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Joan K. Archer

Securities Profile

Ms. Archer has extensive experience litigating a variety of disputes, including complex business litigation, securities litigation and arbitrations, environmental litigation, product liability litigation, municipal litigation and appeals (click here to view her intellectual property profile). Ms. Archer's courtroom experience includes having first- or second-chaired over ten jury trials, bench trials and preliminary injunction hearings. Ms. Archer also is well-versed in the use of presentation technologies and graphics at trial. In Ms. Archer's capacity as president of Archer Jury Focus, LLC, she conducted focus groups, performed videotaped witness preparation, completed post-verdict jury interviews, and was involved in several mock trials and hearings, including Markman and appellate hearings.

Ms. Archer's significant experience includes:

  • Handled numerous trademark and trade dress infringement cases, including several for financial services institutions. In one case that Ms. Archer first-chaired, Security Bank of Southwest Missouri v. Security Bank, she was retained to replace counsel after a temporary restraining order (“TRO”) was entered against the defendant. She succeeded in getting the TRO reversed and the request for a preliminary injunction denied. A favorable settlement subsequently was obtained for her client. She also was lead counsel in another financial services trademark infringement case, Leader Mortgage Company v. U.S. Bancorp, N.A., that resulted in a favorable settlement for U.S. Bank. 
  • Lead counsel for national recording industry association in four states combating infringing music downloads. 
  • First-chaired several trademark and copyright cases that involved substantial computer software and Internet-related issues, including those in which the domain name was in issue. 
  • Litigated several trademark cases in which consumer products were in issue, including one involving a national restaurant chain (Applebee’s International, Inc. v. Societe Des Produits Nestle, S.A.), and another that centered on the trade dress of a nationally famous dog treat (S&M Nutec, LLC v. TFH Publications, Inc.). Both resulted in favorable settlements for her clients. 
  • Lead counsel in the landmark electronic discovery case, Balboa Threadworks, Inc. v. Stucky, in the U.S. District Court for the District of Kansas. Successfully settled copyright and infringement claims using electronic evidence obtained from defendants’ computers. 
  • First-chaired several trademark opposition matters before the U.S. Patent and Trademark Office and the Trademark Trial & Appeal Board. 
  • Litigated several patent cases and patent arbitration and Markman hearings. 
  • First-chaired a lengthy N.A.S.D. securities arbitration hearing. 
  • Handled a substantial breach of contract action on behalf of a national seminar company that resulted in a very favorable settlement (Progressive Business Publications, Inc. v. SkillPath Seminars). 
  • Successfully litigated major Robinson-Patman Act antitrust case on behalf of largest cattle growth implant manufacturer in the United States (Walco International Inc. v. Ivy Animal Health Inc.).
  • Successful settlement for defendant Internet marketer in trademark infringement action following preliminary injunction hearing (Chemidex v. Chemdex). 
  • Litigated breach of contract and unauthorized biography case involving famous rock star (Huff v. Sammy Hagar). 
  • Litigated covenant not to compete case involving national greeting cards manufacturer (Hallmark Cards Inc. v. Callison). 
  • Obtained entry of a summary judgment in a substantial business litigation matter on behalf of a local limited liability company against a nationally famous investment company (Lynch Multimedia, et al. v. Carson, et al.). 
  • Performed trial consulting services in a wide variety of business litigation and product liability matters, including witness preparation, development of trial graphics, preparation of opening arguments and closing statements, general trial presentation services and post-trial jury research. 
  • Performs extensive reviews of product designs to assess intellectual property issues for leading national retailer. 
  • Manages trademark portfolio of the largest seminar company in the world (SkillPath Seminars). 
  • Tried several civil tort jury trials and obtained favorable verdicts.

Ms. Archer was Law Clerk to Justice Fred N. Six of the Kansas Supreme Court from 1992 to 1994.


Education
  • University of Kansas School of Law, J.D., 1992
  • University of Kansas, Ph.D., Communication Studies, 1991
  • Wayne State University, M.A., Communication Studies, 1984
  • Gonzaga University, B.A., Speech Communication, summa cum laude, 1982
Admissions
  • Missouri, 1993
  • Kansas, 1992
Court Memberships
  • U.S. Court of Appeals for the Tenth Circuit, 2000
  • U.S. Court of Appeals for the Eighth Circuit, 1997
  • Missouri Supreme Court, 1993
  • U.S. District Court for the Western District of Missouri, 1993
  • Kansas Supreme Court, 1992
  • U.S. District Court for the District of Kansas, 1992
Honors
  • Best of the Bar by the Kansas City Business Journal, 2009
  • Selected for Missouri/Kansas Super Lawyers - 2009
  • Martindale-Hubbell® "AV" Rating
  • American Bar Association, Litigation Section, Expert Witnesses Committee Co-chair, 2009
  • American Bar Association, Litigation Section, Outstanding Subcommittee Chair, 2008
  • Kansas Law Review, Managing Editor & Staff Member, 1990-1992
  • Payne & Jones Appellate Advocacy Award, 1990
  • American Jurisprudence Award in Constitutional Law I and II
  • Judicial Clerkship Clinic, Judge Michael J. Malone, Kansas District Court, 1991
Professional Affiliations

Professional Memberships

  • Round Table Group Expert Network -- Trademark Law
  • U.S. District Court for the District of Kansas Bench Bar Committee Member, 2005-2008 
  • Earl E. O'Connor Kansas Inn of Court, Master, Board Member, 2008 Ethics Seminar Chair and Current Co-Chair Community Outreach
  • American Bar Association
  • Kansas Bar Association
  • The Missouri Bar
  • Association of Women Lawyers of Greater Kansas City
  • Kansas City Metropolitan Bar Association
  • ABA Section of Litigation, Special Committee on Jury Innovations, 2009
  • ABA Section of Litigation, Co-Chair Expert Witness Committee, 2008 to present
  • ABA Section of Litigation, Expert Witness Committee, Program Subcommittee Co-Chair, 2006-2008 
  • ABA Section of Litigation, Intellectual Property Litigation Committee, Trademarks Subcommittee, Co-Chair, 2008-Present
  • ABA Section of Litigation, Intellectual Property Litigation Committee, Internet & Computer Litigation Subcommittee, Co-Chair, 2006-2008

Civic Activities

  • Folly Theater, President, Board of Directors, 2007-present
  • Metropolitan Performing Arts Center Ambassador, 2006-2008
  • Kansas Masonic Center Foundation Uncork the Cure Fundraiser Committee Member, 2004-2006
  • Leadership Overland Park, Graduate, 2000
  • City Attorney for City of Countryside, Kansas, 1997-1998
Publications
  • Daubert and Financial Experts: Standards and Tips for Ensuring Testimony is Admissible, ABA Section of Litigation Annual Conference, April 29–May 2, 2009
  • Author, Attorney-Client Privilege and the Work-Product Doctrine, National Business Institute, December 2008
  • Author, Winning Your First Civil Trial, National Business Institute, December 2008
  • Author, Electronically Stored Information, Protective Orders and E-Discovery, Lorman Seminars Handbook, June 2008
  • Co-author, Getting on Board with the Trademark Trial and Appeal Board's New Rule Changes, American Bar Association Intellectual Property Litigation Roundtable Outline, January/February 2008
  • Author, Ensuring Your E-Discovery Procedures are in Compliance with the New Rules, National Business Institute, November 2007 and June 2007
  • Author, Joint Defense/Common Interest Privilege in Kansas, The Journal of the Kansas Bar Association, January 2006
  • Co-author, Inside and Outside Counsels' Perspectives on Trial Technology and Persuasion, Robert O. Lesley and Howard E. Buckles, DRI Fire and Casualty Seminar, November 2003
  • Author, Effective Oral Argument, Missouri Organization of Defense Lawyers, July 1998
  • Author, Oral Argument, K.B.A. Kansas Appellate Practice Handbook (Carol Green ed, 2d 1998)
  • Author, Comment, Communication and Psychology Variables: Reasons to Reject the Summary Jury Trial as an Alternate Dispute Resolution Technique, Kan. L. Rev. 1071 (1991)
  • Author, Locus of Control and Juror Attributions of Comparative Negligence, (Ph.D. dissertation, University of Kansas) (1991)
In The News
05/29/2009 Kansas City Business Journal: Web addresses will enter a new and bigger domain

Press Releases
08/17/2009 Joan Archer a Featured ABA Panelist on Adware, Spyware
07/30/2009 Joan Archer Appointed to Two ABA Special Committees
02/09/2009 Joan Archer Featured in "Legal Issues Protecting Your Product"
09/09/2008 Joan Archer Appointed to Lead ABA Expert Witness Committee
09/02/2008 Joan Archer Presents at ABA Annual Meeting on Initial Expert Meetings
03/04/2008 ABA Section of Litigation Names Joan Archer Outstanding Subcommittee Chair
05/02/2006 Joan Archer Joins Lathrop & Gage's Intellectual Property Practice

Presentations
  • Panelist and Moderator, Behind-the-Scenes Trademark Use on the Internet: Keywords, Adware, Spyware, and more, American Bar Association Teleconference, September, 2009
  • Speaker, Avoiding Attorney-Client Privilege and Confidentiality Missteps in the Electronic Age, Kansas Paralegal Association, June 2009
  • Speaker, Avoiding Attorney-Client Privilege and Confidentiality Missteps in the Electronic Age, State of Kansas, Department of Administration, Continuing Legal Education Seminar, April 2009
  • Speaker, Avoiding First Date Jitters: Tips for Your First Meeting With Your Expert, The Earl E. O'Connor American Inn of Court, April 2009
  • Speaker, Winning Your First Civil Trial, National Business Institute, December 2008
  • Speaker, Attorney-Client Privilege and the Work-Product Doctrine, National Business Institute, December 2008
  • Guest Speaker, Behind the Curtain: Keywords and Adwords and Metatags Oh My!, Iowa Intellectual Property Law Association, Des Moines, Iowa, October 10, 2008
  • Panelist and Moderator, Avoiding First Date Jitters: Tips for Your First Meeting With Your Expert, American Bar Association Annual Meeting, New York, New York, August 2008
  • Internet Law and Intellectual Property, Protecting Online Assets and Enforcing Your Rights, Lunch & Learn, Lathrop & Gage, July 2008
  • Electronically Stored Information, Protective Orders and E-Discovery, Lorman Seminars, June 2008
  • Co-chair and Co-Moderator, Catastrophic (& Non-Catastrophic) Ethical Lapses, The G. Thomas Van Bebber Ninth Annual Ethics in Litigation Forum, The Earl E. O'Connor American Inn of Court, June 2008
  • Behind-the-Scenes Trademark Usage on the Internet: Keywords, Adware, Spyware and More, American Bar Association, Section of Litigation Annual Conference, April 2008
  • Intellectual Property 101, Presentation to Firm Clients, January 2008
  • E-Discovery: Applying the New FRCP Changes, Presented by National Business Institute, November 2007
  • Willfulness, Preliminary Injunctions, Scope of Waiver and the Role of Opinions Post-Seagate, American Bar Association's IP Roundtable, October 2007
  • Hot Topics in Ethics, The Earl E. O'Connor American Inn of Court, June 2007
  • Ensuring Your E-Discovery Procedures Are In Compliance With the New Rules, Presented by National Business Institute, June 2007
  • Me and My Shadow: Communication Between Experts, Attorneys and Graphic Artists, American Bar Association, Section of Litigation Annual Conference, April 2007
  • Preserving Brands and Corporate Identities: Reasons For and Ways to Protect Trademarks and Other Intellectual Property, Miami University Ohio, Public Relations Student Society of America Chapter, March 2005
  • Using Trial Technology, The Earl E. O'Connor American Inn of Court, 2004
  • Persuasive Appellate Oral Argument, Kansas County & District Attorneys Association, October 2004
  • Intellectual Property Litigation for Non-IP Attorneys, Stinson Morrison Hecker LLP seminar, Spring 2004
  • Juror Judgments in Cases of Comparative Negligence, American Society of Trial Consultants, Chicago, October 1990
  • Provided Training in Public Speaking, Kansas Bar Association




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