Litigation | Fennemore Craig
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Overview

Our attorneys are proficient in alternative dispute resolution techniques, negotiated settlements, appeals, and traditional trial representation, as well as advice on the prevention of claims and avoidance of litigation. A number of our attorneys also serve as mediators, arbitrators and private judges.

For years, we have been at the forefront of implementing technology for the benefit of our clients, saving them money and helping us deliver more effective and efficient legal services. In the litigation setting, technology helps us save days of trial time for our clients. Our use of the "TrialDirector®," "CaseMap®," and "MindMap®" programs help us quickly manage substantial numbers of exhibits and photos, to conduct examinations and closing arguments.

In addition, we have the capability to set up technology-rich, arbitrations both in-house and at external sites, that visually help drive home key points in arguments.

  • Antitrust Law and Trade Regulation

    We represent individuals, business entities, and professionals in litigation alleging unlawful restraints of trade, price fixing conspiracies, and a variety of other federal and state antitrust law violations. We recently participated in major antitrust actions involving the cable television, consumer electronics and petrochemical industries. We assist many clients in connection with mergers and acquisitions covered by the Hart-Scott-Rodino Act of 1976, and advise clients on antitrust and trade regulation issues affecting business conduct and transactions.

  • Appeals

    We handle appellate matters in federal and state courts as well as before federal and state administrative agencies. The scope of our appellate practice covers almost all areas of civil, administrative and regulatory law.

  • Business Litigation

    We represent large and small business entities and individuals in commercial disputes in federal and state court, including cases involving fraud, RICO, derivative claims, lender liability, securities, railroad, products liability, corporate control, contracts, state and federal consumer statutes, the First Amendment, the Uniform Commercial Code and eminent domain.

  • Class Action Litigation

    We have a long history of representing clients in class actions and other types of high-stakes litigation. Our class action experience includes antitrust claims involving the cement, dairy, health care and pharmaceutical industries, various personal injury claims in the food and pharmaceutical industries and a myriad of commercial claims in fields of health care, lending, residential development, communications, securities and utilities.

  • Construction Disputes and Defects

    Our attorneys have been involved in construction defect litigation for many years, representing developers, contractors and design professionals in all forms of construction defect litigation. Our clients have included not only these entities, but their insurance carriers, on litigation that has included defective design, defective construction, mold remediation and economic loss theories.

    Our attorneys have considerable experience in federal and state actions, as well as administrative proceedings before the Arizona Registrar of Contractors and the Arizona Department of Real Estate. In addition, we have been at the forefront in efforts to legislatively limit the extent of the exposure for construction defect litigation in Arizona.

  • E-Discovery and Data Management

    Our E-Discovery and Data Management practice bridges the gap that often exists between technology and the law by formulating solutions that are tailored to the individual needs of each case. In doing so, the goal is to contain risk, minimize cost and facilitate the overall legal strategy.

     

    Our evolving practice focuses on assisting clients with both pre- and post- litigation planning. Pre-litigation planning includes items such as document and records retention policies, litigation hold policies, and the creation of in-house e-discovery teams. Post-litigation planning involves the development, implementation and management of a strategy for collecting, reviewing and producing ESI through the discovery phase. These policies and protocols adhere to principles of reasonableness and proportionality, taking into account factors such as the cost, burden and technical feasibilities involved in each case.

     

    With our team of attorneys, paralegals and IT and litigation support professionals, our E-Discovery and Data Management practice offers significant experience handling high volume discovery for complex litigation matters in state and federal courts throughout the country. Through this experience, our team has developed tested methods for streamlining e-discovery processes, including management of the process in-house whenever possible and the use of cutting edge technology to assist with document review and case analysis. This technology includes Relativity®, CaseMap®, TimeMap®, and others.  Relativity® is an e-Discovery and early case assessment (ECA) tool that enables attorneys and paralegals to quickly and efficiently assess, review and manage “native” data collections, resulting in accelerated early case analysis, increased defensibility of the e-discovery process and at a significant cost savings for clients. Our e-discovery attorneys are skilled in designing and implementing processes that take advantage of the most appropriate, efficient and cost-effective technologies that will best serve our clients.

     

    Our e-discovery attorneys are at the forefront of this emerging area of law and actively contribute to its development, whether through involvement in leading industry groups, speaking engagements and conferences, or publications on topics related to e-discovery. We also work closely with clients to keep them apprised of new developments in e-discovery through e-newsletters, firm sponsored events, presentations and in-house training.

  • Environmental and Natural Resources

    We provide a significant amount of environmental counseling and representation to the manufacturing, mining, forestry, high technology, petroleum, banking and other industries. We have represented clients before the air pollution control hearing boards, the Water Quality Control Counsel, administrative law judges at the Department of Environmental Quality, and in federal and state courts. Recent activity includes environmental and toxic torts, environmental policy suits, regulatory challenges, cost recovery actions, property devaluation and natural resource torts, complex water cases, general adjudication of water rights, mining title disputes, flood cases and environmental compliance actions. We recently obtained a court order requiring the Department of Environmental Quality to de-list a client from the Section 304(1) listing under the Clean Water Act. The firm has been involved with all of Arizona's groundwater protection initiatives, which culminated in 1986 with the passage of the Arizona Environmental Quality Act. Our attorneys have served as special counsel to the state in Arizona v. California and other water law cases of statewide interest. Our attorneys serve on legislative drafting committees, advisory committees to agencies and on various ad hoc committees which affect and direct the legislative and regulatory process in Arizona.

  • Financial Restructuring, Bankruptcy and Creditors' Rights

    We have a prominent and active bankruptcy practice. Our attorneys represent a diverse group of clients, including secured and unsecured creditors, financial institutions, debtors, and trustees and purchasers of financially distressed businesses, in Chapter 11 cases, debt restructuring, liquidation cases, out-of-court workouts, and other insolvency proceedings. Our practice focuses extensively on creditor representation, and together with attorneys from other disciplines, our group is active in planning and negotiating complex workouts and restructures.

  • Government Procurement and Contracts

    Our practice includes government procurement, government contract disputes, permitting and regulation enforcement, zoning and land use, tax, and litigation.

    At the local government level, we represent clients before city and county boards, commissions, and departments on such issues as land use, environmental permits, zoning, condemnation, and tax.

    At the federal level, we often represent clients before agencies that include the Environmental Protection Agency, Interstate Commerce Commission, Securities Exchange Commission, Bureau of Indian Affairs, Corps of Engineers, Department of the Interior, Bureau of Land Management Fish and Wildlife Service, and National Park Service.

    We also have an active practice representing clients on critical multi-state and multi-jurisdictional matters, particularly in federal water rights disputes and disputes where endangered species issues intersect development, industrial or agricultural uses. In addition, we continue to actively participate in rule and policy-making on issues like tax, endangered species, water, environment and land use, and a member of this practice currently serves on the Executive Committee of the National Conference of Commissioners on Uniform State Laws.

  • Health Care

    We provide services to a range of clients within the health care and bioscience industries, including acute care hospitals and multi-facility hospital systems, in-patient and out-patient behavioral health facilities, health maintenance organizations, physician groups, individual health care providers, long-term care facilities, medical associations, pharmaceutical companies, medical device companies, research organizations and universities. We have represented a number of private hospitals in the West, either directly or through insurance carriers. We have extensive experience representing for-profit and non-profit health care clients in a broad range of areas. We counsel and represent producers and sellers of a wide range of consumer and commercial products, including chemicals, heat pumps, medical instruments, pharmaceuticals and others. Our attorneys are active in national organizations devoted to product liability research and policy, including the Product Liability Committee of the American Bar Association Section of Litigation, and the Defense Research Institute Product Liability Committee. We have broad experience in traditional representation in the trial and appellate courts, preventative consultation for design and packaging, technical and operating manuals, representation at administrative hearings, preparation of legislative proposals, and lobbying services.

  • Intellectual Property

    We are involved in significant intellectual property litigation, including patent and copyright infringement, trade secrecy, software licenses, trade dress and trademark infringement, nondisclosure agreements, computer performance, and covenants not to compete. Client intellectual property rights are enforced through alternative dispute resolution techniques, demand letters, preliminary injunctions, and traditional trial and appellate representation.

  • Labor and Employment

    We have substantial experience in counseling clients on contract interpretation and grievance procedures and in representing employers in labor arbitrations. Our attorneys represent employers in negotiating collective bargaining agreements, in representation elections, and in defending unfair labor practice charges before the National Labor Review Board and in contested cases in the United States District Court. We have broad experience in employment-related civil actions alleging breach of employment contract, wrongful termination, employment discrimination and related torts. In addition, our attorneys frequently represent clients before federal and state administrative agencies, including the Arizona Civil Rights Division, Equal Employment Opportunity Commission and the Department of Economic Security. Our attorneys counsel employers on personnel manuals and procedures, drug and alcohol testing and sexual harassment policies, and compliance with specific state and federal statutes and regulations.

  • Legislative and Regulatory Assistance

    Our attorneys have substantial experience in representing clients before the Arizona legislature. We assist in the drafting, lobbying and monitoring of legislative and regulatory proposals on behalf of clients.

  • Product Liability

    We counsel and represent producers and sellers of a wide range of consumer and commercial products, including automobiles, chemicals, cranes, earth-moving equipment, firearms, forklift trucks, heat pumps, medical instruments, motor homes, pharmaceuticals, tires, trucks, wheels, and others. Our attorneys are active in national organizations devoted to product liability research and policy, including the Product Liability Committee of the American Bar Association Section of Litigation, and the Defense Research Institute Product Liability Committee. We have broad experience in traditional representation in the trial and appellate courts, preventative consultation for design and packaging, technical and operating manuals, representation at administrative hearings, preparation of legislative proposals, and lobbying services.

  • Professional Liability

    We advise and represent accounting, law, medical, engineering, design and architectural firms on a variety of professional liability issues. We are particularly active in the defense of lawyers in malpractice claims and the representation of lawyers in the disciplinary process. We also provides counsel and representation for the Arizona chapters of the American Institute of Architects and Consulting Engineers Association.

  • Real Estate Litigation

    We have significant experience in drafting workout and settlement agreements, enforcing judgments obtained through settlements or trials, and collection procedures, including garnishments, property seizures and attachments. Our attorneys represent clients in matters including breach of contract, business torts, fraud, entitlement litigation, boundary disputes, condemnation actions, title disputes, landlord-tenant matters, professional malpractice and construction law.

  • Securities Litigation

    We represent individuals, broker-dealers and financial institutions in a wide variety of litigation arising under federal and state securities laws. Examples include defense of customer complaints, class-action suits, and employment and discrimination claims, intra-industry disputes and regulatory, investigatory, and criminal proceedings instituted by the federal and state governments, as well as self-regulatory organizations such as the National Association of Securities Dealers, New York Stock Exchange, American Stock Exchange, and Chicago Board of Options Exchange.

  • Tort and Insurance Litigation

    We represent\ clients in a wide variety of personal injury and business tort actions ranging from individual negligence actions to complex multi-party litigation. Asbestos, railroad liability, product liability, insurance bad faith and subrogation, toxic torts, and medical malpractice encompass a significant part of our tort litigation practice.

  • Unemployment Compensation

    Our unemployment compensation practice includes a full range of services relating to unemployment insurance, taxes and benefits. Our clients range from large mining and utility companies to small service and professional firms. We represent employers defending against claims for benefits by ex-employees in all jurisdictions, including the Appeal Tribunal, Appeals Board and Court of Appeals. We also represent employers when the adverse party is the Department of Economic Security. We have participated extensively in legislative revisions to the unemployment insurance statutes in Arizona and in DES rule-making proceedings to adopt or revise the voluminous set of rules that govern unemployment cases.

  • Utilities Regulation

    We represent several utilities in the telecommunications, water, sewer, and natural gas industries. We appear before the state commissions in ratemaking, certification, rule making, and financing proceedings. We also represent utilities in federal and state court actions challenging regulatory decisions.

  • Workers' Compensation/Employee Health and Safety

    We have extensive experience working with small and mid-size businesses and major corporations in the areas of workers' compensation and OSHA regulations. Our attorneys represent employers before the Federal Occupational Safety and Health Review Commission, the Industrial Commission of Arizona and Arizona's appellate courts. We advise clients on compliance issues and the various legal, medical and administrative issues which arise in connection with workers' compensation and OSHA claims outside the litigation arena. In addition, our legislative and lobbying practice includes preparing legislative proposals, lobbying and testifying before legislative committees on workers' compensation matters.

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