LITIGATION AND ARBITRATION MATTERS

• Served as lead counsel representing a physicians’ practice group in successful arbitration proceedings before the American Arbitration Association to prevent a hospital system’s wrongful cancellation of an exclusive provider agreement. After a week of hearings, the arbitrator ruled for the practice group.
• Served as lead counsel in defense of two unrelated “bet the company” claims involving many years of alleged overpayments under separate contracts. In both cases the contract language was ambiguous, requiring reliance on many alternative legal theories. Many witnesses were missing or could no longer remember what happened in the past. Many documents had been lost or destroyed.
• Served as lead counsel in Arizona in the defense of several litigation matters involving the placement of telecommunication facilities in easements, rights of way, and on private property, defense of a consumer class action (part of an MDL proceeding in another state), and state regulatory claims involving alleged fraudulent advertising and other business practices. Property rights are personal, often highly controversial, and frequently lead to disputes over the rights of two or more competing parties. Consumer fraud has been a focus of the Arizona Attorney General’s Office for several years.
• Represented purchaser of mortgage loans in successful defense of U.S. District Court lawsuits challenging the validity of deeds of trust given as security for promissory notes, which had been securitized and sold in the secondary mortgage market.
• Served as lead counsel representing a Fortune 500 company in successful arbitration proceedings before the American Arbitration Association to enforce a contract to purchase approximately 1,500 acres of real property intended for a mixed-use suburban subdivision development.
• Represented homebuilder in defense of arbitration class action before the American Arbitration Association arising out of alleged defective construction of homes located in Arizona subdivisions.

MEDICAL MARIJUANA

• As lead counsel, represented the Arizona Department of Health Services (ADHS) in many overwhelmingly successful litigation matters under the Arizona Medical Marijuana Act (AMMA). Examples include: Arizona Cannabis Nurses Ass’n v. Arizona Dep’t of Health Services, 242 Ariz. 62, (App. 2017) (affirming limitations on Post-Traumatic Stress Disorder as a debilitating medical condition under the AMMA); Compassionate Care Dispensary, Inc. v. Arizona Dep’t of Health Services, 244 Ariz. 205 (App. 2018) (affirming ADHS’ award of a dispensary registration certificate to an applicant who did not first obtain a conditional use permit – zoning being an issue for the local municipality); JH2K I LLC v. Arizona Dep’t of Health Services, 246 Ariz. 307 (App. 2019) (affirming denial of application for dispensary registration certificate where applicant’s location was within 500 feet of school property); Waltz Healing Ctr., Inc. v. Arizona Dep’t of Health Services, 245 Ariz. 610 (App. 2018) (affirming denial of application for a dispensary registration certificate made with an expired zoning approval letter); and Murro v. Arizona Dep’t of Health Services, 246 Ariz. 527 (App. 2019) (affirming revocation of a dispensary agent’s registry identification card where he had an excluded felony offense for solicitation to commit a substance abuse offense).
• Also represented ADHS in its implementation and enforcement of the AMMA after its adoption in 2010. Legal services included ongoing strategic and operational advice concerning the legality of the agency’s actions under the Act and relationship to other state and federal laws, enforcement proceedings against individual and corporate licensees and applicants, and counsel regarding compliance with rules and regulations governing the cannabis industry.

OTHER LITIGATION MATTERS

• Represented closely held company in successful defense of Bankruptcy Court litigation claiming fraudulent conveyances, and that company was the alter ego of a bankrupt debtor and should be consolidated in bankruptcy with the debtor.
• Represented hard money lender in defense of lender liability claims in Arizona Superior Court, foreclosure proceedings, and negotiated settlement in connection with loans secured by improved subdivided lots.
• Represented private company in defense of Arizona Superior Court and U.S. District Court litigation involving claims of breach of contract, fraudulent conveyance, and constructive trust.
• Represented various banks and commercial lenders in foreclosure proceedings and deficiency actions in Arizona Superior Court and negotiated settlements in connection with loans secured by parcels of improved and unimproved real estate located in Arizona and other states.
• Represented various lenders and owners in defense of government claims for condemnation of real property under power of eminent domain.
• Represented association in litigation in the Arizona Superior Court, Court of Appeals, and Supreme Court in connection with laws and contracts providing for tax-incentive financing in violation of “gift clause” provisions of state constitution.
• Represented a title company as plaintiff in Arizona Superior Court, Court of Appeals, and Supreme Court in successful action for racketeering judgment in connection with forged documents presented to the lender on a property acquisition and development loan.

PUBLICATIONS

• Arizona Governor Amends “Stay Home, Stay Healthy, Stay Connected” Order
  Sherman & Howard Advisory | April 30, 2020

PRESENTATIONS

• Medical Marijuana in Arizona
  Phoenix Lions Club | November 2018
• Managing the Medical Marijuana Employee
  Annual Employment Law Seminar | September 2018
• Local Best Practices in Phoenix: Creative and Integrated Business, Arts/Cultural Engagement
  Phoenix Community Alliance’s Creative City Symposium | November 2, 2017
• Cannabis Law
  Continuing Legal Education for the State Bar of Arizona | June 2017, June 2018
• Panel Discussion on Medical Marijuana
  SHRMGP North Valley | 2015
• Governing Board Candidate Forums
  Maricopa Community Colleges | 2014, 2018
• The Administrative Hearing Process
  Office of the Arizona Attorney General | 2013
• Residential Construction Business Practices
  Del E. Webb School of Construction at Arizona State University | 2008
  • Recorder, Arizona Town Hall
    Grand Canyon | October 1995, October 1996, October 2008
  • Report Chair, Tucson Regional Town Hall
    May 2007
  • Report Chair, Arizona Town Hall
    Grand Canyon and Prescott, Arizona | October 1997, May 2002, May 2003

• State Bar of Arizona, Real Property Section
• Association for Corporate Growth
• Board Member, Phoenix Lawyers’ Chapter, The Federalist Society for Law and Public Policy Studies
• Phoenix Community Alliance
  • Education Committee
    • Board Member
    • Co-Chair
• University of Arizona James E. Rogers College of Law
  • Board of Visitors
  • Board of Directors
• Arizona Town Hall
  • Vice-Chair
  • Board Member
  • Training Committee Chair
  • Executive Committee Member

• AzBusiness Leaders, “Arizona Business Leader – Law Firm Management” (2016)
• Chambers USA, “Recognized Practitioner – Litigation: General Commercial,” Arizona (2015-2016)
• Super Lawyers, “Super Lawyer – Business Litigation,” Southwest (2008, 2010)