Tag Archives: Jennings

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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.

skd258400sdc

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.

Karen Gaylord

Karen Gaylord Named to Board of Directors of Audubon Arizona

Karen Gaylord, a partner with Jennings, Haug & Cunningham’s environmental law services practice, was named to the Board of Directors of Audubon Arizona.

Gaylord’s practice is focused on environmental and natural resource matters. She counsels clients on environmental regulatory matters and assists in developing business strategies that capitalize on environmental opportunities or address regulatory challenges.

She also helps clients negotiate compliance agreements, and has worked extensively on water quality matters throughout Arizona.

The board of directors helps Audubon Arizona continue its mission centered on further building the Nina Mason Pulliam Audubon Center’s high-quality, science-based education programs.

The board also assists with other award-winning programs such as the Appleton-Whittell Research Ranch, River Pathways, the Arizona Important Bird Areas Program, the Urban Hummingbird Project, Birds ‘n Beer, and many others. Audubon Arizona’s mission is to connect people with nature.

Gaylord has received numerous professional recognitions, including being listed as a leading Arizona Environmental Lawyer in Chambers USA® from 2007 to 2012, listed in “The World’s Leading Environmental Lawyers®” by The International Who’s Who of Environmental Lawyers from 2010 to 2013, and listed in The Best Lawyers in America®, for Environmental Law from 2009-2013.

 

legal

Jennings, Haug & Cunningham attorneys earn honors

Eight attorneys from Jennings, Haug & Cunningham were named to The Best Lawyers in America 2013 list, a peer-review ranking publication for the legal profession, in the areas of Construction Law, Construction Litigation, Environmental Law, Personal Injury Defense, Arbitration, and Mediation.  In addition, the firm was again recognized with top honors, being named a 2013 Best Law Firm in America by the same survey.

The firm’s Best Lawyers in America include:

* Mark E. Barker was recognized for the fifth consecutive year for his work in construction law, and construction litigation.

* James Csontos was recognized for the third consecutive year for his practice in construction law, and construction litigation.

* Jack Cunningham was recognized for the first time this year, for his work as defense counsel in personal injury litigation.

* Karen Gaylord was named to the list for the fifth consecutive year for her work in environmental law.

* William F. Haug, was recognized for the sixth consecutive year for his practice in construction law, construction litigation, mediation and arbitration.

* D. Kim Lough was recognized for the sixth consecutive year in construction law, and construction litigation.

* Edward Rubacha was recognized for the second consecutive for his work in construction law, and construction litigation.

* Chad Schexnayder was named to the list for the third consecutive year in construction litigation.

Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 18th edition of The Best Lawyers in America (2012) is based on more than 3.9 million detailed evaluations of lawyers by other lawyers.

KarenGaylord-WilliamHaug-KimLough

Eight Jennings, Haug & Cunningham Partners Earn 'Best Lawyer' Designation in Construction Law

Jennings, Haug & Cunningham announced that eight of the firm’s attorneys were named to The Best Lawyers in America 2013 list, a peer-review ranking publication for the legal profession, in the areas of Construction Law, Construction Litigation, Environmental Law, Personal Injury Defense, Arbitration, and Mediation.

In addition, the firm was again recognized with top honors, being named a 2013 Best Law Firm in America by the same survey.

The firm’s Best Lawyers in America include:

>> Mark E. Barker was recognized for the fifth consecutive year for his work in construction law, and construction litigation.

>> James Csontos was recognized for the third consecutive year for his practice in construction law, and construction litigation.

>> Jack Cunningham was recognized for the first time this year, for his work as defense counsel in personal injury litigation.

>> Karen Gaylord was named to the list for the fifth consecutive year for her work in environmental law.

>> William F. Haug, was recognized for the sixth consecutive year for his practice in construction law, construction litigation, mediation and arbitration.

>> D. Kim Lough was recognized for the sixth consecutive year in construction law, and construction litigation.

>> Edward Rubacha was recognized for the second consecutive for his work in construction law, and construction litigation.

>> Chad Schexnayder was named to the list for the third consecutive year in construction litigation.

 

SkySong

Innovation unites Arizona’s economic engines

When Arizona became a state 100 years ago, it was easy to identify its economic engines, those industries, innovators and locations that drove the state’s economy and employment.

They all started with C — copper, cotton, citrus, cattle and climate.
A decade later, it’s not so easy.

“We must find ways to diversify our economy, including investing in bioscience and technology, health science and innovation,” Phoenix Mayor Greg Stanton says. “We are coming out of the recession, and we need to move forward in a strategic way.”

Today’s economic engines are doing just that. They innovate, they collaborate, and the only one that starts with C is CityScape, and the only copper you’ll find there is Copper Blues Rock Pub and Kitchen and the cotton is at Urban Outfitters.

But today’s economic engines have to clear vision and direction for driving Arizona’s economy during its second century.

The Biodesign Institute at ASU
What it is: The Biodesign Institute at ASU addresses today’s critical global challenges in healthcare, sustainability and security by developing solutions inspired from natural systems and translating those solutions into commercially viable products and clinical practices.
Economic impact: The Biodesign Institute has met or exceeded all of the business goals set in mid-2003 by attracting more than $300 million in external funding since inception, and generating more than $200 million in proposals advanced in 2011 alone.
Companies it has helped grow: Licensed next-generation respiratory sensor technology to a European medical device developer; executed an exclusive license agreement for DNA sequencing technology to Roche, which includes a sponsored research agreement to develop devices in collaboration with Roche and IBM; and launched two Biodesign Commercial Translation companies.
Latest news: Led by electrical engineer, Nongjian Tao, ASU researchers have formulated a new sensor technology that will allow them to design and create a handheld sensor that can contribute to better diagnosis of asthma.
Michael Birt, director of the Center for Sustainable Health at the Biodesign Institute at ASU: “By establishing biosignatures centers, we hope to build a global network that will provide the scale necessary to overcome scientific limitations while creating a global platform to share methods, results and experiences.”

CityScape
What it is: A highrise mixed-use development in Downtown Phoenix consisting of residential, retail, office, and hotel components. The project covers three downtown Phoenix city blocks and is located between First Avenue and First Street, and between Washington and Jefferson streets.
Economic impact: Officials credit the evolution of Downtown Phoenix — led by CityScape — with helping the Valley land the 2015 Super Bowl, which will bring an economic impact of an estimated $500 million.
Companies it has helped grow: In addition to entertainment venues and top-notch restaurants, business leaders calling CityScape home include Alliance Bank, Cantor Law Group,  Fidelity Title, Gordon Silver, Gust Rosenfeld, Jennings, Strouss and Salmon, PLC, Polsinelli Shughart, RED Development, Squire Sanders and UnitedHealthcare.
Latest news: The 250-room boutique hotel, Hotel Palomar Phoenix by Kimpton, opened in June.
Jeff Moloznik, general manager, CityScape:  “The most progressive and entrepreneurial talent in the Valley have convened at CityScape. The impact our tenants’ businesses have brought to Downtown Phoenix is noticeable and significant. In an area that once lacked a central core, there is now energy, creativity, enterprise and excitement all day, every day in once central location.”

Intel

What it is: Intel is a world leader in computing innovation. The company designs and builds the essential technologies that serve as the foundation for the world’s computing devices.
Economic impact: Since 1996, Intel has invested more than $12 billion in high-tech manufacturing capability in Arizona and spent more than $450 million each year in research and development. Intel is investing another $5 billion in its Chandler site to manufacture its industry-leading, next-generation 14 nanometer technology.
Companies it has helped grow: Intel has been a catalyst for helping to create Chandler’s “tech corridor,” which includes Freescale, Microchip Technology, Orbital Sciences, Avnet, Amkor, and Marvell Technologies.
Latest news: Intel and ASU’s College of Technology and Innovation (CTI) are developing a customized engineering degree for some of the chip maker’s Arizona-based employees. The program is based on CTI’s modular, project-based curriculum and upon completion will provide a Bachelor’s of Science in Engineering degree from ASU, with a focus in materials science.
Chandler Mayor Jay Tibshraeny: Intel likes the partnership it has with Chandler, likes doing business in Arizona, and they’re a very good corporate citizen.”

Phoenix Mesa-Gateway Airport

What it is: Formerly Williams Gateway Airport (1994–2008) and Williams Air Force Base (1941–1993), it is a commercial airport located in the southeastern area of Mesa.
Economic impact: The airport helped generate $685 million in economic benefits last year, and the airport supports more than 4,000 jobs in the region.
Companies it has helped grow: Able Engineering & Component Services, Cessna, Hawker Beechcraft, Embraer, CMC Steel, TRW Vehicle Safety Systems Inc..
Latest news: The Airport Authority’s Board of Directors announced Monday the airport will undergo a $1.4 billion expansion. There is also an effort to privately raise $385 million to build two hotels and office and retail space near the airport.
Mesa Mayor Scott Smith: “Phoenix-Mesa Gateway Airport has gone through tremendous growth and expansion and has truly arrived as a major transportation center in the Valley.”

SkySong

What it is: A 1.2-million-square-feet mixed use space that gives entrepreneurs and innovators the resources they need  to grow and thrive, and provide them an exceptional home for when their businesses begin to take off.
Economic impact: Projected to generate more than $9.3 billion in economic growth over the next 30 years, according to an updated study by the Greater Phoenix Economic Council.
Companies it has helped grow: Emerge.MD, Channel Intelligence, Adaptive Curriculum, Alaris, Jobing.com/Blogic, webFilings.
Latest news: Jobing, an online company that connects employers and job seekers nationally, relocated its corporate headquarters from Phoenix to SkySong.
Scottsdale Mayor Jim Lane: “It is hard to think of a business attraction initiative the city has recently used that has not mentioned SkySong as a major attribute. SkySong has a national reputation and as it grows it will continue to elevate Scottsdale’s standing.”

Talking Stick

What it is: This economic engine encompasses a complex that includes the 497-room Talking Stick Resort, Courtyard Marriott Scottsdale Salt River, Casino Arizona at Talking Stick Resort, Talking Stick Golf Club, and Salt River Fields at Talking Stick, the spring training home of the Colorado Rockies and Arizona Diamondbacks.
Economic impact: Salt Rivers Fields аt Talking Stick accounted fоr 22 percent оf the the attendance for Cactus League baseball, which generates more thаn $300 million а yeаr іn economic impact tо the greater Phoenix metropolitan area economy.
Companies it has helped grow: In 2011, nearby Scottsdale Pavilions — which features 1.1 million square feet of select retail and mixed-use properties — became The Pavilions at Talking Stick. Pavilions has added Hobby Lobby, Mountainside Fitness, Buffalo Wild Wings and Hooters.
Latest news: Salt River Fields at Talking Stick will be one of the ballparks selected to host the first round of the 2013 World Baseball Classic in the spring.
David Hielscher, advertising manager, Casino Arizona and Talking Stick Resort: “Our property’s diverse, entertainment-driven culture and convenient locations allow us limitless opportunities for future expansion and development.”

Translational Genomics Research Institute

What it is: TGen is a non-profit genomics research institute that seeks to employ genetic discoveries to improve disease outcomes by developing smarter diagnostics and targeted therapeutics.
Economic impact: TGen provides Arizona with a total annual economic impact of $137.7 million, according to the results of an independent analysis done by Tripp Umbach, a national leader in economic forecasting.
Companies it has helped grow: TGen researchers have collaborated with Scottsdale Healthcare, Virginia G. Piper Cancer Center, Mayo Clinic, Ascalon International Inc., MCS Biotech Resources LLC, Semafore Pharmaceuticals Inc., Silamed Inc., Stromaceutics Inc., SynDevRx Inc., and Translational Accelerator LLC (TRAC). and many others.
Latest news: When TGen-generated business spin-offs and commercialization are included,  Tripp Umbach predicts that in 2012 TGen will produce $47.06 for every $1 of state investment, support 3,723 jobs, result in $21.1 million in state tax revenues, and have a total annual economic impact of $258.8 million.
Michael Bidwill, president of the Arizona Cardinals: “TGen is one of this state’s premier medical research and economic assets, and is a standard-bearer for promoting everything that is positive and forward-looking about Arizona.”

University of Arizona’s Tech Park

What it is: The University of Arizona Science and Technology Park (UA Tech Park) sits on 1,345 acres in Southeast Tucson. Almost 2 million square feet of space has been developed featuring high tech office, R&D and laboratory facilities.
Economic impact: In 2009, the businesses that call Tech Park home had an economic impact of $2.67 billion in Pima County. This included $1.81 billion in direct economic impacts such as wages paid and supplies and services purchased and $861 million in indirect and induced dollar impacts. In total, the Tech Park and its companies generated 14,322 jobs (direct, indirect, and induced).
Companies it has helped grow: IBM, Raytheon, Canon USA, Citigroup, NP Photonics, and DILAS Diode Laser.
Latest news: A 38.5-acre photovoltaic array is the latest addition to the Solar Zone technology demonstration area at Tech Park. Power generated from the facility will be sold to Tucson Electric Power Co., providing power for  about 1,000 homes.
Bruce Wright, associate vice president for University Research Parks:  “By 2011, the park had recaptured this lost employment (resulting from the recession) with total employment increasing to 6,944. In addition, the number of tenants had expanded from 50 to 52 reflecting the addition of new companies in the Arizona Center for Innovation and the development of the Solar Zone at the Tech Park.”

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

Medical Facilities, AZRE May/June 2008

Pin-Point Site: Acquiring Good Sites For Medical Facilities

The growth Phoenix has had in recent years equates to growth in the medical needs of its population. In turn, a greater number of medical facilities are needed within a broader area. The large inner city hospitals and satellite clinics that dominated healthcare for so long are no longer adequate to meet all of our healthcare needs, not because of a lack in quality of care, but because of proximity to the patient.

Sooner or later an organization that provides medical care must acquire a site to better serve the patient population base. The selection, evaluation and acquisition of a new site is unique, more complicated and more likely to run afoul than other non-medical site acquisitions if all of the issues are not identified and addressed before the site is acquired. The following are a few of the issues that a medical care provider must consider before closing on the purchase of a site.

The Contract:

The contract to purchase the site must be carefully negotiated. In the case of medical care facilities, there are at least two issues of particular note: (i) the due diligence period must be long enough to accommodate multiple inquiries and analysis well beyond even the most complex transactions; (ii) if the medical care facility is part of a larger complex, or the seller owns other adjoining property, a set of deed restrictions against the seller’s property should limit or prohibit other competitive medical care providers or incompatible uses of the adjoining property, and the provider should be entitled to enforce the restrictions.

Zoning:

The first step is ensuring that the zoning permits medical care, including the type of medical care, procedures and patients that will be at the facility. The zoning should be comprehensive and there should be no requirement for a special-use permit or further governmental action.

Rezoning Contingency:

If a rezoning special-use permit is required, the contract should provide for an adequate period of time for the medical care provider to acquire the approval or otherwise terminate the contract.

Title Review:

Title should not preclude the variety of activities incidental to medical care, typically involving noise, radiation hazards and environmental and waste materials, which are all commonly prohibited.

Parking:

Medical care facilities require substantial parking. The adequacy and proximity of parking should be confirmed as part of the zoning, any deed restrictions and as a practical matter. There should be the ability to park undercover and immediately adjoin the facility.

Governmental Incentives:

The medical care provider should look at several sites in several different jurisdictions. Most jurisdictions are seeking a greater core for their constituents and some may have the flexibility to offer incentives to induce the provider to locate within its boundaries.

Developer Incentives:

Private developers with a large development may see a medical care facility as a highly desirable amenity to the project. They have an opportunity to seed the development and will grant substantial concessions in price, location, access, infrastructure and signage, just to name a few.

Utility, Other Needs and Incentives:

Larger medical facilities also can require substantial and reliable utility needs. The utilities may be willing, particularly in conjunction with a developer and governmental jurisdiction, to upgrade services from the entire grid by construction of additional substations, wells or plant capacity to meet the needs of the facility.

Specialty Uses:

Some medical care facilities present unique issues, in particular drug abuse/half-way houses or full-care psychiatric facilities. The problem most commonly encountered is finding a location that has the proper zoning and no other restrictions on what would be viewed by neighboring properties as highly undesirable. The provider does not want to acquire a site that requires the approval of what would be certain opposition.

Expansion:

Ultimately, the provider has to look far enough into the future to ensure that it has acquired, or has an option to acquire, a right of first refusal that will give the provider a measure of comfort that, if the need arises, it can still expand and provide centralized service for an extended time. This is not just a question of the amount of land, but the adequacy of the utilities and all other issues revisited as well.

Looking Ahead:

The most valuable part of the process is looking ahead and anticipating to the extent possible what healthcare will look like in the future and determine that there are no constraints to meet those needs.

For more information about Jennings, Strouss & Salmon and acquiring sites for medical facilities, visit jsslaw.com.

Bruce B. May is a real estate lawyer with Jennings, Strouss & Salmon’s Phoenix office. He represents national, regional and local developers, homebuilders, and institutional and individual investors involved in all phases of the investment and development process. He can be reached at 602-262-5923 or Bmay@jsslaw.com.

AZRE Magazine May/June 2008