Donald D. Berner

General information

Established in 1919, Foulston Siefkin LLP is the largest and one of the oldest law firms in Kansas. We’re proud to have our roots and our future in Kansas. The firm has grown to over 90 lawyers with offices in Wichita, Kansas City, and Topeka. Since our firm is based in Kansas, our clients benefit from a lower cost basis that can lead to a more personal, higher-value delivery of legal services from attorneys recognized by national organizations as among the leading lawyers in the United States.

The firm represents a broad range of clients mirroring the Kansas economy, including major agriculture, energy, and natural resource producers and processors, construction general and sub-contractors, corporations, financial institutions, franchisers and franchisees, health care and senior care providers, insurance companies, manufacturers, professional entities, public utilities, service providers and others.

The firm’s practice areas cover the spectrum of the legal profession, including legal issues involving:

• Commercial and Complex Litigation: Administrative representation; antitrust; banking; business contract and commercial disputes; class actions; insurance defense; intellectual property; mediation and alternative dispute resolution; qui tam; and tort defense in personal injury, products liability, professional malpractice and property damage.

• Business and Corporate Matters: Commercial bankruptcy; contracts and agreements; corporate and entity formation; corporate finance; e-business; energy; environmental; federal and state taxation, including tax planning, contested tax disputes, elder, and estate planning; franchise and distribution; intellectual property; mergers and acquisitions; oil and gas; private equity and venture capital; private placements; public policy law and government relations; real estate and construction; regulatory compliance; succession planning; tax exempt organizations; and water rights.

• Employment and Labor: Affirmative action plans; employee relations; employee benefits, Employee Retirement Income Security Act (ERISA); employment contracts and non-compete agreements; employment discrimination defense; immigration; National Labor Relations Board representation; organized labor; Occupational Safety and Health Administration (OSHA); wage and hour; and workers compensation.

• Health Care Law: Regulatory and corporate compliance programs; anti-kickback; electronic health records; EMTALA; fraud and abuse; government investigations; HIPAA Privacy and Security; licensing, accreditation, and certification; managed care; medical malpractice; peer review and risk management; professional liability defense; reimbursement; and Stark law.

Foulston Siefkin is rated AV by Martindale-Hubbell, its highest rating for legal ability and adherence to the professional standards of conduct, ethics, reliability and diligence. The firm is also ranked as the leading law firm in the state of Kansas in Corporate/M&A, Employment Law, General Commercial Litigation, and Real Estate by Chambers USA, an international research publication. 54 Foulston Siefkin attorneys are listed in the 2014 Best Lawyers in America edition, the most of any law firm in Kansas. 37 lawyers from Foulston Siefkin are listed in the 2014 edition of Missouri & Kansas Super Lawyers. Benchmark Litigation named Foulston Siefkin a highly recommended local litigation firm. 7 Foulston Siefkin attorneys are Fellows of the American College of Trial Lawyers, including one of our attorneys who was a past president of the organization, and one of our attorneys who was the first Kansas woman attorney inducted as a Fellow in the ACTL. 2 Foulston Siefkin attorneys are Fellows of the Litigation Counsel of America, 3 Foulston Siefkin attorneys are Fellows of the American College of Tax Counsel, 3 are Fellows of the American College of Trust & Estate Counsel, 1 is a Fellow of the American Bankruptcy Institute, 1 is a Fellow of the American College of Real Estate Lawyers, and one is a charter Fellow and founding Regent of the American College of Environmental Lawyers.

We continue to expand our numbers and talent by preserving the essence of our historic traditions while incorporating the best of modern techniques and technology. Our attorneys are complemented by state-of-the-art computer networking capabilities and the judicious utilization of paralegals; medical, accounting, and client relationship professionals; and well-trained support staff.