PARTNER
Location: Phoenix, Arizona
Phone: 602-241-9221
Fax: 602-285-1486
Mr. Whitaker enjoys a broad commercial practice with an emphasis on trial and arbitration work. His litigation practice includes trials, injunctions, arbitrations, and mediation involving a wide spectrum of business related issues. He has substantial experience in representing employers and employees in connection with covenants not to compete, and anti-piracy or non-solicitation covenants, trade secrets, and confidentiality issues. He also has substantial experience in shareholder and partner disputes. He served as a director of Community Bank of Arizona and is knowledgeable about banking issues and FDIC matters. Mr. Whitaker has served as a public arbitrator with FINRA (formerly, NASD) dealing with investor arbitration claims since 1991 and formerly was a commercial law panelist with the American Arbitration Association. He currently serves on the LLC Litigation Subcommittee for the Arizona State Bar and on the Board for the Litigation Section for the Maricopa County Bar Association.
Mr. Whitaker also counsels business clients, including negotiating and drafting contracts and leases, and corporate governance documents, including Shareholder Agreements, Operating Agreements, and Employment and Independent Contractor Agreements. Mr. Whitaker was selected to be a member of Arizona’s Finest lawyers, which seeks to nominate the top 6-10% of lawyers in Arizona. Mr. Whitaker also is ranked “AV” by Martindale-Hubbell. He has been selected as a Top Rated Lawyer in Arizona and a Top Rated Lawyer in Business and Commercial Litigation in Arizona.
AREAS OF PRACTICE
- 35% Business litigation, arbitration, and trial
- 25% Shareholder, partner, and employment disputes, arbitration, and litigation
- 10% Trademark and copyright disputes, arbitration, and litigation
- 10% Professional malpractice and breach of fiduciary duty
- 10% Real estate and commercial lease litigation
- 10% Business counseling and business contracts
Litigation Percentage
- 80% of Practice Devoted to Litigation
BAR ADMISSIONS
- Arizona, 1987
- U.S. District Court District of Arizona, 1987
- U.S. Court of Appeals 9th Circuit, 1989
- Supreme Court of the United States of America, 1999
EDUCATION
- University of California, Hastings College of the Law, San Francisco, California J.D. – 1987 Honors: Top 16%; Moot Court Board
- University of California, Riverside, California B.A. (Magna Cum Laude) – 1984 Major: History
PUBLISHED WORKS
- Covenants Against Competition in Franchise Agreements (Contributing Author) American Bar Association Franchise Forum, 1992
PUBLISHED CASES
- TWE Retirement Fund Trust, 198 Ariz. 268, 8 P. 3d 1182 (Arizona Appellate 2000)
- Lloyd v. AMC , 195 Ariz. 144, 985 P. 2d 679 (Arizona Appellate 1999)
- Cho v. American Bonding Co., 190 Ariz. 593, 591 P. 2d 468 (Arizona Appellate 1997)
- A.G. Edwards & Sons, Inc. v. McCollough, 967 F. 2d 1401 (9th Cir. (Ariz.) 1992)
- Rent-A-Center, Inc. v. Canyon Television and Appliance Rental, Inc., 944 F. 2d 597 (9th Cir. (Ariz.) 1991)
CLASSES/SEMINARS
- Tortious Interference with Contractual Relations, Maricopa County Bar, 1984 – Present
- Enforcement of Trade Secrets and Covenants to Compete, AZ Licensor and Franchisor Association, 1991 – Present
HONORS AND AWARDS
- American Jurisprudence Award, Federal Government Contracts
- Moot Court Board
- Selected to Arizona’s Finest Lawyers (www.azfinestlawyers.org)
- Best Brief, Moot Court
- Rated “AV” by Martindale-Hubbell
PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS
- Maricopa County Bar Association, Member
- Federal Bar Association, Member
- Scottsdale Chamber of Commerce, Member
- Scottsdale Leadership, Member
- Arizona Bar Association, Member
- American Bar Association, Member
- AzFinestLawyers.org, member
PAST EMPLOYMENT
- Gaston & Snow, Associate, 1987 – 1991
PRO BONO
- Institutional Review Board, 1998 – 2011
- Villa Montessori, 1995 – 2008