Timothy J. Berg
Mr. Berg practices in the area of civil appeals, public law, and public utilities regulation.
Mr. Berg has participated in the briefing or argument of over three hundred appeals before the United States Courts of Appeals for the Ninth Circuit, the Second Circuit, the Fourth Circuit, the Fifth Circuit, the Eleventh Circuit, the Federal Circuit, the Supreme Court of Arizona and both divisions of the Arizona Court of Appeals. His appellate practice spans a broad field of substantive areas, including insurance coverage, employment, medical malpractice, product liability, environmental, state and local taxation, business torts, real property and mineral rights, bankruptcy, public records and public utilities.
Mr. Berg is involved in regulatory matters and legislation affecting clients concerned with public utilities, environment and telecommunications.
Mr. Berg chairs Fennemore Craig's Management Committee.
[+] Representative Cases
Represented the City of Phoenix in a lawsuit brought by various taxpayers challenging the constitutionality of a $100 million retail sales tax incentive agreement between the City and developer NPP CityNorth, LLC. The taxpayers alleged that the subject agreement violated the Gift, Special Law, and Privileges and Immunities clauses of the Arizona Constitution ("Gift Clause"). The trial court rejected each of the taxpayers' claims, and the Court of Appeals of Arizona reversed, holding that the agreement violated the Gift Clause. The Arizona Supreme Court granted review. After hearing the case, it issued a decision early in 2010 that allowed the City of Phoenix sales tax incentive agreement between the City and the developer to stand and vacated the Court of Appeals decision on Gift Clause compliance because the existing legal framework was unclear. It adopted a clear view of public purpose and set a framework for the courts to decide whether a transaction will pass muster under the Gift Clause. Turken v. Gordon, 223 Ariz. 342, 224 P.3d 158.
Obtained decision from Court of Appeals vacating a $25 million punitive damage award in an action against a mental health provider accused of negligent failure to treat. Graham v. ValueOptions, 2010 Ariz. App. Unpub. LEXIS 75
Represented a homebuilder on appeal in a coverage action against the homebuilder’s insurer. Decision resulted in new coverage law favorable to business insureds. Desert Mountain Properties Limited Partnership v. Liberty Mutual Fire Ins. Co., No. CV-10-0339-PR (Ariz. May 12, 2011)
Represented a major homebuilder in a successful appeal reversing a summary judgment that the homebuilder's and its contractors' insurers did not have a duty to defend a construction defect lawsuit under a general liability insurance policy. Lennar Corp. v. Auto-Owners Ins. Co., 151 P.3d 538 App. 2007
Represented a public official in an appeal resulting in an Arizona Supreme Court opinion establishing that personal emails of a public employee located on his or her employer’s computer are not public records unless related to the public business of the employee. Griffis v. Pinal County and Phoenix Newspapers, 215 Ariz. 1, 156 P.3d 418 (2007)
Represented an incumbent telecommunications company in a appeal to the Arizona Supreme Court establishing that all telecommunications providers in the state are subject to the state constitution’s fair value requirement. US West Communications, Inc. v. Arizona Corporation Commission, 201 Ariz. 242, 34 P.3d 351 (2001)
Represented Arizona Governor Jane Dee Hull in a special action to the Supreme Court concerning the constitutionality of a statute adopted to deal with the court’s mandate concerning funding of construction of school facilities. Hull v. Albrecht, 192 Ariz. 34, 960 P.2d 634 (1998)
[+] Articles and Presentations
Featured Speaker at the 2012 Appellate Advocacy Seminar. Topic: Building an Appellate Practice.
Attorneys' Fees on Appeal, Chapter Nine, Arizona Attorneys Fees Manual, 3d Ed.
Attorneys' Fees, Chapter Eleven, Arizona Appellate Handbook, Vol. I, 3d and 4th Edition.
[+] Professional and Community Activities
Past President, American Academy of Appellate Lawyers
Co-Chair, Arizona Equal Justice Campaign
Past Chair, Board of Directors, Herberger Theater Center
Member, Board of Directors, Greater Phoenix Leadership
Past Member, Executive Committee, National Conference of Commissioners on Uniform State Laws
Chairman, Arizona Commission on Uniform State Laws
Member, Board of Directors, Arizona Law College Association
Member, Appellate Handbook Committee, State Bar of Arizona
Member, State Bar of Arizona
Member, Maricopa County Bar Association
Member, American Bar Association
Past Member, Board of Trustees, Maricopa County Bar Foundation
Arizona Supreme Court, 1975
U.S. Court of Appeals, Federal Circuit, 1994
U.S. Court of Appeals, Eleventh Circuit, 1993
U.S. Court of Appeals, Second Circuit, 1995
U.S. Court of Appeals, Fifth Circuit, 1993
U.S. Court of Appeals, D.C. Circuit, 1991
U.S. Court of Appeals, Ninth Circuit, 1982
U.S. Supreme Court, 1985
United States District Court, District of Arizona, 1975
[+] Education and Honors
J.D., with highest distinction, University of Arizona, Order of the Coif, 1975
B.A., with high distinction, Arizona State University, 1972
Associate Editor, Arizona Law Review
Distinguished Citizen Award, University of Arizona Alumni Association, 2001
Benchmark: Appellate, Leading Appellate Practitioner, Ninth Circuit, 2012-2013
Best Lawyers in America®, Appellate Practice, Communications Law, Energy Law, Municipal Litigation, and Regulatory Enforcement (SEC, Telecom, Energy) Litigation, 2003-2013
Best Lawyers®, Lawyer of the Year, Appellate Law, 2011
Arizona’s Best Lawyers, Appellate Practice and Commercial Litigation, 2011
Best Lawyers®, Lawyer of the Year, Litigation-Regulatory Enforcement (SEC, Telecom, Energy), 2012
Chambers USA, Leading Lawyers for Business, 2012
Southwest Super Lawyers®, Appellate, 2007-2013
Southwest Super Lawyers®, Top 50 Arizona Super Lawyers, 2012-2013
2012 Most Admired CEO Award recipient - Phoenix Business Journal
AV® Preeminent ™ Peer Review Rated (the highest rating available), by Martindale-Hubbell
Timothy J. Berg
p: (602) 916-5421
f: (602) 916-5621
AV® PreeminentTM and BV® DistinguishedTM are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.