Craig A. Morgan

Member

Phoenix, Arizona

Phone: 602.240.3062

Fax: 602.240.6600

cmorgan@shermanhoward.com

Education

  • Juris Doctor, Syracuse University, 2004
    • magna cum laude
    • Order of the Coif
    • Order of the Barristers
  • Bachelor of Arts, Marshall University, 2001

Craig Morgan has a significant practice representing parties in complex litigation, dispute resolution, and internal investigations, including those involving allegations of ethics violations.

Most recently, Craig was retained as special counsel on two separate occasions by Arizona’s House of Representatives to investigate and report whether a group of sitting Representatives violated certain Rules. Craig is a sought-after local and national media commentator on issues related to political investigations and similar legal matters.

With 15 years of hands-on trial and appellate litigation experience, Craig also helps Arizona businesses—including financial institutions, healthcare and medical providers, lenders, and business of all sizes—resolve commercial disputes through negotiation and when necessary, by litigating in state or federal court at the trial and appellate level. He represents clients on a range of issues including general business disputes, business divorce, defamation claims, lender liability, post judgment enforcement, non-compete issues, creditor’s rights, receiverships, and injunctive relief.

Clients value Craig’s strategic yet practical approach to legal representation. Craig is known for going out of his way for his clients, being available and easily accessible around the clock, and being there to help them navigate the uncertainties inherent to the legal process.

Experience

POLITICAL LAW

  • Retained as special counsel on two separate occasions to Arizona’s House of Representatives Ethics Committee to investigate and report whether a sitting Representative violated House Rules.
  • Retained as special counsel to the Arizona House of Representatives to investigate whether sitting Representatives had violated the House’s Policy on Workplace Harassment.
  • Successfully obtained judgment preventing candidate for state office from appearing on the ballot by establishing that candidate did not actually reside within the legislative district in which the candidate sought election.
  • Counsel in case involving attempt to recruit individuals to run for political office as members of a political party for purposes of taking votes from another political party.
  • Counsel for Arizona State Senator in elections case that sought to invalidate signatures of hundreds of registered voters who listed post office box numbers as their addresses on Hale’s candidate nomination petitions. Many of the petition signers lived in rural areas of the Navajo Reservation and did not have residential addresses. The Arizona Supreme Court upheld trial court’s ruling that Apache County properly counted the signatures of those people who listed P.O. Boxes, which gave Hale a sufficient number of signatures to qualify for the ballot. 218 Ariz. 561, 190 P.3d 175 (2008).
  • Counsel for persons running for state and federal public office in connection with election challenges.

 

MEDIA LAW

  • Counsel for a newspaper and its publisher in a libel and invasion of privacy case brought by former Congressman Gary Condit. Obtained summary judgment and dismissal of case. Court found that Condit had filed his case in bad faith and awarded the client its full attorneys’ fees and costs for defending the case.
  • Defended a newspaper in a defamation lawsuit. Obtained summary judgment dismissing the case with prejudice. Court awarded the client its full attorneys’ fees, costs and expenses for defending the case, along with the maximum amount of statutory damages, against the plaintiffs and their attorney, jointly and severally, for filing and maintaining a lawsuit in bad faith.
  • Represented a newspaper in special action for access to public records. Court ordered access to self-evaluation of city manager and awarded attorneys’ fees and costs.
  • Counsel for a newspaper publisher in a public records case seeking access to city records concerning inappropriate activity among city employees, including sexual harassment and misuse of city equipment. Court granted client all the relief sought, including an award of its attorneys’ fees and costs.
  • Counsel for plaintiff in a special action for access to public records. Court ordered state to conduct full and complete search for, and production of, public records at issue and awarded plaintiff his attorneys’ fees and costs.
  • Counsel in various public records disputes, from pre-filing records requests to special action litigation.
  • Defended state agency in connection with public records lawsuit. Court sided with state agency’s interpretation of Arizona law pertaining to confidentiality of certain information.

 

APPELLATE

  • Defended, briefed, and secured affirmation of trial court judgment concerning the priority of a lawyer’s lien on funds related to a perfected secured interest in general intangibles.
  • Defended, briefed, and argued against an appeal from a judgment dismissing an action and awarding attorneys’ fees and costs because of the appellant’s failure to substantially comply with Arizona’s contractor licensing statutes. WB, The Building Company, LLC v. El Destino, 257 P.3d 1182 (2011).
  • Prosecuted appeal under the Arizona Uniform Fraudulent Transfer Act.
  • Defended judgment related to the enforceability of a right of first refusal in a complex commercial lease.
  • Defended judgment on appeal for sanctions against opposing party pursuant to A.R.S. § 12-349.
  • Defended judgment on appeal dismissing various tort, contract, and statutory claims.
  • Counsel for Arizona State Senator in elections case that sought to invalidate signatures of hundreds of registered voters who listed post office box numbers as their addresses on Hale’s candidate nomination petitions. Many of the petition signers lived in rural areas of the Navajo Reservation and did not have residential addresses. The Arizona Supreme Court upheld trial court’s ruling that Apache County properly counted the signatures of those people who listed P.O. Boxes, which gave Hale a sufficient number of signatures to qualify for the ballot. 218 Ariz. 561, 190 P.3d 175 (2008).
  • Represented large concession company in bid protest related to airport concession contract.

 

COMMERCIAL LITIGATION

  • Counsel for clients in connection with non-competition, non-solicitation, and other employment-related restrictive covenants.
  • Counsel for client in connection with one of thousands of serial American and Arizonans With Disabilities Act lawsuits, resulting in sanctions and an award of attorneys’ fees and costs.
  • Counsel for large semiconductor company in anti-trust litigation.
  • Counsel for securities company in action seeking to vacate multi-million dollar arbitration award. Court ruled in securities company favor, and plaintiffs opted not to appeal.
  • Counsel for a plaintiff in multiple breach of contract actions. Obtained summary judgment in each action, resulting in a cumulative amount of more than $52 million.
  • Defended client in case involving construction of a submarine in England. Court granted motion to dismiss a breach of contract suit for lack of personal jurisdiction and forum nonconveniens.
  • Counsel for plaintiff in multiple breach of contract actions. Obtained summary judgment in each action, resulting in a cumulative amount of more than $20 million.
  • Counsel for state agencies in connection with COVID-19-related matters.

Publications & Presentations

PUBLICATIONS

 

PRESS

Professional Activities

  • American Diabetes Association
    • Former Board Member, Valley of the Sun Community Leadership Board
    • Former Chair, Valley of the Sun Community Leadership Board
    • Former Chair, Legal Advocacy Subcommittee
  • Former Coordinator, Holocaust Survivors Justice Network

Highlights

  • Super Lawyers, “Rising Star,” Business Litigation, Southwest (2014-2018)
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