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Litigation and Appeals

Our litigation attorneys have the experience and expertise to pursue or defend both large, complex cases and routine matters.  Unlike many firms who take a one-size-fits-all approach to litigation, we look at each case from every angle and consider creative approaches and solutions.    We are also skilled negotiators.  We collaborate with our clients to assess whether disputes can be efficiently resolved without the need for litigation or trial.  We have handled matters of all types in numerous areas of law, including:

  • Contract disputes
  • Business disputes and dissolution actions
  • Real estate and property rights disputes
  • Securities, investments, and shareholder claims
  • Employment matters, including discrimination, wrongful termination, and non-competition claims
  • Landlord/tenant disputes and forcible entry and detainer (FED) actions
  • Construction liens and defects
  • Estate contests and financial exploitation of elders
  • Foreclosures
  • Complex creditors rights actions
    • Embezzlement
    • Successor liability
    • Fraudulent transfer
  • Personal injury and wrongful death
  • Shareholder derivative disputes
  • Intellectual property
  • First Amendment and defamation claims
  • Insurance defense

 
Appeals and Special Actions

Our attorneys routinely handle appeals and special actions, whether or not we tried the initial case. We assist our clients in assessing whether an appeal is appropriate in any given case, and carefully analyze the likelihood of success on appeal. 

Securities Litigation and Investment Disputes

We have handled securities cases in federal and state court and arbitrated cases in industry tribunals for decades. We have been on all three sides of these disputes—representing plaintiffs, representing defendants, and serving as arbitrators or mediators. These cases run the gamut from Ponzi schemes to variable annuities, research and development limited partnerships to gold mining scams, movie production deals to municipal finance, dotcoms to oil and gas partnerships, and churning cases to “know your customer” cases.  We regularly litigate securities cases in state and federal court, as well as in industry tribunals including FINRA (formerly NASD).

Our experience in this area of the law is longstanding and diverse. We obtained the first-ever treble damage award for racketeering damages in an industry arbitration tribunal. We also successfully litigated a securities fraud case against a former lunar astronaut involving a research and development limited partnership.  We have handled several mini-Madoff Ponzi scheme cases.  We also handle cases involving suitability concerns against investment professionals, and representing registered representatives against their firms.

Administrative Hearings

We have extensive experience in handling administrative hearings and proceedings, including representing clients before the following agencies:

  • Securities and Exchange Commission
  • Securities Division of the Arizona Corporation Commission
  • Utilities Division of the Arizona Corporation Commission
  • Equal Employment Opportunity Commission
  • National Labor Relations Board
  • Department of Labor Wage and Hour Division
  • Arizona Registrar of Contractors
  • Arizona Department of Real Estate
  • Arizona Department of Insurance
  • Arizona Banking Department
  • Arizona Civil Rights Division
  • County assessors and boards of equalization
     

Alternative Dispute Resolution

Our attorneys have broad experience representing clients in various alternative dispute resolution forums, including arbitration and mediation proceedings before the American Arbitration Association, FINRA, EEOC, JAMS/Enddispute, and private arbitrators and mediators.

In addition, we have substantial experience on the “other side of the table.” Our attorneys have been hired to serve as private mediators and arbitrators, as well as panel members in disputes brought before the American Arbitration Association and FINRA.

Co-Counsel and Expert Witness

Our expertise in securities, real estate, and other matters often leads us to serve as special counsel or co-counsel in complex cases and to testify as expert witnesses.  We have also served as special counsel to the Arizona Department of Insurance in various matters.