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Shawn K. Aiken
Shawn
Aiken's practice emphasizes complex business litigation involving
contracts, business torts, intellectual property and
unfair competition. He also
devotes a substantial portion of his practice to mediation and arbitration.
Mr. Aiken's PDF biography provides details on his litigation, arbitration and
mediation experience
Highlights
Certified by the
National Board of Trial Advocacy (Civil), 1996-2011
During more than
20 years of litigation and trial work, has represented
clients in trademark, trade dress, partnership and closely
held shareholder disputes; violations of non-competition
covenants; mismanagement, fraud and breaches of fiduciary
duty; RICO; interference with and inducing breach of
contract; trade secrets; breach of contract;
misrepresentation; and unfair competition cases
Lead attorney on hundreds of litigated
cases, including
nearly 25 trials to judgment and a plaintiff’s bad faith
jury verdict of over $1 million
Successfully defended against a fiduciary duty and lost
profit claim in which the plaintiff sought over $40 million,
resulting in a complete defense verdict
Successfully represented plaintiffs
in a partnership dispute, overcoming the burden created by the lack of a
written partnership agreement in winning a $4.5
million arbitration award
Arbitrations and trials as lead counsel have ranged from
legal malpractice to business sales, complex contract
disputes, contempt proceedings, disciplinary actions and
fraudulent transfer claims
Conducted over 150 arbitrations,
mediations, settlement conferences, and jury trials as arbitrator, mediator, and
judge pro tempore.
Successfully defended numerous bankruptcy discharge actions
totaling over $30 million and a breach of contract claim
exceeding $30 million against a local government
Sample verdicts and settlements
Published Cases
Steven Karbal v. Arizona
Department of Revenue, et al., 158 P.3d 243 (App. 2007)
Meritor Savings Bank v. Camelback Canyon Investors,
792 F.Supp.
697(D. Ariz. 1992)
Matter
of Mulhall,
159 Ariz. 528, 768 P.2d 1173 (1989)
Elgin
v. Great-West Life Assurance Company,
163 Ariz. 176, 786 P2d
1027 (App. 1989)
Affiliations
American Bar Association: Sections on Litigation and Intellectual Property
State Bar of Arizona: Executive
Council, Alternative Dispute Resolution Section; Trial Practice Section;
Fee Arbitration Panel; Civil Practice and Procedure Committee, 2002-2007
Master, counselor, and past
president, Horace Rumpole Inn of Court
Chartered Institute of
Arbitrators, member
American
Arbitration Association: International Arbitration Panel; National Commercial
Panel of Neutrals; National Sports Panel; Large, Complex Case
Panel; Arizona Advisory
Council
National Arbitration and Mediation: International Panel of Complex Commercial Arbitrators
National
Association of Subrogation Professionals
ADR Systems of
America,
Panel of Arbitrators and Mediators
Litigation Counsel of America: State delegation co-chair
American Association for Justice: Commercial Litigation Section
Professional Activities and Honors
Super Lawyers® Corporate Counsel
Edition (2008)
Southwest Super Lawyers®
(2007 and 2008 editions): Business Litigation
The Best Lawyers in America®
(2007 edition): Alternative Dispute Resolution
Million Dollar Advocates
Forum
Arizona Foundation for
Legal Services and Education Award, "Top Pro Bono Attorneys of
Arizona," 2004
Judge Pro Tempore, Maricopa County
Superior Court, 1994-2000
Volunteer Lawyers Program,
Volunteer of the Month,
July 2003 and June 1998
Arizona Bar Foundation Award, “Top
50 Pro Bono Attorneys in Arizona,” 2001
Publications and Speaking
Engagements
“Civil Litigation Rules and Case
Law Update” (faculty member), State Bar of Arizona 2008 convention
"2008 Private Arbitration Update"
(faculty member),
State Bar of Arizona, 2008
“Electronic Discovery and Offers of
Judgment” (faculty member), State Bar of Arizona Trial Practice Section, 2008
“Discovery in Arbitration” (panel
member), State Bar of Arizona ADR Section, 2008
"Private Arbitration in Arizona," State Bar of Arizona, 1999
Facilitator, State Bar of Arizona
Professionalism Course, Arizona Association of Defense Counsel, 1999
"Business Tort Litigation"
(three-day panel presentation and materials), State Bar of Arizona, CLE by the
Sea (California), 1998
"Financial Expert Witnesses"
(presenter and demonstration), National Litigation Support Services American
Educational Conference (Arizona), 1997
"Nondischargeability Litigation"
(presenter and materials), State Bar of Arizona Eighth Annual Bankruptcy
Symposium, 1997
"Jury Instructions for Business
Cases" (presenter and materials), State Bar of Arizona, CLE by the Sea
(California), 1996
"Civil Jury Instructions"
(presenter), State Bar of Arizona Corporate and Business Litigation Subsection,
1996
"Civil Jury Instructions"
(presenter), Pima County (Arizona) Bar Association CLE Seminar, 1996
"Financial Expert Witnesses" (panel
and demonstration), National Litigation Support Services Association Educational
Conference (Texas), 1995
Community Involvement
Valley Giving Circle
Arizona Baseball and Softball
Commission
Rio Salado College President’s
Community Advisory Council
University Lutheran Church
Tempe Leadership I
Coach: JAM Basketball, Tempe
Mudcats Baseball Club, Tempe American Little League and All-City Basketball
Education
Arizona State University, J.D.,
1983
St. Olaf College, B.A. cum laude,
1980
Birthplace
Grand
Forks, North Dakota |
