Russell S Jones Jr

Practice Areas

Antitrust

Class Action and Multidistrict Litigation

Commercial Litigation

Consumer Financial Litigation

Intellectual Property Litigation

Litigation

Mergers and Acquisitions Litigation

Patent Litigation

Restrictive Covenants and Trade Secrets Litigation

Trademark, Copyright and Branding Litigation

Sports

Biometric Privacy Law

Telecommunications Litigation

Telephone Consumer Protection Act Litigation

Professional Memberships

National Conference of Bar Presidents

- Member, Executive Council, 2020-23

- Program Committee, Chair of Membership Committee (2021) and Metro Bar Committee (2022)

Kansas City Metropolitan Bar Foundation

- Vice President, 2022

Kansas City Metropolitan Bar Association

- President, 2016

Lawyers Association of Kansas City

- President, 2002-2003

The Missouri Bar

American Bar Association

- Section of Litigation and Intellectual Property Litigation Sub-Section

American Bar Foundation, Fellow

American Board of Trial Advocates (ABOTA)

- Member, 2019-present

Defense Research Institute (DRI)

- Commercial Litigation Committee

- Intellectual Property Litigation Special Litigation Group, Vice-Chair of Right of Publicity sub-committee

Publications

M&A Litigation: Early Dispute Resolution Successes | May 15, 2023

Relax Jack...It’s Only a Joke! | March 24, 2023

A Scalpel, not a Chainsaw: Supreme Court Drastically Limits the Telephone Consumer Protection Act’s Reach | April 2, 2021

Supreme Court Hears Oral Argument In Highly Anticipated Case Addressing The Reach Of The Telephone Consumer Protection Act | December 9, 2020

Facebook “Tagged” in Certified Facial Scanning Class Action | August 2019

Supreme Court Dodges Cy Pres Issue in Class Action Settlements; Remands for Standing Inquiry Under Spokeo | March 2019

Anna Nicole Smith Revisited: Supreme Court Closes Gap on “Stern Claims"; Declines to Clarify Jurisdiction for Certain Bankruptcy Litigation Claims | June 12, 2014

Expert in these Jurisdictions

- Missouri, 1980

- Kansas, 2014

- U.S. District Court, Western District of Missouri, 1980

- U.S. District Court, District of Kansas

- U.S. District Court, Southern District of Texas, 1997

- U.S. District Court, Eastern District of Texas, 2009

- U.S. District Court, Northern District of Texas, 2003

- U.S. District Court, District of Colorado, 2003

- U.S. District Court, Northern District of Illinois, 2008

- United States Supreme Court, 1986

- U.S. Court of Appeals, Third Circuit

- U.S. Court of Appeals, Fourth Circuit

- U.S. Court of Appeals, Fifth Circuit, 1986

- U.S. Court of Appeals, Sixth Circuit

- U.S. Court of Appeals, Seventh Circuit

- U.S. Court of Appeals, Eighth Circuit

- U.S. Court of Appeals, Ninth Circuit

- U.S. Court of Appeals, Tenth Circuit

- U.S. Court of Appeals, Federal Circuit

Work Highlights

Complex Commercial Litigation

Lead counsel defending TCPA class action brought by serial plaintiff against intermediate telecommunications providers alleged to have “made” unlawful robocalls because they did not block such calls from “invalid” telephone numbers. Plaintiff’s case against our client was dismissed as part of a confidential settlement after our team prevailed on four motions to compel.

Lead counsel in multiple disputes between national communications companies and retail dealers. Our team has obtained at least four court judgments dismissing cases and referring them to confidential arbitration, including one in which an emergency arbitrator granted our client a preliminary injunction to require the terminated dealer to abide by contract restricting sale of stores to buyers approved by our client. Served as lead trial counsel in two multi-day evidentiary arbitration hearings in 2019 and 2021, both resulting in favorable awards.

Lead trial counsel for national telecommunication carrier in actions targeting fraudulent and wrongful trafficking of wireless handsets. Our team tried or defended actions tried in New York, Kansas, Michigan, California, Maryland, New York and Florida helping our client substantially clean up the secondary market.

Lead trial counsel for Fortune 100 company defending claims by a bankruptcy trustee alleging that our client breached an agreement with a joint-venture partner – a struggling national electronics retailer – which caused the bankruptcy of the retailer. After substantial document and deposition discovery, we reached a mediated settlement with the trustee for a small fraction of the original demand.

Co-lead counsel in multi-state antitrust action on behalf of commercial and industrial purchasers of natural gas, seeking damages for conspiratorial price manipulation. Our team won interim appeals in the Ninth Circuit and U.S. Supreme Court, and successfully settled claims for purchasers in four states totaling more than $120 million to date. Lead trial counsel in action on behalf of a Midwestern state university to redress patent ownership and royalties disputes with former professor. Obtained a six-figure verdict and judgment in favor of our client after an eight-day jury trial; affirmed on appeal.

Lead trial and appellate counsel for taxpayer assessed with millions of dollars of state income tax liability based on a dispute as to his residency dispute. We obtained successful reversal at the Court of Appeals of an adverse administrative court judgment, leading to favorable decision upon re-trial and appeal.

Defended a Fortune 100 corporation in an action seeking more than $10 million in damages for alleged breach of an indemnity agreement. After discovery, our team obtained summary judgment based on findings that the contract did not cover the actions on which the plaintiff based its claim for indemnity, and that the plaintiff’s conduct amounted to the unlawful sale of securities.

Lead trial counsel for life insurance company defending class action claims arising out of alleged non-compliance with state insurance statutes; case settled after week-long trial.

Intellectual Property Litigation

Lead counsel defending patent infringement actions against banking software provider. After a nine-day jury trial, obtained a verdict finding all patent claims not infringed and invalid; affirmed by the Federal Circuit.

For the same client, obtained a stay of another district court case in favor of covered business methods review proceeding in PTAB, which invalidated the claims asserted against the client based on 35 U.S.C. §§ 102 and 103.

Successfully defended patent infringement action in the District of Delaware, the Court finding all claims invalid under 35 U.S.C. § 101; judgment affirmed by the Federal Circuit. The District Court awarded our client $1 million in attorneys’ fees, which the Federal Circuit affirmed.

Lead trial counsel for a national over-the-road freight hauling company accused of infringing patent on automated fuel tax calculation. Obtained jury verdict in favor of client in Delaware federal court.

Lead trial counsel in action on behalf of a Midwestern state university to redress patent ownership and royalties disputes with former professor. Obtained a six-figure verdict and judgment in favor of our client after an eight-day jury trial; affirmed on appeal.

Represented a professional sports players association enforcing its members' publicity rights against unauthorized users of names and likenesses on games, memorabilia and consumer products. Involved in two ground-breaking decisions on the balancing of publicity rights and First Amendment rights in federal courts of appeals.

Defended patent infringement claims brought by an owner of patents on LED vehicle lights against our client, a major maker of vehicle lighting products, alleging infringement. After we mounted an attack on the validity of the patents that put plaintiff's licensing program at risk, plaintiff dismissed the case two weeks before trial without any payment by our client.

Education

Awards