling allowing media outlets to object to closure of proceeding in high-profile murder trial; and
• Obtained summary judgment in defamation/false light action by dentist over broadcast concerning allegation that dentist violated Kansas Dental Act.

Intellectual Property

• Successfully resisted effort by major college football conference to require local TV station to change name of post-game sports program;
• Successfully prosecuted claim by national retailer against software developer for defective software integration; and

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• Successfully represented a major defense contractor in a jury trial against a competitor. Our client filed a counterclaim seeking to have the competitor’s trademark registration cancelled. The jury ruled in favor of our client. The trial court also denied the competitor’s motion asking the court to stop our client from selling the product.

Court Memberships

• Kansas
• Missouri
• New York

Honors

• Selected among The Best Lawyers in America®, 2003-2013
• Selected for Missouri/Kansas Super Lawyers, 2005-2009
• Selected for Best Attorneys Network Directory, 2005
• Martindale-Hubbell® “AV” Rating