Edwin D. Fleming

Ed began practicing law in 1984 and is a Martindale-Hubbell peer review rated AV® Preeminent 5.0 out of 5* attorney. Ed has been selected as a Southwest Super Lawyer since 2011 and a Best Lawyer in America from 2015-2019 . Ed represents clients in complicated commercial disputes. He has successfully prosecuted and defended professionals, including lawyers and accountants, in dozens of cases and represented multiple clients in cases involving financial fraud and securities issues. His diverse experience includes shareholder derivative actions, civil employment litigation, and state and federal racketeering claims. Ed has extensive experience in real estate litigation matters, including claims brought by bank and lending institutions against real estate developers and contractors, as well as claims made by and against general contractors and subcontractors.

Ed’s undergraduate degree in Business Administration, with an emphasis in finance and economics, along with his active management role in a family business, allows him to relate to his business clients’ needs and concerns.  He is a trusted advisor to a host of business clients who turn to him for advice and counsel on matters from day-to-day transactions to dispute resolution.  While Ed is a believer in conflict resolution through methods other than costly trials, he is known to be a relentless advocate for his clients in situations where trial is necessary or inevitable.

FIRM DESCRIPTION

Now with 40 attorneys in its Phoenix office, Burch & Cracchiolo was founded in 1970. The firm’s lawyers are leaders in the areas of business and corporate law, commercial litigation, construction, creditors’ rights, bankruptcy & reorganization, estate and wealth preservation planning, family law, labor and employment, insurance defense, personal injury litigation, real estate law, zoning and land use and taxation.  Serving corporate, governmental and individual clients throughout the Southwest and nationally, Burch & Cracchiolo is known for outstanding and cost-effective representation that emphasizes client objectives. The firm has offices in Phoenix, Arizona; Las Vegas, Nevada; and Orange County, California.  In order to better serve clients nationally and internationally, Burch & Cracchiolo is a member of Primerus, an international alliance of 170 law firms from 120 cities around the world.

Matthew Harrison

Matthew Harrison is the founding member of Harrison Law and has been practicing law for over 20 years. Prior to forming Harrison Law, Mr. Harrison was an attorney with a nationallyrecognized surety, construction, and fidelity law firm in Phoenix, Arizona, where his practice focused on complex civil litigation. Previously, Mr. Harrison was a Deputy County Attorney with the Maricopa County Attorney’s Office for over seven years where he held leadership positions and mentored less-experienced attorneys. Matthew Harrison has combined these experiences into a law firm that has established itself both locally and nationally as a highly-regarded law firm.

Mr. Harrison has extensive experience in both civil and criminal law. He also has significant trial court and arbitration experience, which includes being lead counsel in over 35 jury trials. He is rated as an AV© Preeminent™ Attorney by Martindale Hubbell and is a Sustaining Member of Arizona’s Finest Lawyers™. Mr. Harrison has represented clients on legal issues involving claims and litigation from a few thousand dollars to claims and litigation in excess of 100 million dollars. He is the author or co-author for several legal publications and is a frequent presenter at CLE workshops and other programs for business owners.

Mr. Harrison is involved in several volunteer and other legal opportunities. These opportunities include his continuing appointment as a Judge Pro Tempore for the Superior Court of Arizona in Maricopa County, where he is assigned to both civil and criminal matters. As a Judge Pro Tem, Mr. Harrison has successfully conducted Settlement Conferences, which have resulted in a resolution of the litigation. Mr. Harrison also served as a member on the Williams Air Force Base Restoration Advisory Board for five years.

Mr. Harrison graduated in 1997 from Arizona State University College of Law (now Sandra Day O’Conner College of Law) where he was a Pedrick Scholar and received CALI Excellence for the Future Award in Family Law. He is an active member of the Arizona State and Federal Bars, the Utah State and Federal Bars, the American Bar Association, and the Maricopa County Bar Association. He is also involved in several subcommittees within these bar associations.

Mr. Harrison lives in the Phoenix Metropolitan Area with his wife and children. They enjoy the outdoors and local art and culture, as well as other activities that Arizona has to offer.

Representative Cases/Matters

  • Represented a surety in complex indemnity actions in two jurisdictions against a group of corporations and individuals, which included allegations of fraudulent transfers designed to hide assets to be used to indemnify the surety client. After significant litigation and a settlement agreement with a portion of the individuals and corporations, Mr. Harrison obtained Judgments totaling over $2.72 million dollars against the corporations and individuals that did not settle.
  • Represented a surety who held a performance bond on a construction project on tribal lands. The construction company was terminated for failure to perform and a demand was made on the bond. Mr. Harrison was able to locate a completion contractor and successfully negotiate a tender agreement, which included the surety providing no payment on the performance bond. These actions eliminated over $1.25 million dollars of potential performance bond losses to the client.
  • Represented a surety who held multiple performance and payment bonds on a construction company that was terminated for failure to perform on projects in Arizona, New Mexico and Utah and had also failed to pay its subcontractors and suppliers. These projects involved municipalities or tribal entities. Mr. Harrison was able to evaluate and successfully resolve over 150 claims and lawsuits to the benefit of the client.
  • Represented a surety company in a complex civil dispute and claim in excess of $100 million dollars regarding construction of a regional wastewater treatment plant, which led to a successful outcome for the surety.
  • Provided a successful defense, including a jury trial, of an insurance company involving an injury claim where the plaintiff demanded over $1.5 million dollars in damages. The jury awarded less than $75,000 in damages to the plaintiff.
  • Represented a surety in an indemnification action involving an automobile dealership’s license bond where the indemnitors held assets and real property in Mexico. Through litigation and motion practice, Mr. Harrison was able to obtain a favorable settlement recovering the losses incurred by the surety for payment of claims on the bond.
  • Represented a surety who held multiple performance and payment bonds on a construction company that was terminated for failure to perform on several construction projects in Arizona and Utah. Mr. Harrison was able to evaluate and successfully resolve these multiple claims and lawsuits to the benefit of the client.
  • Represented a general contractor on its claims against a subcontractor for its failure to timely perform in the construction of a hospital in the Phoenix Metropolitan area. This litigation led to the general contractor recoupling losses it incurred for retaining another subcontractor to complete the subcontract on time.
  • Represented a national engineering firm from allegations of design and other defects on a multi-million dollar construction project in central Arizona.
  • Participated in a successful litigation team representing a surety who intervened in a multi-million dollar complex arbitration in Nevada between a contractor and developer. After a long and contentious arbitration, the Panel found in favor of surety client and the contractor. The Panel awarded damages in excess of $4.3 million dollars.

Court Admissions

  • Utah State Bar, 1997
  • U.S. District Court, Utah, 1997
  • Arizona State Bar, 1998
  • U.S. District Court, Arizona, 2008

Publications and Legal Presentations

  • From 2012 to the present, Mr. Harrison is a regular presenter for various business organizations on topics concerning business organization, commercial law issues, construction law, both discovering employee theft and deterring future occurrences.
  • Regular Presenter at Lorman Building Codes CLE, January 2016, March 2012, and October 2010. Mr. Harrison also authored a portion of the manual provided at the seminars.
  • Mr. Harrison and Harrison Law were featured in Attorney At Law Magazine in the December 2011 issue as well as the March 2012 issue of Arizona Public Accountant Magazine.
  • Co-author of article: How Prompt Payment Laws Affect the Surety, which was presented at the Surety Claim Institute annual meeting, June 2011.
  • Co-author of presentation: Prompt Payment Laws and the Surety, which was presented at the American Bar Association Spring Conference in Phoenix, Arizona, April 2011.
  • Co-author of article: Recent Developments in Arizona Law of Implied Warranties, which was presented at Arizona Construction Law 2010 – Examining Trends Over the Past 10 Years State Bar of Arizona CLE, February 2010.
  • Authored law journal article: Legislative Delegation and Presidential Authority: A Discussion of the Antiquities Act and the Establishment of the Grand Staircase-Escalante National Monument—A Call for a New Judicial Examination, Journal of Environmental Law and Litigation, 13 J. Env. Law & Lit. No. 2 (Winter 1998). The article is widely considered as an excellent history of the foundation of the Antiquities Act has been cited in several legal, environmental, and administrative law journal articles since that time.

Firm Description

After over 15 years of practicing law in both the public and private sectors, Matthew Harrison saw the need for a law firm that focuses on the requirements and goals of business clients. From start-up companies to multi-billion dollar organizations, along with individuals who were searching for high-quality and cost-effective representation, Harrison Law delivers what was not being provided at your classic large metropolitan law firm. To cater to our clients, Harrison Law, PLLC was founded with the goal of providing high-quality representation for the variety of legal areas that a typical corporation, its owners, and employees would encounter. The firm is based in the Phoenix Metropolitan area and represents clients in Arizona, Utah, and throughout the southwestern United States.

Harrison Law understands how businesses work and of the significant issues at stake when problems arise. Harrison Law has a highly favorable reputation for its discrete representation of high-profile business and individual clients whose legal issues may involve the media.. Harrison Law also understands the needs of individuals and families while navigating through legal issues. In all situations, the goal of Harrison Law is to provide effective representation while avoiding excessive and unnecessary expenses. The attorneys and legal support staff of Harrison Law accomplishes this goal by working closely with our clients to determine the quickest and most efficient route to dispute resolution.

 

Benjamin J. Burnside

Ben is a Certified Specialist in Estate & Trust Law by the State Bar of Arizona and a Certified Elder Law Attorney by the National Elder Law Foundation. Ben has been elected as a Fellow in the American College of Trust and Estate Counsel. He joined Bogutz & Gordon, P.C. in 1999, after having practiced with a Tucson estate planning firm since 1994. He serves on and is past Chair of the State Bar of Arizona Probate & Trust Section Executive Council. Ben earned a B.S. in Commerce from the University of Virginia McIntire School of Commerce, a J.D. from the University of Arizona James E. Rogers College of Law and an LL.M. in Taxation from the University of Denver Sturm College of Law.

He is a Member of the National Academy of Elder Law Attorneys and the Pima County Bar Association. He writes and lectures frequently and is active in numerous community organizations, including serving as Chair of the Board of Goodwill Industries of Southern Arizona, Inc. and as a member of the Board of the Southern Arizona Estate Planning Council. Ben and his wife, Dena, a CPA, have traveled extensively to all seven continents, and they now have two children, Josephine and Ethan, who keep them closer to home.

The Estate & Trust Law Practice:

At Bogutz & Gordon, estate planning is not a one-size-fits-all endeavor. Estate plans can be as individual as you are, and our job is to advise you on your options and make recommendations for you and your beneficiaries. Our goal is to provide you with the knowledge to make effective choices, and then implement those choices with accurate documents that meet the highest technical standards.
Basic estate planning includes the preparation of Wills, Financial (General) Powers of Attorney and Medical (Health Care) Powers of Attorney, and Living Wills (Advance Directives), all of which are prepared in accordance with Arizona’s very specific laws and requirements.

Bogutz & Gordon is also able to advise on and prepare more advanced arrangements such as Limited Liability Companies, Family Limited Partnerships, Irrevocable Life Insurance Trusts (“ILIT’s”), Special Needs Trusts, Qualified Personal Residence Trusts (“QPRT’s”) and Grantor Retained Annuity Trusts (GRAT’s).

Estate planning also involves considering whether your assets are properly titled and whether your beneficiary designations for your IRAs, 401(k)’s, and annuities are appropriate for your situation.

Bogutz and Gordon:

Bogutz & Gordon has been proudly serving the Tucson, Arizona, area since 1984, providing sophisticated services to meet our clients’ estate planning and elder law needs. From the beginning, the goal was to help people in need. In 1984, Allan Bogutz, who had served as Pima County Public Fiduciary, incorporated his own law firm. A few months later, Allan asked Craig Gordon, then working as an attorney at Southern Arizona Legal Aid (SALA), to join him, and the two combined forces. Both were deeply committed to helping people, especially those who cannot help themselves. Allan not only had served as Public Fiduciary, he also had worked at SALA and served in the Peace Corps. Before joining SALA, Craig had used a federal grant from the Administration of Aging to develop a legal education and referral program for Senior Citizens in rural Iowa. With these backgrounds in public service, Allan and Craig brought a unique vision to the firm.

The succeeding 30 years have seen Bogutz & Gordon prosper as one of the pre-eminent elder law firms in the Southwest. Both Allan and Craig have, for the most part moved on, but their goals and ideals carry on among the current staff of attorneys, care managers, paralegals, and support staff.

Robert J. Bruno

Mr. Bruno, a senior litigation attorney, joined the firm in 1973 shortly after it was founded. Mr. Bruno has served as firm president, a member of the firm’s management committee and is currently a member of the Board of Directors. Mr. Bruno’s practice emphasizes complex civil litigation, primarily in the areas of insurance defense, insurance coverage, insurance bad faith, employment law, directors and officers liability, construction litigation, personal injury, professional liability defense and products liability.

Mr. Bruno is one of the select group of Arizona lawyers elected to the American Board of Trial Advocates and has served on the Board of Directors of the Arizona Association of Defense Counsel. He is certified by the State Bar of Arizona as a Specialist in Injury and Wrongful Death Litigation. He has received Martindale-Hubbell’s highest A-V Preeminent rating. Mr. Bruno is recognized in the 2007 – 2015 editions of Southwest Super Lawyers, in the 2011 through 2015 editions of Best Lawyers in America and is listed in Best’s Recommended Insurance Attorneys for 2010 through 2015. Mr. Bruno is also a member of the Claims & Litigation Management Alliance (CLM) whose mission is to further the practice of Litigation Management through ethics, cooperation, and education.

Mr. Bruno chairs a team of Sanders & Parks attorneys representing insurance companies in bad faith matters with a particular focus upon insurers that have been subjected to Arizona Damron and Morris agreements. Mr. Bruno has written extensively on the Damron/Morris issue including Damron Revisited – Reasonableness the True Judgment Limit, published in the Arizona Attorney; and Arizona Damron Agreements – An Unusually Dangerous Danger Zone for Liability Insurers which appeared in the Professional Liability Underwriting Society (PLUS) Journal.

The Civil Litigation Law Practice:

Through decades of practice, Sanders & Parks, P.C. has established an outstanding reputation as a firm of excellent trial lawyers with litigation experience before a variety of state and federal courts and administrative agencies. The scope of our practice includes such diverse areas as the following:

  • Automobile and trucking litigation
  • Bad faith litigation
  • Catastrophic injury litigation
  • Construction litigation (site accident and construction defects)
  • Employment law
  • Insurance law
  • Intellectual property
  • Personal injury litigation
  • Premises liability
  • Products liability
  • Professional liability (accountants, architects, contractors, engineers, real estate agents, attorneys, and other professionals)
  • Wrongful death

Acknowledging our clients’ concern regarding the expense of litigation, the civil litigation attorneys at Sanders & Parks, P.C. consistently strive for efficiency by staffing each case with a small but highly focused group of attorneys and paraprofessionals. Based on our team approach, clients are able to retain a premier team of lawyers and professionals dedicated to achieving the highest results without incurring unreasonable costs. To enhance our overall effectiveness and efficiency, our civil litigation team routinely utilizes advanced database, case management, communication, and processing technologies that enable rapid and cost-efficient retrieval of documents and specific information. Recognizing that complex disputes often require an infusion of creativity and common sense, our attorneys also are progressive in utilizing alternative dispute resolution (“ADR”) approaches, including mediation, arbitration, and summary jury trials.

Sanders & Parks, P.C.:

At the A-V rated law firm of Sanders & Parks, P.C., we dedicate each day to serving our clients’ legal needs promptly, efficiently, and effectively. Whether in negotiation, litigation, mediation, or arbitration, our attorneys provide the highest quality legal representation while recognizing the need for a practical, cost-effective approach to litigation. Sanders & Parks attorneys are committed to doing whatever it takes to solve a legal problem, add perspective to a business strategy, develop a solution to avoid litigation in the future and work with clients whenever possible.

Sanders & Parks, P.C. offers diverse legal services to local, national, and international clients, which include some of the most prestigious insurance, business, banking, brokerage, financial, and corporate clients in the world. Our clients include a large number of publicly-owned domestic and international corporations, as well as closely-held domestic and international corporations, limited liability companies, banks, financial institutions, partnerships, and individuals who we have represented as general, regional, and special counsel. Because of our size and experience, our firm frequently is retained by other law firms to act as lead, special, or local counsel in connection with major transactions or complex litigation. Although based in Arizona, we represent clients throughout the country in a wide variety of areas.

Jeffrey H. Wolf

Jeff Wolf joined Quarles & Brady as part of its efforts to build a signature Franchise & Distribution Team. For nearly 25 years of his career, he has represented franchisors of all sizes in litigation with franchisees over issues of fraud, liquidated damages, system standards, earnings claims, encroachment, advertising funds, trademark and trade dress infringement, restrictive covenants and vicarious liability. His practice has focused largely on the enforcement of franchisor post-termination rights and has included the defense of numerous class actions and system-threatening actions filed by groups of franchisees.

Mr. Wolf has tried many cases in federal and state courts, or in arbitrations, throughout the United States and has also handled many appellate matters. In addition to the franchise matters that he handles, he has litigated cases involving breach of contract, partnership, real estate, and employment disputes.

Mr. Wolf is a highly responsive attorney who prides himself on providing the best possible client service. He is committed to helping clients resolve their disputes as efficiently and cost effectively as possible. His litigation style blends the right amounts of aggressiveness and practical thinking to achieve the best possible case results.

 

Legal Services

Franchise & Distribution

Trade Secrets and Unfair Competition

Class Action Defense

Health & Life Sciences

Litigation & Dispute Resolution

Labor & Employment

Financial Institutions Litigation

Trade Secrets

 

Education and Honors

Washington University in St. Louis School of Law (J.D., 1986)

University of Hartford (B.A., cum laude, 1982)

 

Bar Admissions

Arizona

 

Court Admissions

U.S. Court of Appeals, 9th Circuit

U.S. District Court, District of Colorado

U.S. District Court, District of Arizona

 

Professional and Civic Activities

Boys & Girls Clubs of Metro Phoenix Board (Board of Directors)

Scottsdale Center for the Performing Arts (Member, Advisory Board)

Maricopa County Bar Association (Member)

State Bar of Arizona (Member: Litigation and Labor and Employment Sections)

American Bar Association (Member: Forum on Franchising)

International Franchise Association (Member: Council of Franchise Suppliers)

Terros, Inc. (Board of Directors, 1998–2010)

Maricopa County Bar Foundation (Board of Trustees, 2004–2006)

Jewish National Fund (Board of Directors, 2004–2006)

 

Professional Recognition

Best Lawyers in America® (2007–2015: Franchise Law)

Southwest Super Lawyers® (Franchise/Dealership Law); (2007-2015; named among the Top 50 attorneys in Arizona in 2012 and 2013)

The International Who’s Who of Franchise Lawyers by Who’s Who Legal (2011–2014)

Arizona’s Top Lawyers, AZ Business Magazine (2014: Commercial Litigation)

Arizona’s Finest Lawyers (2011)

Who’s Who in Law, Phoenix Business Journal (2006)

Franchise Times Legal Eagle (2004-2015)

Franchise Times Hall of Fame (2013)

Recipient of Lexology Client Choice Award (Arizona: Litigation 2015)

 

 

Dan Goldfine

Dan Goldfine is a partner in Lewis Roca Rothgerber Christie’s Litigation practice group. He focuses on class action and complex litigation, including matters involving antitrust, RICO, health care, government and consumer fraud, and business disputes. Dan also represents business and executives regarding grand jury, government and internal investigations. Dan’s antitrust background further allows him to counsel companies regarding antitrust compliance.

Prior to joining Lewis Roca Rothgerber Christie, Dan was a partner at a large southwestern U.S. law firm for fifteen years with a similar class action and complex litigation focus and was Chair of that firm’s Government and Internal Investigations/Criminal Defense practice area. Before private practice, Dan was a Trial Attorney for the U.S. Department of Justice, Antitrust Division.

Dan began his legal career as a law clerk to the Honorable Gerald W. Heaney in the U.S. Court of Appeals, Eighth Circuit.

Memberships & Affiliations

– Overman Foundation charitable fundraiser, Chair, 2004-present
– Arizona Juvenile Justice Commission, Gubernatorial Commission, 2010-present
– State Bar of Arizona, Executive Committee, Antitrust Section, 1998-present
– American Bar Association, Fellow
– Federal Bar Association, Fellow

Education
– J.D., University of Minnesota Law School, 1988
– B.S., University of Wisconsin-Madison, 1985

Bar Admissions
– Arizona
– Minnesota

Court Admissions
– Arizona Supreme Court
– Supreme Court of Minnesota
– U.S. Court of Appeals, Eighth Circuit
– U.S. Court of Appeals, Ninth Circuit
– U.S. Court of Appeals, Eleventh Circuit

Clerkships
– U.S. Court of Appeals, Eighth Circuit

Representative Matters
– Represented a large national automobile insurer in a $21 billion nationwide consumer class action alleging the price-fixing of insurance, obtaining a dismissal with prejudice
– Defended client in a multi-billion dollar RICO class action, obtaining dismissal with prejudice at trial
– Defended clients against antitrust charges in more than 20 states, obtaining dismissals with prejudice at the trial level
– Defended companies in the healthcare, pharmaceutical and insurance industries in addition to manufacturers and consumer marketers against antitrust, RICO, False Claims Act, and consumer fraud class actions filed in federal and state courts in California, Arizona, Florida, Illinois, Indiana, Washington, Nevada, Utah, Oregon, Georgia, Minnesota, Alabama, Louisiana, Mississippi, Pennsylvania, New Jersey and Ohio, obtaining dismissals and summary judgments and defeating many classes seeking certification
– Defended several hospitals in both a U.S. Department of Justice investigation and a class action, alleging that the hospitals and a trade association had fixed the wages of part-time nurses, obtaining a declination by the DOJ and a denial of certification of more than 80% of the alleged class
– Represented two healthcare providers who alleged that a monopolist hospital had blocked their opening of a competing outpatient facility, obtaining a multimillion dollar settlement
– Represented a long distance provider in a lawsuit claiming monopolization, obtaining dismissal with prejudice
– Represented an automobile manufacturer in consumer class action alleging price fixing, obtaining dismissal with prejudice
– Counseled clients applying for and receiving corporate leniency from the Department of Justice and state Attorneys General
– Obtained a $277 million jury verdict in a business-against-business dispute on behalf of a large publicly-held Arizona company
– Represented a Marine officer accused of espionage, illegally taking top secret information, and lying to authorities, obtaining a declination from the DOJ and clearing his record with military authorities so he could return to the Marines
– Represented a pharmaceutical wholesaler in a warehouse fire matter, leading to total settlements with insurers and the warehouse operator in excess of $50 million
– Represented the second largest Arizona law firm in an attorney malpractice claim where the plaintiff was seeking $40 million and obtained a complete defense verdict from the jury at trial
– Defended companies and companies under government investigation (including grand jury and agency investigations)
– Conducted internal investigations on behalf of boards and special committees of for profit companies and nonprofit entities to determine whether or not management or board members violated the law

Publications
– Quoted, “College Football Players Can Unionize, NLRB Says,” Westlaw Journal Antitrust, May 2014; originally in Thomson Reuters Law Blog, April 1, 2014, April 2014
– Author, “Ten ‘Things’ Companies Should Know about Search Warrants,” Association of Corporate Counsel, 2010
– Author, “Responding to U.S. Search and Seizure Warrants and EU Dawn Raids,” Financier Worldwide magazine, July 2010
– Author, “The Case for Government Regulation of I-Gaming: A Counterpoint to Owen’s Advocacy of Self-Regulation,” Gaming Law Review and Economics, Volume 12, Issue 2, April 2008
– Author, “Plan Ahead Before Trouble Walks In: Preparing for Charges of Criminal Conduct,” ABA Business Law Section, July/August 2004

Lewis Roca Rothgerber Christie LLP is a recommended firm in the following areas:
Litigation – USA – Arizona
Antitrust – USA – Arizona
White Collar Criminal Litigation – USA – Arizona

 

Dan Goldfine

Dan Goldfine is a partner in Lewis Roca Rothgerber Christie’s Litigation practice group. He focuses on class action and complex litigation, including matters involving antitrust, RICO, health care, government and consumer fraud, and business disputes. Dan also represents business and executives regarding grand jury, government and internal investigations. Dan’s antitrust background further allows him to counsel companies regarding antitrust compliance.

Prior to joining Lewis Roca Rothgerber Christie, Dan was a partner at a large southwestern U.S. law firm for fifteen years with a similar class action and complex litigation focus and was Chair of that firm’s Government and Internal Investigations/Criminal Defense practice area. Before private practice, Dan was a Trial Attorney for the U.S. Department of Justice, Antitrust Division.

Dan began his legal career as a law clerk to the Honorable Gerald W. Heaney in the U.S. Court of Appeals, Eighth Circuit.

Memberships & Affiliations

– Overman Foundation charitable fundraiser, Chair, 2004-present
– Arizona Juvenile Justice Commission, Gubernatorial Commission, 2010-present
– State Bar of Arizona, Executive Committee, Antitrust Section, 1998-present
– American Bar Association, Fellow
– Federal Bar Association, Fellow

Education
– J.D., University of Minnesota Law School, 1988
– B.S., University of Wisconsin-Madison, 1985

Bar Admissions
– Arizona
– Minnesota

Court Admissions
– Arizona Supreme Court
– Supreme Court of Minnesota
– U.S. Court of Appeals, Eighth Circuit
– U.S. Court of Appeals, Ninth Circuit
– U.S. Court of Appeals, Eleventh Circuit

Clerkships
– U.S. Court of Appeals, Eighth Circuit

Representative Matters
– Represented a large national automobile insurer in a $21 billion nationwide consumer class action alleging the price-fixing of insurance, obtaining a dismissal with prejudice
– Defended client in a multi-billion dollar RICO class action, obtaining dismissal with prejudice at trial
– Defended clients against antitrust charges in more than 20 states, obtaining dismissals with prejudice at the trial level
– Defended companies in the healthcare, pharmaceutical and insurance industries in addition to manufacturers and consumer marketers against antitrust, RICO, False Claims Act, and consumer fraud class actions filed in federal and state courts in California, Arizona, Florida, Illinois, Indiana, Washington, Nevada, Utah, Oregon, Georgia, Minnesota, Alabama, Louisiana, Mississippi, Pennsylvania, New Jersey and Ohio, obtaining dismissals and summary judgments and defeating many classes seeking certification
– Defended several hospitals in both a U.S. Department of Justice investigation and a class action, alleging that the hospitals and a trade association had fixed the wages of part-time nurses, obtaining a declination by the DOJ and a denial of certification of more than 80% of the alleged class
– Represented two healthcare providers who alleged that a monopolist hospital had blocked their opening of a competing outpatient facility, obtaining a multimillion dollar settlement
– Represented a long distance provider in a lawsuit claiming monopolization, obtaining dismissal with prejudice
– Represented an automobile manufacturer in consumer class action alleging price fixing, obtaining dismissal with prejudice
– Counseled clients applying for and receiving corporate leniency from the Department of Justice and state Attorneys General
– Obtained a $277 million jury verdict in a business-against-business dispute on behalf of a large publicly-held Arizona company
– Represented a Marine officer accused of espionage, illegally taking top secret information, and lying to authorities, obtaining a declination from the DOJ and clearing his record with military authorities so he could return to the Marines
– Represented a pharmaceutical wholesaler in a warehouse fire matter, leading to total settlements with insurers and the warehouse operator in excess of $50 million
– Represented the second largest Arizona law firm in an attorney malpractice claim where the plaintiff was seeking $40 million and obtained a complete defense verdict from the jury at trial
– Defended companies and companies under government investigation (including grand jury and agency investigations)
– Conducted internal investigations on behalf of boards and special committees of for profit companies and nonprofit entities to determine whether or not management or board members violated the law

Publications
– Quoted, “College Football Players Can Unionize, NLRB Says,” Westlaw Journal Antitrust, May 2014; originally in Thomson Reuters Law Blog, April 1, 2014, April 2014
– Author, “Ten ‘Things’ Companies Should Know about Search Warrants,” Association of Corporate Counsel, 2010
– Author, “Responding to U.S. Search and Seizure Warrants and EU Dawn Raids,” Financier Worldwide magazine, July 2010
– Author, “The Case for Government Regulation of I-Gaming: A Counterpoint to Owen’s Advocacy of Self-Regulation,” Gaming Law Review and Economics, Volume 12, Issue 2, April 2008
– Author, “Plan Ahead Before Trouble Walks In: Preparing for Charges of Criminal Conduct,” ABA Business Law Section, July/August 2004

Lewis Roca Rothgerber Christie LLP is a recommended firm in the following areas:
Litigation – USA – Arizona
Antitrust – USA – Arizona
White Collar Criminal Litigation – USA – Arizona

 

Brooks Hilliard

Brooks Hilliard is an experienced consultant, computer industry executive and software developer.  In his international consulting practice, he has been engaged more than 200 times by clients seeking to select and implement new business computer systems (including hardware, software, networking, computer services, etc.) and/or needing  assistance in dealing with major information and communications technology decisions.

He has been engaged nationwide more than 100 times as a testifying and/or consulting expert in computer technology related cases by counsel on all sides of computer related disputes (including customers, vendors, implementers, patent holders, alleged patent infringers, former employers, current employers, etc.).  He has testified in Federal and state courts, including extensive courtroom and AAA arbitration hearing testimony throughout the United States and overseas. His areas of expertise include disputes related to:

– Systems and software non-performance, including computer systems and software defects (ERP, CRM, SCM, etc.), including systems implementation issues.
– Patent, trade secret and copyright (intellectual property) litigation related to business-oriented systems and software.
– Software licensing and systems contracting.
– Computer forensics (eDiscovery) and data tampering.
– Other information technology matters, including those relating to computer crime, regulation, governmental procurement, and tax issues.

Mr. Hilliard has worked as a computer and management consultant since the 1980s, and has executive level experience in software development, project management, and computer/software sales and marketing. A graduate of MIT and the Harvard Business School, Mr. Hilliard is one of fewer than 15 consultants in the world to have earned designation as both a Certified Management Consultant (CMC) and a Certified Computing Professional (CCP).

He is a member of the IEEE, the Forensic Expert Witness Association and the Independent Computer Consultants Association, and is a published author and a professional speaker.

Testifying Experience

Brooks Hilliard has testified more than 50 times in federal and state litigation, as well as AAA arbitrations and other alternative dispute resolution. He has completed more than 100 expert witness engagements in 30+ states. His expert witness engagements have included courtroom and deposition testimony in lawsuits, arbitrations, mediations and formal governmental hearings

Peer Recognition

Brooks Hilliard has been a featured speaker for the Compagnie Nationale des Experts Judiciaires en Gestion d’Entreprise in Paris, France, as well as (on multiple occasions) the Institute of Management Consultants – USA at its annual meetings in Reno, Nevada.

Marc R. Lieberman

A Board Certified Real Estate Specialist (State Bar of Arizona), Marc Lieberman handles much of the legal work attendant to the extensive and varied investments of many institutions. As Chair of Kutak Rock’s Institutional Investments Group, Mr. Lieberman and his team have negotiated and documented more than $5 billion in alternative investments for institutional investors, and his trial record is equally impressive: in January of 2017, he and his team obtained the largest defense trial verdict in the United States for the past year, defeating a $200 million claim and securing a $4.9 million defense award.

The transactions documented by Mr. Lieberman and his team have involved a wide variety of commercial real estate projects (office towers, hotels, golf courses, residential subdivisions, multi-family developments, retail centers, historic renovations, land banks, resorts), as well as private equity, hedge and commingled real estate transactions covering a wide variety of asset classes (credit opportunities, commodities, real assets, GTAA, infrastructure, venture capital, timber, tax or environmental credits, drug licensing, currencies or TIPS) and strategies (portable alpha, beta overlay, secondary acquisitions, co-investments, long/short and other  derivatives).

Mr. Lieberman has documented many other key contracts for institutional investors, including custody agreements, securities lending agreements, consultant and adviser agreements, brokerage agreements, and lender acknowledgments. He regularly issues enforceability opinions in connection with fund lender cash collateral agreements, and has drafted investment policies for several institutions, as well as their ethics and fiduciary standards.

As an “AV”-rated Super Lawyer® and Best Lawyers in America®, Mr. Lieberman serves as investment counsel to banks, insurers, public pension plans and sovereign wealth funds, including the Arkansas Teachers’ Retirement System, the Arizona Public Safety Personnel Retirement System, the Indiana Public Retirement System, the City of Los Angeles Fire and Police Pension Plan, the Illinois Pre-paid Tuition Trust Fund, Pinnacol Assurance and the Texas Municipal Retirement System.  He is a former Chair of the Arizona Appellate Practice Section, former Chair of the Editorial Board of Arizona Attorney Magazine, a former Judge Pro Tem for Division One of the Arizona Court of Appeals, and currently serves as a member of the Arizona Supreme Court Committee on Character and Fitness. Mr. Lieberman is a frequent lecturer and author on investment related topics, and is also a member of the SEC Working Committee of the National Association of Public Pension Attorneys.

Real Estate Law Practice:

Kutak Rock LLP’s team of more than 70 real estate attorneys across the country represent national, regional and local clients in all areas of the industry, including owners, developers, lenders, servicers, sponsors and investors. Our offices are uniquely positioned across the United States to provide a high level of expertise in all types of real estate and related transactions, including multi-faceted, multi-state transactions, at a more reasonable cost structure than many of our national competitors. In addition to our broad capabilities, we have distinct practice groups with expertise in lender representation, REIT representation, tax credit transactions, affordable housing, military housing, senior living, health care, medical campus developments, and loan workouts and restructuring.

With every real estate project involving multiple parties, including brokers, title companies, engineers, surveyors and architects, we believe one of our greatest strengths is leading the project team. We efficiently coordinate and organize project information and communicate the facts and options so our clients can quickly understand and use that information in their decision-making process. By understanding the intricate balance between the business and legal aspects of each real estate matter, our attorneys offer a common-sense, business-minded approach that allows us to facilitate a smooth transaction, always mindful of working efficiently, creatively and within budget.

We build trusted and long-lasting relationships with our clients by responding quickly to their requests and anticipating their needs, enabling us to adapt easily as these needs may grow or change. We provide these services with national teams of experts in the areas of tax, public finance, corporate finance, mergers and acquisitions, securities, environmental law, workouts and reorganization, bankruptcy, litigation and many other ancillary areas of the law. These diversified practice groups work together quickly and seamlessly to deliver creative and proactive solutions to our clients.

Kutak Rock LLP:

Kutak Rock LLP is a national law firm of more than 550 lawyers with 18 offices from coast to coast. The firm serves local, regional and national clients in a practice that spans a wide range of disciplines. We encourage our attorneys to take advantage of the national resources and broad range of expertise the firm offers in order to provide the best legal services possible to our clients.

Our firm’s primary practice concentrations are securities, business, finance and corporate law, as well as public finance, litigation and real estate law, with numerous areas of specialization. Kutak Rock attorneys work together in well-integrated, national practice groups to maintain and enhance their technical expertise and to reinforce and support one another in achieving client objectives.

We have represented hundreds of state and local governmental units, a substantial number of Fortune 500 corporations, every major investment banking firm in the United States, major European, Asian and domestic money-center banks, insurance companies, national real estate investors and developers, major national franchising enterprises and numerous other financial institutions and businesses.

Several members of Kutak Rock have served as government officials on the federal and state levels. The attorney ranks in our various offices include a former United States Attorney, a former United States Senator and former officials of the Internal Revenue Service, Federal Communications Commission and Department of Defense.

We have earned a national reputation for finding creative solutions to complex legal issues and for providing excellent legal services in a practical, cost-conscious manner. We maintain that reputation by actively communicating with our clients at the initial stages of each engagement to gain a complete and clear understanding of our clients’ desired objectives.

Kutak Rock LLP is rated “AV” by Martindale-Hubbell—the highest rating that independent organization confers on a law firm.

Lauren E. Davis

Lauren Davis is a member of Bryan Cave Leighton Paisner’s Commercial Disputes and Employment and Labor Practice Groups. She focuses her practice on general and complex commercial litigation across a variety of industries, as well as employment matters related to human resources, preventing and defending lawsuits and administrative actions, disciplinary issues, employee handbooks, harassment, discrimination, and employee rights issues.

Prior to joining BCLP, Ms. Davis practiced with another law firm in the areas of commercial litigation, regulatory law, and family law.

Ms. Davis obtained her J.D. from Harvard Law School, where she served as Managing Editor of the Journal on Legislation, an executive board member of the Women’s Law Association, and a student attorney for the Family Law Clinic.

Firm Overview:

Bryan Cave Leighton Paisner’s Phoenix office, established in 1987, serves the growing needs of our clients in the Southwestern United States, whether those needs are local, national or global.

The more than 30 attorneys in our Phoenix office are engaged in representations involving antitrust, class actions, business and commercial litigation, labor and employment, intellectual property, environmental, real estate, and bankruptcy and loan workout matters.

Our Phoenix attorneys also are involved with many civic and charitable organizations, including the American Bankruptcy Institute, Arizona Equal Justice Foundation, Arizona Mexico Commission, Arizona State University Foundation, Fresh Start Women’s Foundation, Greater Phoenix Economic Council, Greater Phoenix Leadership, Greater Phoenix Convention and Visitors Bureau, Maricopa County Bar Foundation, Maricopa Volunteer Center, National Asian Pacific American Bar Association, Phoenix Art Museum, Turnaround Management Association and Volunteer Lawyers Program.

As a result of this philanthropic commitment, lawyers in the Phoenix office have been honored with various awards over the past few years for their pro bono advocacy efforts for the Volunteer Lawyers Program of Maricopa County, including Adoption Attorney of the Year and Lawyer of the Month, and the Arizona Supreme Court’s Pro Bono Service Award. Several Phoenix office attorneys have been recognized as top pro bono attorneys in Arizona by the Arizona Foundation for Legal Services and Education.