Steven K. Fedder

Contact
Phone: 410.581.7404
Email:

Education
University of Maryland, B.A. in American Studies, 1973

University of Baltimore School of Law, 1977

Member of National Moot Court Team

Professional Background
Partner in the litigation department of Piper Rudnick LLP, in Baltimore, MD and Washington, D.C. from 1995 – 2004

Experience in trial and appellate litigation and arbitration of complex matters including franchise and distribution, securities law, lender liability, creditor rights and bankruptcy.

Experience in litigating intellectual property matters including trademark, copyright, and trade secrets.

Bar Admissions
American, Maryland and District of Columbia Bar Associations

Admitted to practice in the State of Maryland and the District of Columbia; admitted pro hac vice in numerous jurisdictions throughout the United States

Bar Association Memberships and Educational Activities

Taught at the University of Baltimore School of Law

Lectured on Business Law at Towson University

Member of the faculty at the National Institute of Trial Advocacy

Given numerous lectures and panel presentations for the Maryland Institute for Continuing Professional Education for Lawyers, the State Bar's Official Continuing Education Organization or the Legal Profession

Reported Decisions Include

REAL ESTATE, LAND USE AND ENVIRONMENTAL

1. Rite Aid Corp. v. Lake Shore Investors, 471 A.2d 735 (1984); Lake Shore Investors v. Rite Aid Corp., 509 A.2d 727 (Md. App. 1986); Lake Shore Investors v. Rite Aid Corp., 461 A.2d 725 (Md. App. 1983). Represented Rite Aid Corporation in defense of claim by the landlord of a shopping center that an exclusivity provision in its lease violated Maryland's anti-trust statute and in connection with alleged tortious interference with contractual and business relations with other potential drug store tenants. The anti-trust claims were dismissed, but the tort counts were allowed to proceed to trial. The case ultimately settled before trial for a nominal sum.
2. Uno's Restaurant Corporation v. Saul Centers, Inc., Circuit Court for Montgomery County, Maryland. Represented Uno's Restaurant Corp. in connection with claim that renovation and reconfiguration of the Seven Corners Shopping Center violated Uno's lease for the premises by relocating competing business within the center and reconfiguring parking in a manner inconsistent with the lease.
3. Utah State Retirement System v. Mama Illardo's, Inc., Circuit Court for Baltimore County, Maryland. Represented USRS in connection with claim by retail tenant that reconfiguring office and retail space interfered with tenant's relations with customers. Case settled for nominal damages.
4. Crofton Ventures v. G&H Partnership, 258 F. 3d 292 (4th Cir. 2001). Successfully represented land purchaser in CERCLA claim for reimbursement of cleanup costs involved in removing buried drums containing trichloroethylene (TCE).
5. Meadowridge Industrial Center v. Howard County, Maryland, 675 A.2d 138 (Md. App. 1996). Represented adjoining landowner challenging right of Browning Ferris Industries to place a solid waste transfer station on a site previously used as a recycling center. Mr. Fedder took this matter over after the zoning board and the Circuit Court for Howard County, Maryland issued the zoning variance permitting the proposed use. The Maryland Court of Special Appeals reversed the Circuit Court for Howard County, Maryland and remanded the case to the Zoning Board, which then, after weeks of hearings, denied the variance.

FINANCE AND LENDER LIABILITY

1. Federal Deposit Insurance Corporation v. Rodenberg, 571 F. Supp. 455 (D. Md. 1983). Represented FDIC in capacity of receiver for Farmers' Bank Delaware in lender liability action challenging FDIC's management of real estate collateral securing financing of subdivision in St. Mary's County, Maryland.
2. Arizona Factory Shops Limited Partnership, et al. v. Fru-Con Construction Co., et al., Superior Court of the State of Arizona in and for the County of Maricopa, CV-2001-007175. Represented publicly traded Real Estate Investment Trust in shareholder derivative action against general partner and lender in connection with improperly conducted foreclosure sale and for violations of federal trademark law for operating center after foreclosure under trademarks owned by the REIT.
3. Cruise v. ACS State and Local Collection Sytstems, Inc., United States District Court for the District of Maryland, Civil Action No. AW-03-CV810 (2003). Secured dismissal of federal class action lawsuit against client alleged to have violated the Fair Debt Collection Practices Act in connection with collection efforts on behalf of Montgomery County, Maryland.
4. Quality Automotive Co. v. Signet Bank/Maryland, 775 F. Supp. 849 (D. Md. 1991), aff'd. 983 F.2d 1057 (4th Cir. 1993). Represented federally chartered bank in defense of $20,000,000 lender liability claim by automobile parts distributor.
5. Candlewood Obstetric-Gynecologic Associates v. Retirement & Benefit Analysts, et al., 21 F. 3d 421 (4th Cir. 1994). Represented federally chartered bank in defense of claim that the bank had failed to prevent the embezzlement by pension advisor of $5,000,000 in pension funds.
6. Equitable Bank v. Finn, 671 F. Supp. 374 (D. Md. 1987). Represented bank and non-bank affiliates in claims brought under the Securities Exchange Act.
7. Federal Deposit Insurance Company v. Bundy, 861 F. 2d 714 (4th Cir. 1988). Represented FDIC against title attorney who failed to properly record deeds in residential subdivision.
8. O.C. Partnership v. Owrutsky & Assoc., P.A., 596 A.2d 76 (1991). Represented partnership in defense of charging order sought by law firm whose principal had embezzled partnership funds.
9. Peoples National Bank of Maryland v. American Fidelity Fire Insurance Co., 386 A.2d 1254 (Md. App. 1977). Represented insurance company in successful attempt to recover from bank as a result of its payment to single endorser of check made payable to two parties.

TRADE SECRETS, INTELLECTUAL PROPERTY AND COVENANTS
AGAINST COMPETITION

1. Dick's Sporting Goods, Inc. v. Dick's Clothing & Sporting Goods, Inc., 1999 U.S. App. LEXIS 19942 (4th Cir. 1999). Represented national “big box” sporting goods chain in defense of claims under federal Lanham Act and common law trademark claims.
2. MacSpecialists, Inc. v. Emergo Consultants, LLC, 219 F.R.D. 1 (D.D.C. 2002). Represented owners of technical consulting firm accused by prior employer of violating covenants against competition and the District of Columbia Uniform Trade Secrets Act.
3. Boulanger v. Dunkin' Donuts Incorporated, SJC-09215, Supreme Judicial Court of Massachusetts (2004). Filed Amicus Curiae brief on behalf of International Franchise Association arguing in favor of the enforceability of covenants against competition in franchise agreements.
4. Simko, Inc. v. Graymar Co., 461 A.2d 725 (Md. App. 1983). Represented employer in connection with the enforcement of a covenant not to compete. Established the principal that continuing employment could constitute consideration necessary to support covenant.
5. Champion Investment Real Estate v. Champion Realty, Inc., Circuit Court for Baltimore City. Represented real estate firm in common law trademark infringement action against residential real estate firm.

FRANCHISE AND SECURITIES LITIGATION

1. Grady's American Grill, LP v. Riley, et al., United States District Court for the Southern District of Texas (Houston Division), Civil Action No. H 98 4015. Defended national fast-food restaurant chain in defense of twenty-six count, $30,000,000 claim asserting violations of federal and state securities acts, state unfair and deceptive trade practices acts, state and federal franchise laws, and common law tort claims.
2. D&K Foods, Inc, et. al. v. Bruegger's Corporation, et al., United States District Court for the District of Maryland, Civil Action No. L-97-2304. Represented national bagel franchisor against developer/franchisee of 48 Bruegger's Bagel Bakeries attempting to enjoin sale of the business to a public company. Claims asserted violations of various states' securities, franchise and unfair and deceptive trade practices claims. We brought counterclaims on behalf of the franchisor for violations of federal trademark and unfair competition statutes.
3. Ratterman v. Quality Dining, Inc., et al., United States District Court for the Northern District of Indiana (South Bend Division) Civil Action No. 3:98-CV-250 RM. Represented national bagel franchisor against developer/franchisee of Missouri territory in defense of claims under various states' securities, franchise and unfair and deceptive trade practices acts.
4. Momin v. MaggieMoo's Int. LLC, 205 F. Supp 2d 506 (D. Md. 2002). Represented franchisor in claim by franchisee that it had violated the Texas Unfair and Deceptive Trade Practices Act and committed common law fraud in the inducement in connection with a franchise agreement for a store in Texas. We successfully removed the case from Texas state court to federal court and transferred venue to the United States District Court for the District of Maryland, which granted our motion for summary judgment.
5. McDonald v.Red Hot and Blue, Inc., United States District Court for the District of Maryland, Civil Action No. RDB-02-CV-2812 (2004). Obtained summary judgment on behalf of franchisor claiming fraud in the inducement to enter into a franchise agreement.
6. Mulligan v. Bruegger's Corporation, et al., United States District Court for the Central District of California, Case No. 03-5610 CAS (MANx). Obtained dismissal of class action filed on behalf of employees of Bruegger's Corporation's franchisees claiming entitlement to overtime compensation under federal and state fair labor standards acts.