Kevin N. Tharp

Community Activity

• Construction Lawyers Society of America
  • Fellow, 2022 – present
• Better Business Bureau Serving Central Indiana
  • Board of Directors, 2021 – present
• Legal Lines, Indianapolis Bar Association
• Autumn Ridge Homeowners Association
  • President, Board of Directors, 2007 – 2018
• Ace Mentor Program of Indiana
  • Board of Directors, 2010 – 2020
  • Vice President, 2011 – 2013

Representative Matters

Intellectual Property

• Prosecuted patent infringement claims on behalf of table pad manufacturer. Obtained summary judgment in favor of client, in which court found that client’s patent had been infringed, and that a competitor’s patent was invalid.
• Obtained preliminary injunction on behalf of distributor against its former employee and competitor, enjoining them from misappropriating trade secrets.
• Defended consortium of pesticide distributors in a trademark opposition proceeding filed in the U.S. Patent and Trademark Office by a multi-national agribusiness company. Case settled favorably to client prior to trial.
• Defended internet marketing company against allegations of website content “scraping”. Case settled favorably prior to trial.
• Defended preliminary injunction proceeding against a manufacturer of outdoor grilling equipment in a trademark, trade dress and copyright infringement action. Preliminary injunction was denied, and case settled favorably to client.
• Obtained summary judgment on behalf of internet retailer against a supplier’s claims of unfair competition, defamation, and breach of contract.
• Prosecuted dozens of trademark applications on behalf of clients in the construction, media, manufacturing, Internet, non-profit, and technology industries.
• Negotiated and drafted various service and licensing agreements for provider of Internet commerce tools.
• Assisted software developer with its sale of software solutions to Microsoft, including the negotiation and drafting of sale and related technology development agreements
• Defended subcontractor against claims of misappropriation of confidential information, tortious interference with contractual relations, and unfair competition asserted by larger competitor. Obtained summary judgment in favor of client.
• Prosecuted UDRP actions to recover Internet domain names on behalf of international family of hotels.

Construction

• Pursued delay and acceleration claims on behalf of subcontractors against construction managers on large commercial projects. Claims settled through pre-suit mediations.
• Negotiated commercial construction subcontracts for mechanical, electrical, automation, and glass subcontractors in amounts ranging from $1 million to in excess of $100 million.
• Negotiated joint venture agreements among subcontractors for scopes of work ranging from $10 million to in excess of $100 million.
• Defended general contractor against subcontractor’s claims for payment and delays in the construction of various telecommunications facilities across the Midwest. Case settled on terms favorable to client following arbitration hearing.
• Prosecuted large mechanic’s lien claim against general contractor and owner, seeking payment for construction of mixed-use development. Case settled favorably to client prior to trial.
• Defended paving contractor against IOSHA citations arising out of trench collapse involving serious injury to client’s employee. The citations were later withdrawn.
• Defended paving contractor against indemnity claim brought by consulting engineer. Case settled favorably to client prior to trial.
• Defended national construction management firm against claims of employment discrimination pending before the Equal Employment Opportunity Commission, and in state and federal courts in multiple jurisdictions, including a defense jury verdict in federal court in Indianapolis.
• Asserted claims on behalf of subcontractors against payment bonds on various public projects across the State of Indiana.
• Defended general contractor against a subcontractor’s claims of breach of contract and anti-trust violations arising out of a bidding dispute. Case settled favorably to client prior to trial.
• Obtained defense verdict in favor of a contractor alleged to have negligently maintained a lift station that malfunctioned and caused damage to commercial property in excess of $1 million.

Financial Institutions

• Represented subsidiary of Wall Street firm in foreclosing a mortgage on an apartment complex and securing a $12 million judgment against guarantor: Ivankovich v. PAMI Grand Lake, LLC, 2009 WL 2044457 (Ind. Ct. App. 2009)
• Served as lead litigation counsel for lender in multi-state commercial mortgage foreclosure, and obtained favorable appellate ruling that foreclosure and other ancillary remedies were not subject to the parties’ agreement to arbitrate: Kohner Properties, Inc. v. SPCP Group VI, LLC, 408 S.W.3d 336 (Mo.App. E.D. 2013).

Business and Transactions

• Assisted with the sale of stock in a group of staffing companies for a purchase price in excess of $40 million.
• Assisted start-up with sale of its assets to a competitor for a purchase price in excess of $30 million.
• Assisted technology-based startup company with acquisition of patent portfolio and related assets from a venture capital group, and with raising $3 million in capital through private stock offering.
• Assisted family in exiting its 100-year old business through the sale of its commercial real estate, inventory and related assets, and licensure of its trademark, to a real estate developer.
• Assisted family with exiting its outdoor advertising business through the sale of its stock to a publicly-traded competitor.
• Assisted litigant with obtaining litigation financing through multi-million dollar investment in case proceeds.
• Assisted real estate developer with the acquisition of numerous low-income housing properties from community development corporations using federal grant proceeds.
• Assisted an Estate with the sale of its 50 percent interest in a closely-held manufacturing business to the surviving shareholder, the defense of claims totaling $1.7 million against the Estate arising out of the decedent’s operation of the business, and the prosecution of a six-figure claim for shareholder distributions withheld from the Estate.

Awards & Recognition

• Best Lawyers in America
  • Construction Law, 2023
• Indiana Super Lawyers, 2016 – present and Rising Star, 2010, and 2012 –2015
  • Construction Litigation
• Scribe Award for Excellence in Legal Research and Writing