Kevin N. Tharp Partner
|Assistant's Name:||Penny Curtis|
Kevin Tharp counsels general contractors and subcontractors in the construction industry, and represents them in disputes involving claims for payment, delay, and design and construction defects, as well as mechanic’s liens.
Kevin also assists clients in protecting their intellectual property—including patents, trademarks, and copyrights—by registering their intellectual property and by prosecuting and defending claims of intellectual property infringement.
Kevin also counsels clients in the selection and formation of business entities, mergers and acquisitions, business selection planning, and general contractual matters.
Kevin also represents financial institutions in workout negotiations and in commencing foreclosure and receivership proceedings.
Kevin previously served on the Firm's Management Committee (2011-2013).
- 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.
- 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 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.
- 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: http://blog.bhsolutions.com/index.php/2013/07/microsoft-to-acquire-blue-horseshoe-warehouse-and-transportation-management-solutions-for-microsoft-dynamics-ax/
- 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.
- 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 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 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.
- Negotiated phantom stock agreement on behalf of technology-based startup company.
- 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% 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.
- Order of the Coif
- Scribe Award for Excellence in Legal Research and Writing
- Indiana Super Lawyers Rising Star (2010, 2012-2014)
- Legal Lines, Indianapolis Bar Association
- President, Board of Directors, Autumn Ridge Homeowners Association (2007-Present)
- Board of Directors, Ace Mentor Program of Indiana (2010-Present); Vice President (2011-2013)
- American Bar Association, (Forum on the Construction Industry and Intellectual Property Sections)
- Indiana Bar Association
- Indianapolis Bar Association
- Defense Trial Counsel of Indiana, (Business Litigation Section Chair, 2007-2009)
- Jury Verdict Update, Insurance Institute of Indiana Defense Seminar: Current Litigation Trends (October 2005)
- Business Litigation Case Law Update, DTCI Annual Meeting (November 2007)
- “Enjoining Lender and Surety Payments in a Bad Economy,” DTCI Annual Conference (November 2009)
- Adjunct Professor, Business Law for Technical Managers, Rose-Hulman Institute of Technology, Department of Engineering Management (2011-present)
- Note, Federal Court Jurisdiction Over Private TCPA Claims: Why The Federal Courts of Appeal Got It Right, 52 FED.COMM. L.J. 189 (1999), cited in WRIGHT, MILLER & COOPER: FEDERAL PRAC. & PROC. & 3562, The Meaning of "Arising Under," n. 45.1.
- The Abrogation of the Indiana Common Law Prejudgment Interest Doctrine in Tort Cases, 3 IN. CIV. LIT. REV. 243 (2006)
- Indefinite Quantities Contracts Revisited, Indiana Lawyer (August 2007)
- Indiana University, B.S. Public Affairs—Environmental Science, with high distinction (1997)
- Indiana University Maurer School of Law, J.D., magna cum laude (2000)
- Federal Communications Law Journal, Note Editor (1999-2000)
- Indiana (2000)
- U.S. District Courts for the Northern and Southern Districts of Indiana