Tag Archives: Jennings

lawyers

Super Lawyers: Jennings, Haug & Cunningham

Jennings, Haug & Cunningham announced that six attorneys with the firm were named 2015 Southwest Super Lawyers by Law & Politics Magazine. The attorneys recognized as top in their area of practice include Mark Barker, John “Jack” Cunningham, Karen Gaylord, Kim Lough, Chad Schexnayder, and John Sinodis. In addition, Joseph Brophy and Travis Pacheco were named Southwest Super Lawyers Rising Stars.

The 2015 Southwest Super Lawyers recognizes only five percent of lawyers in the state of Arizona as top in their area of practice. The selection process for Super Lawyers by Law & Politics is an extensive polling, research and selection procedure resulting in third-party validation of professional accomplishments.   

Mark Barker was recognized by Super Lawyers for his work in surety law. Barker, who earned his law degree from University of Arizona College of Law, also practices in commercial transactions for financial institutions and business dispute resolution.

John “Jack” Cunningham was recognized by Super Lawyers for his litigation practice, representing both plaintiffs and defense in general litigation matters.  Cunningham, who received his law degree from Arizona State University College of Law, has extensive trial experience and is involved with cases ranging from personal injury and insurance coverage to professional malpractice and uninsured motorist matters.  

Karen Gaylord was named to Super Lawyers in environmental and natural resources law.  She represents public and private entities in a wide range of environmental matters, including state and federal superfund law, hazardous wastes, solid waste and special waste, brownfields, water and air quality, NEPA compliance and environmental issues in Indian Country.  

Kim Lough was name to Super Lawyers for his experience as a construction litigator.  Lough, who earned his law degree from the University of Arizona College of Law, has extensive trial experience in complex construction litigation, as well as in employment discrimination matters.

Chad Schexnayder was recognized by Super Lawyers as a top Arizona lawyers in construction law matters. Schexnayder has 23 years of experience of providing legal counsel to the construction industry, particularly as it relates to surety and fidelity law matters.  

John Sinodis, the firm’s managing partner, was recognized by Southwest Super Lawyers for his business litigation practice. Sinodis’ legal practice focuses on representing equipment lessors and funding sources in all aspects of equipment leasing including litigation, documentation, insolvency, and transactional matters.  

The firm’s two Rising Stars include: Joseph Brophy, who practices in business litigation, surety law matters and insurance defense, and Travis Pacheco, whose practice is focused in business litigation.

trauma

Minimizing the risk of medical malpractice

Jay A. Fradkin is an attorney with Jennings, Strouss & Salmon, P.L.C.

Jay A. Fradkin is an attorney with Jennings, Strouss & Salmon, P.L.C.

There is, of course, no way to eliminate a medical practice’s risk of being involved in a malpractice lawsuit. There are, however, a number of ways to minimize the risk of untoward events and put your practice in the best possible position to defend against a medical malpractice lawsuit. Below are some tips from the perspective of a medical malpractice attorney with over 30 years of experience defending claims against medical practices:

Do your best to ensure the patient does not feel like either of you are being rushed through an appointment:  Everyone is busy; however, communication is probably the number one factor in good doctor-patient relations. It is important to impress upon patients that you are have the time to listen and respond to their concerns. This is not only important in providing appropriate care, but it is also important in the event of a less than desirable outcome. A patient may be less likely to file a malpractice lawsuit against a doctor who they felt made time for and listened to them, even if they are not happy with the treatment.

Practice good documentation and follow-up procedures:  Although the “standard of care” does not require any particular method of documentation or follow-up procedures, poor practices in either or both areas can lead to poor outcomes, as well as less defendable lawsuits. Keep clear records, preferably in a “SOAP” format. If feasible, dictate or type rather than handwrite your records for clarity. Stay away from “template” medical records, particularly those that “default” to repetitious notes from one visit to the next, which may carry limited credibility as to what really happened during a visit. Be sure to always document informed consent discussions, as well as a patient’s refusal to follow recommendations for testing and/or treatment. Although not necessarily always required by the standard of care, implement some type of “tickler” system for at least the most important diagnostic tests to ensure that either the patient has followed through with getting the testing, and/or that your office has received the test results that have been ordered. At a minimum, advise patients to contact your office if they have not received test results within a certain time period, and be sure to document that the instruction was provided to the patient.

Send reminder letters to patients:  Again, although not necessarily required by the standard of care, a good practice is to send “reminder” letters or notices to patients that they are due for a follow-up appointment or routine medical tests. An automated system with a number of form letters that fit the appropriate reminder can easily be created along with a system that “flags” those patients for whom a reminder is due. This is another way to attempt to avoid patients “falling through the cracks,” and also makes it much easier to defend a malpractice lawsuit for an alleged failure to “follow-up” with a patient.

Never change a medical record after the fact:  Experience has shown that, for some practitioners, the urge to go back and make the medical record “better” after a poor outcome or, even worse, after a legal claim or suit is filed, is irresistible. We have seen everything from cross-outs, white-outs, “write-ins,” “re-written” records, and “addendums”; all efforts to “clarify” what “really happened” at that (now) all-important office visit during which the (alleged) informed consent conversation, the appropriate (but rejected) treatment recommendation, etc., purportedly occurred. Suffice to say that such a practice is not only professionally inappropriate, but it can make a bad case worse, and a defendable case virtually indefensible in front of a jury. It can also jeopardize your insurance coverage, if not for the case at issue, certainly for future insurability. Simple rule: it is better to live with a less than ideal medical record than a falsified one, so leave it alone!

Do not ignore bad patient outcomes:  There is a widely-held belief that one of the main reasons that many lawsuits are never filed, even after terrible outcomes, is because the physician communicated appropriately with the patient or family in a timely fashion, acknowledging the event, showing empathy for the outcome, offering any possible assistance to the patient or family, and, in short, showing a “human” response to the patient’s misfortune. Conversely, it is striking the number of times we observe in medical malpractice lawsuits that the physician never communicated, or even attempted to communicate, with the patient or family after the occurrence, giving the impression of a less-than-caring physician. Many plaintiffs in such cases have been heard to say that the main reason they sued the doctor is that “he never called to see how I was or to say he was sorry for what happened.” Showing empathy will only serve to minimize the chances of a suit, and it will not be used against you should the matter proceed to court; it is not an admission of liability, it is simply the human thing to do, and any jury will understand that.

Keep in mind that, as medical professional, you may be sued regardless of how carefully and competently you practice medicine, or how humanely you treat your patients; however, there are ways to decrease the likelihood that you will be sued and, if the inevitable happens, will give your attorney a much better argument that you are not liable.

Jay A. Fradkin is an attorney with Jennings, Strouss & Salmon, P.L.C. He is chair of the firm’s Healthcare Litigation Department, and a litigator with extensive trial experience in the areas of medical and professional malpractice defense, products liability, personal injury defense, and insurance defense. For more information, visit www.jsslaw.com.

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The Jennings Strouss Foundation Supports Girls on the Run

Jennings, Strouss & Salmon’s charitable foundation, the Jennings Strouss Foundation, recently teamed up with the non-profit organization Girls on the Run as the Presenting Sponsor of its April 26th 5K event.

Girls on the Run is a non-profit organization dedicated to creating a world where every girl knows and activates her limitless potential and is free to boldly pursue her dreams. Its mission focuses on positive youth development, combining interactive curriculum and running to cultivate self-respect and healthy lifestyles in young girls. visit gotrmc.org.

As the presenting sponsor of the Girls on the Run 5K, staff and attorneys from Jennings Strouss supported the girls through a financial contribution, the creation of a slew of motivational posters, volunteering as running buddies and providing games for all to participate in after the run had concluded. Those who volunteered as running buddies partnered with young girls and accompanied them through their 5K, providing encouragement along the race route as well as celebrating the accomplishments at the finish line.

“Serving as the presenting sponsor of the Girls on the Run 5K was an honor for all of us at Jennings Strouss,” said Keith Overholt, President of the Jennings Strouss Foundation and Member of Jennings Strouss. “The faces of the girls crossing the finish line showed pride, accomplishment and determination. We were thrilled to play a small role in helping Girls on the Run spread its positive message throughout Phoenix.”

legal

Southwest Super Lawyers: Jennings Strouss

Jennings, Strouss & Salmon, PLC, a leading Phoenix-based law firm, announced that twenty-two attorneys have been listed in Southwest Super Lawyers® magazine for 2015, including seven 2015 Southwest Rising Stars.  

The Jennings Strouss attorneys listed in 2015 Southwest Super Lawyers are:

  • Gerald W. Alston – Business Litigation
  • Timothy W. Barton – Real Estate
  • David Brnilovich – Business Litigation
  • Richard K. Delo – Personal Injury Medical Malpractice: Defense
  • John J. Egbert – Employment  & Labor
  • Lee E. Esch – Real Estate
  • Jay A. Fradkin – Personal Injury Medical Malpractice: Defense
  • Richard Lieberman – Mergers & Acquisitions
  • Jay M. Mann – Construction Litigation
  • Bruce B. May – Real Estate
  • Michael R. Palumbo – Business Litigation
  • J. Scott Rhodes – Professional Liability: Defense
  • Jack N. Rudel – Tax
  • John G. Sestak, Jr. – General Litigation
  • Bradley J. Stevens – Bankruptcy: Business

The attorneys listed as 2015 Southwest Rising Stars are:

  • Jeffrey D. Gardner – Securities Litigation
  • Eric D. Gere – Business Litigation
  • Kerry A. Hodges – Business Litigation
  • Kami M. Hoskins – Bankruptcy: Business
  • Bradley V. Martorana – Business/Corporate
  • Anne E. McClellan – Civil Litigation: Defense
  • Norma C. Izzo – Family Law

The selections for the top attorneys in Arizona are made by the research team at Super Lawyers, which is a service of the Thomson Reuters Legal Division based in Eagan, MN. Each year, the research team undertakes a rigorous multi-phase selection process that includes a statewide survey of attorneys, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check. State-wide, up to five percent of attorneys are named by Super Lawyers, and no more than 2.5 percent of attorneys under the age of 40 and practicing 10 years or less are included as Rising Stars.

lawyer

Jennings, Haug & Cunningham earns distinction

Jennings, Haug & Cunningham was honored by the Best Lawyers in America®, a preeminent legal peer ranking, which recognized the firm as a “Tier 1 Best Law Firm” in its 2015 national rankings.

Several of the firm’s practice areas also earned top rankings. Jennings, Haug & Cunningham’s construction law and litigation practice was recognized as top in national and metropolitan Phoenix law firm rankings.The firm’s environmental law, mediation and arbitration practices each also earned top metropolitan Phoenix firm rankings.
The Best Lawyers in America® recognizes firms each year, naming firms and 81 practice areas ranked by the legal community as top tier providers nationally, by state and by metropolitan area.

Full data is available online for the law firms that received rankings, ranging from large firms to small and one-person or two-person firms, providing a comprehensive view of the U.S. legal profession that is unprecedented.

“This is a significant honor for the firm and our recognized practice areas,” said John Sinodis, managing partner of Jennings, Haug & Cunningham. “Our attorneys strive to deliver the best legal advice and exceptional client service no matter how large or small a matter may be, and these rankings serve as a sign that the legal and business communities recognize and appreciate our efforts.”

Paul J. Valentine

Jennings, Strouss & Salmon adds Paul J. Valentine

Jennings, Strouss & Salmon, a leading Phoenix-based law firm, announced that Paul J. Valentine has joined the firm as an associate in the Tax Law department.

“The varied experience Paul has earned in the tax field over the past four years makes him an excellent addition to the tax group,” stated Rich Smith, Chair of the Tax Law department at Jennings, Strouss & Salmon. “In particular, his experience in the area of tax controversy, on both federal and state levels, allows the firm to expand its services in these areas.”

Valentine focuses his practice in the area of Taxation Law. He earned his LL.M. in Taxation from
New York University School of Law, his J.D. from American University Washington College of Law, and a B.S. from Leeds University. Prior to joining Jennings, Strouss & Salmon, Mr. Valentine was a Tax and Bankruptcy junior partner at Arboleda Brechner, where he managed clients’ tax collection and controversy matters.

“Joining Jennings Strouss & Salmon presented a fantastic opportunity to be a part of a strong and dynamic tax practice,” stated Paul Valentine. “Although the firm represents clients throughout the United States, its solid reputation in Arizona and commitment to Arizona’s businesses was extremely attractive to me. I am looking forward to working with the other members of the tax law team to help meet our client’s business needs.”

123rf.com, tatiana53

Op-Ed: Read this before locking out a commercial tenant

Garrett Olexa, used with permission from Jennings Strauss. *Garrett Olexa is a member with the law firm of Jennings, Strouss & Salmon, PLC. He practices in the areas of real estate and commercial litigation.  Mr. Olexa can be contacted at golexa@jsslaw.com or 623.878.2222.

Garrett Olexa is a member with the law firm of Jennings, Strouss & Salmon, PLC. He practices in the areas of real estate and commercial litigation. Olexa can be contacted at golexa@jsslaw.com or 623.878.2222. Photo used with permission from Jennings, Strouss & Salmon, PLC

Most commercial landlords and property managers are aware that, in Arizona, if a commercial property tenant neglects or refuses to pay rent and is in arrears for more than five days, or if a tenant violates another provision of the lease, under certain conditions and circumstances, Arizona law allows the landlord the option to reenter and retake possession of the premises, seize personal property belonging to the tenant, and, after a statutory allotted time period and proper notice, publicly auction the tenant’s property to pay the unpaid rent. What they may not be aware of is the number of potential pitfalls associated with taking such actions.

The following are questions commercial landlords should consider and discuss with an attorney knowledgeable in the laws that govern lock-outs to determine whether it is a possibility and the best option for their situation.

1. What does the lease say?

If the lease contains language that would prohibit a lockout, then it is not an option. Also, if the lease requires the landlord to provide written notice to the tenant before there can be a default or breach of the lease, a lockout is only an option if the written notice has been properly delivered and the time to respond to the notice and cure a potential default has expired.

2. Is the tenant five days in arrears on the payment of rent, or has there been a material default under the lease by the tenant aside from late rent?

These questions are significant because a lockout cannot be performed until (i) the rent has been unpaid for five days past the date it was due or (ii) the tenant has violated another significant provision of the lease. The landlord should also consider whether the tenant has a valid argument that the failure to pay rent or alleged material default was prompted by the landlord’s own failure to comply with a term of the lease. Keep in mind, – a breach by the landlord may excuse a tenant from having to comply with certain lease obligations, and if the landlord has breached the lease and then taken the tenant’s property, the landlord could be exposed to a claim for conversion.

3. Have you allowed the tenant extra time to pay the rent?

If a landlord promises the tenant extra time to get caught up on the rent, the landlord should avoid retaking possession of the premises until the extension expires.

4.  Have you routinely accepted late rent payments or led the tenant to believe timely payments would not be required?

If a landlord has regularly accepted late rent payments from tenants, additional steps may need to be taken before a lockout can occur. Such conduct may also determine whether the lockout is a reasonable option.

5. Can the lockout be performed without any of the tenants, employees, or representatives present?

A landlord cannot retake possession while someone is inside the building.

6. Can a lockout be accomplished without breaching the peace?

If entering the property will result in a breach of the peace, the lockout cannot be performed. If a breach of the peace occurs during a lockout, then the lockout needs to be terminated.

7. Is the personal property on the premises owned by the tenant? Will selling such property bring sufficient proceeds to cover past due rent? Are there risks associated with selling or disposing of personal property on the premises?

If the personal property is not owned by the tenant, it cannot be sold by a landlord. Also, the landlord will want to consider whether the personal property is worth enough to cover the rent owed and auction costs. A landlord should also consult with an attorney concerning potential liabilities associated with disposing of certain personal property (e.g. computers that contain protected personal information of the tenant’s customers).

8. Have you conducted a UCC lien search?
A landlord’s possessory lien will not take priority over another creditor that perfected a lien on the personal property before it was brought into the leased space. Thus, a UCC lien search should be conducted before deciding whether repossession makes sense.

9. Will a lockout put the tenant out of business and, if so, is that in your best interest?
Locking out a tenant and taking possession of its equipment may cause a tenant to lose its customers and force it to close its doors permanently. If the tenant is under a long-term lease and has simply fallen behind on one month’s rent due to a cash flow issue, a lockout is probably not going to be in a landlord’s best interest.

10.  Is there a personal guaranty and do the guarantors have money?
If a personal guaranty on the lease was obtained, and the guarantors are believed to have sufficient assets, filing suit on the personal guaranty and getting a money judgment against the guarantors may prove to be a better course of action than going through the time-consuming and uncertain process of seizing and selling the tenant’s assets. The suit can also include a request for a court order requiring the tenant to turn over the premises.

In short, while lockouts can be a valuable tool to a commercial landlord, they are also ripe with potential problems if not executed properly. Therefore, it is recommended that landlords consult an attorney familiar with commercial lockouts before engaging in the process.

vaping

How Does ‘Vaping’ Fit Into Workplace Smoking Bans?

In 2006, Arizonans made their voices heard by passing the Smoke-Free Act, which prohibits smoking tobacco products in places of employment, but where do electronic cigarettes and “vaping” — the act of inhaling water vapor through a personal vaporizer or electronic cigarette — fit into the equation?

In the past 8 years e-cigarettes have become nearly an $8 billion industry. As vaping increases, so do the conversations about workplace policy. Many companies have adopted a vaping policy that echoes language in the Arizona’s Smoke-Free Act. However, it is potentially problematic because the Smoke-Free Act prohibits the use of lighted tobacco products and the statue does not address electronic cigarettes. The American Lung Association has expressed concerns about e-cigarettes after a 2009 Food and Drug Administration study found they released toxic cancer-causing chemicals. However, the FDA has yet to release rules on the e-cigarettes. With no firm federal and sates guidelines, companies are in limbo in terms of workplace policies regarding vaping.

John Egbert, a labor and employment attorney with Jennings, Strauss & Salmon,said the question is whether vaping legally fits into the already established law. Even though the federal government is still working on its policy, the situation is still fluid and employers need to decide how to handle the increase in the number of e-cigarette users before legal complication arise.

“Employers should consider revising their existing smoking polices to address the new issues associated with e-cigarettes in the workplace,” said Pavneet Singh Uppal, regional managing partner at Fisher & Phillip.

It benefits the employer to take a position while the government figures it out, experts said. When revising a smoking policy, companies need to address whether e-cigarettes are allowed in the workplace, in separate areas, in certain social situations and the grievance process or ramifications when the rules are broken and infringed upon.

“Because the exact effects of e-cigarettes are still unknown, it is best to err on the side of caution and designate a specific area where e-cigarettes are allowed, but is separate from traditional smoking areas,” Uppal said.

Many of the possible negatives of vaping are widely known — like air quality concerns and concerns about the amount of pollutants in the vapor. “But even though we all know that smoking is bad for you, employers should take time to understand how e-cigarettes work and that they may have some benefits,” Uppal said.

Gregory Conley, an attorney and president of the American Vaping Association, a nonprofit organization established primarily for the purpose of positive media advocacy regarding vaping and e-cigarettes, believes “permitting vaping in the workplace, or even just setting up areas in the office where vaping in permitted, can foster a healthier workplace by providing great incentive for smokers to quit.”

Advocates to fostering a work environment that permits vaping believe productivity could increase among vapers. Smokers often spend time not working on a “smoke break,” while vapers could be allowed to remain at their desk. Due to the lack of smoke, e-cigarettes have been marketed as a healthier alternative to traditional cigarettes. Additionally, a vaping office could serve as a more congenial atmosphere because e-cigarettes do not have a distinctive odor that is unpleasant to non-smokers.

“If vaping is better than smoking, getting smoking employers to vape is a step in the right direction,” Egbert said.

SMACNA Arizona

Op-Ed: New ROC regulatory philosophy triggers need for self-audits

D. Kim Lough is a partner with the law firm of Jennings, Haug & Cunningham. He represents the construction industry, including owners, contractors and subcontractors in complex construction litigation, employment discrimination and other civil and administrative law. He can be contacted at: DKL@JHC-Law.com.

D. Kim Lough is a partner with the law firm of Jennings, Haug & Cunningham. He represents the construction industry, including owners, contractors and subcontractors in complex construction litigation, employment discrimination and other civil and administrative law. He can be contacted at: DKL@JHC-Law.com.

By D. Kim Lough, construction lawyer with Jennings, Haug & Cunningham

Contractors throughout Arizona are being blindsided by a new administrative oversight role undertaken by the Registrar of Contractors (ROC). The Registrar’s new prosecutorial philosophy toward investigating complaints against licensed contractors places contractors at risk of losing their license for minimal technical violations which may occur even when the contractor is unaware an issue exists. This sea-change warrants a self-audit of your business practices.

License Display Requirements
Contractors should make sure that their license number is prominently displayed as required by A.R.S. §32-1124(B):
•    Posted in a conspicuous place on premises where work is being performed;
•    Placed on written bids submitted by the company;
•    Placed on all broadcasts, publications, internet and billboard advertisings;
•    Displayed on letterhead and other documents used to correspond with customers or potential customers.

License number display requires it be preceded with “ROC,” and posting be visible in the following:
•    Any and all job sites
•    Every page of the company web site
•    Included in all email signature blocks sent by the company
•    Displayed on all contracts, invoices and company correspondence
Failure to display your license number in compliance with this statute is ground for disciplinary action, including license suspension.

Written Contract Form Requirements
Contract agreements with property owners must include the following minimum requirements of A.R.S. §32-1158(B):
•    Contractor name, business address and license number;
•    Property owner’s name and mailing address, and the job site address or legal description;
•    Date parties entered into contract;
•    Estimated date of completion of all work to be performed under the contract;
•    Description of work to be performed under the contract;
•    Total dollar amount to be paid to the contractor by the owner for all work under the contract, including all applicable taxes (the total dollar amount may be changed by change order executed in accordance with the contract);
•    Dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract (incorporation of prompt pay statutes);
•    Upon signing the contract, the owner “shall be provided a legible copy of all documents signed and written and signed receipt” for any amount paid to the contractor;
•    The following legend must be prominently displayed in the written contract in at least a 10-point bold type:

“The owner has the right to file a written complaint with the Registrar for an alleged violation of §32-1154, Subsection A. Complaints may be filed with the Arizona Registrar of Contractors at 1700 West Washington Street, Suite 105, Phoenix, Arizona 85007-2812 (602)542-1525 (www.azroc.gov). Complaints, if any, must be filed not more than two years following substantial completion of the work.”

The statutes do not distinguish between commercial and residential construction with regard to the minimum elements of the contract. Therefore, a technical violation may exist if any of the above information is not included, even when dealing with a sophisticated owner.

The ROC also appears to be looking more closely into what a contractor does when its license is temporarily suspended. This can happen if there is a failure to timely renew a license bond. For example, the ROC has revoked a contractor’s license for performing work during a temporary administrative suspension of its license for lack of a bond.

Being diligent in ensuring your business practices comply with these statutes is more critical than ever. If there is a temporary lapse in your license, you will best avoid action by the ROC by refraining from bidding work, executing contracts or performing work until the suspension is lifted. Be sure to check with the ROC web site and your surety to ensure your mailing address is correct for sending renewal notices, and mark these renewal dates on your calendar.

A self-audit of these items is highly recommended. Legal counsel review of contract forms will best ensure compliance with the new statute.

John Sticht elected to Arizona State Bar executive council

John Sticht

John Sticht

John Sticht, of Jennings, Haug & Cunningham, has been elected to serve on the Arizona State Bar Construction Section’s Executive Council as Secretary. Prior to accepting a one-year term as an officer for the leadership council, Mr. Sticht served for three years in an “at large” position on the council. His term as secretary commenced on July 1.

Sticht’s legal practice is focused primarily in the areas of construction and surety litigation, bankruptcy, creditors’ rights and general business and insurance litigation matters. He graduated of the University of Arizona where he received a Bachelor of Science in Exercise Science in 1993 and Master of Science in Sports Administration in 1995. In 2004, Mr. Sticht earned his law degree from Arizona State University College of Law, where he graduated cum laude.

The Construction Section of the State Bar of Arizona has more than 400 members. This Section of the bar conducts monthly meetings, offers seminars on important construction-related topics, and fosters communications among its members with the construction industry.

The Executive Council consists of a Chair, Chair-Elect, Past Chair, Secretary, Budget Officer, three Members at Large, a Young Lawyers Division Representative, and a Board of Governors liaison. The Members at Large are elected to serve three-year terms; all others serve one-year terms.

Sticht resides, with his family, in the Moon Valley neighborhood of Phoenix.

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Laws of the land: Navigating development in Indian Country

Gerrit Steenblik, Polsinelli

Gerrit Steenblik, Polsinelli

Anyone who has tried to develop on one of the 22 federally recognized Indian tribes’ land in Arizona has probably encountered the patchwork of land ownership that can sometimes make it difficult to build. Land on reservations can be owned by the tribe, held in trust and owned by an individual (both allotted property and non). Recently, Polsinelli’s Gerrit Steenblik and Anne Kleindienst shared that to negotiate a 55-year land lease for the development of the Noah Webster school on the Salt River Pima-Maricopa Indian Community, they had to work with many departments of the Salt River Pima-Maricopa Indian Community, including the general counsel’s office, the economic development division, the treasurer’s office, the education administration and the community’s public relations office, as well as the Bureau of Indian Affairs and the allotted land owners.

Each tribe functions as a sovereign nation and provides a variety of governmental services to tribal members.

Roxann Gallagher, Sacks Tierney

Roxann Gallagher, Sacks Tierney

“Because few tribes tax their members, many tribes engage in commercial activities to generate sufficient revenue to provide these services,” says Roxann Gallagher, attorney at Sacks Tierney. “As a result, we have traditionally seen a mix of bonds, either tax-exempt or taxable, issued to acquire, construct or improve both governmental and commercial facilities.”

With the introduction of the American Recovery and Reinvestment Act of 2009, came $2B meant to broaden the reach of tax-exempt funding for commercial development. A significant portion of that $2B volume cap for tribal economic development bonds are still available.

Native American communities can issue tax-exempt bonds to finance construction projects that will benefit their own community, such as government and community buildings. Various departments also offer federal grants to fund schools, pre-school programs, health care, and infrastructure, including water systems and roads in Indian country.

“Keys to success [with regards to building in Indian country] included the personal relationships, long-range planning to avoid last-minute glitches and the fact that the new Noah Webster School responded to a genuine need of the community, leading to a win-win result,” says Steenblik, who was the borrower’s counsel for the Noah Webster School being constructed on the Salt River Pima-Maricopa Indian Community. The construction of the new Noah Webster Schools-Pima project within the Salt River Pima-Maricopa Indian Community is being funded by a tax-exempt bond issued by the Industrial Development Authority of Pima County that is only available to tax exempt, nonprofit and non-Indian owned business.

“Construction financing undertaken by a tribal government or tribal governmental entity has many of the same challenges as any other governmental financing in terms of timing, structure, respect for political processes, and adherence to regulatory requirements,” says Gallagher. “Most notably, however, there are some additional legal and business issues that must be considered if certain tribal real property or restricted revenues are intended as security for the indebtedness. For instance, there are federal restrictions on the alienation of tribal property, potentially complicated title issues, and limitations on recourse against some potential sources of repayment.”

Ed Rubacha, Jennings, Haug & Cunningham

Ed Rubacha, Jennings, Haug & Cunningham

Though Jennings, Haug & Cunningham’s Ed Rubacha says it’s unlikely for tribal communities to resist payment by declaring sovereign immunity after a project is completed, the disputes of the Hualapai Skywalk and Ranch can make some developers nervous. Granted, if it’s a large project, Rubacha says, with a well-known tribe it may be smart to ask for a waive of immunity. A recent example being the Navajo Nation waiving its right to declare immunity on a $500M purchase of a coal mine being purchased by the Navajo Transitional Energy Company.

In the early 2000’s, the Navajo Nation decided to build its first casino in Arizona. It wouldn’t break ground until 2011 or open until May 2013. Twin Arrows employs 1,300 people and will make $45M a year. Instead of enlisting the help of a commercial bank, developers worked with the Navajo government to secure adequate funding.

“In 2009-10, the capital market was really soft,” says Navajo Nation Gaming Enterprise Chief Executive Darrick Wachtman. “Wall Street wasn’t lending to the casino startups. There was no activity. It was a good opportunity for the nation to get good returns. The interest rate was higher than market. It’s dependent on the cash-flow leverage.”

As for developers, Gallagher reports positive feedback: “Sacks Tierney’s clients have found that successful tribal finance transactions are akin to hitting a perfect golf shot in that the result is well worth the effort.”

Russel Yurk_photo

Yurk Will Chair Professionalism and Ethics Committee

Russell Yurk, an attorney with Jennings, Haug & Cunningham, has been appointed to Chair the Defense Research Institute (DRI) Lawyers’ Professionalism and Ethics Committee.  Prior to this appointment, Mr. Yurk served as the Vice-Chair of the committee. His two-year term as Chair commenced earlier this month at DRI’s Annual Meeting.

Mr. Yurk’s legal practice focuses on professional liability, lawyer discipline, and complex civil litigation. For more than 15 years, Mr. Yurk has represented lawyers and other professionals in professional liability and discipline matters. In addition to his professional liability practice, Mr. Yurk maintains an active practice in complex civil litigation representing clients in large-exposure cases involving product liability, commercial, contract, class action, business tort, and environmental claims.

DRI is an international membership organization serving defense attorneys and in-house counsel by providing access to resources and tools for attorneys.  The DRI Professionalism and Ethics Committee strives to address continually changing and challenging ethical issues faced by lawyers, and provides advice to its membership.

Mr. Yurk also is an active member of the State Bar of Arizona’s Committee on the Rules of Professional Conduct; he serves as a Judge Pro Tem of the Superior Court of the State of Arizona, Maricopa County; serves as a Pro Bono Consultant on Lawyer Discipline Matters for the Arizona Association of Defense Counsel; and regularly conducts seminars for the legal community on ethics and professionalism.

In addition to his law practice, Mr. Yurk is a replay official for the National Football League.

In 1998, Mr. Yurk earned his law degree from the Arizona State University College of Law after graduating with his bachelor’s degree in economics from Northwestern University.

law

Yurk joins Jennings, Haug & Cunningham

Jennings, Haug & Cunningham L.L.P. announced that Russell Yurk joined the firm. Mr. Yurk’s practice is focused in professional liability, lawyer discipline, and complex civil litigation. For more than 15 years, Mr. Yurk has represented lawyers and other professionals in professional liability and discipline matters.

In addition to his professional liability practice, Mr. Yurk maintains an active practice in complex civil litigation representing clients in large-exposure cases involving product liability, commercial, contract, class action, business tort, and environmental claims.

Mr. Yurk is an active member of the State Bar of Arizona’s Committee on the Rules of Professional Conduct;  serves as the Vice-Chair of the Defense Research Institute’s Lawyers’ Professionalism and Ethics Committee; and regularly conducts seminars for the legal community on ethics and professionalism.

Mr. Yurk serves as a Judge Pro Tem of the Superior Court of the State of Arizona, Maricopa County, and is a Pro Bono Consultant on Lawyer Discipline Matters for the Arizona Association of Defense Counsel.

In addition to his law practice, Mr. Yurk is a replay official for the National Football League.

In 1998, Mr. Yurk earned his law degree from the Arizona State University College of Law after graduating with his bachelor’s degree in economics from Northwestern University.

law

Yurk joins Jennings, Haug & Cunningham

Jennings, Haug & Cunningham L.L.P. announced that Russell Yurk joined the firm. Mr. Yurk’s practice is focused in professional liability, lawyer discipline, and complex civil litigation. For more than 15 years, Mr. Yurk has represented lawyers and other professionals in professional liability and discipline matters.

In addition to his professional liability practice, Mr. Yurk maintains an active practice in complex civil litigation representing clients in large-exposure cases involving product liability, commercial, contract, class action, business tort, and environmental claims.

Mr. Yurk is an active member of the State Bar of Arizona’s Committee on the Rules of Professional Conduct;  serves as the Vice-Chair of the Defense Research Institute’s Lawyers’ Professionalism and Ethics Committee; and regularly conducts seminars for the legal community on ethics and professionalism.

Mr. Yurk serves as a Judge Pro Tem of the Superior Court of the State of Arizona, Maricopa County, and is a Pro Bono Consultant on Lawyer Discipline Matters for the Arizona Association of Defense Counsel.

In addition to his law practice, Mr. Yurk is a replay official for the National Football League.

In 1998, Mr. Yurk earned his law degree from the Arizona State University College of Law after graduating with his bachelor’s degree in economics from Northwestern University.

Robert Lamb

Jennings, Haug & Cunningham Adds Robert Lamb, Will Focus On Commercial Litigation

 

Jennings, Haug & Cunningham announced that Robert “R.J.” Lamb has joined the firm.

His litigation practice is focused in the areas of general business and commercial litigation, construction and surety litigation, and insurance liability and estate planning.

Lamb graduated from the Sandra Day O’Connor College of Law at Arizona State University (Cum Laude) in 2011. While in law school, he was honored with Pro Bono Distinction recognition, and served as an associate editor of the Arizona State Law Journal.

In 2004, he graduated, with a Dean’s List distinction, from the University of Michigan with a B.S. in Philosophy.

Lamb is a member of the State Bar of Arizona, and the Maricopa County Bar Association.

Hillary Gagnon, Meghan Mulligan and Deborah Lavinsky

Central Phoenix Women Announce New Leadership

Deborah Lavinsky, financial advisor with Securus Financial Group, Inc., has been named director to lead Central Phoenix Women.

New advisers for the organization are Hillary P. Gagnon, Esq. a partner with Jennings, Haug & Cunningham, L.L.P.; and Meghan Mulligan an accountant with On the Money, LLC. The three new leaders were introduced at the May monthly meeting at The Ritz-Carlton, Phoenix and will serve for 12 months.

Lavinsky has over three decades of experience in the personal finance, wealth management, and philanthropic fields.  She has extensive experience working effectively with professionals, pre-retirees, women in transition and business owners on retirement income planning, estate planning, business succession planning and long-term care.  She serves as a non-public arbitrator for the Financial Industry Regulatory Authority, Inc., (FINRA). A respected national speaker and author, a financial literacy advocate, and lifelong volunteer, she can often be found teaching financial literacy courses, fundraising for genetic research, or promoting a women’s leadership program.  Prior to her career in financial services, Deborah performed as principal flutist in numerous symphony orchestras in the United States and Europe. She holds the FINRA Series 7 and 66 licenses and AZ, CA, FL, OH and UT life insurance licenses. She is an Investment Advisor Representative and has earned the Chartered Retirement Plans Specialist (CRPS) designation through the College for Financial Planning.  Lavisky is a passionate Pilates practitioner, triathlete, knitter, and golfer as well as a devoted wife to her husband Arthur, mother of two grown children and one energetic Yorkie.

Hillary Gagnon’s practice emphasizes estate planning and probate, as well as commercial litigation.  Particularly, Ms. Gagnon’s estate planning work consists of assisting clients develop and prepare a personalized estate plan appropriate for their individual and family needs.  An estate plan may include, among other things a will, revocable living trusts, special needs trust for a disabled child or family member, irrevocable trust, life insurance trust, estate tax planning, power of attorney, health care power of attorney, and living will.  Ms. Gagnon’s trial and litigation experience includes commercial disputes, collections, employment and labor law, liability and insurance defense and construction law.  A graduate of Wheaton College (B.S. 1994) and Suffolk University Law School (J.D. 1997), she joined the Firm in 2000 and became a partner in 2005.

Meghan Mulligan empowers individuals and business owners by helping them gain control of their financial record keeping. With seven years of experience and a Bachelor’s of Science in Business Accounting, she brings the knowledge of accounting principles and comprehensive experience to the table when assisting people across numerous business fields. By helping her clients take control and manage their bookkeeping she reduces stress and helps her clients feel more secure in their monetary based decisions. Meghan has a passion for helping diagnose and correct business and personal financials left in any state. She specializes in “fixing” QuickBooks files that may be giving the business owners and their staff problems. When not working, Meghan volunteers with the Thunderbird High School girls’ soccer program and enjoys chasing after her young son.

Central Phoenix Women is an organization for women who have established themselves professionally and demonstrated commitment to the community. Members are individuals who wish to enhance their leadership by connecting with like-minded women to share information, ideas, contacts and opportunities. They value relationships that enhance their business, social and community endeavors.

More information and an invitation are available at www.centralphoenixwomen.org. Reservations are required.

legal

Jennings, Strouss & Salmon Expands to Yuma

Jennings, Strouss & Salmon, PLC (Jennings Strouss), a leading Phoenix-based law firm, announced the opening of its Yuma office to serve the growing legal needs of Yuma and Imperial counties. The firm’s Yuma location will provide clients with the full range of personal and business legal services, including agribusiness law, business and finance law, estate planning, health care law, labor and employment law, and real estate law.

Shanna Bowman Orlich and Wayne A. Smith will be the primary attorneys at the Jennings Strouss Yuma office. Shanna has deep roots in Yuma and a strong background in agriculture. Orlich has been involved in the business and legal aspects of both of her father’s agribusinesses, BSN Farms and Coronation Peak Ranches, Inc.

“I’m very excited to serve my hometown,” stated Orlich. “This is a tremendous opportunity to give back to my community and offer legal services that are directly beneficial to and customized to meet the unique and diverse needs of business owners and families in Yuma and Imperial Counties. Our Yuma office will have the firm’s full support and resources, which includes a network of 65 attorneys.”

Orlich focuses her practice in the areas of agricultural law, commercial and financial transactions, business operations, planning and formation, and real estate. She also has experience in commercial and probate litigation. Orlich attended Columbia University, where she earned her juris doctorate degree and master’s degree in business administration. She earned a bachelor of science in industrial engineering from Arizona State University.

Wayne Smith also has a strong background in agriculture and continues to run his family’s cattle ranch today. Smith focuses on issues related to agribusiness and agricultural compliance with federal and state programs, water law, real estate (including 1031 exchange and reverse exchange), federal and state income and estate taxation, business and estate planning, and partnership, corporation and limited liability company formation and compliance. Smith earned a bachelor of science in mechanical engineering from New Mexico State University, a juris doctorate degree from the University of New Mexico School of Law, and a master’s of law degree in taxation from the University of Missouri-Kansas City School of Law.

Jennings Strouss is committed to supporting the numerous business, civic and industry organizations that are dedicated to the growth of Yuma and Imperial Counties. The firm is a member of the Greater Yuma Economic Development Corporation and the Yuma County Chamber of Commerce.

The opening of the Yuma office marks the fourth location for Jennings Strouss, with offices also located in Phoenix and Peoria, Ariz., and Washington, D.C.

The Yuma office is located in historic downtown Yuma, Ariz at 256 S. 2nd Ave., Suite C.

legal

Jennings, Strouss & Salmon Expands to Yuma

Jennings, Strouss & Salmon, PLC (Jennings Strouss), a leading Phoenix-based law firm, announced the opening of its Yuma office to serve the growing legal needs of Yuma and Imperial counties. The firm’s Yuma location will provide clients with the full range of personal and business legal services, including agribusiness law, business and finance law, estate planning, health care law, labor and employment law, and real estate law.

Shanna Bowman Orlich and Wayne A. Smith will be the primary attorneys at the Jennings Strouss Yuma office. Shanna has deep roots in Yuma and a strong background in agriculture. Orlich has been involved in the business and legal aspects of both of her father’s agribusinesses, BSN Farms and Coronation Peak Ranches, Inc.

“I’m very excited to serve my hometown,” stated Orlich. “This is a tremendous opportunity to give back to my community and offer legal services that are directly beneficial to and customized to meet the unique and diverse needs of business owners and families in Yuma and Imperial Counties. Our Yuma office will have the firm’s full support and resources, which includes a network of 65 attorneys.”

Orlich focuses her practice in the areas of agricultural law, commercial and financial transactions, business operations, planning and formation, and real estate. She also has experience in commercial and probate litigation. Orlich attended Columbia University, where she earned her juris doctorate degree and master’s degree in business administration. She earned a bachelor of science in industrial engineering from Arizona State University.

Wayne Smith also has a strong background in agriculture and continues to run his family’s cattle ranch today. Smith focuses on issues related to agribusiness and agricultural compliance with federal and state programs, water law, real estate (including 1031 exchange and reverse exchange), federal and state income and estate taxation, business and estate planning, and partnership, corporation and limited liability company formation and compliance. Smith earned a bachelor of science in mechanical engineering from New Mexico State University, a juris doctorate degree from the University of New Mexico School of Law, and a master’s of law degree in taxation from the University of Missouri-Kansas City School of Law.

Jennings Strouss is committed to supporting the numerous business, civic and industry organizations that are dedicated to the growth of Yuma and Imperial Counties. The firm is a member of the Greater Yuma Economic Development Corporation and the Yuma County Chamber of Commerce.

The opening of the Yuma office marks the fourth location for Jennings Strouss, with offices also located in Phoenix and Peoria, Ariz., and Washington, D.C.

The Yuma office is located in historic downtown Yuma, Ariz at 256 S. 2nd Ave., Suite C.

Karen Gaylord & Ronnie Hawks

Jennings, Haug & Cunningham's Gaylord, Hawks Named to Regional Councils of Environmental Quality Association

 

Jennings, Haug & Cunningham announced that Karen Gaylord was elected to the Valley Forward Regional Council and Ronnie Hawks was appointed to the Southern Arizona Regional Council for Arizona Forward.

Their role on each council allows the attorneys to assist the organization with its statewide initiative directed towards environmental quality.

Gaylord, who serves on the Valley Forward Regional Council of Arizona Forward, is a partner with the firm whose legal practice is focused on environmental and natural resource matters.

She advises clients on environmental regulatory matters and assists in developing business strategies that capitalize on environmental opportunities or address regulatory challenges. Gaylord also helps clients negotiate compliance agreements, and has worked extensively on water quality matters throughout Arizona.

Hawks, a partner with the firm, serves on Arizona Forward’s Southern Arizona Regional Council. His practice is focused predominantly on environmental and governing matters, including state, federal, and tribal entities.

He has extensive experience in Native American law, assisting to cognize water rights issues and environmental conformity on tribal lands. Hawks also helped draft environmental assessments in compliance with NEPA.

Arizona Forward, formerly known as Valley Forward, is a non-profit association focused in environmental and quality of life improvement.

 

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.

Lisa Borowsky, partner, Davis Miles McGuire Gardner, PLLC

2013 Top Lawyers list: Construction litigation

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.

Lisa Borowsky
Davis Miles McGuire Gardner, PLLC
480-733-6800
www.davismiles.com
The former Scottsdale City Council member’s areas of expertise include HOA, complex civil litigation, real estate, and general business law.

John Condrey
Gordon & Rees LLP
602-794-2460
www.gordonrees.com
For more than 20 years, Condrey has representwd general contractors, architects, engineers, developers and owners in matters including negligence claims, default terminations, delay and disruption claims, project development, land use, and other types of construction disputes.

Andy Kvesic
Ryley Carlock & Applewhite
602-440-4854
www.rcalaw.com
Kvesic represents clients in the construction industry litigating construction defect claims and mechanics’ liens rights.  Super Lawyers magazine recently recognized him as a 2012 Southwest Rising Star.

D. Kim Lough
Jennings, Haug & Cunningham, LLP
602-234-7824
www.jhc-law.com
Lough devotes a substantial majority of his practice to litigation. He has extensive trial experience in complex construction, employment discrimination and other civil and administrative cases.

Matthew B. Meaker
Sacks Tierney P.A.
480-425-2620
www.sackstierney.com
Meaker has been a business litigator since 2003, with his practice emphasizing providing legal advice to clients on all facets of commercial law and development issues.

William Nebeker
Koeller, Nebeker, Carlson & Haluck, LLP
602-256-0000
www.knchlaw.com
Nebeker practices in the area of insurance litigation defense with an emphasis on personal injury and construction defect litigation.

Kevin P. Nelson
Tiffany & Bosco, P.A.
602-255-6028
www.tblaw.com
Nelson practices extensively in all areas of risk management related to the construction, real estate and mortgage industries.

Kevin E. O’Malley
Gallagher & Kennedy, P.A.
602-530-8430
www.gknet.com
O’Malley is head of the firm’s litigation department.  His practice covers a variety of civil litigation areas.

William J. Simon
Tiffany & Bosco, P.A.
602-255-6004
www.tblaw.com
Simon concentrates in construction related issues, both transactional and litigation. He also practices in insurance and commercial litigation and governmental administrative matters.

David C. Tierney
Sacks Tierney P.A.
480-425-2620
www.sackstierney.com
From 2003-2013, Tierney has been named to The Best Lawyers in America for arbitration, commercial litigation, construction litigation, mediation, and real estate litigation.

Denise J. Wachholz
Renaud Cook Drury Mesaros, PA
602-256-3073
www.rcdmlaw.com
Wachholz is her firm’s chair for the Construction Litigation Practice Group, which focuses on proceedings involving architects, engineers, and other design professionals; contractors, subcontractors, and project managers; and material and equipment suppliers.

Mark Worischeck
Sanders & Parks, P.C.
602-532-5795
www.sandersandparks.com
Worischeck’s practice emphasizes complex civil litigation, primarily in the areas of insurance coverage and insurance bad faith, aviation, construction litigation, directors and officers’ liability, professional liability defense and products liability.

Top Arizona Legal Cases - AZ Business Magazine September/October 2011

2013 Top Lawyers list: Commercial litigation

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.

Edward O. Comitz
Comitz | Beethe
480-998-7800
www.disabilitycounsel.net
Comitz heads the healthcare and disability insurance practice, earning a national reputation for prosecuting disability insurance claims on behalf of individuals based on bad faith and unfair business practices.

John R. (Jack) Cunningham
Jennings, Haug & Cunningham, LLP
602-234-7814
www.jhc-law.com
Cunningham’s practice includes both prosecution and defense of personal injury cases, all types of professional malpractice cases, litigation of insurance coverage and bad faith issues, general commercial litigation, as well as general trial and appellate work.

Garrick Gallagher
Sanders & Parks, P.C.
602-532-5720
www.sandersandparks.com
Gallagher’s practice includes insurance bad faith, insurance coverage, insurance coverage litigation, excess and surplus lines, directors and officers liability, personal injury, wrongful death, products liability, professional negligence, construction, and intellectual property litigation.

Richard H. Himelrick
Tiffany & Bosco, P.A.
602-255-6021
www.tblaw.com
Himelrick chairs Tiffany & Bosco’s Civil and Commercial Litigation Department. He is listed in The Best Lawyers in America, Southwest Super Lawyers, Litigation Counsel of America and Who’s Who in American Law.

Michael K. Kennedy
Gallagher & Kennedy, P.A.
602-530-8504
www.gknet.com
Kennedy, co-founding partner of Gallagher & Kennedy, practices in general civil litigation and serves as local, regional and national counsel to a variety of business clients.

Christopher A. LaVoy
Tiffany & Bosco, P.A.
602-452-2731
www.tblaw.com
LaVoy concentrates his practice in commercial litigation with significant experience in the following areas: business buy-sell disputes; partnership and shareholder disputes; insurance coverage disputes; commercial landlord-tenant disputes; and business torts.

Thomas Littler
Gordon Silver
602-256-0400
www.gordonsilver.com
The focus of Littler’s practice is representing debtors and creditors, trustees, official committees, and secured creditors in reorganizations throughout a wide range of industries including construction, real estate, and technology.

Steven G. Mesaros
Renaud Cook Drury Mesaros, PA
602-256-3002
www.rcdmlaw.com
Mesaros is the firm practice group chair in both the Insurance Coverage and Bad Faith and Professional Liability groups.

Gregory L. Miles
Davis Miles McGuire Gardner, PLLC
480-344-4048
www.davismiles.com
Miles, who has an “AV Preeminent” rating by the Martindale-Hubbell Peer Review Ratings system, focuses his practice on business, commercial litigation and real estate.

Mark A. Nadeau
DLA Piper
480-606-5110
www.dlapiper.com
Nadeau is a published author, with articles concerning trade competition, product liability and dispute resolution for transfers of technology.

Leon Silver
Polsinelli
602-650-2066
www.polsinelli.com
Silver is a trial lawyer with more than 20 years’ experience handling complex commercial and real estate disputes. His clients include national and multi-national retailers, restaurants and manufacturers, and real estate investors and developers.

Donald A. Wall
Squire Sanders
602-528-4005
www.squiresanders.com
Wall has nearly 40 years of experience handling a broad range of commercial litigation and other methods of dispute resolution. He is recognized in the 2013 edition of The Best Lawyers in America.

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2013 Top Lawyers list: Banking

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.

Mark Barker
Jennings, Haug & Cunningham, LLP
602-234-7828
www.jhc-law.com
Barker has a busy commercial transaction practice representing financial institutions and Arizona small businesses.

Mark S. Bosco
Tiffany & Bosco, P.A.
602-255-6006
www.tblaw.com
Bosco has published numerous articles on mortgage banking, default servicing and related topics.

Michael A. Bosco
Tiffany & Bosco, P.A.
602-255-6002
www.tblaw.com
As one of the largest financial services practices in the nation, Bosco represents more than 40 top banks and mortgage lenders including Freddie Mac and Fannie Mae.

Tia Cottey
Bryan Cave LLP
602-364-7012
www.bryancave.com
Cottey’s practice emphasizes all aspects of real estate finance and real estate capital markets, including the representation of lenders, commercial mortgage loan servicers, special servicers, participants, and co-lenders.

Erick S. Durlach
Renaud Cook Drury Mesaros, PA
602-256-3008
www.rcdmlaw.com
Durlach  obtained summary judgment and dismissal of an action against a financial institution relating to claims for fraud, misrepresentation and indemnification.

Susan Gilman
Gordon Silver
602-256-0400
www.gordonsilver.com
Gilman is the chair of the firm’s Finance & Banking Practice Group and focuses her practice in areas of finance, banking and financial institutions/loan program development.

Richard H. Herold
Snell & Wilmer L.L.P.
602-382-6223
www.swlaw.com
A substantial portion of Herold’s work focuses on prosecuting claims for financial institutions, including commercial receiverships, trustee’s sales and post-sale deficiency litigation.

Stephen A. Lenn
Sacks Tierney P.A.
480-425-2619
www.sackstierney.com
Lenn’s practice focuses on banking law and regulation and debt and equity finance. He authored the article “Incentive Compensation for Banks in the Dodd-Frank Era” in February 2012.

Matthew Mehr
Quarles & Brady LLP
602-229-5288
www.quarles.com
Mehr focuses in the areas of real estate, commercial and tax-exempt finance. His experience includes negotiation and documentation of loan workout, extension and modification, and forbearance agreements.

Edmund F. Richardson
Davis Miles McGuire Gardner, PLLC
480-733-6800
www.davismiles.com
Richardson has more than 38 years experience and expertise in business, real estate and lending transactions and litigation in Arizona law firms and as in-house counsel to a real estate development firm.

Mike Ripp
Ryley Carlock & Applewhite
602-440-4823
www.rcalaw.com
Ripp heads up the firm’s banking and finance practice, which was recently recognized in U.S. News & World Report’s inaugural “Best Law Firms” rankings as a “Tier 1” (top tier) practice in the Phoenix market.

Peter Terry
Quarles & Brady LLP
602-230-5506
www.quarles.com
Terry focuses in the areas of banking, commercial finance and real estate development and his experience includes representation of financial institutions in asset based and real estate financing.