Kimberly Demarchi is a partner in the firm’s Litigation Practice Group, where she represents public, private, and non-profit clients in civil appeals and in the litigation of complex matters. She represents clients at all stages of litigation, with a particular emphasis on litigating complex motions, advising clients and trial counsel on how to preserve and position issues for appeal, and briefing and arguing appellate cases. Kim also assists clients in obtaining time-sensitive relief from the court system, including temporary and preliminary injunctive relief, interlocutory and expedited appeals, and special actions.
A substantial part of Kim’s practice involves government law, including representing state, local, and tribal governments in administrative and court proceedings and advising a wide range of clients on compliance with campaign finance, election, and lobbying laws. Her election-law clients include candidates; individual contributors; political party organizations and clubs; independent expenditure committees; ballot measure sponsors, supporters, and opponents; corporate, union, and membership organization PACs; and nonprofit organizations.
Kim is active in numerous bar and community organizations. She is a frequent speaker at continuing legal education programs. She also periodically teaches undergraduate and law classes in topics including ethics, government law, and constitutional law.
- Represent public and private clients in state and federal court appeals at all levels and a wide range of substantive areas, including state and federal constitutional law, federal Indian law and the Indian Gaming Regulatory Act, attorney-client privilege, contractual rights and the priority of security interests, insurance coverage, mechanics liens, tort claims, public contracts and procurement, and employment termination.
- Obtain special and expedited relief from appellate courts, including expedited appeals, discretionary, and interlocutory review.
- Obtain expedited relief from trial courts, including injunctions against harassment and workplace harassment, temporary restraining orders and preliminary injunctions, and special action orders (certiorari, mandamus, and prohibition) in Arizona state court.
- Represent public and private clients in trial courts, developing a factual record through discovery, litigating complex case-dispositive motions, and trying cases to judges and juries. Subject matter areas include contractual obligations, tort liability, professional ethics, covenants not to compete, and intellectual property rights.
- Represent public and private clients in administrative proceedings including appeals before the Office of Administrative Hearings, procurement disputes before public agencies, and proceedings before the NCAA Committee on Infractions.
- Advise public entities on their obligations under public records and open meeting laws and advise private entities on obtaining information from public entities through public records requests.
- Advise nonprofit and citizen groups regarding lawfulness of expenditures to influence elections and legislative action, including registration, reporting and fundraising requirements as well as corporate formation and recognition of tax-exempt status.
- Draft proposed legislation for passage through the legislature or by citizen initiative.
- Advise clients on requirements of petitions support candidate or ballot measure campaigns; challenge or defend sufficiency of petitions filed.
- Initiative/Referendum Law Overview, State Bar of Arizona CLE on Arizona Election Law, April 2016 (with Roopali Desai and Lisa Hauser)
- The Paralegal’s Role on Appeal, Maricopa County Bar Association, Paralegal Division, Annual Convention, October 2015
- Ethics Update: A Review of the 2015 Ethical Rule Updates, State Bar of Arizona, September 2015
- Live Oral Argument: Become Game-Ready with Major League Coaching, State Bar of Arizona, Annual Convention, June 2015
- Ready, Set, Practice . . . But Not Without Ethics: Practical Pointers to Understand Revisions to Arizona’s Ethical Rules, State Bar of Arizona, Annual Convention, June 2015
- Bad PowerPoint: Don’t Do It, State Bar of Arizona CLE Institute, Fall 2014
- Lawyers in Transition, State Bar of Arizona, Annual Convention, June 2014
- Model Argument, Appellate Practice Institute, State Bar of Arizona, May 2014
- Citizens United, “Great Cases” undergraduate class, University of Arizona, March 2014
- Tribal Political Involvement: Strategy and Practice, July 2013
- Constitutional Policy and Legislation in the Era of Initiative, State Bar of Arizona, Annual Convention, June 2013
- Pros and Cons of Using Mediation to Resolve Public Records Disputes, Public Records Law Litigation Conference, March 2013
- Ethics Game Show, State Bar of Arizona, Annual Convention, June 2012
- History of Legal Service Programs in Arizona, State Bar of Arizona, Annual Convention, June 2013
- Ethics of Appellate Advocacy and Model Argument, Appellate Practice Institute, State Bar of Arizona, April 2012
- Corporate Political Involvement, Arizona Corporate Counsel Forum, April 2012
- Appellate Litigation: Foundations, Arizona Foundation for Legal Services and Education, April 2012
- Arizona Supreme Court Review, May 2011, April 2012
- Trends in State and Local Election Law: Planning for the Future, American Bar Association State and Local Government Section Fall Meeting, September 2011, March 2012
- What Every Trial Lawyer Should Know About Appeals, Maricopa County Bar Association, March 2012
- Annual Construction Law Update 2012, State Bar of Arizona Construction Law Section, February 2012
- Taking Your Cause Public: Direct and Grassroots Lobbying by Foundations, CASE Conference for Institutionally Related Foundations, April 2011
- Redistricting: How Did We Get Here?, State Bar of Arizona CLE program on Legislative Redistricting, March 2011
- Developments in Election Law and Corporate Advocacy, State Bar of Arizona Business Law Section, April 2010
- Ethics of Appellate Advocacy, Appellate Practice Institute, State Bar of Arizona, February 2010
- Civil Case Update, State Bar of Arizona CLE program, Working with the Court of Appeals, November 2010
- Obligations of Public Employees, Law for the University Administrator Workshop, Arizona State University, October 2010
- State Bar Election Law Bi-Annual CLE, April 2008, March 2010, April 2012
- Arizona Advocacy Overview, Alliance for Justice Worry-Free Advocacy Training, October 2007, May 2009
- Voting Procedures, New Appellate Rules, Ethical Issues in Election Law, Election Law in Arizona, Lorman Education Services, September 2007
- Discovery and Investigation, Minority Legal Writing Program, March 2007, February 2008, March 2010
- Election Protection Training, Arizona Democratic Party, October/November 2006, October 2008, October 2010
- Arizona Campaign Finance Law Basics, EMILY’s List, 2005
- Religion and the Schools: The Latest Issues and Cases, Arizona School Boards Association Conference, 2004 (with David Garner)
- IDEA’s Reauthorization and Its Interaction with the No Child Left Behind Act, 2004
- “Election Process and Procedure,” Arizona’s Government: The Next 100 Years, 2010 (briefing book for the 97th Arizona Town Hall)
- “Election Campaign Funding After Citizens United,” Arizona Attorney, 2010
- “Arizona State Law Resources,” Alliance for Justice, 2007, 2010
- Co-Author, “Direct Democracy and Indirect Regulation: The Brewing Conflict Between Federal Campaign Finance Law and State Ballot Measure Campaigns,” William Mitchell Law Review, 2008
- Co-Author, “Strategies for Litigating Computer Software Copyright Claims,” Litigation, Fall 2007
- The Best Lawyers in America - Woodward/White, Aiken, S.C. - Appellate Law, 2013-2017
- Southwest Super Lawyers - "Top 25: Women Arizona Super Lawyers", 2014-2015
- Super Lawyers Southwest Rising Stars - Appellate, 2012-2013
- Martindale-Hubbell - "AV/Preeminent Attorney" Rating
- Judge Learned Hand Emerging Leadership Award - American Jewish Committee - Commitment to the values of public and community service, 2008
- Benchmark Litigation - "Local Litigation Star" in Arizona, 2014, 2016
- Arizona Foundation for Legal Services and Education - Top 50 Pro Bono Attorney in Arizona, 2012