Todd McGuire, Stueve Siegel Hanson LLP Photo

Todd M. McGuire

Partner

Overview

Todd McGuire has developed extensive legal expertise throughout his more than two decades as a litigator, trial attorney, appellate specialist, negotiator, and trusted advisor; with an emphasis on business litigation and counseling for a wide range of complex issues, including contract disputes, business torts, labor and employment matters, intellectual property, corporate governance, and regulatory compliance. Todd’s practice has touched an array of industries, including healthcare, higher education, energy, financial services, food & agribusiness, manufacturing, real estate development & construction, and technology. 

Todd excels in the strategic development and management of complex litigation. He takes an active role in a case’s entire lifecycle – beginning with the initial claim evaluation phase and continuing forward to case filing, discovery, motion practice, trial and appeal. He frequently represents individuals and companies in matters involving business torts, contract disputes, employment matters (including employee wage-and-hour claims and executive severance and separation matters) and other civil claims. Todd specializes in building cases that survive summary judgment, prevail at trial and are affirmed on appeal – all the while creating opportunities to explore and secure favorable settlements for clients at all stages of litigation.

Todd often applies the firm’s business litigation contingency model (an alternative to the traditional billable hour model) to obtain damages and relief for entrepreneurs, small businesses and economic underdogs.

In one representative case, Todd successfully prosecuted a landmark antitrust lawsuit on behalf of a physician-owned specialty hospital against the largest managed care organizations and hospital systems in the region. Todd’s hospital client claimed that the defendants conspired to prevent it from obtaining in-network provider contracts in an effort to stifle competition. Todd was responsible for the day-to-day management of this contentious multi-year litigation, including discovery that involved more than 100 fact witness depositions, the exchange of more than 3 million pages of documents, and the pivotal role of several liability and damages experts. After successfully defeating the defendants’ multiple motions for summary judgment and as a trial date quickly approached, a favorable series of settlements were secured with the defendants that resolved the case. This high-profile case was reported by the National Law Journal, Modern Healthcare and others. The case was also the subject of over 20 published judicial opinions.

In another case, Todd successfully represented the owner of a start-up business manufacturing and selling aluminum utility boats that attracted the interest of the world’s largest recreational boat manufacturer. The purchase price for the business was $2.3 million in up-front cash, plus an earn-out of up to $5.2 million over a five-year period. About 18 months after closing, the buyer, unsatisfied with the performance of the business, terminated the continued employment of the seller, as well as his daughter and son-in-law. Two years later, the buyer closed the facility and shifted production elsewhere. The buyer claimed the financial metrics for the earn-out were never achieved and, therefore, the buyer owed the seller nothing. Todd represented the seller who sued claiming the buyer breached the purchase agreement by various acts that frustrated realization of the earn-out. The jury found in favor of the seller and awarded $2.5 million in damages for the lost earn-out. After over 3 years of contentious litigation, including a lengthy jury trial and an appeal, the buyer was eventually forced to pay a judgment that totaled nearly $3.6 million -- $2.5 million for the lost earn-out, plus $1.1 million in attorneys’ fees and litigation expenses.

Todd has also served as litigation counsel and an advisor to several higher education institutions, including on the following representative matters:

  • A Big 12 university client in a commercial contract dispute with an energy company over failures associated with a multi-million dollar energy savings contract.
  • A Big 12 university client in a high-profile dispute with a former head football coach, which included complex legal issues associated with university governance and athletics.
  • Numerous college and university clients regarding their insurance policies’ business interruption coverages in connection with the COVID-19 pandemic; including, litigation filed on behalf of Benedictine College, Rockhurst University, Maryville University and Lindenwood University, individually and on behalf of other similarly situated institutions, including members of the College and University Risk Management Association (CURMA) and Midwest Higher Education Compact (MHEC).

As part of his work with colleges and universities, Todd has developed substantive knowledge of some of the most challenging issues in higher education, including those related to Title IX, Clery Act, Title IV, HEERF, FERPA and data security.

Before joining Stueve Siegel Hanson, Todd was a defense attorney at the law firm now known as Dentons (currently the world’s largest law firm), where he focused his practice on antitrust, white-collar criminal defense and complex business and commercial litigation. This provided him perspective on how large corporations maneuver in litigation; he applies this knowledge now in every step of his cases.

A recognized “Super Lawyer,” Todd is a frequent speaker and presenter on electronic discovery and other litigation-related issues. He has been a participant at many Sedona Conference seminars and has hosted Continuing Legal Education programs on e-discovery for both the Lawyers Association of Kansas City and the Kansas City Metropolitan Bar Association. Todd has also presented on wage and hour litigation and authored a chapter for BNA’s Wage and Hour Laws: A State-by-State Survey.

Todd is an active supporter of Drake University, his alma mater for both undergraduate and law school. He is a member of the Law School’s Board of Counselors, a group of distinguished alumni that promotes the school and advises the dean. He is also a member of Drake’s President’s Circle for philanthropic giving and has served on the National Advisory Council for the Donald V. Adams Leadership Institute.

Experience

Experience

Over the past 22 years, Todd has distinguished himself as an attorney of impeccable integrity with broad expertise and deep knowledge across a range of complex legal issues. Todd has successfully represented a variety of clients – including entrepreneurs, privately held companies, publicly traded Fortune 500 corporations, healthcare organizations, and higher education institutions, among others – in complex civil and criminal matters in federal and state courts nationwide. Over the years, Todd’s practice has touched a wide array of industries, including healthcare, higher education, insurance, energy, manufacturing, real estate development, aviation, and technology. Given the scope and complexity of his practice, Todd frequently manages a diverse team of lawyers and litigation support personnel working together to successfully defend and prosecute claims in high-stakes cases with difficult facts and where the law is unsettled. The following cases are illustrative examples and highlights of some of Todd’s past trial, litigation and appellate experience:

Heartland Surgical Specialty Hospital LLC v. Midwest Division, Inc., et al. (Antitrust / Business Litigation / Healthcare). Todd successfully prosecuted and managed a multi-year, landmark Sherman Act, Section 1 antitrust lawsuit on behalf of physician-owned Heartland Surgical Specialty Hospital LLC against the largest managed care organizations and hospital systems in Kansas City. Heartland claimed that the dominant hospital systems had conspired with the largest managed care organizations to prevent Heartland from obtaining in-network provider contracts. Settlements occurred with certain defendants throughout the intense multi-year litigation. After the trial court denied defendants’ motions for summary judgment on Heartland’s antitrust conspiracy claims and ruled that Heartland had a viable claim for damages of nearly $100 million, settlements were reached with the remaining defendants and the case fully resolved shortly before trial. Todd was responsible for the day-to-day management of the litigation, including discovery that included more than 100 depositions and the exchange of more than three million pages of documents. Todd took or defended many of the fact and expert depositions in the case. The case was the first in the District of Kansas to utilize a stipulated e-discovery protocol to address the voluminous electronic discovery, HIPPA and confidentiality issues in the litigation. Todd also had primary responsibility for the successful opposition to defendants’ motions for summary judgment and efforts to limit damages in the case. The case was reported in Modern Healthcare and The National Law Journal as well as other leading health care and legal publications. Several published decisions from the District of Kansas chronicle the litigation and the significant legal issues addressed in this landmark case. Throughout the litigation, Todd reported directly to the Hospital’s governing board and worked day-to-day with the Hospital’s Chief Executive and Chief Financial Officers.

BBA US Holdings, Inc., et al. v. City of Kansas City, Missouri et al. (Business Litigation / Aviation).  Todd represented James E. Stowers III (the former Chairman of the Board, President and Chief Executive Officer of American Century Investments), Hangar Ten, LLC and MKC Aviation Fuel, LLC (collectively the MKC Aviation Defendants) in a lawsuit filed in the Circuit Court of Jackson County, Missouri.  The lawsuit focused on the parties’ operations at the Charles B. Wheeler Downtown Kansas City Airport. In the suit, the plaintiff (d/b/a Signature Flight Support) asserted claims of fraud, negligent misrepresentation and promissory estoppel against the City of Kansas City and claims of civil conspiracy and tortious interference with contract and business expectancy against the MKC Aviation Defendants. The MKC Aviation Defendants denied any liability or wrongdoing and asserted a counterclaim for tortious interference with contract and business expectancy. After a contentious period of discovery and pre-trial motion practice, the lawsuit ultimately resolved pursuant to a settlement.

Kansas State University et al. v. Prince (Employment / Business Litigation / Higher Education). Todd represented Kansas State University and its athletic corporation in a lawsuit they filed in the State District Court of Riley County, Kansas, which sought to declare invalid a memorandum of understanding (“MOU”) signed by the University’s former athletic director, and by former head football coach Ron Prince for a company called In Pursuit of Perfection, LLC. The challenged MOU purported to obligate K-State’s athletic corporation to make $3.2 million in deferred compensation payments to In Pursuit of Perfection, LLC following Coach Prince’s termination as K-State’s head football coach. After Coach Prince removed the litigation to federal court, Kansas State University objected and argued that the federal court was required to return the case to the State court. The federal court issued an important published decision finding an absence of subject matter jurisdiction over the removed case and remanded the case to the State court in which the University and its athletic corporation originally filed suit. Following the completion of discovery, the State court considered and denied Coach Prince’s motion for summary judgment seeking a legal determination on the validity and enforceability of the MOU, and held that a jury must decide those issue at trial. Shortly before trial and after K-State sought summary judgment on Coach Prince’s numerous counterclaims, the lawsuit was resolved by settlement. Todd was responsible for day-to-day management of the litigation and produced several of the key fact witnesses for their depositions. Throughout the litigation, Todd worked closely with K-State’s President, Athletic Director, General Counsel and other University officials. The case was followed closely and reported upon by numerous media outlets.

Trout v. KCL Insurance Company (Employment / Business Litigation / Real Estate Development). Todd was co-lead counsel in a successful multi-week jury trial in the Circuit Court of Jackson County, Missouri in a case involving his client’s executive employment contract and entitlement to additional compensation measured by the value of the defendant company’s commercial real estate portfolio. The jury’s verdict awarded Todd’s client $500,000 for his breach of contract claim and denied the defendant’s breach of fiduciary duty counterclaim. The Court subsequently awarded court costs and prejudgment interest, bringing the total judgment to in excess of $650,000 which, when combined with the $1.4 million partial payment made by the defendant during the pendency of the litigation, resulted in a total recovery to Todd’s client of more than $2 million. Prior to trial, Todd successfully opposed the defendant’s efforts to compel the case to arbitration and secured favorable rulings from both the trial court and court of appeals in connection with those efforts. Todd was responsible for the day-to-day management of the litigation and took or defended many of the key depositions in the case.

O’Grady v. Aquila Merchant Services, Inc. (Employment / Energy). Todd successfully defended Aquila in a multimillion-dollar lawsuit brought by a former high risk energy trader asserting claims of breach of contract and negligent misrepresentation. After successfully having the case referred from state court to arbitration, the case was tried in a multi-day arbitration proceeding, which resulted in a full defense verdict on all claims. Todd served as co-lead counsel in the litigation and had primary responsibility for the briefing seeking to compel arbitration, management of discovery, direct examination of Aquila’s corporate representative at the arbitration, and post-arbitration briefing. Throughout the litigation, Todd worked closely with Aquila’s General Counsel and several senior executive officers.

Horizon Holdings, LLC et al. v. Genmar Holdings, LLC et al. (Business Litigation / Manufacturing).  Todd secured a $2.58 million verdict in federal court in Kansas City, Kansas after a two-week jury trial, which ranked in the area’s top 10 verdicts for that year. The case involved claims for breach of a purchase agreement and employment contracts against the largest recreational boat manufacturer in the world. Following the jury’s verdict, the Court awarded an additional $865,000 in attorneys’ fees. At trial, Todd served as co-lead counsel and had responsibility for the direct and cross-examination of several key witnesses, including defendants’ chief financial officer and the president of one of defendants’ largest boat divisions. Todd also had primary responsibility for dispositive motion practice, including successful opposition to defendants’ summary judgment and post-judgment motions. Todd deposed several defense witnesses over months of extensive discovery and produced one of the three individual plaintiffs for his deposition. Todd also managed and coordinated document discovery in the case, which included indexing and issue coding tens of thousands of documents. Following the trial, Todd successfully defended the jury’s verdict and the trial court’s decisions on appeal to the Tenth Circuit Court of Appeals. Ultimately, the entire judgment (totaling almost $3.6 million) was fully satisfied. Numerous reported decisions resulted from this litigation.  

Directory Services v. Walsworth (Business Litigation). Todd represented Ed Walsworth in a lawsuit brought by a company’s controlling shareholders to rescind his 20% interest in a successful binding and printing business located in Nebraska. As part of the defense of the action, Todd’s client successfully counterclaimed for an immediate and expedited accounting. The Court granted the request for the accounting, substantial document discovery ensued, which was followed by depositions of the controlling shareholders. Shortly thereafter, the matter was resolved by settlement and the case dismissed by stipulation of the parties.

Global Jet v. Flight Safety International (Antitrust / Copyright / Aviation). Todd efficiently prosecuted and resolved by settlement a Sherman Act, Section 1 claim against Flight Safety International alleging conspiracy to restrain trade. Todd’s client, Global Jet, estimated that it sustained lost profit damages in excess of $20 million. Flight Safety responded to the suit by asserting a multimillion-dollar counterclaim alleging copyright violations associated with certain corporate jet maintenance training manuals. After an early confidential exchange of documents and information, the case was resolved by settlement.

United States v. Smigel et al. (Antitrust / White Collar Criminal Defense).  Todd obtained a not guilty verdict for the chief executive officer of a metal building insulation company accused of criminal violations of the federal antitrust laws. The case followed several convictions in the same industry, and one witness who pled guilty testified against Todd’s client at trial. Todd served as the second chair trial attorney for this seven-week jury trial, which involved more than 50 government and defense witnesses. Todd had responsibility for the direct and cross-examination of several witnesses at trial. Todd also took the lead on case management, including coordinating the extensive open file discovery in the case, which involved managing a large team of lawyers that reviewed, analyzed and issue coded more than 1,400 boxes of documents obtained by the United States Department of Justice during a five-year nationwide government investigation into suspected price-fixing in the metal building insulation industry.

American Central et al. v. Union Pacific Resources et al. (Antitrust / Energy). Todd played a significant role in securing a favorable arbitration decision and trial court judgment in favor of Duke Energy Corporation in a major antitrust case in the natural gas gathering, processing and liquids pipeline industries in East Texas. Todd had significant responsibility for the extensive motion practice in this case, which included successful briefing to compel arbitration of the primary antitrust claims, subsequent summary judgment briefing on the merits of other antitrust claims, and Daubert challenges to various expert witnesses. Todd also had primary responsibility for the contemporaneous preparation at arbitration of proposed findings of fact and conclusions of law, which were presented to the arbitrator immediately upon the conclusion of a two-week hearing. Todd managed a team of lawyers responsible for reviewing and analyzing tens of thousands of documents produced in discovery and deposed several witnesses during the discovery phase of the case.

United States v. McCarthy, et al. (RICO / White Collar Criminal Defense). Todd helped secure the favorable resolution of a complex criminal case involving allegations of racketeering, mail fraud, wire fraud, and money laundering. The case involved one of the largest criminal indictments ever brought in the Western District of Missouri. Todd had primary responsibility for the review and analysis of thousands of documents and FBI 302s that involved complicated stock and real estate valuation issues and tracing of assets through multiple transactions involving numerous parties and corporate forms. Todd was also responsible for extensive research and the drafting of a comprehensive motion to dismiss the indictment and other pre-trial motions attacking the government’s case.

In re H&R Block Compliance Fee Litigation (Consumer Protection). In this putative consumer class action alleging a violation of the Missouri Merchandising Practices Act, Todd represented a class of consumers who purchased tax preparation services from H&R Block and alleged that the company engaged in a scheme to charge a deceptive “compliance” fee. The case involved multiple appeals, including a petition for certiorari to the Supreme Court of the United States, concerning the validity and enforceability of an arbitration provision contained in H&R Block’s standard form Client Services Agreement. After multiple appeals and extensive pre-trial motion practice and discovery, the case was ultimately resolved by settlement.

Garner et al. v. Regis Corporation (Employment). Todd represented almost 1,300 current and former salon managers and stylists in a certified Fair Labor Standards Act, “off the clock” case against Regis Corporation, the world’s largest owner, operator and franchisor of hair and retail product salons. The case included class members from throughout the United States. The case ultimately resolved in a favorable court-approved settlement. Todd was responsible for day-to-day management of the litigation, including motion practice, briefing and discovery.

Walker et al. v. Monsanto Company et al. (ERISA). Todd represented a certified class of ERISA plan participants against Monsanto, Pharmacia and Solutia for violations of ERISA. Todd had primary responsibility for briefing to the trial court on the parties’ cross-motions for summary judgment on the issue of liability, which resulted in a summary judgment determination in plaintiffs’ favor on one of their claims. Todd also had significant responsibility for additional appellate proceedings on other claims before the Seventh Circuit Court of Appeals and Supreme Court of the United States. 

Truck Insurance Exchange v. Prairie Framing, LLC, et al. (Insurance Coverage / Bad Faith).  Todd defended before the Missouri Court of Appeals a trial court’s $5,775,000 judgment in favor of his clients in a wrongful death action and the trial court’s summary judgment decision finding the insurer to have breached its duties to defend and indemnify, and was liable for acting in bad faith in not settling the claims. The Court of Appeals affirmed the damages and summary judgment finding of breach of the duties to defend and indemnify, but remanded for a factual finding on the issue of bad faith refusal to settle. Upon remand, the case settled.

Multi-Media International, LLC v. PROMAG Retail Services, LLC (RICO / Business Litigation).  Todd defended a RICO and business tort action brought against his client in the District of Kansas. Of particular significance, Todd had primary briefing responsibility for the motion to dismiss, which ultimately persuaded the Court to overrule its own prior decision on an important issue of statutory interpretation concerning RICO’s national service of process provision. Todd also persuaded the Court to dismiss the corporate defendant for failure state a RICO claim because of the plaintiff’s failure to allege a RICO enterprise distinct from the defendant persons. Shortly after these decisions, the case was dismissed by stipulation of the parties.

Garcia v. Tyson Foods Inc. (Employment). Following a successful Rule 23 class action / FLSA collective action jury trial on claims for unpaid pre- and post-shift activities of employees at defendant’s beef processing facility, Todd successfully defended the jury’s verdict and trial court judgment before the Tenth Circuit Court of Appeals. On appeal, the Court agreed that there was sufficient evidence to support the jury’s determination that employees were systematically undercompensated for pre-and post-shift activities, with damages in excess of $500,000 under federal and state law. Todd also successfully defended on appeal the entirety of the trial court’s award of $3.5 million in attorneys’ fees under the FLSA’s fee-shifting provision. The case was ultimately resolved pursuant to defendant’s satisfaction of judgment and the trial court’s approval of a plan of distribution to the Rule 23 class and FLSA collective.

Honors & Awards

Honors & Recognitions

Best Lawyers in America - Labor and Employment Litigation, 2021-2023

Super Lawyer-Business Litigation, Missouri and Kansas, 2013, 2014, 2016-2022

Missouri and Kansas Rising Stars, 2010

Community

Community & Professional

American Bar Association

Lawyers Association of Kansas City (LAKC)

Kansas City ESI Roundtable - Panelist

Kansas City Metropolitan Bar Association (KCMBA)

President's Circle, Drake University

Drake University School of Law, Board of Counselors

Steering Committee, Donald V. Adams Leadership Institute | Drake University

Fraternities/Sororities: Sigma Alpha Epsilon

Education

Drake University Law School
J.D., 1999

  • Honors: With Highest Honors
  • Honors: Order of the Coif
  • Law Review: Drake Law Review, Editor-In-Chief

Drake University
B.A., Rhetoric and Communication Studies, 1996

  • Minor:  Political Science and Spanish
  • Honors: summa cum laude
  • Honors: Phi Beta Kappa

Admissions

  • Missouri, 1999
  • Kansas, 2000
  • Supreme Court of the United States
  • U.S. Court of Appeals, 7th Circuit
  • U.S. Court of Appeals, 8th Circuit
  • U.S. Court of Appeals, 10th Circuit
  • U.S. District Court, Western District of Missouri
  • U.S. District Court, District of Kansas
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