Tag Archives: Ryley Carlock & Applewhite

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Ryley Carlock Named to the ‘Best Law Firms’

Ryley Carlock & Applewhite announced that the firm has been listed by the U.S. News – Best Lawyers® “Best Law Firms” as a National Tier 3, Metropolitan Tier 1 and Metropolitan Tier 2 firm in 24 categories.

National Tier 3 Rankings:
• Environmental Law
• Litigation – Labor & Employment

Metropolitan Tier 1:
Arizona
• Banking and Finance Law
• Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
• Commercial Litigation
• Corporate Law
• Employee Benefits (ERISA) Law
• Employment Law – Management
• Energy Law
• Labor Law – Management
• Litigation – Labor & Employment
• Water Law

Metropolitan Tier 3:
Arizona
• Environmental Law
• Information Technology Law
• Litigation – Bankruptcy
• Natural Resources Law
• Public Finance Law
• Technology Law
• Trusts & Estates Law

Cityscape2-srp-azbigmedia2014-023

Mix Things Up

Jeff Molosnik

Jeff Molosnik

Mike Ripp

Mike Ripp

Howard Weiss

Howard Weiss

Too many cooks in the kitchen can spoil a soup, but with the right mix of experience, demand and legal advice, mixed-use developments can turn into a wildly successful, complementary group of projects.

Mixed-use developments are on the rise in Phoenix Metro as office buildings see the benefit of offering employees a place to work, shop, eat and seek entertainment in thriving community environments. To get one off the ground, though, requires a lot of collaboration and the clearing of many potential legal hurdles.

“The homeowner, the office tenant, the shopkeeper and the restaurant owner – each have concerns involving the layout, structure, location and function generally, including issues dealing with hours of operation, access (both pedestrian and vehicular), noise, security, costs, landscaping, utilities, insurance and so forth,” says James Connor, shareholder at Gallagher & Kennedy, P.A. “The various interests of the users may not always be aligned, and in fact, often may be in conflict.

“Creating the fundamental governing and controlling development agreements to serve all interests of the various users, while not undermining the value as an investment nor impeding the ability to obtain financing, is challenging,” Connor adds. “These agreements must deal with not only the development and construction periods, but of course, the indefinite life of the project for decades (if not longer) in duration.”

While drafting agreements that make everyone happy (enough) is key to the success of a mixed-use development. The financing is perhaps one of the biggest non-starters.

“Because most developers have a goal of selling the project upon realization of stabilized cash flow, care must be provided to allow for each component to be able to be defined and conveyed, in order to market parcels to the strategic investors,” Connor says. “Put another way, a REIT which invests solely in office projects will have little appetite to acquire a parcel which includes retail, residential or other uses.”

Experts note that mixed-use projects are increasingly a response to less available land for new development in dense metropolitan areas.

“What makes a given mixed-use project unique depends to a significant extent on whether you are dealing with a ‘vertical’ or a ‘horizontal’ mixed-use project, and whether the project is being developed by a single developer or multiple developers,” says Mike Ripp, an attorney at Ryley Carlock & Applewhite.

Vertical projects, he says, are the most complicated type of mixed-use development.

“The uses are more physically interdependent on each other and that components on the lower floors may need to be in use before the upper floors are complete,” he says.
“The reason these projects are becoming more popular is because people like to live, work and play all in the same area. People like having access to these types of things,” says Nussbaum, Gillis & Dinner attorney Howard Weiss.

From a consumer standpoint, mixed-use developments make life easier. That said, it’s a long journey to the “parcelization scheme” that will grab investors, developers and tenants.

“As mixed-use projects become more prevalent nationally, it is likely that standard ways of handling the more common mixed-use project issues will evolve and gain acceptance,” says Ripp.
“Some lenders find mixed-use projects difficult to evaluate because of the lack of real comparables,” Ripp says, adding that underwriting the many components of development and being able to judge whether a developer has sufficient experience all the product types are also of concern to lenders.

Every single use at CityScape was financed independently of the others. It built a hotel, occupied it and then built apartments above. Instead of phases expanding horizontally, CityScape expanded vertically.

“The idea of having to vertically finance the phasing of a mixed-use project has been one of the most complicated things we’ve had to do here,” says Jeff Moloznik, general manager of CityScape. “That part of it was far and away one of the most interesting and intricate elements of what happened,” says Moloznik of the design and engineering work as well as the financing of the CityScape phases, which happened over a seven-year span.

Additionally, Weiss points out, discrepancy between parking ratios for the different components can sometimes occur. Another issue, he says, comes to leasing. As a tenant, he says, you may not have as much control over eliminating competition — for instance, being the only sub shop in the complex. Operating expenses, too, are important to define for the respective uses.

The expenses for elevators, cleaning and janitorial services or security are not always shared by all the tenants in a mixed-use development, he adds, citing the vertical and disjointed CityScape as an example.

“There’s always an issue with the allocation of these expenses,” says Weiss.

It is easier, he says, for projects such as Kierland or Scottsdale Waterfront, which have different components in different buildings — spread horizontally. “In that type, from a legal perspective, you’ll deal with reciprocal easement (REAs) and operational agreements,” says Weiss.

That means that during development, if different components are owned or developed by separate companies, they can sign an agreement that allows for the most beneficial coexistence through contractual obligation.

“There are a lot of commercial leases out there, but at the end of the day a landlord wants a lease that specifically works with their project,” says Weiss. “Because each one has a unique component, and depending on the developer, I would say this would be handled more on a case by case basis.”

18 Ryley Carlock & Applewhite attorneys earn recognition

Ryley Carlock & Applewhite announced that 18 attorneys have been selected for inclusion in the 2015 edition of The Best Lawyers in America®. Additionally, Phoenix shareholder Michael D. Moberly is named Best Lawyers’ 2015 Phoenix Litigation – Labor and Employment “Lawyer of the Year.” Only a single lawyer in a practice area in the community is selected for this honor.

The 18 attorneys named as Best Lawyers include:

ARIZONA
Fredric D. Bellamy (Information Technology Law; Technology Law)
James E. Brophy (Banking and Finance Law; Corporate Law; Employee Benefits (ERISA) Law; Litigation – Labor & Employment)
John J. Fries (Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law; Litigation – Bankruptcy)
W. Scott Jenkins, Jr. (Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law)
John Lemaster (Commercial Litigation)
W John Lischer (Trusts and Estates)
William B. McManus (Commercial Litigation)
Michael Moberly (Employment Law – Management; Litigation – Labor and Employment)
Nathan R. Niemuth (Employment Law – Management; Labor Law – Management)
Rodolfo Parga, Jr. (Commercial Litigation; Employee Benefits (ERISA) Law; Litigation – Labor and Employment)
Michael Ripp (Banking and Finance Law)
Sheryl A. Sweeney (Energy Law; Environmental Law; Natural Resources Law; Water Law)
Michele L. Van Quathem (Water Law)
William F. Wilder (Corporate Law; Public Finance Law)

COLORADO
Richard C. Kaufman (Administrative/Regulatory Law)
Brian M. Nazarenus (Water Law)
David M. Powell (Real Estate Law)
Jonathan H. Steeler (Corporate Law; Environmental Law)

Arizona’s 25 Most Influential Minority Business Leaders

What would you do it you opened the pages of this magazine and saw Jerry Colangelo listed as one of the 25 Most Influential Minority Business Leaders in Arizona? You’d do a double take, but it’s not out of the realm of possibilities.

Consider this: Among 439,633 Arizonans under age 5 in 2012, this is how the Census broke down those numbers:

• Hispanic: 196,776 (44.8 percent)
• Non-Hispanic white: 171,888 (39.1 percent)
• American Indian and Alaska Native: 22,198 (5 percent)
• Black: 18,617 (4.2 percent)
• Asian: 11,311 (2.6 percent)
• Two or more races: 18,088 (4.1 percent)
• Native Hawaiian/Pacific Islander: 755 (0.17).

If you combine numbers like that with the fact that 91.7 percent of the nation’s population growth between 2000 and 2010 was attributed to racial and ethnic minorities, with the largest segment of population growth occurring in the Hispanic community, lists like this — the 25 Most Influential Minority Business Leaders in Arizona of 2014 — could become obsolete in our lifetimes.

Until we get there and as our state’s minority population moves toward majority status, it’s important to notice that the state’s most dynmanic business leaders have helped fuel our economic recovery and growth … and many of them just happen to be minorities. And while the future looks bright, we still have work to in overcoming outdated perceptions. According to a 2012 Minority Business Enterprise Report commissioned by the Arizona Hispanic Chamber of Commerce and the Phoenix MBDA Business Center, a significant portion of minority-owned businesses in Arizona have had problems earning the trust of their customers, suppliers, peers and lenders and need support from within the business community to help break down some of these misconceptions and stigma.

The 25 Most Influential Minority Business Leaders in Arizona, whom you will meet below, have changed that perception.


Benito AlmanzaBenito Almanza
Arizona president
Bank of America
Heritage: Mexican-American
A graduate of Stanford University and the University of Santa Clara, Almanza has been with Bank of America for 34 years. He is a member of the Teach for America Arizona Board.
His hope for professional legacy: “Working every day with great teammates to make our community better and surrounding myself with strong leaders and developing them to replace me.”

Glynis BryanGlynis Bryan
CFO
Insight Enterprises Inc.
Heritage: Jamaican
Bryan is responsible for setting the company’s financial strategies; ensuring the company has the appropriate financial and operating controls and systems in place to support future growth; and serving as a financial and business advisor to the leadership team.
Her hope for professional legacy: “Setting a standard of excellence in an organization and helping teammates reach their full potential.”

Debbie CottonDebbie Cotton
Director
Phoenix Convention Center
Heritage: African American
Cotton manages a staff of 240 employees, a budget of $47.5 million and is the city’s chief representative to the state’s tourism and hospitality industry.
Her hope for professional legacy: “Throughout my career, I’d like to be remembered for adhering to high ethical standards and inspiring individuals to pursue careers within public service.”

Gonzalo de la Melena Jr.Gonzalo de la Melena Jr.
President and CEO
Arizona Hispanic Chamber of Commerce
Heritage: Peruvian and Mexican
De la Melena, who directs the state’s leading advocate representing more than 60,000 Hispanic business enterprises, has 20 years of global brand management, business development and Latino marketing experience gained from conducting business in more than 30 countries.
His hope for professional legacy: “For helping the lifeblood of our economy, small businesses, prosper – especially minority-owned businesses, now one-fourth of Arizona’s total. Our future global competitiveness depends on it.”

Diane EnosDiane Enos
President
Salt River Pima-Maricopa Indian Community
Enos is the 23rd president of the Salt River Community and the second women elected to the office. Enos is the first member of the Community to become a lawyer and practiced in the Maricopa County Public Defender’s Office for 11 years.
Heritage: Onk Akimel O’Odham, or one of the River People otherwise known as Pima
Her hope for professional legacy: “The top qualities I’d like to be remembered for is someone who was unafraid to try something new and to do it with integrity for the good of my people.”

rufusRufus Glasper
Chancellor
Maricopa Community Colleges
Heritage: African American
As the CEO of one of the nation’s largest systems of community colleges, he is leading MCCCD to address the community’s education and workforce training needs.
His hope for professional legacy: “An educator who focused on human rights and education for first-generation college students, quality healthcare, workforce and jobs, and re-framing an institution for the future.”

Deborah GriffinDeborah Griffin
President of the board of directors
Gila River Casinos
Heritage: Gila River Indian Community member and Mexican-American
Griffin leads Arizona’s largest minority-run business with more that 2,500 employees.
Her hope for professional legacy: “I would like to be remembered for creating a legacy of self-sufficiency and volunteerism in my community. My Tribe needs only to seek within themselves and have confidence in the beauty of their abilities to continue this legacy.”

Edmundo HidalgoEdmundo Hidalgo
President and CEO
Chicanos Por La Causa
Heritage: Mexican-American
His hope for professional legacy: “I would like to be remembered as someone who made a difference in the community. The Hispanic community is at a breakaway point because of our demographics and the opportunities we establish for our youth will have a tremendous impact on our state. As the Hispanic community goes, so will the State of Arizona. My focus has always been in support of education and ensuring that young people get the opportunities I received as I was beginning my career. I am blessed to have been mentored by many individuals who were willing to invest in me and I have the responsibility to do the same.”

leezieLeezie Kim
Partner
Quarles & Brady
Heritage: Korean-American
Kim returned to Quarles & Brady after four years of service as a White House appointee to the U. S. Department of Homeland Security and as general counsel to Arizona Gov. Janet Napolitano.
Her hope for professional legacy: “As a trusted counselor to and partner with leaders in business, government and politics who found new ways to get things done that make life a little better for us all.”

david_kongDavid Kong
President and CEO
Best Western International
Since he was named president and CEO in 2004, Kong has guided Best Western International through a brand resurgence, winning numerous awards for training, social media and ecommerce initiatives. Brand Keys ranked Best Western No. 1 in customer loyalty for four consecutive years.
Heritage: Asian
His hope for professional legacy: “I’d like to be remembered for having made a positive difference – in Best Western, in the industry and the lives of all our associates and our hotel staff.”

paulPaul Luna
President and CEO
Helios Education Foundation
Luna leads Helios Education Foundation, a philanthropic organization dedicated to creating opportunities for individuals in Arizona and Florida to succeed in postsecondary education. He is the former president of Valley of the Sun United Way and has held positions with Pepsi, IBM and the Office of Governor Bruce Babbitt.
Heritage: Hispanic
His hope for professional legacy: “That I cared about our community and helped make it better.”

steve_maciasSteve Macias
President and CEO
Pivot Manufacturing
Macias serves on the Governor’s Council on Small Business and is co-chair of the Supply Chain/Buy Arizona Committee, which is exploring ways government can help promote Arizona businesses.
Heritage: Hispanic
His hope for professional legacy: “Someone who made a positive impact in promoting manufacturing as a worthwhile and valuable industry that provides quality jobs to the community.”

louis_manuelLouis J. Manuel, Jr.
Chairman
Ak-Chin Indian Community
Heritage: Tohono O’odham Nation and Ak-Chin Indian Community
Manuel has diversified his Community’s economy with Ak-Chin Farms, Harrah’s Ak-Chin Casino, Santa Cruz Commerce Center and a partnership with the Super Bowl Host Committee.
His hope for professional legacy: “That my decision making gave value and sustainability in promoting a strong future and self-reliance for the people I serve.”

clarenceClarence McAllister
President and CEO
Fortis Networks
Heritage: Black Latino
McAllister was born in Panama and earned degrees in electrical engineering from ASU and an MBA from Nova Southeastern University. In 2000, he and his wife Reyna started Fortis, a certified 8a and HUBZone government contractor specialized in engineering, construction and technology services.
His hope for professional legacy: “As an immigrant who came to this country in search of the American Dream, and built a business that employs more than 100 Americans.”

alfred_molinaAlfredo Molina
Chairman
Molina Jewelers
Heritage: Hispanic
Molina went from fleeing Cuba as a boy without a change of clothes to rocking the jewelry world by selling the Archduke Joseph diamond for $21.5 million, the most ever paid at auction for a colorless diamond.
His hope for professional legacy: “I would like to be remembered as someone who made a difference. I believe that every individual is a precious jewel and it is my commitment and social responsibility to ensure they become brilliant.”

rodolfo-pargaRodolfo Parga, Jr.
Managing shareholder
Ryley Carlock & Applewhite
Heritage: Mexican
Parga has been named in multiple editions of Southwest Super Lawyers®, including in 2014. He also serves on the doard of Chicanos Por la Causa, a leading nonprofit helping advance and create economic and educational opportunities.
His hope for professional legacy: “I would like to be remembered as always trying my best to do the right thing, and being fair and loyal.”

Dan PuenteDan Puente
Owner
D.P. Electric
Heritage: Hispanic
Puente founded D.P. Electric in 1990 out of his garage with one truck and has built it into the largest Hispanic-owned company in Arizona.
His hope for professional legacy: “As an individual who created a company that set industry standards, gave back to an industry generous with opportunity and helped people grow personally and professionally.”

terry_ramblerTerry Rambler
Chairman
Arizona Indian Gaming Association
Heritage: San Carlos Apache Tribe
In addition to his AIGA leadership role, Rambler is chariman of the San Carlos Apache Tribe and president of the Inter Tribal Council of Arizona.
His hope for professional legacy: “Strong vision, consistent oversight, yet humble leadership that helped build successful partnerships in economic development, cultural preservation, and the expansion of tribal sovereignty.”

Terence-RobertsTerence Roberts, M.D., J.D.
Radiation oncologist
Banner MD Anderson Cancer Center
Heritage: African-American
Roberts specializes in stereotactic radiosurgery and tumors of the brain, spine, and prostate. He also received a law degree from Stanford University and practiced corporate law in the Silicon Valley for start-up companies.
His hope for professional legacy: “I would like to be remembered professionally as compassionate, knowledgeable and having integrity. Also as someone who innovated in an era of health care reform.”

Steve SanghiSteve Sanghi
Chairman, CEO and president
Microchip Technology
Heritage: Indian
Sanghi, named president of Microchip in 1990, CEO in 1991 and chairman in 1993, is the author of “Driving Excellence: How The Aggregate System Turned Microchip Technology from a Failing Company to a Market Leader.”
His hope for professional legacy: “For building Microchip Technology into one of the most successful semiconductor companies, which achieved an unprecedented 100 consecutive profitable quarters in a brutally competitive industry.”

roxanne_song_ongRoxanne K. Song Ong
Chief presiding judge
Phoenix Municipal Court
Heritage: Chinese American
Song Ong, who chair the Arizona Supreme Court Commission on Minorities, was the first Asian female judge in Arizona and first minority to be named as Phoenix chief judge.
Her hope for professional legacy: “It would be my great honor to be remembered for three primary things: (1) my work in judicial and civics education, (2) the promotion of cultural competency and diversity in the judicial and legal profession, and (3) promoting access to justice for all Arizonans through legal services and education.”

Charlie-ToucheCharlie Touché
Chairman and CEO
Lovitt & Touché, Inc.
In 2004, Touché became chairman and CEO of one of the largest insurance agencies in the United States, with nearly 200 employees in three offices and more than $300 million in total premiums.
Heritage: Hispanic
His hope for professional legacy: “I’m proud to say that during this entire century, we’ve remained a client-driven, hands-on kind of company with people who will roll up their sleeves and jump in the trenches to help those we do business with.”

lisa_uriasLisa Urias
President and CEO
Urias Communications
Heritage: Mexican
Urias has built an award-winning advertising, marketing and public relations agency that specializes in the diverse markets of the American Southwest, particularly the Hispanic market.
Her hope for professional legacy: “Having a nationally-known agency that successfully connects corporations to multicultural markets through ad campaigns, public relations and community outreach for mutual benefit and respect.”

lonnie_williamsLonnie J. Williams, Jr.
Partner
Stinson Leonard Street LLP
Heritage: Black
The Yale graduate’s practice focuses on commercial business and employment-related matters. He is a fellow of the American College of Trial Lawyers, one of the premier legal associations in America.
His hope for professional legacy: “Martin Luther King said, ‘if it falls your lot to be a street sweeper, go on out and sweep streets like Michelangelo painted pictures.’ Professionally, I would like to be remembered like that street sweeper.”

kuldip_vermaKuldip Verma
CEO
Vermaland
Heritage: East Indian
Vermaland, founded by Verma, holds more than 24,000 acres of land in Arizona with a portfolio valued at $500 million. Nabha, the tiny Indian village Verma was born in, could fit many times into the acreage he now controls in the desert Southwest.
His hope for professional legacy: “I saw a dream and pursued it. Success without humility is a curse, but Success with your values intact is a blessing.”

lawyer

Ryley Carlock & Applewhite Elects 3 Shareholders

Ryley Carlock & Applewhite announced that Jessica A. Benford, Darrell S. Husband and Andy M. Kvesic have been elected as shareholders in the firm.

Benford counsels clients on a wide variety of corporate matters, including formation and governance, capital raising strategies, private placements, and mergers, acquisitions and other business combination transactions. She received her J.D. from the University of Chicago Law School in 2006.‎

Husband represents and advises financial institutions, regional banks, private lenders, developers, builders and various other business entities and individuals in a wide variety of financial, corporate and real estate transactions. He received his J.D. from Pepperdine University School of Law in 2002.

Kvesic focuses on complex commercial litigation and includes prosecuting and defending civil claims related to real estate disputes, business torts, loan fraud, securities fraud, lender liability, class actions, and bankruptcy. He received his J.D. from the University of San Diego School of Law in 2006.

parga

Leadership spotlight: Rodolfo Parga, Jr.

Rodolfo Parga, Jr.
Managing shareholder
Ryley Carlock & Applewhite
rcalaw.com

Parga, elected managing shareholder in 200, is recognized as an accomplished trial attorney and has been named as one of the Valley’s most admired CEOs. He is also a community leader, recently serving as chairman of the board of Chicanos Por La Causa.

Biggest challenge: “Navigating the Great Recession has been the biggest challenge I have faced.  The traditional model of the practice of law has been fundamentally changed.  Fortunately, well before the Great Recession, our firm had already embraced different business models with the continued focus of providing exceptional legal services while providing the best value for our clients.”

Best advice received: “The best business advice I ever received was from my parents. They told me do the right thing, treat people with respect and good things will follow.”

Best advice to offer: “Do not allow the fear of failure to dictate the vision of your business.”

Greatest accomplishment: “Every day, we provide creative legal solutions to our clients and help them reach their business objectives, and we do this while fostering a vibrant, inclusive workplace where people can develop and succeed.   never forget how much our clients, and our people, rely on us to perform our jobs at the highest level.”

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Andy Landeen joins Ryley Carlock

Ryley Carlock & Applewhite added attorney Andrea (Andy) Landeen to the firm’s Creditors’ Rights and Bankruptcy, Lending and Commercial Litigation practice groups, where she will continue her practice of representing lenders and other creditors in pre- and post-judgment litigation.

“We’re very excited about what Andy brings to the firm as well as our creditors’ rights and bankruptcy team,” said Scott Jenkins, Jr. who leads the firm’s lending, creditor’s rights and bankruptcy group.  “With Andy’s diverse experience, she will help us better serve our expanding client base.”

Prior to joining the firm, Andy also represented debtors in litigation in involving commercial real estate transactions arising from judicial and non-judicial foreclosures, as well as representing sub-contractors and materialmen in construction defect and/or mechanics’ lien dispute in both state and federal courts, and the Arizona Registrar of Contractors.

“I am so excited to join Ryley Carlock & Applewhite not only because of the culture of professionalism, teamwork and commitment to excellence for which the firm is known, but also because of the balanced approach and high regard this firm has towards its attorneys as well as its clients.  I look forward to working with my team and growing with the firm.”

Landeen attained her law degree, cum laude from the Sandra Day O’Connor College of Law, Arizona State University and her undergraduate summa cum laude from Smith College.

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Ryley Carlock Expands its Litigation Practice

Ryley Carlock & Applewhite has added Lisa Wahlin to the firm’s Litigation Practice Group.

“Lisa Wahlin’s practice is a great fit for our growing litigation group,” stated Managing Shareholder Rodolfo Parga. “Many of our governmental clients and their staff need legal assistance and Lisa brings a wealth of knowledge and experience to help guide them in their efforts.”

Wahlin joins an established Litigation Practice Group, that represents clients throughout the United States and internationally, offering legal counsel from start-up companies to mature businesses.

“I am passionate about working with government agencies and their employees and helping them to resolve claims and lawsuits in a manner that best serves the interests of the agency and the public,” stated Wahlin. “I am thrilled to join the distinguished lawyers at Ryley Carlock & Applewhite and committed to continuing to provide the highest level of service to my clients.”

Prior to joining the firm, Wahlin dedicated the first 16 years of her practice to public service, working for various government agencies as prosecutor, police legal advisor, and civil litigator. Since transitioning to private practice, she has continued to focus on defending and advising governmental entities in a variety of areas. In addition to her litigation experience, Lisa has served as a legal advisor to law enforcement agencies and was a frequent instructor on search and seizure and laws of arrest at the Arizona Law Enforcement Academy from 1999 to 2004. Lisa has also aided various government entities in responding to and litigating issues arising out of public records requests. Wahlin’s practice has also included insurance defense, emphasizing cases involving negligence, wrongful death and personal injury, and defamation.

Wahlin earned her law degree from the Sandra Day O’Connor College of Law at Arizona State University in 1991, and earned her undergraduate degree in Microbiology from Texas A & M University.

legal

Ryley Carlock Attorneys Selected by Chambers USA

Ryley Carlock & Applewhite had six attorneys from its Phoenix office selected as Leading Lawyers for Business in Arizona by Chambers & Partners.

“We are tremendously grateful to our clients who provided Chambers with the valuable insight into the work we provide for them,” said Managing Shareholder, Rodolfo Parga. “Chambers USA is a highly rigorous process and is a strong reflection of our commitment to understanding the challenges our clients face as business leaders. We are very honored to have received this acknowledgment for our lawyers.”

Chambers USA, the world’s leading guide to the legal profession, released its 2013 rankings for lawyers and practice groups. Chambers rankings are based on submissions put forward by law firms, interviews during the course of research and Chambers’ own database resources. Law firms and individual lawyers are ranked in bands from 1-6, with 1 being the highest ranking.

Ryley Carlock attorneys selected are:

Fredric D. Bellamy, Arizona, Litigation
James E. Brophy, Arizona Corporate and M&A
Michael D. Moberly, Arizona, Employment Law
Nathan R. Niemuth, Arizona, Labor and Employment Law
Michael Ripp, Arizona, Real Estate and Lending
Sheryl A. Sweeney, Arizona, Environmental, Water Rights

Chambers & Partners have been publishers since 1969. They are located in London, England, and publish United Kingdom, USA, and Global guides to the legal profession. Additional information regarding Chambers & Partners, its guides, and the selection process they use to determine the leading lawyers in the United Kingdom, the USA, and the World is available at http://www.chambersandpartners.com/.

Ryley Carlock & Applewhite Managing Shareholder Rodolfo Parga.

Ryley Carlock's Parga Featured in 'Legal Visionaries'

Ryley Carlock & Applewhite Managing Shareholder, Rodolfo Parga, Jr. was featured in the newly published book, “Legal Visionaries, How to Make their Innovations Work for You”.  In partnership with 27 legal visionaries from around the country, Authors David Galbenski and David Barringer interviewed this team of innovators to provide a guide to legal practitioners how others have dealt with record economic challenges, changes in the legal profession, and the formulation of new ways to achieve success.  The authors say it best, “The visionaries whose interviews were collected  … have taken significant steps to improve the business of law … .” The book provides different perspectives from within the legal community about dealing with change and risk in the legal profession.  As Rudy Parga, Managing Shareholder of Ryley Carlock, observed:

“Lawyers are always assessing risk and finding ways to limit it, but sometimes being a good entrepreneur is not about that.  It’s about taking a leap of faith and forging ahead on some of these fronts.  All of us have to deal with a new reality.  That reality includes alternative fees, new operating models, unbundling, and defining and building new client relationships.” Parga states.

Ryley Carlock & Applewhite Managing Shareholder Rodolfo Parga.

Ryley Carlock’s Parga Featured in ‘Legal Visionaries’

Ryley Carlock & Applewhite Managing Shareholder, Rodolfo Parga, Jr. was featured in the newly published book, “Legal Visionaries, How to Make their Innovations Work for You”.  In partnership with 27 legal visionaries from around the country, Authors David Galbenski and David Barringer interviewed this team of innovators to provide a guide to legal practitioners how others have dealt with record economic challenges, changes in the legal profession, and the formulation of new ways to achieve success.  The authors say it best, “The visionaries whose interviews were collected  … have taken significant steps to improve the business of law … .” The book provides different perspectives from within the legal community about dealing with change and risk in the legal profession.  As Rudy Parga, Managing Shareholder of Ryley Carlock, observed:

“Lawyers are always assessing risk and finding ways to limit it, but sometimes being a good entrepreneur is not about that.  It’s about taking a leap of faith and forging ahead on some of these fronts.  All of us have to deal with a new reality.  That reality includes alternative fees, new operating models, unbundling, and defining and building new client relationships.” Parga states.

Ryley Carlock & Applewhite Managing Shareholder Rodolfo Parga.

Ryley Carlock Attorneys Named to Southwest Super Lawyers

Ryley Carlock & Applewhite had 15 attorneys from its Phoenix office selected for inclusion in the 2013 Southwest Super Lawyers and Rising Stars.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

Each year, no more than five percent of the Southwest Super Lawyers in the state are selected by the research team at Super Lawyers to receive the honor of Super Lawyers.  Additionally, the designation of Rising Stars is no more than 2.5 percent of lawyers in Arizona and New Mexico who are 40 years of age or younger, and in practice for 10 years or less. The list of Southwest Super Lawyers® includes shareholders:

• Fredric D. Bellamy – Intellectual Property/Litigation
• James E. Brophy, III – Banking
• John J. Fries – Bankruptcy
• John C. Lemaster – Business Litigation
• Michael D. Moberly – Labor and Employment
• Nathan R. Niemuth – Labor and Employment
• Rodolfo Parga, Jr. – Business Litigation
• Michael P. Ripp – Banking

The following attorneys were selected for inclusion as Southwest Super Lawyers Rising Stars:

• Albert H. Acken – Environmental
• Jessica Benford – Business/Corp
• Charitie L. Hartsig – Labor and Employment
• William S. Jenkins, Jr. – Bankruptcy
• Andrew M. Kvesic – Business Litigation
• Andrea G. Lovell – Labor and Employment
• Samuel L. Lofland – Energy

minorities

Language issues become workplace legal issues

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Test

Ryley Carlock Expands Corporate Practice in Phoenix

Ryley Carlock & Applewhite has added Amber D. Curto as an associate in the firm’s Estate Planning and Corporate Practice Groups.

“Ryley Carlock is committed to the recruitment of young talented attorneys like Amber, who can assist our shareholders in finding the best possible solutions for our clients,” stated Managing Shareholder Rodolfo Parga. “Amber brings together the legal capabilities and a strong commitment to our community that our firm values.”

Curto joins an established Corporate Law and Estate Planning Practice Groups, who represent hundreds of clients throughout the United States and internationally, offering legal counsel from start-up companies to mature businesses.

“I enjoy taking a client centered approach to estate planning to make sure that all details, whether it be in a simple estate or a complex trust administration, are taken care of,” stated Curto, “and having the ability to learn from and work with John Lischer and the other experienced and knowledgeable attorneys within this practice group will give me the ability to assist my clients in new and innovative ways.”

Prior to joining the firm, Curto clerked for the Honorable Judge Glenn Davis of the Arizona Superior Court and was an Associate for an Arizona estate planning firm.  She earned her law degree from California Western School of Law, San Diego, California, in 2011 and earned her Bachelor of Science, Summa Cum Laude 2008, from Arizona State University.  While in law school, she was a member of the Moot Court Honors Board as well as President of the Business Law Society. Her community service endeavors have included Girl Scouts of America, Project C.U.R.E. and Crisis Nursery. As a part of Ryley Carlock & Applewhite, Curto looks forward to continuing her community involvement by volunteering her time for local boards and organizations.

gavel

Az Business Top Lawyers list: Healthcare

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

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

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

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

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

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

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

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

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

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

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

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

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

charitable trust

Top Lawyers list: Estate/trust 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.

Trisha Baggs
Quarles & Brady LLP
602-229-5381
www.quarles.com
Baggs’ practice focuses on estate planning, probate and trust administration. Baggs provides simple and sophisticated estate planning advice.

William A. Clarke
Jennings Strouss
602-262-5886
www.jsslaw.com
Clarke has worked with numerous Arizona business families in estate planning, general business matters (including business succession planning), corporate transactions, and real estate transactions.

Robert Dyer
Polsinelli
602-650-2049
www.polsinelli.com
Dyer serves general contractors, owners and others in the construction industry, as well as commercial and probate litigants.

James A. Fassold
Tiffany & Bosco, P.A.
602-452-2720
www.tblaw.com
Fassold is a shareholder at Tiffany & Bosco who concentrates his practice on probate and trust litigation, estate administration, elder law, and appeals.

J. Noland Franz
Buchalter Nemer
480-383-1861
www.buchalter.com
Franz is certified by the State Bar of Arizona as an Estate & Trust Specialist, and he focuses his practice on estate planning, asset protection, probate, business, tax, and related litigation and appeals.

Lauren Garner
Jaburg Wilk
602-248-1042
www.jaburgwilk.com
Garner’s case highlights include deftly negotiating the settlement of a trust dispute, avoiding the need for costly litigation.

Alisa J. Gray
Tiffany & Bosco, P.A.
602-452-2719
www.tblaw.com
Gray is a shareholder at Tiffany & Bosco who concentrates her practice on probate and trust litigation, estate administration, elder law and mediation.

Charitie Hartsig
Ryley Carlock & Applewhite
602-440-4898
www.rcalaw.com
Hartsig practices in the areas of labor & employment law, general commercial litigation, probate litigation, and appellate advocacy.

Jeffrey Manley
May, Potenza, Baran & Gillespie
602-774-3505
maypotenza.com
Manley practices in the areas of estate planning, estate and trust administration, and corporate law focusing on counseling high-net-worth individuals, families and closely held business organizations.

Phoebe Moffatt
Sacks Tierney P.A.
602-268-4700
www.sackstierney.com
Moffatt is a certified specialist in estate and trust law, as certified by the Arizona Board of Legal Specialization and the State Bar of Arizona.

James Ryan
Quarles & Brady LLP
602-229-5706
www.quarles.com
Ryan practices in the area of complex commercial litigation, litigation involving direct sales companies and distributors, civil racketeering litigation, business torts, actions for breach of contract, and class actions.

Robert N. Sewell
Davis Miles McGuire Gardner, PLLC
480-344-4036
www.davismiles.com
Sewell’s litigation experience involves cases in federal, state and administrative settings. He has also resolved disputes through mediation, arbitration, as well as bench and jury trials.

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.

law

2013 Top Lawyers list: Employment and labor

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.

Adrian L. Barton
Sacks Tierney P.A.
480-425-2629
www.sackstierney.com
Barton has several labor-related publications, including “Employee Voting Rights: Arizona Employer Obligations,” “Social Networking and the Workplace,” and “Reducing the Risk of Wrongful Termination.”

James L. Blair
Renaud Cook Drury Mesaros, PA
602-256-3020
www.rcdmlaw.com
Blair is his firm’s chair of the Employment Law and Litigation Practice Group and was a contributor to the “Compendium of Significant Employment-Related Case Law and Statutes,” ALFA International, from 2003-2009.

Joseph T. Clees
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
602-778-3700
www.ogletreedeakins.com
Clees represents employers throughout the United States in discrimination and wrongful discharge cases and labor relations.

Scott Gibson
Davis Miles McGuire Gardner, PLL480-344-0918
www.davismiles.com
Over the years, Gibson has developed a reputation for his uncanny ability to quickly discern the most important issues in a case and to focus on ways to resolve rather than to expand litigation.

Donald Peder Johnsen
Gallagher & Kennedy, P.A.
602-530-8437
www.gknet.com
Johnsen practices exclusively in the area of employment and labor law and has been listed in “The Best Lawyers in America” from 2007-2013.

Pamela L. Kingsley
Tiffany & Bosco, P.A.
602-255-6015
www.tblaw.com
Kingsley’s counseling and advice often includes drafting and analyzing agreements for employment and severance, confidentiality, non-competition, and non-solicitation; policies for sexual harassment and oppressive or violent conduct, drug testing, safety, absences, and disabilities.

Michael D. Moberly
Ryley Carlock & Applewhite
602-440-4821
www.rcalaw.com
Moberly is an elected Fellow of the College of Labor and Employment Lawyers, a national organization established to recognize those attorneys who have distinguished themselves as leaders in the fields of labor and employment law.

Tibor Nagy, Jr.
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
520-575-7442
www.ogletreedeakins.com
Nagy represents employers in all facets of labor and employment relations law, including discrimination and wrongful discharge cases, wage and hour law, employment contracts and manuals, and labor-management relations.

Stephanie Quincy
Steptoe & Johnson LLP
602-257-5230
www.steptoe.com
Quincy maintains a regular case load of employment litigation matters. Cases include civil rights (race, age, religion, gender and disability), wrongful termination, sexual harassment, defamation, and breach of contract claims.

Deanna Rader
Gordon Rees
602-794-2460
www.gordonrees.com
Rader has extensive experience advising public employers on constitutional matters, personnel issues, student rights, conflicts of interest, open meeting law, due process under the Individuals with Disabilities Education Act, and public records issues.

Lawrence J. Rosenfeld
Squire Sanders
602-528-4886
www.squiresanders.com
Rosenfeld has more than 35 years of experience in the area of employment law and is a fellow of the College of Labor and Employment Lawyers.

Debora Verdier
Sanders & Parks, P.C.
602-532-5760
www.sandersandparks.com
Verdier counsels companies with an eye toward preventing disputes and providing pre-litigation solutions and has experience in defending employers against EEOC charges and in litigating employment disputes.

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.

Goldwater Institute

2013 Top Lawyers list: Business/corporate 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.

Jessica Benford
Ryley Carlock & Applewhite
602-440-4866
www.rcalaw.com
Benford counsels clients regarding general corporate representation, including corporate formation and governance. She also handles securities enforcement and regulation matters.

Charles E. Davis
Davis Miles McGuire Gardner, PLLC
480-733-6800
www.davismiles.com
Davis 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.

Gerald Gregory Eagleburger
Sanders & Parks, P.C.
602-532-5692
www.sandersandparks.com
Eagleburger’s practice includes all types of transactional, commercial/business and personal asset matters, including formation and governance of corporations, partnerships and limited liability companies.

Stephanie Fierro
The Frutkin Law Firm, PLC
602-606-9300
www.frutkinlaw.com
Fierro’s practice focuses on general counsel business law and estate planning. She brings the firm a wide range of experience and interests including all aspects of corporate transactional work, estate planning, and tax representation.

Jonathan B. Frutkin
The Frutkin Law Firm, PLC
602-606-9300
www.frutkinlaw.com
Frutkin is the principal attorney at The Frutkin Law Firm and brings areas of expertise in the practice areas of corporate and business law, corporate bankruptcy, and commercial litigation.

Phillip Guttilla
Polsinelli
602-650-2327
www.polsinelli.com
Guttilla Guttilla serves as general corporate counsel to his clients ranging from emerging growth companies to multi-national enterprises.

Gregory R. Hall
DLA Piper
480-606-5128
www.dlapiper.com
Hall regularly counsels clients on a broad range of corporate, securities and business-related matters and matters affecting corporate policy and strategy, including directors’ duties and responsibilities and other aspects of corporate governance.

Travis J. Leach
Jennings Strouss
602-262-5806
www.jsslaw.com
Leach focuses his practice in the area of corporate, securities, and finance. He also helps lead the firm’s Sports and Entertainment practice, coinseling professional athletes, coaches, entertainers, and ownership groups.

Brian Moll
Polsinelli
602-650-2302
www.polsinelli.com
Moll practices in the areas of corporate law, mergers and acquisitions, and commercial contracts. He has extensive experience in assisting businesses in all stages of their operations, from start-up to a mature business.

Robert A. Royal
Tiffany & Bosco, P.A.
602-255-6011
www.tblaw.com
Royal’s practice emphasizes intra-corporate dispute and director, officer and manager liability issues.

Terence W. Thompson
Gallagher & Kennedy, P.A.
602-530-8515
www.gknet.com
Thompson’s practice emphasizes corporate business acquisitions; public-private projects, including strategic joint ventures; Native American enterprises and projects; water/wastewater infrastructure development; sports facility financing; and physician-hospital contracts.

Nancy White
Steptoe & Johnson LLP
602-257-5213
www.steptoe.com
White’s practice emphasizes international and domestic transactions, including mergers and acquisitions, purchases and sales of capital assets and real property, project finance, asset-based financings, asset securitizations, and private placements of debt and equity securities..

law

2013 Top Lawyers list: Bankruptcy/reorganization

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.

Joseph E. Cotterman
Andante Law Group of Daniel E. Garrison, PLLC
480-421-9449
www.andantelaw.com
Cotterman has more than 20 years of corporate restructuring, business bankruptcy, creditor’s rights, commercial litigation, and corporate and real estate transaction experience.

John R. Clemency
Gallagher & Kennedy, P.A.
602-530-8040
www.gknet.com
Clemency’s practice concentrates on workouts of troubled loans, business bankruptcies, and commercial litigation.

John Fries
Ryley Carlock & Applewhite
602-440-4819
www.rcalaw.com
Fries’ practice focuses on bankruptcy and creditors’ rights issues, and includes representing banks and other creditors against debtors with respect to the enforcement of their loan and credit agreements and defending the rights of lenders against other creditors.

Daniel E. Garrison,
Andante Law Group of Daniel E. Garrison, PLLC
480-421-9449
www.andantelaw.com
Garrison has more than 15 years of corporate restructuring, business bankruptcy, commercial litigation, and corporate and real estate transaction experience.

John J. Hebert
Polsinelli
602-650-2011
www.polsinelli.com
Hebert has been involved in all aspects of bankruptcy and insolvency practice for 35 years.

Ronald Horwitz
Jaburg Wilk
602-248-1071
www.jaburgwilk.com
Client list includes national banking associations, mortgage companies, finance companies, equipment lessors, credit unions and companies that finance real estate, manufactured housing, automobiles, and equipment.

W. Scott Jenkins, Jr.
Ryley Carlock & Applewhite
602-440-4890
www.rcalaw.com
The practice group Leader for the firm’s Bankruptcy, Creditors’ Rights, and Lending practice group, Jenkins is experienced in handling various types of commercial transactions and disputes.

Carolyn J. Johnsen
Jennings Strouss
602-262-5906
www.jsslaw.com
Johnsen is chair of the firm’s Business Restructuring & Reorganization Section and has extensive experience in every aspect of commercial reorganizations, representing both debtors and creditors

Christopher R. Kaup
Tiffany & Bosco, P.A.
602-255-6024
www.tblaw.com
Kaup’s practice is focused on the representation of creditors and debtors in complex commercial bankruptcy matters, creditors’ rights, and commercial litigation.

Joseph Wm. Kruchek
Kutak Rock LLP
480-429-4889
www.kutakrock.com
Kruchek provides advice on all aspects of bankruptcy, including enforcement of lenders’ rights, obtaining relief from the automatic stay to permit a lender to proceed with state law foreclosure rights and remedies, debtor-in-possession financing, adequate protection and plans of reorganization.

Alan Levinsky
Buchalter Nemer
480-383-1840
www.buchalter.com
Levinsky is a shareholder in the firm’s Insolvency and Financial Solutions Practice Group in Scottsdale. He focuses his practice on creditors’ rights, bankruptcy, collections, post-judgment enforcement, and replevin.

Lawrence Wilk
Jaburg Wilk
602-248-1000
www.jaburgwilk.com
Wilk represents secured and unsecured creditors and trustees in bankruptcy; creditors in state court proceedings, including foreclosure proceedings and state court receiverships; and debtors in complex Chapter 11 bankruptcy proceedings.

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.