Geoffrey Kercsmar
Practice Areas and Experience
The firm’s founder, Geoffrey S. Kercsmar, has been handling complex litigation for over twenty years. Geoff has prosecuted and defended lawsuits involving business contracts, corporate governance, intellectual property, construction and finance issues, professional malpractice and commercial fraud. He has successfully represented a wide range of clients, from Fortune 500 companies to individuals.
Geoff has experience in a wide array of industries, including construction and real estate development, biosciences and health care, banking and financial services, software and information management, the automobile and aviation industries, hospitality, entertainment and food services, cosmetics and cosmetic suppliers, multi-level marketing, agriculture and agricultural supply companies, telecommunications and consulting services.
Before leaving to launch his own practice, Geoff practiced with Snell & Wilmer, LLP, the largest law firm in the Southwest. He has also practiced with Richards, Layton & Finger, Delaware’s largest law firm and the world leader in corporate governance litigation.
Representative Cases and Clients
Argued before the Arizona Supreme Court a leading case interpreting the scope of Arizona’s Anti-Deficiency Statute.
Argued and prevailed before the Arizona Court of Appeals following the appeal of a special action hearing to quash multi-million dollar materialman’s lien.
Defended one of the world’s largest agricultural supply companies in a four-week trial in the Maricopa County Superior Court.
Successfully defended a cutting-edge bioscience company from claims of patent infringement and theft of trade secrets.
Obtained a complete defense verdict on behalf of one of the world’s largest private education providers in a contract dispute with its former partner, a four-year private college.
Prosecuted BitTorrent copyright violators on behalf of several leading Hollywood movie studios.
Represented investors in a two week trial against the promoters of a collapsed real estate investment entity.
Prevailed in an arbitration on behalf of an individual doctor bringing claims for breach of contract against his former practice.
Represented a major institutional investor in litigation against both the lead lending institution and the project developer in a major residential construction project in downtown Phoenix.
Obtained a complete defense decision, including attorney’s fees, on behalf of a real estate development company accused of negligence in its construction and management of an office park.
Obtained a favorable arbitration award on behalf of individual investors against a major condominium developer following the construction of one of the largest residential projects on the Tempe waterfront.
Represented an international wholesaler of botanical cosmetic ingredients in a patent infringement lawsuit in the United States District Court.
Argued before the United States Court of Appeals for the Federal Circuit in a trademark matter.
Successfully obtained a temporary restraining order on behalf of a foreign airline company engaged in federal litigation against the lessor of its entire fleet of Boeing aircraft.
Obtained a complete defense ruling on behalf of a real estate lender accused of fraud in its lending practices.
Represented a high-profile real estate development consulting firm in arbitration against its developer client.
Represented one of the largest excavating companies in the Southwest in defending its lien rights against property developers.
Defended two individuals accused of securities fraud by the Arizona Corporation Commission in connection with their sales of raw mineral contracts.
Obtained a favorable arbitration decision on behalf of a leading ice cream and dessert franchisor against a terminated franchisee.
Represented a hotel investment and management company in litigation against the purchaser of one of its largest hotels.
Represented an individual inventor in a patent infringement action against one of the largest manufacturers of tools and hardware in the world.
Successfully defended an individual homeowner accused of failure to disclose a disorderly neighbor in a case that received national media attention.
Defended a real estate holding company accused of securities fraud and corporate malfeasance by its minority shareholder.
Represented the Arizona State Legislature in the SB 1070 litigation.
Represented a leading dietary supplement company in its claims against a competitor for false advertising under the Lanham Act.
Obtained judgment on patent infringement claims in favor of patent holder.
Successfully represented an individual on defamation claims against an internet blog.
Defended an Arizona based company in a copyright infringement suit relating to the resale of allegedly grey-market goods.
Represented investors in securities fraud litigation brought against the seller of interests in multi-family housing complexes in Arizona, Nevada and Washington.
Represented the owner of a marketing company in corporate governance litigation against his co-owner.
Returned control of a global security company to the rightful majority owner through a preliminary injunction in federal court.
Successfully defended a national bank in federal district court and on appeal in the Ninth Circuit against claims of negligence brought by a reverse mortgage applicant.
Successfully defended efforts to obtain an injunction for alleged trademark and copyright infringement made by seller of sophisticated test equipment against an Arizona-based seller of competing equipment.
Defended leading financial services firm against claims of professional malpractice made by former client.
Represented a developer of medical marijuana grow facilities in contract negotiations with licensed distributors of products.
Successfully defended a crypto-coin broker from claims of fraud and self-dealing.
Defended a medical device manufacturer in litigation involving allegations of theft of trade secrets and Lanham Act violations.
Represented financial brokers in examinations by FINRA (Financial Institution Regulatory Authority).
Professional Experience
Kercsmar & O’Hara PLLC, May 2023 to present
Kercsmar Collins & O’Hara PLLC, August 2008 to May 2023
The Kercsmar Law Firm PC, May 2006 to August 2008
Snell & Wilmer LLP, June 2000 to May 2006
Richards, Layton & Finger, August 1998 to May 2000
Education
The Dickinson School of Law of the Pennsylvania State University (J.D. 1998)
Trent University (B.A., Honors, 1993)
Court Admissions
United States Supreme Court
Supreme Court of Delaware
Supreme Court of Arizona
United States Court of Appeals, Federal Circuit
United States Court of Appeals, Ninth Circuit
United States District Court, District of Delaware
United States District Court, District of Arizona
Media Appearances
Mr. Kercsmar has appeared on behalf of clients on Good Morning America, Fox Business News Channel, and local news stations.
Recognition and Community Involvement
In 2018, Geoff was named a Fellow of the American Bar Foundation, which is a global honorary society of attorneys, judges, law faculty and legal scholars, limited to one percent of all licensed U.S. lawyers, who have demonstrated outstanding leadership in the profession and service to society.
Geoff has been named as a Southwest SuperLawyer for Business Litigation, Intellectual Property Litigation and Real Estate Litigation (2012 – 2023), one of the Best Lawyers in America for Commercial Litigation and for Intellectual Property Litigation (2016 – 2025) and one of the Top Lawyers in Arizona by AZ Magazine (2012 – 2020).
In 2018 and again in 2020, Geoff was named the “Lawyer of the Year” for intellectual property litigation in his city of Scottsdale, Arizona.
In 2016 and again in 2019, Geoff was named among Arizona’s Top 100 Lawyers by Az Business magazine. He was also named one of Arizona’s top business & commercial litigators by Az Business magazine in its AzBusiness Leaders 2020 edition.
Since 2014, Geoff has been a member of Arizona’s Finest Lawyers, a state-wide organization devoted to identifying lawyer excellence and informing client choice of lawyers in Arizona. In 2016, he was nominated to become a fellow of the Litigation Counsel of America, the national trial lawyer honor society.
Geoff is a committed member of the Scottsdale community. From 2007 to 2011, he was a member of the City of Scottsdale Board of Adjustment. He is also a graduate of the Scottsdale Leadership Core Program (Class XX) and is an alumni member of the Scottsdale Leadership. In 2014, he was named the chairman of the Boy Scouts’ Grand Canyon Council Annual Gala and Auction, which benefits Boy Scout activities across Maricopa County and beyond, and served in that role through 2017.
Geoff is formerly a director of the Maricopa County Bar Foundation, the charitable arm of the Maricopa County Bar Association. In connection with the Maricopa County Bar Foundation, he was the Chairman of the 2006 and 2007 Comerica Bank Pro Bono Golf Classic. Geoff has also been active in the Maricopa County Volunteer Lawyer’s program, and the Paiute Legal Clinic.
Personal
Geoff was born in Burlington, Vermont and was raised in Philadelphia, Pennsylvania. He is married to Carrie Kercsmar, of counsel to the firm. Together, the Kercsmars have three daughters and a son. Geoff enjoys spending time with his family, coaching his daughters in fastpitch, reading, and when time permits, playing pickup ice hockey.
