1.     Breach of Contract

• Successor Trustee/Landowner – Avoided threatened imminent litigation for ~$500,000 in damages related to the parties’ agreement in principle to sell a unique piece of residential real estate and the potential plaintiff having spent hundreds of thousands of dollars in furtherance of said agreement.  Negotiated and documented as-is, where-is sale of subject real property, well rights, and select related business assets for approximately $250,000 more than the opposing party’s argued enforceable contract purchase price.

• Patent Assignor – Represented client in dispute with company to which client had assigned a valuable patent and related IP rights and provided valuable consulting services, but which had failed to make all required royalty payments during the entire multi-year consulting period.  Filed a Demand for Arbitration to rescind the patent and IP assignment, which forms the basis of the company’s business, immediately prior to opposing party’s planned new funding round, forcing respondent to timely settle dispute for an amount which, when compared to opposing parties’ pre-Arbitration “final and best settlement” was  (a) a six-figure increase in overall settlement amount; (b) an increase in upfront payment of nearly $50,00; (c) a reduction of payment period by ~13 years and significant increase in monthly payments; and (d) a significantly improved position in the event of opposing party default, including a stipulated judgment for  six figures in damages more than the client’s negotiated position, attorneys’ fees, and 12% interest accruing on the judgment and attorneys’ fee amounts (0% accruing previously).

• Declarant/Majority Property Owner – Represented Declarant and majority property owner in challenge by numerous property owners in community to remove Declarant and secure payment of six figures in required HOA improvement costs.  Secured dismissal of all claims and an award of attorneys’ fees and costs under A.R.S § 12-349 sanction statute.

• Home Seller – Represented owner in breach of contract litigation and associated notice of lis pendens action related to sale/purchase dispute between two potential buyers of an ~$8,000,000 residential home and its owner. Successfully secured dismissal of action, removal of wrongfully filed lis pendens, and sale of property to proper buyer.

• Real Estate Broker – Drafted demand communications and Complaint in sales commission dispute leading to beneficial settlement for client within first two weeks of initiating litigation.

• Motorsports Company – Negotiated and documented beneficial settlements for four separate rental agreement breaches.

2.     Collections

• Investor in Failed Business Venture – Drafted proposal for collection services and won client change in representation from prominent collections firm.  Researched judgment debtors and related third-party pressure points and utilized the same in crafting collection strategy, implementing initial collection tools, and negotiating forbearance agreement for payment in full of outstanding seven figure judgment by interested third party on expedited timeline and which contained a provision providing client with a right to an award for all collection-related attorneys’ fees and costs incurred from judgment to date of forbearance agreement (~5 years) upon any payment default under the agreement.  Full seven figure judgment paid on or ahead of schedule pursuant to forbearance agreement.  A small fraction of that amount was recovered over the preceding ~5 years before change in counsel.

• Motorsports Company – Thwarted demands by large insurer’s subrogation service company for payment of damages caused by client renters to third-party motorist.

3.     Construction/Arizona Registrar of Contracts (ROC)

• Property Owner – Currently representing property owner in federal court litigation against general contractor related to breach of contract, fraud, and related claims stemming from construction of multi-million dollar luxury custom home.  Contractor initially stated it would refund client $0 of the nearly one million dollars paid on the project to that date. Critical analysis of the rationale for contractor’s settlement offer resulted in increased settlement offers of in excess of $500,000. Filed litigation, and shortly after noticing opposing counsel of same, contractor agreed to voluntarily refund client nearly $500,000 without any concessions by property owner.  Ongoing litigation regarding the remaining contested monies.

• General Contractor – Represented respondent in ROC matter in which general contractor had not secured requisite permits, nearly two dozen substantive work items had been deemed by ROC investigator to fall below minimum workmanship standards, and which was subject to a written ROC directive.  Secured a broad and general release of all obligations under the construction contract, mutual releases, and dismissal of the ROC complaint for 1/3 of the originally demanded amount and 1/2 of the projected cost for contractor to address the ROC directive.

• Property Owner – Represented client in negotiating and securing resolution of a significantly delayed residential remodel dispute, securing a settlement providing for a credit of roughly 1/5 of the total project cost.

• General Contractor – Represented client in emergency hearing for significant subpoena non-compliance in ROC action.  Avoided imposition of sanctions.  Represented client in ROC complaint matter before the Office of Administrative Hearings (OAH), where permanent revocation of license and six figures of restitution was sought.  Upon full OAH hearing, contractor’s license was temporarily suspended pending payment of less than 50% of the restitution sought.

4.     Defamation

• Ex-Wife – Crafted and implemented strategy to respond to client’s ex-husband’s claims that ex-wife’s online Yelp comments constituted defamation, trade libel, and a breach of the parties’ Divorce Decree.  Defused and silenced ex-husband’s counsel’s threats of six-figure litigation and demands regarding execution of one-sided non-disparagement agreement.

5.     Divorce

• Husband – Assumed leadership of husband’s failed representation from previous legal counsel and promptly negotiated and documented satisfactory Rule 69 Agreement and subsequent Consent Decree.

• Wife – Advised wife on business operations, SBA loan, marital residence valuation and sale, and asset allocation matters implicated in divorce action.

• Wife – Strategized allocation of community property and parenting plan for minor child. Promptly negotiated and documented satisfactory full Rule 69 Agreement and subsequent Consent Decree.

6.     Homeowners Associations (HOA) & Community Association

• Homeowner – Successfully challenged legality of CC&Rs amendment that categorically prohibited short-term rentals. HOA admitted unenforceability of amendment, noticed association of same, and recorded a notice regarding same with the Maricopa County Recorder’s Office.

• Homeowners – Advised homeowners on appeal from prominent HOA Architectural Committee’s denial of primary paint color application to HOA Board of Directors.  Upon the HOA Board of Directors’ unanimous denial of the client’s appeal, crafted a demand letter threatening litigation to HOA’s counsel, after which the HOA Board of Directors granted a variance granting the paint application and retroactively repealing the fines assessed for alleged noncompliance.

• Homeowners – Successfully advocated to HOA Board of Directors on behalf of clients for the construction of a fence around the common area pool and purchase of additional insurance coverage for pool-related incidences.

7.     ​Insurance

• Homeowner and Policy Holder – Insurance company originally declined coverage for residential fire total structure loss.  Convinced insurance company to agree to policy limits dwelling coverage.  Dispute regarding additional coverage ongoing.

• Policy Holder – Insurance company originally agreed to coverage of less than 50% of projected costs of remediating damage caused by burst water pipe and less than 75% of loss of use/loss of rent damages.  Negotiated with insurance company to receive full estimated damage remediation amount and full loss of rent/loss of use coverage.  

8.     Intellectual Property

• Store Owner – Led negotiation and documentation of settlement agreement with Fortune 1000 company to nullify default judgment and permanent injunction prohibiting 50%+ of client’s business in exchange for payment of attorneys’ fees and costs incurred in underlying matter.

• Patent Assignor – Represented client in dispute with company to which client had assigned a valuable patent and related IP rights and provided valuable consulting services, but which had failed to make all required royalty payments during the entire multi-year consulting period.  Filed a Demand for Arbitration to rescind the patent and IP assignment, which forms the basis of the company’s business, immediately prior to opposing party’s planned new funding round, forcing respondent to timely settle dispute for an amount which, when compared to opposing parties’ pre-Arbitration “final and best settlement” was  (a) a six-figure increase in overall settlement amount; (b) an increase in upfront payment of nearly $50,00; (c) a reduction of payment period by ~13 years and significant increase in monthly payments; and (d) a significantly improved position in the event of opposing party default, including a stipulated judgment for  six figures in damages more than the client’s negotiated position, attorneys’ fees, and 12% interest accruing on the judgment and attorneys’ fee amounts (0% accruing previously).

9.     Personal Injury

• Motorsports Company – Extinguished three threatened personal injury claims pre-litigation through forceful responses to demand letters.

10.  Probate/Trust

• Successor Trustee – Assumed control of client representation from previous counsel when client was highly exposed to threatened six-figure breach of trust claim as successor trustee by multi-billion-dollar entity.  Led pre-arbitration and arbitration strategy and drafting in maneuvering client to secure arbitration settlement including every material client deal point requested in last settlement demand before filing of arbitration.

• Trust Beneficiaries – Counseled related beneficiaries under several trusts totaling $15,000,000+ in assets regarding each beneficiary’s rights concerning information, trust administration, successor co-trustee appointment, and related considerations.  Written communications directly facilitated: (1) undesired co-trustee’s resignation; (2) replacement of resigned co-trustee by institutional co-trustee; (3) withdrawal of conflicted trustees’ counsel; (4) termination of successor co-trustees’ planned conversion of income trust to total return unitrust; and (5) production to clients of requested estate-related documentation, including attorney-client communications between co-trustees and co-trustees’ previous counsel concerning the foregoing and other topics.

• Estate Beneficiary – Secured appointment of client as personal representative in heavily contested probate proceeding with decedent’s daughter.  Counseled client regarding complicated probate involving approximately 15 active, closely-held business with poor recordkeeping and a significant number of assets and debts.

11.  Professional Services

• Business Owner – Led strategy, legal and expert team coordination, and drafting for mediation, multi-district litigation, and settlement efforts in complex accounting malpractice, breach of fiduciary duty, and related claims matter involving mishandled 26 U.S.C. § 1033 involuntary condemnation exchange by national accounting firm resulting in seven figure settlement for client within the first six months of litigation.

• Accounting Firm and its Principal – Led pre-trial and trial strategy and drafting, including Motion for Summary Judgment. Negotiated global beneficial settlement of breach of fiduciary duty, professional negligence, unfair competition, and related claims seeking upwards of $7,600,000 in damages for a settlement payment of less than $10,000.

12.  Real Estate

• Commercial Landowner & Restaurant Operator – Navigated client’s dispute with neighboring property owner’s children over easement rights and obligations that had been contested for nearly 30 years, resulting in the neighbor recognizing the client’s easement, avoidance of litigation, and the neighbor’s agreement to terminate violative actions.

• Landowner – Led strategy and drafting of statutorily required Notice of Claim, Complaint, and settlement negotiations and communications in rural irrigation and water use practices actions against state entity seeking $1,000,000+ in damages and implicating trespass, private nuisance, inverse eminent domain, and related causes of action. Matter ongoing.

• 50% Landowner – Led defense of client in residential real estate partition action, prosecution of equitable contribution counterclaim against co-50% owner to increase settlement leverage, and negotiation of client’s buyout of the other owner’s 50% interest in the property assuming a property value $100,000 under market.

13.  Securities

• Two Investors – Co-led strategy and drafting in securities fraud and related claim FINRA arbitration action related to clients ~$500,000 investment in non-traded real estate investment trusts (REITs).  Secured significant, six-figure settlement prior to arbitration hearing.

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* Some of the representations summarized here were handled by Frazier Law team members prior to joining Frazier Law, PLLC.