A former Judge Pro Tem in Maricopa County Superior Court, has conducted numerous
settlement conferences and private mediations ... has mediated a wide variety of
disputes, with special emphasis on construction, real estate and
Construction. Arbitrated general
contractor’s $4 million claim against a school district ... represents a variety
of subcontractors, contractors and owners in (a)
defense of claims in state, federal and tribal courts, and before the American
Arbitration Association and the Department of Interior Board of Contract
Appeals; (b) prosecution and
defense of bond and mechanics’ and materialmen’s lien claims; (c) administrative
proceedings before the Arizona Registrar of Contractors, and (d) review and preparation
of construction contracts and design-build agreements.
Real Estate Development and Finance.
Represented anchor tenant in the jury trial of a $15 million action involving
breach of development agreement and ground lease and failure to procure
entitlements ... has represented owners, investors and professionals in a
variety of disputes concerning real estate limited partnerships ... has
represented construction and permanent lenders in loan documentation and
enforcement of security by, among other actions, enforcement of
deeds-of-trust/agreements for sale, judicial foreclosure and the appointment of
receivers ... has represented homeowners associations in enforcement of leasing
and other restrictions.
Litigation. Obtained jury verdict of nearly $1 million on behalf of a real
estate broker and developer against a New York-based lawyer and development
company based on claims of breach of contract, misrepresentation, breach of
fiduciary duty, and lawyer malpractice in connection with development of large
Phoenix warehouse facility.
Eminent Domain. Has represented a
variety of owners in trial and settlement of condemnation and inverse
Real Estate Purchase/Sale/Lease.
Represented owner of Colorado River RV resort in a jury trial of claims asserted
by the buyer of the resort ... represented a developer in an action against a
regional mall developer to enforce a right of first refusal on a large tract in
Gainey Ranch ... represented owners and developers in various matters, including
but not limited to construction disputes and contract interpretation and
enforcement ... in non-litigation matters, has negotiated and prepared leases,
sale and related documents for improved and unimproved land.
Land Use. Represented owners in
Cave Creek and Sedona in litigation against governmental bodies alleging
regulatory takings and wrongful refusal to issue building permits and approve
site plans for major developments.
Accounting and Corporate. Retained to represent accounting firms insured through a program sponsored by
the American Institute of Certified Public Accountants ... has represented
accountants and other financial professionals in securities fraud and
malpractice actions concerning fraudulent/negligent forecasts and projections,
audits, regulatory reporting and tax return preparation ... retained by a
national insurance company to represent insureds named as defendants in
litigation matters alleging breach of duties owed as corporate
officers/directors ... served as a panel member,: Arizona Society of Certified
Public Accountants, Audit Standards Committee, Symposium on Accountant
Securities Fraud. Has represented
national and regional broker-dealers in a variety of actions involving fraud,
selling away, churning and suitability ... has represented individual investors
in claims against broker-dealers and financial planners ... litigated these
matters in state and federal courts and in arbitration before the National
Association of Securities Dealers ... represented a homebuilder in defense of
securities fraud and other claims asserted in the Keating securities fraud
Insurance. Has litigated bad
faith claims and adjudication of coverage for life, equine, casualty and
directors’ and officers’ insurance ... represented a former insurance company
owner in defense of claims asserted by the receiver in Arizona’s largest
insurance company receivership.
Other Highlights. Represented one
of the nation’s largest distributors of medical supplies in defense of claims of
breach of contract and fraud by hospitals in Phoenix and Tucson seeking to
recover more than $30 million in damages ... has represented businesses and
individuals in various litigation matters involving enforcement of covenants not
to compete ... represented a Canadian tobacco manufacturer in the Arizona
Attorney General's tobacco litigation ... represents small and large businesses
in prosecution and defense of collection claims and commercial torts (e.g.,
fraud, misrepresentation, interference with contract).