Tag Archives: Fennemore Craig

iPhone Business Apps

‘Bring Your Own Device’ trend a growing concern

The rise in popularity of smart phones, tablets and laptops has blurred the increasingly thin line between professional and personal life, between work time and personal time. But it’s is also creating security concerns for business owners who let their employees use those tech toys for work.

“Employers need to address the question of how to react to the inevitable or current use of personal or shared devices by their employees,” said Cheri Vandergrift, a staff attorney for Mountain States Employers Council, a leader in human resource and employment law services for the business community. “From IT issues to privacy and litigation concerns, companies that ignore the rising ‘Bring Your Own Device’ tide may find that BYOD brought nothing but disaster.”

While an AccelOps Cloud Security Survey of IT security personnel ranked BYOD as the top source for fear of incurring data loss, there are also concerns regarding employee privacy should litigation ensue and the question of using personal devices goes into the courtroom. The use of personal devices in the workplace stirs questions within the IT, legal and human resources departments of companies.

“Data access and ownership are significant legal issues that surround the BYOD trend,” said John Balitis, director at Fennemore Craig. “Employees accessing employer systems with personal devices can create major network security risks and employer IT staff accessing the devices to support them can infringe on employee privacy. Further, how to define who owns what information on the devices is challenging.”

Laurent Badoux, a shareholder in Greenberg Traurig’s Phoenix office, said there are a number of legal issues that could arise from the BYOD trend. Among them:

* Breach of confidentiality — especially with medical or financial data.
* Commercial espionage or unfair competition.
* Fair Labor Standards Act (FLSA) claims of unreported or unpaid time.
* Dispute as to ownership of data stored on personal devices.
* Claims of harassment, defamation, invasion of privacy, etc. from improper social media posting of workplace conduct.
* Negligence torts if an exployee tries to answer a work text or email while driving and causes an accident.

“The most glaring risk (an employer takes) is that sensitive confidential corporate data becomes compromised, either because an outsider is able to access that data through an employee’s device or to copy data stored on that device,” Badoux said. “When their sensitive data becomes compromised, companies face damage to the bottom lines and public image.”

According to Travis Williams, senior counsel at the Frutkin Law Firm, if a company believes information is jeopardized, or upon termination of an employee’s employment, the employer may have the right to seize the device for a short time to ensure proper protection or removal of company’s sensitive information.

“Employees need to understand that business information on their device is the property of the employer,” Williams said. “The employer has the right to protect the information. The protection may allow the employer to seize or force ‘wipe’ the device to ensure proper removal of the information.”

While there is no doubt that the BYOD trend has given tech-savvy employees the opportunity to create a more flexible schedule and therefore increase their productivity, experts said it’s imperative that companies find a balance between protecting sensitive work data, while still providing employees flexibility and independence.

“Have a policy that specifically addresses what employees can and cannot do with PEDs (personal electronic devices) used for work-related purposes and enforce that policy,” said Tibor Nagy, Jr., a shareholder at the Tucson office of Ogletree, Deakins, Nash, Smoak & Stewart. “Be sure the policy addresses what happens to employer data when the employee leaves employment.”

Experts said companies who worry about issues related to the BYOD trend should look to impose tighter security constraints, develop technology guidelines and policies or employ mobile-device management tools, services and systems.

“An employer absolutely should implement a BYOD policy if the employer allows or encourages employees to use personal devices for work,” Balitis said.

Badoux said an effective BYOD program should include:

1. Mandatory Mobile Device Management software
2. Clarification of expectations on ownership of data, privacy and access to dual-use devices.
3. “Acceptable Use” procedures harmonized with the employee handbook or agreement).
4. A well-crafted social media policy.

“Do not allow highly sensitive employer, personnel, health information, or customer data to be stored on an employee’s PED, unless you are certain that device will be used and protected to the same degree as an employer-owned device,” Nagy said. “Only allow PEDs that are ‘enterprise; enabled. Enterprise requirements include encryption of storage media; the ability to remotely wipe or clean a device; the ability to enforce password changes and password complexity; the ability to apply upgrades and patches; and the ability to revoke rights to data or corporate network access.”

homeless

Key Muscheid Elected to the UMOM New Day Centers Board

Fennemore Craig, one of the largest law firms in the Southwest, announced that Kendis Key Muscheid, a director at Fennemore Craig in the firm’s Phoenix office, has been elected to the Board of Directors for UMOM New Day Centers.

Muscheid focuses her legal practice in the areas of nonprofit and tax-exempt organizations, charitable trusts, and state and local taxation. Muscheid represents a wide array of non-profit organizations, those exempt under Section 501(c)(3) and other sections, advising them on matters including organizational structure, qualification for tax exemption, maintaining tax exempt status, charitable solicitations and registrations, endowment building and management, governance issues, and unrelated business income taxes. Muscheid also represents organizations in audits and appeals before the IRS and state and local governmental agencies. She is rated AV® Preeminent ™ (the highest rating available) by Martindale-Hubbell and listed in both Best Lawyers in America®, Nonprofit/Charities Law, and Southwest Super Lawyers®, Nonprofit Law.

UMOM is the largest homeless shelter for families in the state of Arizona which provides safe shelter and supportive services for over 170 families each night. They also offer over 350 units of affordable housing across Metropolitan Phoenix.

legal

Tindall Joins Fennemore Craig's Phoenix Office

Fennemore Craig, one of the largest law firms in the Southwest, announced that Craig D. Tindall has joined the firm as Of Counsel. In his new role, Tindall will practice in the areas of municipal law, commercial transactions, public private partnerships, public financing, real estate development, and election law.

Prior to joining Fennemore Craig, Tindall served as the city attorney for Glendale, Arizona and was instrumental in its transformation into a destination for local and national cultural events. As the city’s chief legal officer, he directed the legal aspects of the city’s development of its sports and entertainment district, including construction of the University of Phoenix Stadium, Jobing.com Arena, and Camelback Ranch Spring Training Facility.

Tindall received his J.D. from Southern Methodist University and his B.S. from Arizona State University.

legal

Tindall Joins Fennemore Craig’s Phoenix Office

Fennemore Craig, one of the largest law firms in the Southwest, announced that Craig D. Tindall has joined the firm as Of Counsel. In his new role, Tindall will practice in the areas of municipal law, commercial transactions, public private partnerships, public financing, real estate development, and election law.

Prior to joining Fennemore Craig, Tindall served as the city attorney for Glendale, Arizona and was instrumental in its transformation into a destination for local and national cultural events. As the city’s chief legal officer, he directed the legal aspects of the city’s development of its sports and entertainment district, including construction of the University of Phoenix Stadium, Jobing.com Arena, and Camelback Ranch Spring Training Facility.

Tindall received his J.D. from Southern Methodist University and his B.S. from Arizona State University.

Lori Higuera

Higuera elected to Women’s Leadership Council

Lori A. Higuera, a partner at Fennemore Craig and co-chair of the firm’s Employment and Labor Relations practice, has been appointed to the Steering Committee of the Women’s Leadership Council for the Valley of the Sun United Way.

Higuera’s practice focuses on training managers, human resource professionals, and employees in all areas of employment law, including harassment prevention, lawful and effective investigations, effective hiring, performance management, the ADA and FMLA. She frequently conducts workplace investigations and advises clients on the implementation and maintenance of proactive employment practices. She is an employment law expert for CareerBuilder’s popular “Ask the Expert” column and often speaks on a variety of work-related topics before a wide range of professional organizations.

The Women’s Leadership Council’s mission is to build a powerful network of women who support the work of the Valley of the Sun United Way by giving, advocating, volunteering, and inspiring others to join and creating lasting change in the community.

Lori Higuera

Higuera elected to Women's Leadership Council

Lori A. Higuera, a partner at Fennemore Craig and co-chair of the firm’s Employment and Labor Relations practice, has been appointed to the Steering Committee of the Women’s Leadership Council for the Valley of the Sun United Way.

Higuera’s practice focuses on training managers, human resource professionals, and employees in all areas of employment law, including harassment prevention, lawful and effective investigations, effective hiring, performance management, the ADA and FMLA. She frequently conducts workplace investigations and advises clients on the implementation and maintenance of proactive employment practices. She is an employment law expert for CareerBuilder’s popular “Ask the Expert” column and often speaks on a variety of work-related topics before a wide range of professional organizations.

The Women’s Leadership Council’s mission is to build a powerful network of women who support the work of the Valley of the Sun United Way by giving, advocating, volunteering, and inspiring others to join and creating lasting change in the community.

Kathy Hancock - 50 Most Influential Women in AZ Business

Kathy Hancock – 50 Most Influential Women in Arizona Business

Kathy Hancock – Executive director, Fennemore Craig

Hancock manages Fennemore’s administration across its offices in Arizona, Colorado and Nevada. Her experience includes complex government relations and issues management projects for business and industry, including mines, energy companies, development companies and manufacturers.

Surprising fact: “I asked my husband and he said, ‘You’re a pretty straight shooter. I don’t think much would surprise people.’”

Biggest challenge: “The multi-year process that started about 10 years ago involving a diagnosis of lymphoma for my husband, who went through chemotherapy, relapsed and then underwent a successful bone marrow transplant. He has done well in the 7 years since … Ultimately, we hung in there together, took baby steps when anything more was too much to contemplate and kept on marching.”

Fifty Most Influential Women in Arizona Business – Every year in its July/August issue Arizona Business Magazine features 50 women who make an impact on Arizona business. To see the full list, read the digital issue >>

97995886

17 Fennemore Craig Attorneys Recognized for Excellence

Fennemore Craig, one of the largest law firms in the Southwest, announces 17 of its attorneys were named to the prominent Chambers USA 2013: America’s Leading Lawyers for Business for 2013.

“The firm’s reputation has been built on our attorney’s continued commitment to excellence,” states Tim Berg, managing partner of Fennemore Craig. “We are honored to be recognized by the prestigious Chambers USA, an esteemed legal resource.”

Chambers USA is an annual ranking of law firms and attorneys comprising multiple practice areas. Fennemore Craig was also was recognized in band one, the highest ranking possible, for both Environment (including water rights) and Real Estate practice areas.

Fennemore Craig attorneys recognized by Chambers USA include:

Robert Anderson, Environment: Water Rights, Arizona
Lauren James Caster, Environment (including water rights), Arizona
Phillip F. Fargotstein, Environment (including water rights), Arizona
Andrew M. Federhar, Litigation: General Commercial, Arizona
Maggie Gallogly, Environment: Water Rights, Arizona
Donald R. Gilbert, Labor & Employment, Arizona
Gregg Hanks, Real Estate, Arizona
Norman D. James, Environment (including water rights), Arizona
Charles M. King, Real Estate, Arizona
Jay S. Kramer, Real Estate, Arizona
Erwin D. Kratz, Labor & Employment, Arizona
Douglas C. Northup, Litigation: General Commercial, Arizona
Michael Phalen, Real Estate: Zoning/Land Use, Arizona
Robert P. Robinson, Real Estate, Arizona
Ronald J. Stolkin, Labor & Employment, Arizona
Sarah A. Strunk, Corporate/M&A, Arizona
Susan M. Wissink, Corporate/M&A, Arizona

avnet express - donate car for chances for children

Wissink Elected to Childplay’s Board of Trustees

Susan Wissink, a shareholder at Fennemore Craig in Phoenix, has been elected to Childsplay’s Board of Trustees.

Wissink chairs the firm’s business and finance practice group and provides legal counsel in the areas of mergers and acquisitions, securities, general corporate law and commercial real estate leasing. She received her J.D. from Arizona State University and her B.A. in English from Northwestern University.

Founded in 1977, Childsplay is a nationally and internationally respected professional theatre company whose chosen audience is children. Over the past 36 years, Childsplay had educated and inspired more than four million young people and families.

Whitney Murray

Fennemore Craig Hires Legal Marketing Professional

Fennemore Craig, a full-service law firm based in Phoenix, is expanding its marketing team hiring Whitney Murray. As Marketing Manager, Murray will oversee the firm’s advertising and public relations efforts for Fennemore Craig’s offices in Phoenix, Tucson, Denver, Las Vegas, Reno and Nogales.

Relocating from Boston, Murray led marketing and new business efforts for Prince Lobel Tye LLP law firm. Murray’s areas of expertise, include marketing, business development, public relations, event management and corporate communications. Murray holds a Master of Science in Communications Management from Simmons College.

minorities

Language issues become workplace legal issues

Two Whole Foods grocery store employees in Albuquerque were recently suspended after getting in a dispute with their manager over speaking Spanish in the workplace.

That incident raises an employment law question that leaves many Arizona employers scratching their heads: Can employers require their employees to only speak English in the workplace?

The answer to that question, like the gray area that surrounds many legal questions, is “it depends.”

“While there is no specific law that requires a specific language in the workplace, Title VII of the Civil Rights Act and the Arizona Civil Rights Act prohibit discrimination based upon national origin and language is closely tied to national origin,” said Stephanie Quincy, a partner with Steptoe & Johnson LLP in Phoenix. “The Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces Title VII and the Arizona Civil Rights Division of the Arizona Attorney General’s Office enforces the Arizona Civil Rights Act.  Both agencies are very concerned that employers will enact language requirements not because of business necessity, but as a way of excluding certain nationalities from the workplace. The Phoenix office of the EEOC sued a restaurant located on the Navajo Nation for enacting an English-only policy, resulting in years of protracted litigation for the employer.”

That restaurant is not alone. The EEOC recently released figures on what kinds of employment discrimination cases are being brought to the agency and complaints of discrimination based on national origin, including those involving perceived problems with language ability or accent, have increased  77 percent since 1997. The EEOC has suggested that it might be the increasing diversity of the American workforce, but civil rights advocates think it’s more likely due to a climate of fear, particularly in states like Arizona that have been enacting laws hostile to immigrants, both legal and undocumented.

“Generally speaking, English-only rules are not in and of themselves unlawful,” said John Balitis, a director at Fennemore Craig who practices in the labor and employment area. “They are permissible when needed to promote the safe and efficient operation of the employer’s business.”

According to Joseph T. Clees, shareholder, and Alexandra J. Gill, associate, of Ogletree, Deakins, Nash, Smoak & Stewart, there are some circumstances where an English-only rule may be necessary to further a safety, efficiency or other legitimate business concern. The EEOC has provided examples of such circumstances including, communication with customers, employees or supervisors who only speak English; emergency situations; cooperative work assignments where the English-only rule is necessary for efficiency purposes; and to assist supervisors with monitoring of performance.

“This is an extremely high standard and very difficult to meet,” Quincy said. “Furthermore, some of these categories would only permit an English-only rule where the business necessity is present and would not support a rule completely prohibiting non-English languages completely.”
This is where that gray area comes into play when it comes to language in the workplace, experts said.

“If the employer cannot demonstrate that (speaking English) is a ‘business necessity,’ it cannot justify such a rule and could be subject to legal action by any employee who is affected by the policy,” Quincy said. “A policy does not have to be a formal written policy. A rogue supervisor can create a policy by simply telling employees speaking Spanish to quit doing so. Such a policy can almost never be supported when enforced on employee breaks or when employees are having non-work related discussions.”

Because the EEOC has taken the position that English-only policies can violate Title VII, Clees and Gill said employers adopting these policies can face a range of penalties under Title VII if the policy is found to be discriminatory.

“An individual alleging a violation of Title VII may seek to recover damages including back pay, front pay, compensatory damages, punitive damages, and attorneys’ fees,” they said. “Individuals may also request injunctive relief.”

Because of the potential backplash, Clees said employers should carefully analyze their reasoning for instituting an English-only policy prior to doing so.

“Employers should consider whether the policy has important safety justifications and/or business justifications, and whether instituting the policy would be effective in advancing the desired business purpose,” he said. “Employers should also consider whether there are any alternatives to an English-only policy that would accomplish the same goals. If an employer decides to an English-only policy is necessary, it should ensure that employees are clearly informed of the policy, including when and where it applies.”

While there is no precise test for weighing or evaluating the business reasons for a language policy in the workplace, Quincy said the EEOC suggests considering:
· Evidence of safety justifications for the rule.
· Evidence of other business justifications for the rule, such as supervision or effective communication with customers.
· Likely effectiveness of the rule in carrying out obectives.
· English proficiency of workers affected by the rule.

“Employers should only (implemented policies that either completely or partially prohibit the use of any language other than English) if they can articulate a business necessity for such policies,” said Charitie L. Hartsig, an associate at Ryley Carlock & Applewhite. “They should also clearly inform employees of the circumstances under which they will be required to speak only English and the consequences of violating the policy. Limited English-only policies have been allowed under Title VII where the policies are in place to ensure clear communications regarding the performance of dangerous and safety-sensitive tasks. The EEOC presumes that an employer that completely prohibits employees from speaking their native language disadvantages the employee’s employment opportunities on the basis of national origin under Title VII. However, the Ninth Circuit rejected the EEOC’s per se rule. Nevertheless, Arizona employers should be cautious about implementing English-only policies and do so only when there is a business necessity for doing so.”

Despite an employer’s best business intentions, experts said instituting a language policy in the workplace is most likely a powderkeg ready to explode.
“The EEOC presumes that English-only rules applied at all times are discriminatory,” Balitis said. “Because the EEOC looks with disfavor on English-only rules, an employer may be forced to litigate even the most carefully crafted rule.”

gavel

Az Business Top Lawyers list: Healthcare

Az Business magazine’s 2013 top lawyer list was created after the editorial department asked Arizona law firms to nominate their two best attorneys from 16 different categories for consideration. Those nominees were put on a ballot and were voted on by their peers in the legal community and the readers of Az Business magazine to determine the exclusive 2013 Az Business Magazine Top Lawyers list.

Susan D. Brienza
Ryley Carlock & Applewhite, P.C.
602-440-4885
rcalaw.com
Brienza is especially involved in issues concerning herbal products for women, and in biotechnology and nanotechnology issues.

Robin Burgess
Sanders & Parks, P.C.
602-532-5783
sandersandparks.com
Burgess represents physicians, therapists and other professionals in malpractice matters, as well as before their respective licensing boards.

Frederick M. Cummings
Jennings Strouss
602-262-5903
jsslaw.com
Cummings has extensive trial experience in the areas of health care, medical malpractice and medical products liability defense litigation.

William W. Drury
Renaud Cook Drury Mesaros, PA
602 307-9900
rcdmlaw.com
Drury has a strong track record of success in defending medical malpractice and negligence claims, regulatory claims and administrative claims.

Melody Emmert
Quarles & Brady LLP
602-229-5315
quarles.com
Emmert represents health care providers, including hospitals, physicians, behavioral health providers, nursing homes, assisted living facilities, nurses, and other licensed individuals and entities. Her focus is litigation on behalf of health care providers.

Scott M. Finical
Fennemore Craig, P.C.
602-916-5300
fclaw.com
Finical practices primarily in the area of litigation with significant experience in healthcare and hospital law, risk management, employee health and safety law, insurance law, personal injury actions and workers’ compensation.

Steven M. Goldstein
Sacks Tierney P.A.
480-425-2613
sackstierney.com
Goldstein has been listed in the The Best Lawyers in America for healthcare law from 2008-2013 and has expertise in healthcare law, real estate law, and business and corporate law.

Adam Lerner
Ryley Carlock & Applewhite
602-440-4889
rcalaw.com

Roger N. Morris
Quarles & Brady LLP
602-229-5200
quarles.com
Morris is chairman of Quarles & Brady’s Health & Life Sciences Industry Group.

Edward Novak
Polsinelli
602-650-2020
polsinelli.com
Novak practices in the area of white collar crime/special matters. He has extensive jury, non-jury and appellate experience in criminal defense matters, complex civil litigation and government agency investigations in several areas including healthcare.

Winn Sammons
Sanders & Parks, P.C.
602-532-5786
sandersandparks.com
Sammons focuses his practice in the areas of professional malpractice defense law, general civil trial law, medical device litigation, transportation, trucking, and motor vehicle law and products liability law.

Patrick T. Stanley
Comitz | Beethe
480-219-5481
disabilitycounsel.net
Stanley is particularly experienced in litigating first-party insurance bad faith, including disability insurance and professional liability coverage, and healthcare litigation.

legal

Top Lawyers list: Government relations

Az Business magazine’s 2013 top lawyer list was created after the editorial department asked Arizona law firms to nominate their two best attorneys from 16 different categories for consideration. Those nominees were put on a ballot and were voted on by their peers in the legal community and the readers of Az Business magazine to determine the exclusive 2013 Az Business Magazine Top Lawyers list.

Clare Abel
Burch & Cracchiolo, P.A.
602-234-9920
bcattorneys.com
Abel concentrates her practice primarily in the areas of real estate, zoning and condemnation Law. She is listed in Southwest Super Lawyers, Best Lawyers in America and Arizona’s Finest Lawyers.

S. David Childers
Kutak Rock LLP
480-429-4880
kutakrock.com
Childers served on the U.S. Secretary of Health & Human Services’ Task Force on Long-Term Health Care Policies, and the Governor’s Private Sector Task Force on Long Term Care and the University of Arizona College of Business & Public Administration National Board of Advisors.

Robert D. Dalager
Gallagher & Kennedy, P.A.
602-530-8540
gknet.com
Dalager practices governmental affairs and land use law.  Prior to joining Gallagher & Kennedy, Dalager was with the Arizona State Senate for nearly 10 years.

Gregory Y. Harris
Lewis and Roca LLP
602-262-0218
lrlaw.com
Harris has extensive experience appearing before state and federal agencies and in state and federal court, and appears regularly before the Arizona Legislature.

Yvonne R. Hunter
Fennemore Craig, P.C.
602-916-5386
fclaw.com
Hunter’s practice focuses primarily on government affairs. Hunter formerly served as an Assistant Arizona Attorney General in the Arizona Attorney General’s Office.

Joseph A. Kanefield
Ballard Spahr LLP
602-798-5468
ballardspahr.com
Kanefield’s practice is focused on government relations, civil and appellate litigation, public-private partnerships, administrative law, state and local tax matters, gaming, and election and campaign-finance law.

Timothy A. La Sota
Tiffany & Bosco, P.A.
602-452-2712
tblaw.com
La Sota practices in the areas of government relations, regulatory and administrative law, election law, land use and procurement.

Paige A. Martin
Kutak Rock LLP
480-429-4827
kutakrock.com
Martin, an AV Preeminent Peer Review Rated partner in the firm’s Scottsdale office, and primarily represents governmental entities and private employers.

Mary R. O’Grady
Osborn Maledon, P.A.
602-640-9352
omlaw.com
As a former solicitor general for the State of Arizona, O’Grady has a unique breadth of experience with public law issues. Her areas of expertise include election and campaign finance law and state constitutional law.

Jordan Rose
Rose Law Group
480-505-3939
roselawgroup.com
Rose practices in the areas of government relations, municipal issues, land use, zoning, administrative law, renewable energy, and lobbying.

John B. Shadegg
Steptoe & Johnson LLP
602-257-5204
steptoe.com
Shadegg, former U.S. Congressman, was elected to the U.S. House of Representatives in1994 and served eight terms before retiring from Congress in 2010.  He practices in Steptoe’s Government Affairs and Public Policy group.

David K. Udall
Udall Shumway PLC
480-969-3043
udallshumway.com
Udall has successfully represented a variety of clients with zoning and development issues before the City of Mesa, Maricopa County, Town of Gilbert, City of Chandler, and Casa Grande.

Michelle De Blasi

2013 Top Lawyers list: Environmental law

Az Business magazine’s 2013 top lawyer list was created after the editorial department asked Arizona law firms to nominate their two best attorneys from 16 different categories for consideration. Those nominees were put on a ballot and were voted on by their peers in the legal community and the readers of Az Business magazine to determine the exclusive 2013 Az Business Magazine Top Lawyers list.

Robert D. Anderson
Fennemore Craig, P.C.
602-916-5455
www.fclaw.com
Anderson practices in the areas of environmental, natural resources and water law and chairs the firm’s natural resources and environmental practice.

Michelle De Blasi
Greenberg Traurig LLP
602-445-8485
www.gtlaw.com
De Blasi advises clients on energy and environmental sustainability, including traditional and renewable energy, climate change, and greenhouse gas emissions.

Carla Consoli
Lewis and Roca LLP
602-262-5347
www.lrlaw.com
The industries which regularly call on Consoli include mines, alternative energy developers, large-scale residential and commercial developers, manufacturers, and investors in these industries.

Peter W. Culp
Squire Sanders
602-528-4063
www.squiresanders.com
Culp practices in the areas of environmental, water and natural resources. Culp was recognized by Chambers USA 2012 as a leading individual for environmental matters, including water rights.

J. Stanton Curry
Gallagher & Kennedy, P.A.
602-530-8222
www.gknet.com
Curry practices environmental law with an emphasis on air quality, Superfund and environmental auditing matters.

Joseph Drazek
Quarles & Brady LLP
602-229-5335
www.quarles.com
Drazek’s practice focuses on regulatory and litigation matters within the Firm’s Environmental Group and spans a variety of industries including mining companies, high technology companies, fenvironmental testing laboratories, and water companies.

Mark Freeze
Steptoe & Johnson LLP
602-257-5215
www.steptoe.com
Freeze is of counsel in Steptoe’s Phoenix office, and has more than 23 years of experience. He practices in the areas of labor and employment law and environmental law.

Karen Gaylor
Jennings, Haug & Cunningham, LLP
602-234-7808
www.jhc-law.com
Gaylord’s practice focuses on environmental and natural resource matters. She has counseled businesses, municipalities, water providers, insurers, and individuals for more than 25 years.

David P. Kimball, III
Gallagher & Kennedy, P.A.
602-530-8130
www.gknet.com
Kimball is head of the firm’s environmental and natural resources department and is recognized nationally as an expert in all areas of federal, state and local environmental and natural resources law.

Mitchell Klein
Polsinelli
602-650-2303
www.polsinelli.com
Klein has extensive experience working with many state and federal agencies in all areas of natural resource and environmental law.

Lucas Narducci
Polsinelli
602-650-2301
polsinelli.com
Narducci’s practice is focused on various aspects of mining, environmental, natural resources, energy, safety and health law, as well as regulatory counseling and permitting, workplace exposure issues, and workplace safety.

Sheryl Sweeney
Ryley Carlock & Applewhite
rcalaw.com
Sweeney practices in the areas of water law, environmental law, electric utility law and special taxing districts. She is chair of the Water, Energy, Resources and Environment practice group at Ryley Carlock.

Amy L. Lieberman, Insight Employment Mediation

2013 Az Business Mediation Guide

Az Business magazine’s 2013 Mediation guide was created after consultation with experts in the alternative dispute resolution field.

Amy Abdo
Fennemore Craig
602-916-5399
www.fclaw.com
Abdo has extensive experience in arbitration, mediation, investigations, administrative proceedings and litigation, including bench and jury trials.

Kevin T. Ahern
Broening Oberg Woods & Wilson, P.C.
602-271-7781
www.bowwlaw.com
Ahern’s practice is confined to mediations, neutral case evaluations, arbitrations, special master appointments and consultation in his areas of practice experience — real estate, commercial enterprises, title insurers, escrow agencies, insurance agencies, lenders, and property managers.

Shawn K. Aiken
Aiken Schenk Hawkins & Ricciardi
602-248-8203
www.ashrlaw.com
Aiken devotes a substantial portion of his practice to mediation and arbitration, and was selected by Best Lawyers in America as Lawyer of the Year, 2012 (Mediation, Phoenix).

Rebecca Albrecht
Bowman and Brooke LLP
602-643-2459
www.bowmanandbrooke.com
A former Superior Court judge, Albrecht incorporates her vast experience and skills to her practice, which includes arbitration and mediation. Albrecht is an American Arbitration Association (AAA) certified arbitrator.

Gerald W. Alston
Jennings Strouss
602-262-5911
www.jsslaw.com
Alston serves as both an arbitrator and a mediator in all areas of civil litigation, including domestic relations, eminent domain, and matters involving real estate and contract disputes. Cummins has extensive trial experience in the areas of health care and is an experienced arbitrator and mediator.

Christian C.M. Beams
Ryley Carlock & Applewhite
602-440-4818
www.rcalaw.com
Beams is an accomplished neutral who has resolved countless disputes through the mediation and arbitration processes. He is diligent in his efforts to bring matters to resolution, as evidenced by his high success rate in doing so.

Maureen Beyers
Osborn Maledon
602-640-9305
www.omlaw.com
Nationally recognized as a top arbitrator, Beyers has served as a neutral in hundreds of arbitrations on a variety of business disputes, and is a member of many of the American Arbitration Association’s specialized panels.

Gary L. Birnbaum,
Richard A. Frielander, and Michael S. Rubin
Mariscal, Weeks, McIntyre & Friedlander
602-285-5000
www.mwmf.com
Five of the firm’s senior lawyers are actively and continuously involved in alternative dispute resolution, including acting as arbitrators, mediators and neutral case evaluators in Arizona and throughout the Southwest.

Denise M. Blommel
Denise M. Blommel PLLC
480-425-7272
www.azlaborlaw.com
Blommel has more than 28 years of experience as an employment and labor law attorney, 15 years as a practicing mediator, including seven years serving as a contract mediator for the U.S. Postal Service.

Brice Buehler
Brice E. Buehler, P.C.
602-234-1212
www.bricebuehler.com
Since 1987, Buehler has mediated or arbitrated more than 2,500 disputes, including corporate, commercial, partnership, professional malpractice, and construction.

John R. Dacey,
Michael R. King,
Richard K. Mahrle
Gammage and Burnham
602-256-0566
www.gblaw.com
As part of Gammage and Burnham’s practice, several attorneys are available to serve as mediators or arbitrators in employment, construction, general, commercial and other litigation matters.

David J. Damron
David J. Damron, LLC
602-476-1836
www.damronadr.com
Damron specializes in alternative dispute resolution including mediation, settlement conferences and arbitration. Damron has mediated many hundreds of matters in his practice through the years and his participation as a Judge Pro Tem.

Paul F. Eckstein
Perkins Coie
602-351-8222
www.perkinscoie.com
Eckstein’s practice is focused on civil litigation and he also frequently serves as a mediator and arbitrator.

Michele M. Feeney
Michele M. Feeney L.L.C.
602-682-7513
www.mmflaw.com
Devoting her practice to mediation, arbitration and alternative dispute resolution, Feeney has litigated cases in the areas of medical malpractice, wrongful death, personal injury and other tort litigation.

Lawrence H. Fleischman
The Fleischman Law Firm
520-326-6400
www.fladr.com
Fleischman created the first Center for Dispute Resolution in the Arizona Superior Court system, saving litigants and taxpayers millions of dollars each year. To date, he has mediated more than 6000 cases for clients.

Sherman D. Fogel
Sherman D. Fogel, P.A.
602-264-3330
www.shermanfogel.com
Fogel is a full-service conflict management and dispute resolution professional, providing mediation, arbitration and facilitation services.

Richard N. Goldsmith
Lewis and Roca
602-262-5341
www.lrlaw.com
Goldsmith mediates commercial disputes and has extensive experience handling matters related to Articles 2 and 9 of the Uniform Commercial Code, commercial and real estate lending and leasing, and loan documentation.

Brian Michael Goodwin
Polsinelli
602-650-2001
www.polsinelli.com
Goodwin is a professionally trained mediator and has served as a judge pro tempore with the Maricopa County Superior Court from 1982 to 2005. He currently conducts private mediations and arbitrations.

Alona Gottfried,
Jared Simmons
Simmons & Gottfried, PLLC
480-998-1500
www.sglawaz.com
Simmons & Gottfried’s attorneys are specially trained to handle mediations and settlement conferences as a way to resolve issues in a cost-effective manner. Specialties include family matters, commercial and business issues, employment disputes, and real estate matters.

J. Alex Grimsley
Bryan Cave LLP
602-364-7117
www.bryancave.com
Grimsley has represented a variety of domestic and foreign companies in international arbitrations and before various federal regulatory agencies.

Rebecca A. Winterscheidt
Snell & Willmer
602-382-6343
www.swlaw.com
Through early intervention mediation, Winterscheidt assists parties in reaching a mutual resolution of their dispute without the need for costly litigation.

William Haug,
Chad Schexnayden
Jennings, Haug & Cunningham, LLP
602-234-7800
www.jhc-law.com
Attorneys who practice Alternative Dispute Resolution (ADR) at JHC represent businesses, government agencies and individuals involved in business disputes.

Marc Kalish
602-956-3608
www.arizonamediator.com
Since receiving formal mediation training in 1995, Kalish has devoted his law practice almost exclusively to providing alternative dispute resolution services as both an arbitrator and mediator.

Amy L. Lieberman
Insight Employment Mediation
480-246-3366
www.insightemployment.com
Lieberman’s practice is focused on the prevention and resolution of workplace and business conflict. She mediates primarily employment and commercial matters.

Merton E. Marks
Merton E. Marks, PC
480-544-4324
www.mertonemarks.com
Marks is a nationally known arbitrator and mediator of commercial disputes involving insurance, reinsurance, securities and product liability.

Bruce E. Meyerson
Bruce Meyerson PLLC
602-277-4585
www.brucemeyerson.com
Meyerson regularly serves as a mediator in virtually all aspects of commercial, employment, construction, real estate and business litigation.

Robert J. Milligan
Milligan Lawless, P.C.
602-792-3500
www.milliganlawless.com
Milligan specializes in health care law and mediation of litigated cases and pre-litigation disputes.

Leah Pallin-Hill
Mediation and Arbitration Services, PLLC
602-387-5323
www.leahpallinhill.com
Pallin-Hill offers ADR for general civil matters, including commercial disputes, construction, condemnation, employment, family, malpractice, elder abuse/nursing homes, personal injury, probate, and real estate.

Susan M. Robbins
Mushkatel, Robbins & Becker, PLLC
623-889-0691
www.phoenixlawteam.com
Robbins is a member of the State Bar Alternative Dispute Resolution Section and is also a member of the Association for Conflict Resolution. She is active in the area of mediation and disputes and contested matter in elder law.

David L. Rose,
Sharon B. Shively,
David C. Tierney
Sacks Tierney
480-425-2600
www.sackstierney.com
In addition to serving on some of the AAA’s most sought-after arbitration panels, Sacks Tierney attorneys regularly appear as advocates in arbitrations (or mediations) under AAA rules, or in State Court arbitrations convened under an arbitration agreement.

Ira M. Schwartz
DeConcini McDonald Yetwin & Lacy, P.C.
602-282-0500
www.deconcinimcdonald.com
Schwartz actively serves as a mediator and arbitrator of intellectual property disputes.

Stephen H. Scott,
Christopher M. Skelly
Scott & Skelly, L.L.C.
602-277-8228
www.scottandskelly.com
Scott is a former judge on the Arizona Superior Court who now serves full-time as a mediator, arbitrator, appraisal umpire and discovery master. Skelly has conducted thousands of mediations in virtually every kind of civil case.

Brian E. Smith
Brian Smith Mediation & Arbitration
480-507-8895
www.bsmed-arb.com
Smith has established himself as a proven mediator, impartially assisting and guiding parties to effectively facilitate their self-determined mutual decision making which is the cornerstone of the mediation process.

Thomas L. Toone
Beer & Toone, P.C.
602-263-0900
www.beer-toone.com
Toone has served as settlement judge, arbitrator or mediator in more than 2,300 cases in Maricopa County.

Douglas G. Zimmerman
Davis Miles McGuire Gardner, PLLC
480-733-6800
www.davismiles.com
Zimmerman is a certified mediator by The Institute for Conflict Management, LLC and completed the Advanced Negotiation Skills Program at the Harvard Law School Negotiation Insight Initiative.

Mark D. Zukowski
Jones, Skelton and Hochuli, P.L.C.
602-263-1759
www.jshfirm.com
Zukowski is a construction and commercial arbitrator and mediator for the AAA. He also serves as a private arbitrator and mediator and as a settlement conference Judge Pro Tem for the Maricopa County Superior Court.

hispanic

The 25 Most Influential Hispanic Business Leaders

Benito Almanza
Arizona president
Bank of America
Born into a family of migrant workers, Almanza is now responsible for all lines of business efforts, community and civic activities in the state. The graduate of Stanford University and the University of Santa Clara has been with Bank of America for 30 years, working in California before moving to Arizona in 1992.
His hope for his professional legacy: “Hiring top talent and developing them to replace me someday.”
Surprising fact: “Growing up working with my family in the fields helped me better understand agribusiness banking.”

Marty Alvarez
CEO, principal in charge
Sun Eagle Corporation
Alvarez is founder of family-owned and operated Sun Eagle, one of the top minority-owned general contracting and construction management firms in the country. He has been a chair and officer for the Associated Minority Contractors of America since 1993.
His hope for his professional legacy: “That our well-constructed buildings improved the landscape, and our assistance to individuals and families improved lives.”
Surprising fact: “I have been involved with Shotokan Karate continuously for the past 39 years.”

Victor M. Aranda
Area president, Northern Arizona
Wells Fargo Arizona
Aranda manages six Wells Fargo Community Banking markets; Northeast Arizona, Central Arizona, White Mountains, North Phoenix, North Scottsdale and Scottsdale. He is responsible for 816 team members, 69 banking stores, and $4.1 billion in deposits. A 25-year financial services veteran, Aranda presently serves as a board member for Arizona Hispanic Chamber of Commerce and Valley Leadership Arizona.
His hope for his professional legacy: “My passion in life is to add value to those I come in contact with.  What I would like to be remembered for is how I spent my life serving, helping and developing the leaders of tomorrow.”
Surprising fact: “I was involved and directed a church Spanish choir and I have also sang in Las Vegas at the Bellagio Hotel.”

Tony Astorga
Retired CFO
Blue Cross Blue Shield of Arizona
Astorga recently retired from Blue Cross Blue Shield of Arizona where he served as the Senior Vice President, CFO & CBDO since 1988. He currently serves as chairman of the Arizona Hispanic Chamber of Commerce Foundation and is a member of the board of directors for the Arizona Community Foundation, AZHCC, ASU Foundation, CSA General Insurance Agency, Phoenix Art Museum, and US Bank Arizona.
His hope for his professional legacy: “I would like to be remembered in my profession as a CPA and CFO for being a good mentor and for helping develop my staff in their work ethic and level of growth.”
Surprising fact: “I have a sweet tooth for twinkies or that my favorite movie is ‘Planes, Trains and Automobiles’, I still laugh when I think about the movie”.

Miguel Bravo
Senior community development consultant
Arizona Public Service Company
Bravo is responsible for directing community development initiatives statewide to help serve diverse markets for APS. He also collaborates with economic development organizations to attract industry to Arizona. Bravo also serves the boards of Friendly House, Arizona Hispanic Chamber of Commerce, Latino Center at Morrison Institute, Boys Hope Girls Hope and Jobs for Arizona’s Graduates.
His hope for his professional legacy: “For conducting business with integrity, purpose, passion; and for having a conviction for public service.”
Surprising fact: “I became a US Citizen in 2007. Having grown up in Arizona, this was one of my proudest moments.”

José Cárdenas
Senior vice president and general counsel
Arizona State University
Before joining ASU in 2009, Cárdenas was chairman at Lewis & Roca, where he became the first Hispanic to serve as managing partner of a major law firm in Arizona. A Stanford Law School graduate, Cárdenas has served on many boards and commissions and has received various awards.
His hope for his professional legacy: “As a good lawyer who served his clients and community well with the utmost integrity.”
Surprising fact: Cárdenas was involved with death penalty cases for more than 30 years.

America Corrales-Bortin
Co-founder
America’s Taco Shop
Corrales-Bortin grew up Culiacán in Sinaloa, Mexico, watching her mother prepare the dishes that would become the recipes for success at America’s Taco Shop. Founded in 2008, America’s authentic carne asada and al pastor quickly built a following that has led to rapid expansion and a partnership Kahala, a franchise development company. So far in 2013, America’s has already moved into California, Texas and Maryland.
Her hope for her professional legacy: “As someone who has a passion for the food we serve at America’s Taco Shop.”
Surprising fact: “People would be surprised that I am named after a famous soccer team in Mexico.”

Gonzalo de la Melena Jr.
President and CEO
Arizona Hispanic Chamber of Commerce
In addition to leading the Hispanic Chamber, de la Melena Jr. operates the Phoenix Minority Business Development Agency (MBDA), the state’s leading advocate representing more than 100,000 minority business enterprises. De la Melena is also the Founder of edmVentures, LLC a small business investment company with holdings in Phoenix airport concessions at Sky Harbor International.
His hope for his professional legacy: “Helping small businesses succeed.”
Surprising fact: “I had the opportunity to do business in more than 30 countries before the age of 30.”

Robert Espiritu
Acquisition marketing
American Express
Espiritu’s diversified professional experience includes working for small business enterprises as well as corporate 100 businesses in the areas of sales, marketing and financial management. He has also been actively involved with various nonprofit organizations; most recently as the former chairman of the board for the Arizona Hispanic Chamber of Commerce.
His hope for his professional legacy: “Innovative and focused leader who delivers with energy and is known for building successful relationships and high performing teams.”
Surprising fact: “As a first generation American, I am passionate about helping aspiring and under-privileged youth achieve their dreams and advocating for Hispanic career advancement, education and scholarships.”

Dr. Maria Harper-Marinick
Executive vice chancellor and provost
Maricopa Community Colleges
Harper-Marinick oversees all areas of academic and student affairs, workforce development, and strategic planning. She serves on several national and local boards including ABEC and AMEPAC, which she chairs.  Originally from the Dominican Republic, Harper-Marinick came to ASU as a Fulbright Scholar.
Her hope for her professional legacy: “Passion for, and unwavering commitment to, public education as the foundation of a democratic society.”
Surprising fact: “The joy I get from driving fast cars.”

Julio Herrera
National Spanish Sales and Retention Director
Cox Communications
Herrera and his team work across markets and cross-functional departments to drive Spanish language sales and grow Cox’s Hispanic markets nationally. He also helped establish LIDER, a leadership program tailored for Hispanic team members looking for advancement opportunities in Phoenix and Southern Arizona.
His hope for his professional legacy: “Growing and improving the Hispanic customer experience and making a difference our communities.”
Surprising fact: “Spanish was my first language and I started my career in sales leadership at 18 ears old.”

Lori Higuera
Director
Fennemore Craig
Higuera defends, provides counsel and trains employers of all sizes. She’s a Southwest Super Lawyer, an employment law expert for the Arizona Republic/Arizona Business Gazette and is a recent recipient of the High-Level Business Spanish Diploma from the Madrid Chamber of Commerce.
Her hope for her professional legacy: “A skilled lawyer who elevated the practice by integrating the diverse perspectives of our community.”
Surprising fact: “I was fired from my first job as a Santa’s helper for being too social!”

Ana María López, MD, MPH, FACP
Associate dean, outreach and multicultural affairs
Professor of medicine (Tenured) and pathology, College of Medicine
Medical director, Arizona Telemedicine Program
University of Arizona
López has a passion for addressing health inequities and human suffering. From clinical research with molecular targets to health services research, her work focuses on optimizing the health of individuals and communities.
Her hope for her professional legacy: “Life is an opportunity to contribute. I hope to contribute, to make a difference.”
Surprising fact: “I love simple pleasures. Witnessing the daily miracle of the sun rising sustains me.”

Paul Luna
President and CEO
Helios Education Foundation
Luna leads Helios Education Foundation, a philanthropic organization dedicated to creating opportunities for individuals in Arizona and Florida to succeed in postsecondary education. He is the former president of Valley of the Sun United Way and has held positions with Pepsi, IBM and the Office of Governor Bruce Babbitt.
His hope for his professional legacy: “That I cared about our community and helped make it better.”
Surprising fact: “I’m seriously considering getting matching tattoos with my kids in the near future.”

Steve Macias
President and CEO
Pivot Manufacturing
Macias is a co-owner of Pivot Manufacturing, a Phoenix machine shop, chairs the Arizona Manufacturers Council, and is on the boards of the Arizona Commerce Authority and the Arizona Hispanic Chamber. He is an active proponent of manufacturing in Arizona and a proud father of three boys.
His hope for his professional legacy: “Contributed in some small way to the sustainment of manufacturing in Arizona.”
Surprising fact: “In high school, I was the school mascot – a Bronco.”

Mario Martinez II
CEO
360 Vantage
Martinez is responsible for the overall vision, strategy and execution of 360 Vantage, a leader in cloud-based sales and marketing technology solutions designed to solve the unique challenges of the mobile workforce in life sciences, healthcare and other industries.
His hope for his professional legacy: “I would most like to be remembered for truly changing the lives of our clients, employees and our community in great and meaningful ways.”
Surprising fact: “I hosted a radio show during my college years.”

Clarence McCallister
CEO
Fortis Networks, Inc.
McAllister was born in Panama and earned his master’s in electrical engineering from ASU. In 2000, he and his wife started Fortis Networks, Inc., a certified 8a and HUBzone government contractor specializing in engineering, construction and technology services.
His hope for his professional legacy: “Building a world-class organization that always exceeds our customers’ expectations.”
Surprising fact: “I did an emergency landing on a City of Mesa street.”

Rodolfo Parga, Jr.
Managing shareholder
Ryley Carlock & Applewhite
In addition to managing a law firm with 120 attorneys, Parga has been to Best Lawyers in America for the last four years. He also serves as Chairman of the Board of Chicanos Por la Causa, a leading non-profit helping advance and create economic and educational opportunities.
His hope for his professional legacy: “I want to be remembered as always trying to do the right thing and having led with integrity.”
Surprising fact: “I was bullied until age 11, which drove me not only to strengthen my body, but my resolve.”

Hector Peñuñuri
Senior planning analyst
SRP
Peñuñuri is an Arizona native and has spent most of the past 15 years in the Customer Services Division at SRP.  He has served on several boards including the Arizona Hispanic Chamber of Commerce and LISC.  He was raised in the West Valley, and currently resides in Gilbert.
His hope for his professional legacy: “A trusted and valuable team member/leader; a communicator who understands the importance of sharing knowledge to help others.”
Surprising fact: “I’m a jack of all trades – woodworker, photographer, musician, outdoorsman and a decent cook when I put my mind to it.”

Dan Puente
Owner
D.P. Electric
Puente founded D.P. Electric in 1990 out of his garage with one truck. D.P. Electric now has more than 200 employees and generated more than $30 million in revenue in 2012, making it the biggest Hispanic-owned company in Arizona.
His hope for his professional legacy: “A guy that is fair, honest, hard-working and gives back both personally and professionally.”
Surprising fact: “Professionally, that I do not have a college degree and personally, that I am a Bikram Yoga junkie.”

Marie Torres
Founder
MRM Construction Services
Torres is an Arizona native and built her business in the community that she grew up in. With more than 30 years experience in the construction field, she started MRM in 2002 and currently has more than 50 employees. The focus of her company has been in government contracting and has self performed airfield work at Luke AFB, MCAS Yuma and Davis Monthan.
Her hope for her professional legacy: “As being technically competent.”
Surprising fact: “I don’t like to drive and I am happy as a passenger – even in my own car.”

Lisa Urias
President and CEO
Urias Communications
After 15 years in international marketing and communications, Urias founded Urias Communications to address the need for advertising and PR with a uniquely multicultural focus. Now an award-winning advertising, and PR agency, Urias Communications specializes in the multicultural markets of the U.S. Southwest, with concentration on the burgeoning Hispanic market.
Her hope for her professional legacy: “Bridging the divide between corporations and the growing Hispanic community for mutual benefit and respect.”
Surprising fact: “I am a fourth-generation Arizonan whose grandfather was the first Hispanic city councilman.”

Dawn C. Valdivia
Partner, chair of the Labor & Employment Practice Group
Quarles & Brady
Valdivia is the chair of Quarles & Brady’s Labor and Employment Group in Phoenix. She regularly advises clients in all matters of labor and employment law and is skilled in complex litigation matters, including wage and hour class action litigation in Arizona and California.
Her hope for her professional legacy: “A creative problem solver, committed to her clients and to giving back to the community.”
Surprising fact: “I love adventure — sky diving, gliding, scuba diving, helicopters, etc.”

Lorena Valencia
CEO
Reliance Wire
Valencia is the founder and CEO of Reliance Wire Systems, a wire and tubing manufacturing company she founded in 2000. She is also the founder and president of Magin Corporation — an eco-friendly wood pallet alternative company — and the FRDM Foundation.
Her hope for her professional legacy: “Empowering children by building schools and libraries in impoverished countries through my FRDM Foundation.”
Surprising fact: “I put hot peppers on almost everything I eat. The hotter. the better.”

Roberto Yañez
Vice president and GM
Univision Arizona
Yañez is a 27-year broadcast television veteran, who has served 17 of those years with the Univision Television Group (UTG). Yañez has created various opportunities that helped build the station’s relationship with the community: Cadena de Gente Buena, El 34 Esta Aqui and Ya Es Hora.
His hope for his professional legacy: “Someone who used his craft to build bridges between the problem and the solution.”
Surprising fact: “Though Monday through Friday you will never see me without a suit and tie, I am most comfortable in boots, jeans and driving a pick-up truck.”

Brossart Diane final 9314 5-29-12

Valley Forward Exands its horizon

Timing is everything, even when it comes to Mother Nature.

“In 2010, we got an $85,000 grant to look at some federal issues on sustainability,” says Diane Brossart, president and CEO of Valley Forward, which brings business and civic leaders together to improve the environment and livability of Valley communities. “We were asked to target Arizona’s Congressional delegation and get them up to speed in regards to understanding a sustainability agenda for Arizona and what that meant.”

What grew from that seed was an initiative that had actually been germinating for more than a decade, Brossart says: taking the successful Marocopa County-centric Valley Forward and giving is a statewide focus. In August, Valley Forward’s board voted unanimously to to move forward with a business plan that will transition Valley Forward into Arizona Forward in January.

Brossart says the state is facing some serious issues related to the environment and the livability and vitality of Arizona’s cities and towns will be impacted by upcoming decisions related to:
* Land use planning and open space,
* A balanced multi-modal transportation system,
* Improving and maintaining healthy air quality,
* Solar and renewable energy technology,
*  Managing our water resources, and
* Protecting wilderness, parks, national monuments and other natural areas for Arizona’s tourism economy.

“As Arizona and the country recover from the Great Recession, a statewide dialogue is more important than ever,” says William F. Allison, a shareholder at Gallagher & Kennedy. “The issues impacting us – water, energy, transportation, land use – involve the entire state rather than only the Valley. Arizona Forward will provide a forum to think outside the box and beyond the Valley.”

To get Arizona Forward to have its greatest statewide impact, Brossart and her staff connected with nine companies that had influence on communities along the Sun Corridor — the stretch of freeway that connects Tucson, Phoenix, Prescott and Flagstaff — to become charter members of Arizona Forward.

“The leaders of those companies have become our tour guides as we go into Pima County and Northern Arizona,” Brossart says. She points to Kurt Wadlington, employee-owner of Sundt Construction in Tucson, for opening doors for Arizona Forward to spread its wings into Southern Arizona.

“Southern Arizona already has a very strong environmental focus, but struggles with areas that are dependent on statewide engagement from both a funding and advocacy perspective,” Wadlington says. “(Valley Forward’s) shift (to a statewide focus) will provide Southern Arizona with added resources to coordinate its future growth in the larger context of the Sun Corridor.”

Experts agree that now is the perfect time for Valley Forward to shift to a statewide focus statewide because Arizona is at a turning point, economically and environmentally.

“There are major issues that affect the state like transportation; managing resources; and protecting the wilderness, parks, and national monuments,” says Alfie Gallegos, area sales manager for Republic Services. “These are not just environmental issues, but are issues that have an effect on Arizona’s economy statewide. I think Arizona is ready to start having more positive statewide conversations about finding ways to grow our economy in a manner that can be sustained and is environmentally friendly.”

Brossart says that while Arizona has had countless groups that have focused on making their communities better, Arizona Forward will be looking to help educate legislators become the glue that brings those regional organizations together in a spirit of cooperation and unity.

“So much of our goal is to drive a political agenda to the middle and bring folks on both sides of the aisle together,” Brossart says. “The issues that we focus on are sustainability and environmental. Everybody needs clean air, clean water, open space and parks. Those are the things that make a community viable, healthy and liveable. We all want that. Those aren’t political issues. But they do fall into a political arena that sometimes clouds the issues. But if we can be a reasoning voice of balance like we have been successfully in Maricopa County, if we can bring that statewide, it will be really good for Arizona — economically and environmentally.”

Valley Forward members expect the transition to Arizona Forward to foster additional collaboration and conversation on statewide issues, bring additional viewpoints on key issues and allow for a more global conversation.

“My hope is that we can, over time, have a collective vision that regardless of our own regional filters, we’re all in this together and need to find ways to move forward as one sustainable, economically successful state,” says Iain Hamp, community affairs representative, Wells Fargo Team Member Philanthropy Group.

Brossart says one of the biggest messages Arizona Forward will be trying to communicate is that making sound decisions about issues surrounding sustainability and the environment are good for business.

“If we make a case that shows the economic impact of parks and open space on the tourism industry, the business community will take notice and they are uniquely poised to deliver of that message and be heard,” Brossart says. “Parks groupies are great and they are important. But when the business community gets involved, people listen.”

Where Arizona Forward could have its biggest economic impact is on growth industries that rely on the state’s amazing natural resources.

“It’s an exciting time to be a part of solar energy, as the clean, renewable energy source is experiencing massive growth and helping the state and country achieve greater energy independence,” says Patricia Browne, director of marketing and communications for SOLON Corporation in Tucson. “And Arizona has been at the center of this growth. This has been made possible not only by the companies developing the solutions, but by the state and local officials, Arizona-based businesses and individual residents who recognize the importance that solar plays in a number of ways such as a cleaner environment, economic development, and energy price stability. However, there are still challenges in making the adoption viable on a large scale, and Arizona Forward helps bring together the right players to help make this happen on a state level.”

Richard Mayol, communications and government relations director for Grand Canyon Trust in Flagstaff, says Arizona Forward will give members in northern Arizona the opportunity to not only have a voice in discussions that affect the state today, but in decisions that impact what Arizona will be like 20 years from now.

“We hope it will help create an economy that provides the opportunity for prosperity without sacrificing the environment,” he says, “and makes northern Arizona an even better place to live, work, and raise a family.”

And that is what Arizona Forward’s mission is all about: bringing business and civic leaders together in order to convene thoughtful public dialogue on statewide issues and to improve the environment and sustainability of Arizona.

“All areas of the state will benefit, from urban to rural and suburban areas in between due to a coordinated and planned strategy for such essential elements as affordable energy, water, transportation, affordable housing, and a wide band of employment opportunities,” says Janice Cervelli, dean of the College of Architecture and Landscape Architecture at the University of Arizona. “All geographic, economic, and environmental sectors of the state will increasingly become part of a larger, interdependent, connected system.”

GOALS OF ARIZONA FORWARD

* Establish cooperative relationships with like-minded Arizona conservation organizations and facilitate collaboration on sustainability initiatives.
* Bring business and civic leaders together to convene thoughtful public dialogue on regional issues and to improve the environment and sustainability of Arizona.
* Increase awareness of and interest in environmental issues initially in the Sun Corridor and then beyond, statewide, building on an agenda of land use and open space planning, transportation, air quality, water, and energy.
* Support efforts to promote the Sun Corridor as an economic development area incorporating sustainability and smart growth principles.
* Serve as a technical resource on environmental issues through Arizona Forward’s and Valley Forward’s diverse membership of large corporations, small businesses, municipal governments, state agencies, educational institutions and nonprofit organizations.

ARIZONA FORWARD CHARTER MEMBERS
Arizona Community Foundation
First Solar
Freeport-McMoRan Copper & Gold
National Bank of Arizona
SOLON Corporation
Sundt Construction
The Nature Conservancy
Total Transit
Wells Fargo

FOUNDING MEMBERS: Access Geographic, LLC; Adolfson & Peterson Construction Company; APS; Arizona Conservation Partnership; Arizona Department of Transportation; Arizona Heritage Alliance; Arizona Investment Council; Arizona State Parks Foundation; Arizona State University, Global Institute of Sustainability; Aubudon Arizona; Blue Cross Blue Shield of Arizona; Breckenridge Group Architects/Planners; Caliber Group; City of Tucson; Environmental Fund of Arizona; Fennemore Craig; Gabor Lorant Architects; Gammage & Burnham; Godec Randall & Associates; Grand Canyon Trust; Guided Therapy Systems; Haley & Aldrich; Intellectual Energy, LLC; John Douglas Architects; Jones Studio; Kinney Construction Services, Inc.; Lewis and Roca LLP; Logan Halperin Landscape Architecture; Pima County; RSP Architects; Southwest Gas Corporation; SRP; University of Phoenix; TEP / UNS Energy Corp.; The Greenleaf Group

153181882

Paid time off to vote? Yes, in Arizona!

As the November election approaches, Americans gear up to exercise their greatest civic duty — voting. But finding the time to vote is a luxury many working voters struggle with. However, Arizona law simplifies this process by dictating that employers must give eligible voters up to three hours of paid leave in order to vote on Nov. 6.

According to Arizona Revised Statute 16-402, Arizona public and private employers must give their employees paid time off to vote if the following three conditions are met:

  • The employee must be eligible to vote in the election.
  • The employee requests voting leave one day prior to the election.
  • Less than three consecutive hours exist between either: Opening of the polls and the beginning of the employee’s regular work shift, or the end of the employee’s regular work shift and closing of the polls.

Employees are not liable for any penalty or wage deduction for the mandatory time off, the law states.

“Whether it’s a presidential election year or not, this statute always applies in relation to voting in Arizona,” says John Balitis, an employment attorney with Fennemore Craig.

The statute is important for employers and employees to know because it gives employees beneficial rights in connection to voting, and it also informs employers about their obligations, Balitis says.

However, although the Arizona statute doesn’t require proof of voting, Balitis says they may ask for it.

“If an employer has reason to doubt that the employee actually took the paid time to vote, it would be reasonable for the employer to require the employee provide proof that they actually did vote,” Balitis says.

Employers who violate AZRS: 16-402 are subject to a class two misdemeanor, which is punishable by fines and possible imprisonment.

There are no cases on record of Arizona employers violating AZRS: 16-402, Balitis says.

The following states have a law similar to Arizona’s requirement for voting time off, although not all require employers to pay employees: Alabama, Alaska, California, Colorado, Georgia, Hawaii, Illinois, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Mexico, New York, Oklahoma, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia and Wyoming.

The following states do not have any statute regarding employers giving employees time to vote: Arkansas, Connecticut, Delaware, Florida, Idaho, Indiana, Louisiana, Maine, Michigan, Mississippi, Montana, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rohde Island, South Carolina, Vermont, Virginia and Wisconsin,

For more information regarding Arizona Revised Statutes: 16-402, visit azleg.state.az.us.

carrie_cover

Innovative CEO Martz offers advice on being an effective boss

Today is National Boss Day, so it’s the perfect time to get a business owner’s view on what it takes to be a successful and effective boss.

Carrie Martz founded the Martz Agency — the largest female-owned advertising and public relations firm in Arizona — in 1980 after spending a couple of years in the corporate world. Her client roster includes Chateau on Central, Pacific Links International, Mirabel, Yurbuds and dozens more.

Martz is known as a hands-on owner/CEO, a leader, an innovator, and a philanthropist whose Home of Miracles program has helped raise more than $8 million for Phoenix Children’s Hospital and other local charities. So, to celebrate National Boss Day, Az Business magazine asked one of the Valley’s most effective leaders to talk a little bit about being a great boss.

Az Business: What do you think your employees say about your management style behind your back?
Carrie Martz: I would imagine they would say the same to my face.  I am tough but fair and have a good memory for details.

AB: What qualities do you think an effective boss needs to have?
CM: Be upbeat, optimistic, set the tone for the business, be as transparent as you can. Never stop learning and always listen.

AB: Was there a significant lesson you learned early in your career that made you a more effective boss?  
CM: Don’t get too personally involved. Remember this is a business. It isn’t personal. If someone isn’t working out, help them find a better fit.

AB: How is being a boss in a creative industry different from being a boss in a more traditional business?
CM: You have to foster creativity and individualism.  A few more egos to manage and work with, but that comes with the territory. Plus, we must create a working environment that is fun and engaging.

AB: If you could give one piece of advice to women who aspire to be a boss like you, what would it be?
CM: Give up balance in life. You will never be everything to everyone all the time.  Just go for every opportunity you can with all you have. Make sure you have great back up in all aspects of your life.

To learn more about Martz Agency, visit http://www.martzagency.com/.

mediator

2012 Mediation Guide

Arizona Business Magazine used its own research and referenced professional ratings and rankings of law professionals to determine the legal professionals who made the 2012 Mediation Guide. Arizona Business Magazine has used its best efforts in assembling material for this list, but does not warrant that the information contained herein is a complete or exhaustive list of the top alternative dispute resolution attorneys in Arizona, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions herein.

All attorneys are listed in alphabetical order.

AMY ABDO
Fennemore Craig
3003 N. Central Ave., #2600, Phoenix, AZ 85012-2913
602-916-5399
fclaw.com
Abdo has extensive experience in arbitration, mediation, investigations, administrative proceedings and litigation, including bench and jury trials.

KEVIN T. AHERN
Broening Oberg Woods & Wilson, P.C.
1122 E. Jefferson St., Phoenix, AZ 85034
602-271-7781
bowwlaw.com
Ahern’s practice is confined to mediations, neutral case evaluations, arbitrations, special master appointments and consultation in his areas of practice experience — real estate, commercial enterprises, title insurers, escrow agencies, insurance agencies, lenders, and property managers.

SHAWN K. AIKEN
Aiken Schenk Hawkins & Ricciardi
4742 N. 24th St., Phoenix, AZ 85016
602-248-8203
ashrlaw.com
Aiken devotes a substantial portion of his practice to mediation and arbitration, and was selected by Best Lawyers in America as Lawyer of the Year, 2012 (Mediation, Phoenix).

REBECCA ALBRECHT
Bowman and Brooke, LLP
2901 N. Central Ave., #1600, Phoenix, AZ 85012
602-643-2300
bowmanandbrooke.com
A former Superior Court judge, Albrecht incorporates her vast experience and skills to her practice, which includes arbitration and mediation. Albrecht is an American Arbitration Association (AAA) certified arbitrator.

GERALD W. ALSTON, FREDERICK M. CUMMINS, DOUGLAS G. ZIMMERMAN
Jennings, Strouss & Salmon
1 E. Washington St., #1900, Phoenix, AZ 85004-2554
602-262-5911
jsslaw.com
Alston serves as both an arbitrator and a mediator in all areas of civil litigation, including domestic relations, eminent domain, and matters involving real estate and contract disputes. Cummins has extensive trial experience in the areas of health care and is an experienced arbitrator and mediator. Zimmerman is a certified mediator by The Institute for Conflict Management, LLC and completed the Advanced Negotiation Skills Program at the Harvard Law School Negotiation Insight Initiative.

CHRISTIAN C.M. BEAMS
Ryley Carlock & Applewhite
One N. Central Ave., #1200, Phoenix, AZ 85004-4417
602-258-7701
rcalaw.com
Beams is an accomplished neutral who has resolved countless disputes through the mediation and arbitration processes. He is diligent in his efforts to bring matters to resolution, as evidenced by his high success rate in doing so.

MAUREEN BEYERS
Osborn Maledon, P.A.
2929 N. Central Ave., Phoenix, AZ 85012
602-640-9305
omlaw.com
Beyers has served as an arbitrator and a mediator in hundreds of arbitrations on a variety of business disputes, and is a member of the American Arbitration Association’s specialized panels, including its Large and Complex Case Panel, and Franchise, Securities and Real Estate Panels.

STEVEN N. BERGER, DAVID. W. ENGELMAN
Engelman Berger, P.C.
3636 N. Central Ave., Phoenix, AZ 85012
602-271-9090
engelmanberger.com
Berger and Engelman offer the facilitation of the resolution of disputes through practical and cost-effective mediation. Berger concentrates his practice on assisting business owners, lenders, lessors, and other parties in resolving commercial disputes, with an emphasis on matters pending in the U.S. Bankruptcy Court or involving troubled loans or troubled businesses.

GARY L. BIRNBAUM, RICHARD A. FRIELANDER, AND MICHAEL S. RUBIN
Mariscal, Weeks, McIntyre & Friedlander
2901 N. Central Ave., #200, Phoenix, AZ 85012
602-285-5000
mwmf.com
Five of the fi rm’s senior lawyers are actively and continuously involved in alternative dispute resolution, including acting as arbitrators, mediators and neutral case evaluators in Arizona and throughout the Southwest.

DENISE M. BLOMMEL
7272 E. Indian School Rd., #206, Scottsdale, AZ 85251
480-425-7272
azlaborlaw.com
Blommel has more than 28 years of experience as an employment and labor law attorney, 15 years as a practicing mediator, including seven years serving as a contract mediator for the U.S. Postal Service.

BONNIE L. BOODEN
101 N. First Ave., #2080, Phoenix, AZ 85003
602-252-4880
bonnieboodenlaw.com
Booden offers mediation as another means to resolve the issues that arise out of the dissolution of a marriage.

BRICE BUEHLER
212 E. Bethany Home Rd., Phoenix, AZ 85012-1229
602-234-1212
bricebuehler.com
Since 1987, Buehler has mediated or arbitrated more than 2,500 disputes. Buehler’s experience includes corporate, commercial, partnership, bodily injury and wrongful death, professional (medical, dental, and legal) malpractice, construction, environmental, and probate disputes.

JOHN R. DACEY, MICHAEL R. KING, RICHARD K. MAHRLE
Gammage & Burnham
2 N. Central Ave., 15th Floor, Phoenix, AZ 85004
602-256-0566
gblaw.com
As part of Gammage & Burnham’s practice, several attorneys are available to serve as mediators or arbitrators in employment, construction, general, commercial and other litigation matters.

DAVID J. DAMRON
2415 E. Camelback Rd., #700, Phoenix, AZ 85016
602-476-1836
damronadr.com
Damron specializes in alternative dispute resolution including mediation, settlement conferences and arbitration.

FRANKLIN D. “TROY” DODGE
Ryan Rapp & Underwood
3200 N. Central Ave., #1600, Phoenix, AZ 85012
602-280-1000
rrulaw.com
Dodge’s practice has an emphasis in the area of commercial contract and real estate, and arbitration and mediation.

PAUL F. ECKSTEIN
Perkins Coie
2901 N. Central Ave., #2000, Phoenix, AZ 85012-2788
602-351-8000
perkinscoie.com
Eckstein’s practice is focused on civil litigation and he also frequently serves as a mediator and arbitrator.

MICHELE M. FEENEY
6525 N. Central, Ave., Phoenix, AZ 85012
602-682-7513
mmflaw.com
Devoting her practice to mediation, arbitration and alternative dispute resolution, Feeney has litigated cases in the areas of medical malpractice, wrongful death, personal injury and other tort litigation.

LAWRENCE H. FLEISCHMAN
The Fleischman Law Firm
2850 N. Swan Rd., #120, Tucson, AZ 85712
520-326-6400
fladr.com
Fleischman created the fi rst Center for Dispute Resolution in the Arizona Superior Court system, saving litigants and taxpayers millions of dollars each year. To date, he has mediated more than 6,000 cases for clients.

SHERMAN D. FOGEL
2850 E. Camelback Rd., #200, Phoenix, AZ 85016
602-264-3330
shermanfogel.com
Fogel is a full-service conflict management and dispute resolution professional, providing mediation, arbitration and facilitation services.

RICHARD N. GOLDSMITH
Lewis and Roca
40 N. Central Ave., #1900, Phoenix, AZ 85004
602-262-5341
lrlaw.com
Goldsmith mediates commercial disputes and has extensive experience handling matters related to Articles 2 and 9 of the Uniform Commercial Code, commercial and real estate lending and leasing, and loan documentation.

BRIAN MICHAEL GOODWIN
Polsinelli Shughart
1 E. Washington St., #1200, Phoenix, AZ 85004
602-650-2001
polsinelli.com
Goodwin is a professionally trained mediator and served as a judge pro tempore with the Maricopa County Superior Court from 1982-2005.

ALONA GOTTFRIED, JARED SIMMONS
Simmons & Gottfried, PLLC
8160 E. Butherus Dr., #7, Scottsdale, AZ 85260
480-998-1500
sglawaz.com
Specialties include family matters, commercial and business issues, employment disputes, and real estate matters.

J. ALEX GRIMSLEY
Bryan Cave LLP
2 N. Central Ave., #2200, Phoenix, AZ 85004-4406
602-364-7117
bryancave.com
Grimsley has represented a variety of domestic and foreign companies in international arbitrations.

STEVEN S. GUY, REBECCA A. WINTERSCHEIDT
Snell & Willmer
400 E. Van Buren St., #1900, Phoenix, AZ 85004-2202
602-382-6000
swlaw.com
Guy’s practice includes mediation and arbitration of litigated disputes. Winterscheidt serves as an arbitrator of employment disputes for the American Arbitration Association.

WILLIAM HAUG, CHAD SCHEXNAYDER
Jennings, Haug & Cunningham
2800 N. Central Ave., #1800, Phoenix, AZ 85004
602-234-7800
jhc-law.com
ADR attorneys at Jennings, Haug & Cunningham represent businesses, agencies and individuals involved in business disputes.

MICHAEL W. HERZOG
The Herzog Law Firm, P.C.
14350 N. 87th St., #180, Scottsdale, AZ 85260
480-264-0842
herzogfirm.com
Herzog is a certified specialist in injury and wrongful death litigation and his practice includes arbitration and mediation.

MARC KALISH
3219 E. Camelback Rd., Phoenix, AZ 85018
602-956-3608
arizonamediator.com
Since receiving formal mediation training in 1995, Kalish has devoted his law practice almost exclusively to providing alternative dispute resolution services as both an arbitrator and mediator.

MARK E. LASSITER
Davis Miles
80 E. Rio Salado Pkwy., #401, Tempe, AZ 85281
480-733-6800
Lassiter has an “AV Preeminent” rating by the Martindale-Hubbell Peer Review Ratings system, which connotes the highest possible rating in both legal ability and ethical standards and is head of dispute resolution department.

AMY L. LIEBERMAN, DONNA WILLIAMS
Insight Employment Mediation
8149 N. 87th Pl., Scottsdale, AZ 85258
480-246-3366
insightemployment.com
Lieberman’s practice is focused on the prevention and resolution of workplace and business conflict. She mediates primarily employment and commercial matters.

MERTON E. MARKS
2575 E. Camelback Road, #450, Phoenix, AZ 85016
480-544-4324
mertonemarks.com
Marks is a nationally known arbitrator and mediator of commercial disputes involving insurance, reinsurance, securities and product liability. He is an arbitrator for the AAA on its commercial, reinsurance and large complex case panels and is a mediator on the AAA mediation panel.

BRUCE E. MEYERSON
LaSota & Peters
722 E. Osborn Rd., #100, Phoenix, AZ 85014
602-248-2900
lasotapeters.com
Meyerson is a mediator, arbitrator, and trainer. From 1990 through 2000, Meyerson practiced commercial and employment litigation with Meyer, Hendricks, Victor, Osborn & Maledon, and Steptoe & Johnson.

ROBERT J. MILLIGAN
Milligan Lawless Taylor Murphy & Bailey, P.C.
4647 N. 32nd St., #185, Phoenix, AZ 85018
602-792-3500
mltmblaw.com
Milligan specializes in health care law and mediation of litigated cases and pre-litigation disputes.

LEAH PALLIN-HILL
Mediation and Arbitration Services, PLLC
2375 E. Camelback Rd., #500, Phoenix, AZ 85016-3489
602-387-5323
leahpallinhill.com
Pallin-Hill offers ADR for general civil matters, including commercial disputes, construction, condemnation, employment, family, malpractice, elder abuse/nursing homes, personal injury, probate, and real estate.

DAVID W. REES
4771 E. Camp Lowell Dr., Tucson, AZ 85712
520-327-7775
thereeslawfirm.com
Rees offers services as a mediator, services as an arbitrator or represents individuals who wish to have matters resolved through means other than a civil trial.

SUSAN M. ROBBINS
Cooley & Robbins, LLC
10211 W. Thunderbird Blvd., #201, Sun City, AZ 85351
623-977-1900
azprobatelaw.com
Robbins is a member of the State Bar Alternative Dispute Resolution Section and is also a member of the Association for Conflict Resolution. She is active in the area of mediation and disputes and contested matter in elder law.

DAVID L. ROSE, SHARON B. SHIVELY, DAVID C. TIERNEY
Sacks Tierney
4250 N. Drinkwater Blvd., 4th Floor, Scottsdale, AZ 85251-3693
480-425-2600
sackstierney.com
In addition to serving on some of the AAA’s most sought-after arbitration panels, Sacks Tierney attorneys regularly appear as advocates in arbitrations (or mediations) under AAA rules, or in State Court arbitrations convened under an arbitration agreement.

ROBERT A. ROYAL
Tiffany & Bosco
2525 E. Camelback Rd., Phoenix, AZ 85016-9240
602-255-6011
tblaw.com
Royal’s practice emphasizes intra-corporate dispute and director, officer and manager liability issues.

IRA M. SCHWARTZ
DeConcini McDonald Yetwin & Lacy, P.C.
7310 N. 16th St., #330, Phoenix, AZ 85020
602-282-0500
deconcinimcdonald.com
Schwartz actively serves as a mediator and arbitrator of intellectual property disputes.

STEPHEN H. SCOTT, CHRISTOPHER M. SKELLY
Scott & Skelly
1313 E. Osborn Rd., #120, Phoenix, AZ 85014
602-277-8228
scottandskelly.com
Scott is a former judge on the Arizona Superior Court who now serves full-time as a mediator, arbitrator, appraisal umpire and discovery master. Skelly has conducted thousands of mediations in virtually every kind of civil case.

BRIAN E. SMITH
Brian Smith Mediation & Arbitration
550 W. Baseline Rd., #102-240, Mesa, AZ 85210
480-507-8895
bsmed-arb.com
Brian has established himself as a proven mediator, adept at impartially assisting and guiding parties to effectively facilitate their self-determined mutual decision making which is the cornerstone of the mediation process.

THOMAS L. TOONE
Beer & Toone, P.C.
76 E. Mitchell Dr., Phoenix, AZ 85012-2330
602-263-0900
beer-toone.com
Toone has served as settlement judge, arbitrator or mediator in more than 2,100 cases in Maricopa County.

MARK D. ZUKOWSKI
Jones, Skelton and Hochuli, P.L.C.
2901 N. Central Ave., #800, Phoenix, AZ 85012
602-263-1759
jshfirm.com
Zukowski is a construction and commercial arbitrator and mediator for the AAA. Mark also serves as a private arbitrator and mediator and as a settlement conference Judge Pro Tem for the Maricopa County Superior Court.

Arizona Business Magazine March/April 2012

gavel

Arizona’s Top Lawyers 2012 – Securities & Corporate Finance – Tax

Arizona Business Magazine used its own research, solicited input from legal experts, and referenced professional ratings and rankings to determine the legal professionals who made the 2012 Top Lawyers list.


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Categories

BankingHealthcare
Business/Corporate LawIntellectual Property
Construction LitigationMergers and Acquisitions
Employment/Labor
Relations
Real Estate
Environmental LawSecurities and Corporate Finance
Estate and Trust LitigationTax

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SECURITIES AND CORPORATE FINANCE

Bryant D. Barber ◆ Lewis and Roca LLP
602-262-5375 ◆ lrlaw.com
Barber has extensive experience in municipal finance, including related areas of state and federal securities and tax law, and economic development financing programs.

James E. Brophy, III ◆ Ryley Carlock & Applewhite, P.C.
602-440-4807 ◆ rcalaw.com
Brophy’s practice focuses on securities, business transactions and employee benefits law.

Jon S. Cohen ◆ Snell & Wilmer L.L.P.
602-382-6247 ◆ swlaw.com
Cohen has a corporate finance practice, including a large number of public offerings, and mergers and acquisitions.

Thomas H. Curzon ◆ Osborn Maledon PA
602-640-9308 ◆ omlaw.com
Curzon’s practice focuses primarily on entrepreneurial transactions, including venture capital and other private placements of securities, mergers, acquisitions and divestitures, and initial public offerings.

Steven P. Emerick ◆ Quarles & Brady LLP
602-230-5517 ◆ quarles.com
Emerick’s practice is focused on corporate finance, securities and business transactions for companies in a broad range of industries.

Martin R Galbut ◆ Galbut & Galbut, P.C.
602-955-1455 ◆ galbutlaw.com
Galbut has been selected to The Best Lawyers in America for Securities Law (2007 – 2010) and Business/Commercial Litigation (2001-2009).

Robert J. Hackett ◆ Ridenour, Hienton & Lewis, PLLC
602-254-9900 ◆ rhkl-law.com
Hackett’s practice focuses in the areas of corporate, securities and banking law, including public offerings, private placements, mergers and acquisitions and corporate finance.

Robert S. Kant ◆ Greenberg Traurig, LLP
602-445-8302 ◆ gtlaw.com
Kant has represented large and small issuers of equity and debt securities in hundreds of securities transactions involving the sale of more than $20 billion of securities.

David P. Lewis ◆ DLA Piper LLP
480-606-5126 ◆ dlapiper.com
Lewis focuses his practice in the area of corporate and securities law, including mergers and acquisitions, securities offerings and compliance issues.

Julie Rystad ◆ Gallagher & Kennedy, P.A.
602-530-8070 ◆ gknet.com
Rystad advises financial institutions and business entities in various types of financial transactions, including asset-based, equipment, and real estate loans and leases, and warehouse lending.


TAX

James Benham ◆ Moore Benham & Beaver PLC
602-254-6044 ◆ mbmblaw.com
Benham practices individual, corporate and partnership taxation law, tax controversy, estate preservation and probate; formation, operation and reorganization of corporations, partnerships and limited liability companies.

Timothy D. Brown ◆ Gallagher & Kennedy, P.A.
602-530-8530 ◆ gknet.com
Brown practices in all areas of federal tax law, with an emphasis on real estate, partnerships, limited liability companies, corporations, real estate, international taxation, and civil tax controversy.

John F. Daniels, III ◆ Fennemore Craig PC
602-916-5431 ◆ fclaw.com
Daniels chairs the Tax and Tax Controversy practice groups at Fennemore Craig.

Pat Derdenger ◆ Steptoe & Johnson
602-257-5209 ◆ steptoe.com
Derdenger’s practice emphasizes federal, state, and local taxation law. He is certified as a tax law specialist by the Arizona State Bar.

James R. Hienton ◆ Ridenour, Hienton & Lewis, PLLC
602-254-9900 ◆ rhkl-law.com
As a certified tax specialist of the Arizona State Bar Association, Hienton works to structure business transactions in a most tax-effective manner.

Kirk A. McCarville ◆ Kirk A. McCarville PC
602-468-1714 ◆ mccarvillelaw.com
McCarville practices nationwide, engaging in civil and criminal law principally in the area of taxation.

Thomas J. Morgan ◆ Lewis and Roca LLP
602-262-5712 ◆ lrlaw.com
Morgan practices in the areas of securities, corporate and tax law with emphasis in public and private securities offerings, and general tax planning.

Martha C. Patrick ◆ Burch & Cracchiolo, P.A.
602-234-9939 ◆ bcattorneys.com
Coming from the IRS, Patrick represents taxpayers involved in civil and criminal tax controversies before the Internal Revenue Service and the Arizona Department of Revenue.

Lawrence Pew ◆ Pew Law Center
480-745-1770 ◆ pewlaw.com
Pew is an experienced tax, bankruptcy, and transactional attorney.

Les Raatz ◆ Mariscal Weeks Mclntyre & Friedlander, P.A.
602-285-5022 ◆ mwmf.com
Raatz has extensive experience in a broad range of tax, probate and trust matters, including estate planning, audits and litigation, and corporate, trust, exempt organizations, real estate, and partnership and limited liability company taxation.

Arizona Business Magazine has used its best efforts in assembling material for this list, but does not warrant that the information contained herein is a complete or exhaustive list of the top lawyers in Arizona, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions herein.

Arizona Business Magazine March/April 2012

2012 Valley Partnership Roundtable

2012 Valley Partnership Roundtable

The 2012 Valley Partnership Roundtable discusses the need to engage and monitor federal issues impacting the development community, which is greater than ever. 

Every real estate development company actively manages issues such as water quality, dust control and industry taxation/regulation at the city and state level. However, we must be more vigilant in watching the impact of federal regulation on the real estate industry. Decisions made by the federal agencies and our Congressional delegation have a  long-term impact on our businesses.

As a sector, we have a responsibility to advocate for fair and pragmatic regulation that allows the industry to be nimble and grow responsibly. Federal regulation and oversight have expanded over the past few years and some of these expansions in oversight could negatively impact Arizona businesses. Arizona’s climate, employment bases and natural resources pose unique challenges on the federal level, and we must ensure that our delegation is prepared to fight for our state’s future.

As it celebrates its 25th anniversary, Valley Partnership, in conjunction with AZRE magazine, convened a virtual roundtable discussion on the need to engage and monitor federal and state issues that impact the development community. They include:

  • Expansion of the Clean Water Act;
  • Business taxes/workforce training credits/research and development tax credits
  • Military installations, including Luke Air Force Base;
  • Solar incentives;
  • Aerospace/defense industry, research.

Participants are members of Valley Partnership’s federal and legislative committees, including: Rob Anderson (RA), Fennemore Craig; Paul Hickman (PH), Arizona Bankers Association; Charley Freericks (CF), DMB Associates, Inc.; Rusty Mitchell (RM), Luke AFB; Mary Peters (MP), consultant, former secretary, U.S. Department of Transportation; Grady Gammage JR. (GG), Gammage & Burnham; and Michelle de Blasi (MD), Quarles & Brady.

- Karrin Taylor, DMB Associates Inc.

Q: The federal government’s growing regulation of water, environment issues and endangered species has an immediate effect on private property owners and at the state and local levels. In the Western U.S., there can be tremendous unintended consequences to these one-size-fits-all regulations promulgated in Washington. What are the risks and/or potential impacts for the development community?

GG: There are huge risks for Arizona development in ignoring federal issues. We tend to either rail at the Feds, or just hope they’ll go away. The truth is, neither attitude is useful. We need our federal representatives to vigorously engage in explaining things that seem obvious to us: like dry desert washes not being navigable, or the fact that Arizona tends to be dusty. But we need to recognize that there is an appropriate federal role in environmental regulation, rather than behave as though the EPA will go away.

RA: The risks for the development community are three-fold: Increased compliance costs; increased uncertainties associated with securing federal approval (Well will I get my permit? What will my project look like when I do?); and the possibility that the federal requirements will actually block you from developing at all. The first two risks are fairly pervasive in the development world already. The third risk is relatively rare but increasing, particularly in the area of endangered species where there is tremendous pressure to list more species and protect more habitats. We also may see more of this as the first two risks grow and become unmanageable. For example, if I do not know when I can get my permit, and do not know what my project will look like at the end of the permitting process, how can I get financing or raise capital to do the project at all?

Q: What can we (leaders in real estate) do to influence federal regulation and legislation?

MD: Consistency and certainty in policy is crucial to develop and sustain any industry. It is difficult to have certainty without having an energy policy in place. Some immediate initiatives that could provide certainty in the energy industry are: Build out/improve access to transmission; remove redundancy/inefficiencies in permitting; expand production-based incentives; and provide better/quicker access to federal land for project development.

GG: The real estate industry needs to come together with workable solutions on things like dust control of construction, and standards for developing in the desert that recognize circumstances where washes should be preserved or mass grading minimized. Constructive engagement means offering sensible alternatives for some federal involvement, that is climate and geography appropriate for the arid West. There’s a lot of of serious expertise in Arizona in dealing with these issues. The development industry will find that Arizona’s cities are valuable allies in understanding the nature of development here, and why it is different from many other parts of the country.

RA: Follow regulatory developments through agencies of concern (EPA, the Corps of Engineers) and follow legislation through Congress. Do not hesitate to contact your congressman or congresswoman on issues of concern. Be active in trade associations that lobby in Washington D.C.

CF: Real estate industry leaders and everyone in the community have many options for supporting Luke and the effort to secure the F-35 mission. First, participate in the Luke Forward campaign by registering your support (lukeforward.com), submit a letter from your company or community support organization, and spread the word by sending the link for Luke Forward to your colleagues and friends Second, participate in the upcoming public hearings for the F-35 mission Environmental Impact Study (EIS) process. Dates, times and locations will be posted on the website to visibly show your support to the community and government representatives. Finally, write or email your local, state and federal elected officials and state your support for the F-35 mission.

PH: Stay engaged. Coordinate multiple visit to members of Congress and agency officials. Be active on responding to requests for comments on proposed regultions. Create “echo chambers” on issues of vital importance to our state.

Our western state is rich in space, most of which is managed by some form of government (Fed/state/military/tribal). This requires our real estate development industry to engage in public/private partnerships. Our only alternative is not to grow our economy.

Q: There has been significant scrutiny on federal and state incentives of certain industries recently. How do you think those incentives have impacted the Arizona job and real estate markets? Are the incentives needed to jump-start an industry and spur growth? Are they worth the risks?

MP: I am generally opposed to public-funded incentives that tend to distort the market. If a determination is made that public interest is best served by advancing an issue, the better way to proceed is to focus on the desired outcome rather than a specific technology. In terms of developing alternative fuels for vehicles, for example, the outcome might be to reduce our dependence on foreign oil. Current policy provides public subsidies as an incentive to produce ethanol, and the subsidies are provided largely to mid-west, corn producing states. The process used by the Defense Advanced Research Projects Agency (DARPA) that encourages competition toward an outcome-based goal is far better than offering specific incentives. Arizona businesses and entrepreneurs could be very competitive in a DARPA-like competition resulting in more Arizona jobs and real estate development.

MD: Incentives are necessary to help spur growth and develop infrastructure that benefits society as a whole, but should be implemented in such a way that they reward success. The incentive provides the carrot, but should not provide the fuel as was the case with Solyndra. Incentives provide the necessary framework to foster economic development — job creation. Just as Arizona was feeling the effects of a downturn in the real estate market, the incentives available to the renewable energy industry helped spur the grow of a burgeoning industry for Arizona. As more projects have come to fruition, the economy has felt the impacts through the transitioning of jobs and the influx of investment in renewable generation and manufacturing. However, as an industry and state, one needs to be careful not to incentivize an industry that will not survive into the future without incentives.

Q: The debate around “earmarks” and “pork” projects continues at the federal level. Some of Arizona’s federal delegation have earned national reputations for their stand against earmarks. What are the benefits or the losses to Arizona on this issue? Should Arizona’s federal delegation work to bring federal dollars back to our community? What kinds of projects does Arizona need?

MP: When members of Congress designate special projects as part of authorizing or appropriation bills powerful committee chairs are able to direct disproportionate amounts of funding to their district or state regardless of the merits of the project. The so-called “Bride to Nowhere” in the 2005 Highway Bill is a prime example. I think, on the whole, Arizona and other states lose in this process, and our delegation is right to take a stand against earmarks. A better way is for Congress to give the states their proportionate share of funding, and let state and local officials working with our Congressional Delegation decide how and where the funds should be spent. Arizona could then use those funds to build transportation in infrastructure to support high-growth areas, such as the north-sout corridor in Pinal County.

GG: We couldn’t live in Central Arizona without federal projects. Both SRP and CAP are examples of using the Treasury of the Unites States to make it possible to live in the arid West. Sky Harbor Airport and the interstate highway system are other examples. We should not oppose the use of federal dollars for these kinds of purposes. The evil of “earmarks” is when ad hoc projects (I think “Bride to Nowhere”) are slipped into unrelated bills without any debate or being part of a comprehensive program. Our senators and congressmen shouldn’t oppose the use of federal funds for worthy projects in Arizona. They should oppose a process that disguises federal spending, that doesn’t invite public scrutiny, or that trades frivolous projects in one district for similar boondoggles elsewhere.

PH: We expect our members of Congress to fight for parochial projects that make sense. What some members of our congressional delegation object to — properly in my view — is skirting the competitive process to do that. The losses incurred by the practice of earmarking redound to us as federal taxpayers, not necessarily Arizonans. When we engage in it we may win projects for our state, but as federal taxpayers we probably paid too much inferior projects or products.

We should be working with out congressional delegation as well as the applicable federal agencies to get out projects included into the agency budgets, authorized by the congressional authorization committees and approved by the members of the appropriations committees. We also need to partner with the global growth sectors of our economy: healthcare, energy, aerospace, and high-tech manufacturing. If this crash of 2008 has taught us anything it is that the residential housing industry can’t drive an economy by itself. It has to have other sectors to support or it collapses.

Q: The Arizona Commerce Authority and local economic development groups such as GPEC have prioritized a number of industries for expansion and growth. Aerospace/defense, technology and the solar industry seem to be major opportunities for Arizona’s future. What role should leaders of the real estate development industry play at the federal level in working to support these business expansion efforts?

MP: The ACA has defined aerospace/defense, solar/renewable energy, science and technology, and Arizona innovation-small businesses and entrepreneurs as our four focus areas. The areas provide the biggest opportunity to attract and retain high paying jobs and sustainable economic development for our state. The real estate development community can help support these focus areas by working together with organizations like ACA and GPEC to let out congressional delegation know when we are competing for federal funds and programs. An example is the funding now available under the Defense Appropriations Act in which the FAA will select sites for testing UAVs. The real estate development community can also assist in redeveloping areas such as the Williams Gateway and in ensuring that growth complements, but does not encroach on, our current military installations such as Luke AFB.

MD: The message has to be clear and provide certainty for foster meaningful industry growth. For the energy sector, the growth plan needs to be inclusive of a portfolio of energy resources. The support for renewable energy at the federal level needs to be based on a broad array of goals: jobs, diversity of energy sources, national security and economic development. The industry leaders should be advocating for production-based or back-end incentives where there are metrics requiring a certain level of project development to better ensure the long-term success of the industry.

Q: Arizona has long enjoyed the benefits of having major military installations, such as Luke Air Force Base, as part of our economic base. These installations create and sustain thousands of jobs and billions of dollars in economic impact. What are the potential risks and rewards with selection of Arizona for the F-35 mission?

CF: The rewards are numerous — thousands of highly trained, educated and well-paid employees continue to thrive in the West Valley; billions of dollars in annual economic impact continue to flow into Arizona’s economy; and the community around Luke is bolstered by the consumption of goods and services from this amazing economic engine and the positive community contributions from the people of Luke. The mission for this advanced aircraft will sustain Luke for decades to come.

The risks as minimal, but important to keep in context. The military is subject to the ebbs and flows of federal military investment and resting after securing the F-35 mission would be a critical error. The state, especially those communities closest to Luke, have grown accustomed to, even dependent on, having Luke as a major employer and economic driver. As the West Valley continues to grow and evolve, it is critical to keep the economic development focus on highly-educated, high-income employment and to continue diversifying the number and types of industries represented. The risk of reductions in Luke’s mission are always a factor to be considered; and, the best solution will be a strong and diverse regional economy.

RM: If Luke AFB is selected as the second PTC, it is conceivable that it would remain a valuable national asset and an incomparable economic engine for decades to come.

The most recent study (commissioned by the state of Arizona) of Luke’s economic impact was approximately $2.17B. However,  beyond the pure dollars involved, the men and women of Luke AFB are significant contributors to the surrounding community as school and church leaders, business participants as well as stable homeowners for the community. These men and women should be viewed not only as part of the economic engine, but equally as important, quality community participants and leaders.

For more information on Valley Partnership visit, valleypartnership.org

AZRE Magazine March/April 2012

Nonexempt Vs. Exempt Employees

Exempt Employees Versus Nonexempt Employees

Classifying employees as exempt or nonexempt might seem easy at first glance.  Either they are salaried or they are hourly.  Accordingly, they either are eligible to earn overtime for hours worked or they are not.

But it’s not that simple. Nor are the penalties a business can face. Complaints can be made against a business up to two years after an alleged misclassification and resulting lost wages.

Compliance is Key

Such allegations can prove costly, especially if tension in the workplace escalates between the accuser and the business to the level of what could be considered discrimination or harassment. In fact, the U.S. Department of Labor Website’s compliance section states:

“It is a violation to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under the FLSA.

“Willful violations may be prosecuted criminally and the violator fined up to $10,000. A second conviction may result in imprisonment.”

In addition, any employer found to have willfully violated employee rights, whether exempt or nonexempt from the guidelines outlined in the FLSA, “may be prosecuted criminally and fined up to $10,000,” DOL documents state. “A second conviction may result in imprisonment. Employers who willfully or repeatedly violate the minimum wage or overtime pay requirements are subject to civil money penalties of up to $1,100 per violation.”

When Wage and Hour investigators uncover violations, the DOL will often work with that employers to help them become compliant. In addition, they will be required to pay any back wages that may be due to employees.

Two-Part Test

So what is the standard by which an exempt and nonexempt employee can be measured, and what rules apply to each classification? To be considered exempt, a salaried employee must meet specific salary and duty requirements.

An employee, who is salaried who earns less than $455 per week would be nonexempt and therefore eligible for overtime and other protections under the FLSA.  An exempt employee would not be eligible for overtime, but with limited exceptions, must receive their full salary for any week during which they work, Compensation Management News reports. For more information, visit Compensation.BLR.com.

The second portion of the test relates to the duties an employee performs, their job category such as administrative, computer specialists, outside sales and more. For specific exemptions, see the accompanying chart or visit the DOL Website. In some cases, as with computer specialists, otherwise exempt employees may be paid hourly instead as long as they earn $27.63 or more per hour.

Managing Expectations

In Arizona, there is no legal definition for exempt and nonexempt employees. Everybody is entitled to a minimum wage. However, Arizona does have its own unique minimum wage law. Arizona’s minimum wage is $7.35 per hour and federal minimum wage is $7.25.

While exempt employees are generally not eligible for overtime, they reap other benefits.

“If a person works part of a day and then leaves, you cannot dock them if they are exempt,” explained John Balitis, an employment and labor attorney with Fennemore Craig. “The caveat is that you can dock a salaried, exempt employee’s leave days, so long as it does not result in a loss of compensation during the pay period in which the docking occurs. So, the docking rule for partial day absences is different, depending on whether you are talking about pay or leave.”

Paul W. Barada, a salary and negotiation expert for Monster, agrees. “Exempt employees are generally expected to devote the number of hours necessary to complete their respective tasks, regardless of whether that requires 35 hours per week or 55 hours per week. Their compensation doesn’t change based on actual hours expended. Exempt employees aren’t paid extra for putting in more than 40 hours per week; they’re paid for getting the job done,” Barada wrote in a career advice article published on Monster.com.

If not hours, what then, constitutes an exempt employee’s fulfillment of having completed a day’s work?

“This is an interesting issue that judges and lawyers are talking about, but there is no clear answer,” Balitis said. “Given the proliferation of smart phones and employees checking their email, voice mail and texts while they are at home or in the car on the way to work, there is case law that says that becomes compensable time—so the day has started and exempt/salaried employees have to be paid.”

Balitis said employers, regardless of size, would be well-advised to to purchase a multi-law comprehensive poster for the workplace. If purchased as a subscription from a service, he said, companies generally send updated posters when any of the requirements change.

Commonly Used Exemptions

Commissioned sales employees of retail or service establishments are exempt from overtime if more than half of the employee’s earnings come from commissions and the employee averages at least one and one-half times the minimum wage for each hour worked. You may also wish to review the applicable regulation.

Computer professionals: Section 13(a)(17) of the FLSA provides that certain computer professionals paid at least $27.63 per hour are exempt from the overtime provisions of the FLSA.

Drivers, driver’s helpers, loaders and mechanics are exempt from the overtime pay provisions of the FLSA if employed by a motor carrier, and if the employee’s duties affect the safety of operation of the vehicles in transportation of passengers or property in interstate or foreign commerce. You may also wish to review the applicable regulation.

Farmworkers employed on small farms are exempt from both the minimum wage and overtime pay provisions of the FLSA. You may also wish to review the specific regulation.

Young workers employed on small farms, with parental consent, are also exempt from the child labor provisions of the FLSA. For more information on exemptions from the child labor provisions of the FLSA in agriculture, click the underlined text. Other farmworkers are exempt from the FLSA’s overtime provisions. You may also wish to review the specific regulation.

Salesmen, partsmen and mechanics employed by automobile dealerships are exempt from the overtime pay provisions of the FLSA. You may also wish to review the applicable regulation.

Seasonal and recreational establishments: Employees employed by certain seasonal and recreational establishments are exempt from both the minimum wage and overtime pay provisions of the FLSA. You may also wish to review the applicable regulation.

Executive, administrative, professional and outside sales employees: (as defined in Department of Labor regulations) and who are paid on a salary basis are exempt from both the minimum wage and overtime provisions of the FLSA.

For more information about commonly used exemptions, visit www.dol.gov.

Source: US Department of Labor elaws – Fair Labor Standards Act Advisor

[stextbox id="grey"]Learn more about nonexempt vs. exempt employees at Compensation.BLR.com.[/stextbox]

 

Fennemore Craig lawyers, AZ Business Magazine September/October 2011

Centennial Series: Fennemore Craig Continues Legal Legacy

Fennemore Craig, founded in 1885, has helped shape the legal landscape of Arizona and its economy for more than a century. Founded more than a quarter-century before Arizona attained statehood, the firm has both helped the state grow and grown within the state.

What started as a frontier town law office has grown to more than 180 attorneys concentrated in Phoenix, Tucson, Denver, Las Vegas, and Nogales, with 440 total employees firm-wide. In the beginning, it was known as Sloan & Chalmers at what is now First Avenue and Washington Street in Phoenix. Even then, long before moving into swanky downtown offices, the law firm was contributing to the quality of life for Arizonans.

A Fennemore Craig spokesperson identified some significant milestones from the past 100 years:

1. In 1910, Edward Kent, who served on the Arizona Territorial Supreme Court and later became a firm partner, authored the Kent’s Decree. It established and governed water rights in Arizona for decades. The decree is still referred to today. The firm also authored the Arizona Workmen’s Compensation Act and Arizona Sales Tax Act in 1912.

2. In 1927, the firm helped organize the State Bar.

3. From 1954-1962, Fennemore Craig partner Cal Udall was a member of the legal team that represented Arizona in its battle with California for control of Colorado River water. Fennemore Craig’s efforts here spurred development of Arizona’s major cities.

4.  The Arizona Groundwater Management Act. Jim Johnson, a Fennemore Craig water, natural resources and environmental lawyer, was a principal negotiator and draftsman of the 1980 Arizona Groundwater Management Act. As special counsel to the state’s newly created Arizona Department of Water Resources, he successfully defended  the Act’s constitutionality. The Act marked a critical benchmark in Arizona’s efforts to manage and preserve its groundwater. It established comprehensive and effective approaches to groundwater management and allocation.

5.  Arizona Telecommunications Deregulation, 1995-96. Tim Berg and Theresa Dwyer-Federhar, Fennemore Craig utilities and appellate lawyers, served as Arizona  primary outside counsel to US West, the predecessor to Qwest, now CenturyLink, when Congress mandated telecommunications deregulation with the Federal Telecommunications Act of 1996. They represented US West, which had commenced working with other communications companies and stakeholders and the Arizona Corporation Commission on telecommunications deregulation issues in 1995. When Congress passed the Telecommunications Deregulation in 1996, a competitive telecommunications framework for residential and business customers emerged in Arizona that provided a regulatory regime for multiple providers, competitive pricing and use of a company’s infrastructure by other providers.

6.  Arizona Sports and Tourism Authority. Fennemore Craig lawyer Sarah Strunk, who practices in the area of business and finance, served as general counsel (and continues to do so) to the Arizona Sports and Tourism Authority in connection with the siting, development, construction, and ongoing operation and maintenance of University of Phoenix Stadium, home of the Arizona Cardinals and an anchor of Glendale’s sports complex. The development of University of Phoenix stadium, also home of the Fiesta Bowl and site of Super Bowl XLII, marked a shift in the economic landscape of the West Valley and Arizona sports.

Fennemore Craig, AZ Business Magazine September/October 2011

[stextbox id="grey"]Fennemore Craig
3003 N. Central Ave., Ste. 2600
Phoenix, AZ 85012
(602) 916-5000
www.fclaw.com[/stextbox]

Arizona Business Magazine September/October 2011