E. Jeffrey Walsh, who has practiced law for more than 30 years, is an AV® peer review rated litigator who has been recognized in the 2005 to 2014 editions of The Best Lawyers in America, in Southwest Super Lawyers, including, in 2009, among the "Top 50 in Arizona," in Arizona Business Magazine's "Top Attorneys of Arizona," and in the Business Journal's "Best of the Bar in Phoenix Metropolitan Area." His practice focuses on business litigation and trials, real estate litigation, and construction litigation, at both the trial level and on appeal. He has represented clients in more than 30 jury and non-jury trials, arbitrations and evidentiary hearings, as well as in a number of seven and eight-figure settlements. In a key appeal, he represented former Arizona Corporation Commissioner James Irvin in overturning $60 million punitive damages award arising out of a failed utility merger. He has served as a Special Master at the request of the Maricopa County Superior Court. He has appeared in the federal courts in Arizona, Pennsylvania, Nevada, Michigan, Colorado, California, New York, and Texas and he has on appeal appeared in matters in the Ninth Circuit Court of Appeals, the Arizona Supreme Court and the Arizona Court of Appeals. He has also appeared in a number of special actions to the State Court of Appeals.
Areas of Concentration
· Business Litigation
- Representing businesses, financial institutions and individuals in contract, distribution and franchise disputes, stock valuation disputes, securities fraud, partnership and shareholder claims, lender liability, RICO claims, public procurement disputes, breach of fiduciary duty claims, business torts, Lanham Act claims, ERISA, and other litigation.
· Construction Law
- Representing public and private owners, general contractors, major subcontractors and design professionals on public and private projects in contract drafting and negotiation, claims preparation, arbitration and trial of claims, surety claims, job site injuries and design professional liability issues. Jeff served for many years as the General Counsel for the Arizona Builder's Alliance, Arizona's largest organization of commercial building contractors, and as a commercial and construction arbitrator with the American Arbitration Association. He serves as Co-Chairman of the firm's Construction Law Practice.
· Real Estate Litigation
- Representing title companies and insureds in litigation relating to title insurance coverage, escrow liability, land trust and account servicing responsibilities. Representation of developers, purchasers, sellers and lenders in litigation arising out of transactions. Representation of landlords and major tenants in commercial lease disputes. General real estate issues, including contract and commission disputes and broker error and omissions.
Professional & Community Involvement
· Board Member, Barrow Neurological Foundation, 2006-Present
· Board Member, Greater Southwest Chapter, Arthritis Foundation
· Member, American Bar Association, Litigation Section, Forum on the Construction Industry
· Member, American Arbitration Association, Regional Advisory Council, Chair Construction Arbitration Advisory Committee. Served as both sole arbitrator and panelist in arbitration of multimillion-dollar disputes. Three matters, one of which was decided by the Arizona Supreme Court.
· Bar Counsel, State Bar of Arizona Disciplinary Commission, 1992-1998
· National Institute of Trial Advocacy
- Faculty, Western Regional Seminar, Berkeley, California, 1988, 1989
- Director, In-house NITA Trial Skills Programs, 1990, 1992
· President, Notre Dame Club of Phoenix, 1998-2000
Awards & Recognition
· Listed, The Best Lawyers in America, Commercial Litigation; Construction Law; Litigation - Construction; Litigation- Real Estate, 2005-2014
· Listed, Super Lawyers magazine, Southwest Super Lawyers, 2007-2013
- "Top 50 Attorneys in Arizona," 2009-2011, 2013
· Listed, Arizona's Finest Lawyers, 2011
· Recommended, PLC Which Lawyer?, 2009-2010
· Listed, Arizona Business magazine, "Top Attorneys of Arizona," 2006-2010
· Listed, The Legal 500 United States, 2009, 2012
· Recommended, Practical Law Company, PLC Dispute Resolution Handbook, 2008
· Listed, Phoenix Business Journal "Best of the Bar," 2005-2006
· Rated, AV Preeminent® 5.0 out of 5
Trials, Arbitrations and Evidentiary Hearings
· Doran Rice v. Ticor Title Insurance Company of California. Represented defendant in a jury trial dealing with escrow liability issues. Case settled mid-trial.°
· JD Dickens v. First American Title Insurance Company. Represented plaintiff in a State Court jury trial and on appeal in a lien priority dispute.°
· Ajax Contracting, Inc. v. Avis Rent A Car, Inc. Represented defendant in a non-jury trial involving claims arising out of payment/construction defect dispute. Affirmed on appeal to the Arizona Court of Appeals.°
· Patrick Lewis v. John Marshall. Represented defendant in a jury trial in Arizona State Court on claims for significant personal injuries arising out of a vehicle accident.°
· Lone Mountain Vista, Inc. v. National Portfolio, Inc. Represented defendant in a non-jury trial in Arizona State Court for recovery of $1.5 million in funds embezzled by plaintiff's former officer.°
· Howard Needles Tammen and Bergendoff v. Joe E. Woods, Inc. Represented plaintiff in summary jury trial involving an indemnity claim for recovery of funds paid to settle significant personal injury claim on a construction project.°
· Howard Needles Tammen and Bergendoff v. Fountain Hills Unified School District. Represented plaintiff in an arbitration to recover design fees.°
· Turnovsky v. Sheraton Hotel Corporation. Represented defendant in an arbitration for recovery of $1.5 million in executive severance benefits.°
· Adlehelm v. Sheraton Hotel Corporation. Represented defendant in an arbitration for recovery of $1 million in executive severance benefits.°
· State Bar of Arizona v. Joseph Herbert. Prosecution of member of the bar for ethics violations. Respondent censured.°
· State Bar of Arizona v. Michael Murphy. Prosecuted member of the bar for ethics violations. Respondent suspended after appeal to the Arizona Supreme Court.°
· LVI Environmental Services, Inc. v. American Express Company. Defended and pursued counterclaim in non-jury trial in Arizona Superior Court and two appeals. Claims and counterclaims arose out of destruction of client's premises during asbestos abatement. Affirmed on appeal.°
· TCK Enterprises, Inc. v. Lakeview Village Corporation. Defense of claim and prosecution of counterclaim for common area maintenance charges for a retail landlord in jury trial in State Court in which tenant sought rescission/damages for breach of contract and misrepresentation.°
· Desert International Sales, Inc. v. Tyson Foods, Inc. Jury trial defense in United States District Court for the District of Arizona of client on multimillion-dollar claim of wrongful termination of brokerage.°
· Bank One Arizona, N.A. v. KPMG Peat Marwick. Represented client in jury trial in Arizona Superior Court involving $32 million in claims for appraisal malpractice. Case settled while on appeal.°
· Mavesh Sabet v. Olde Discount Corporation. Represented national broker dealer organization and its agents in $250 million securities fraud class action trial in the Arizona Superior Court. Case settled during jury deliberation.
· Xyron Inc. v. Gustafson. Represented minority shareholder in statutory bench trial in Arizona Superior Court to determine the fair value of the shares following a squeeze-out merger.
· Country Place, LLP v. Shea Homes. Special actions proceeding in Arizona Superior Court, represented land developer to remove lis pendens from residential subdivision.
· GameTech International, Inc. v. Trend Gaming Systems, Inc. Represented client in three evidentiary hearings in United States District Court for the District of Arizona and United States Bankruptcy Court, Eastern District of Texas to (1) permit termination of client's distributor; (2) imposing constructive trust on funds held by distributor for client's benefit; and (3) removing case from bankruptcy court in the District of Texas and returning it to United States District Court for the District of Arizona. Judgment upheld on appeal to the Ninth Circuit.
· Guitierrez-Palmenberg, Inc. v. Waste Control Specialists, Inc. Tried breach of contract dispute to a jury in United States District Court for the District of Arizona for defendant following summary judgment on a portion of claim.
· GameTech International, Inc. v. Charles Delaney. Prosecution of tortious interference claims for client in jury trial in the United States District Court for the Eastern District of Virginia, resulting in seven figure verdict and injunctive relief.
· Colloca v. Activator Methods International, Inc. Defended claims brought in Arizona Superior Court by former officer and shareholder for breach of contract, tortious interference, breach of fiduciary duty, and invasion of privacy. Four-week jury trial resulted in directed verdict for client.
· GameTech International, Inc. v. Trend Gaming LLC. Prosecuted breach of contract and tortious interference claims and defense of counterclaims against a terminated distributor and its principal in federal court in the United States District Court for the District of Arizona, resulting in seven figure jury verdict, including awards of punitive damages against both defendants. Judgment upheld on appeal to the Ninth Circuit Court of Appeals.
· Schuff Steel Company v. Peck Jones/OC America Construction Inc. Prosecuted subcontractor's contract and lost productivity claims against general contractor in California Superior Court, leading to seven-figure jury verdict.
· GameTech International, Inc. v. Trend Gaming Systems, LLC. Prosecuted and defended of claims of breach of contract and wrongful termination claims in federal court jury trial in Phoenix, Arizona. Adverse result was overturned on appeal to the Ninth Circuit.
· Gametech International, Inc. v. Steven J. Hieronymus. Jury verdict on post-verdict fraudulent transfer claims in federal court in the Eastern District of Texas.
· West Surprise Landowners Group v. Courtland Capital, LLC. Arbitration of breach of contract and declaratory judgment claims, and request for injunctive relief, on behalf of developer group seeking to compel performance by other developer under a joint development agreement for construction of a wastewater treatment plant and other sewer improvements. Tried within 40 days of appointment of arbitrator.
· Gametech International, Inc. v. Trend Gaming Systems, LLC. Seven-figure jury verdict on breach of contract and wrongful termination of distributorship claims in United States District Court for the District of Arizona.
· Metal-Weld Specialties, Inc. v. Kitchell Contractors, Inc. of Arizona. Six-figure AAA arbitration award for client following three week arbitration on breach of construction subcontract in Las Vegas, Nevada.
· American Traffic Solutions, Inc. v. Redflex Traffic Systems, Inc. Defense verdict for client following jury trial in eight-figure Lanham Act false advertising case in the United States District Court for the District of Arizona.
°The above representations were handled by Mr. Walsh prior to his joining Greenberg Traurig, LLP.