Kirk Peterson focuses his practice on commercial litigation, primarily on behalf of manufacturers and distributors. Whether a multi-national corporation or a family owned business, Kirk understands his clients are not in business to litigate. He approaches each matter as if he were the business owner, looking for an efficient and practical way to resolve the dispute and get his client back to its business.
If the matter cannot be resolved, Kirk loves the strategy and advocacy awaiting him in trial and appellate courts. His passion for justice is what drove him to law school and it continues to act as a foundation for his work today.
Kirk enjoys reading, camping, and time with his wife and five children. He gives back to the community by creating and chairing Plein Air KC, an art competition that brings artists from across the country to promote the arts and help the Penn Valley Park Conservancy’s efforts to protect Penn Valley Park. Kirk is also a nationally licensed soccer coach, and for 15 years he volunteered, coaching boys’ and girls’ soccer teams at recreational and competitive levels.
- Negotiating the recovery of millions of dollars in bonus payments for an automotive distributor upon discovery that bonus payments were made on the unauthorized sale of vehicles to brokers and resellers.
- Obtaining a defense verdict for an automotive manufacturer in a multi-million-dollar breach of contract action. Plaintiff’s contract action was based upon an unsigned letter agreement from the defendant, whose authenticity was supported by the testimony of defendant’s former regional manager. After a bench trial, the district court found the former regional manager lacked credibility and ruled for defendant on all counts.
- Representing a mortgage company in a coverage dispute over a bankers’ bond, which arose out of a massive, multi-state mortgage fraud scheme perpetrated on his client and other mortgage lenders. The result was a $2.2 million recovery for his client.
- Defending an automotive distributor in two successive actions filed in two different tribunals. The first administrative agency action was voluntarily dismissed, and the second federal court action resulted in a “take nothing” settlement.
- Obtaining a reversal of a multi-million-dollar antitrust verdict against an automotive manufacturer and successfully obtained summary judgment on remand. Kirk authored the appellate briefs and successfully argued the matter twice before the 8th Circuit.
- Prosecuting a Sherman Act Section 2 attempt to monopolize, fraud, and tortious interference case brought by the largest physician group in the State of Kansas, against the largest hospital chain in the world. Kirk co-authored the 10th Circuit appellate brief, which led to a confidential settlement.
- Defending an automotive distributor in a Minnesota federal court action alleging violations of the Robinson Patman Act and unfair trade practices. Kirk authored and argued a motion to dismiss, which resulted in a confidential settlement following argument.
- Defending an automotive distributor in a multi-million-dollar action in South Carolina federal court alleging deceptive trade practices, unfair competition, and numerous state statutory violations. Kirk obtained summary judgment on all claims.