Robert H. McKirgan

Robert H. McKirgan

Partner vCard
602.262.5396 office
602.734.3874 fax
201 East Washington Street
Suite 1200
Phoenix, AZ 85004

"One of the better-known litigators in the state and has a proven track record in handling litigation involving copyright infringement, fraud and breach of fiduciary duty." - Chambers USA

Robert McKirgan is a partner in the firm's Litigation Practice Group and practices primarily in the area of business, intellectual property and bankruptcy-related litigation. He is an experienced trial lawyer and has successfully tried numerous jury trials, bench trials and arbitrations, including obtaining multi-million dollar jury verdicts for clients in fraud, breach of fiduciary and copyright infringement actions.

Robert is a former certified public accountant with an extensive business background and has been listed in Best Lawyers for several years in Commercial Litigation and Bet-the-Company Litigation. In 2013, he was selected as Lawyer of the Year by Best Lawyers and his local peers for Intellectual Property Litigation.

Robert is a member of the Firm's Executive Committee.

Representative Matters

Mr. McKirgan has handled a variety of complicated litigation matters in state and federal courts across the country involving business torts, professional and D&O liability, class actions, deepening insolvency, fraudulent transfers, copyright infringement, and sports-related issues:

  • Defending former majority owner of a professional sports franchise in breach of fiduciary duty claims brought by minority owners.  
  • Representing credit card processing company in copyright infringement and fraud claims involving computer source code. In bifurcated matter in federal court, obtained two winning jury verdicts and multi-million dollar award for client.
  • Representing widow of author of unpublished biography of a musical group in asserting copyright infringement and other claims against producers, writers and director of successful Broadway musical.
  • In class action in federal court, representing a class in legal malpractice and breach of fiduciary duty action against prior class counsel.
  • Represented Bankruptcy Trustee of publicly traded restaurant chain in investigating and prosecuting claims arising out of financial demise of the company, resulting in recovery of hundreds of millions of dollars for the bankruptcy estate.
  • In a class action, represented an insurance carrier in action brought by insureds under automobile insurance policies arising out of the alleged use of non-manufacturer parts in repairs.
  • Represented board of directors of publicly traded company in a bankruptcy reorganization, resolving threatened claims by bankruptcy estate and Director & Officer insurance coverage issues.
  • Represented a University in a hearing in front of the NCAA's Committee on Infractions related to alleged violations of NCAA rules by the University's baseball program.
  • Represented Director & Officer insurance carrier in a coverage action brought by an insured under the policy. After 7-day arbitration, the 3-person panel rendered a complete defense verdict.
  • Represented Bankruptcy Trustees in two of the largest personal bankruptcies ever filed in recovering assets fraudulently transferred prior to bankruptcy.
  • Represented Olympic athlete in successfully obtaining injunction allowing her to compete in Olympic trials after being suspended from competition for alleged steroid use.
  • Has prosecuted numerous fraudulent transfer actions, including recovering millions in cash and assets from an off-shore Trust and Swiss bank account.
  • Has defended a number of law firms in legal malpractice, breach of fiduciary duty and malicious prosecution actions.
  • In addition, Mr. McKirgan has significant experience in alternative dispute resolution matters. He is a Judge Pro Tem and has successfully mediated dozens of cases in that role. He has also been retained by parties and appointed by Courts to serve as an arbitrator and discovery master in commercial litigation matters.

Related News

Benchmark Litigation affirms ‘Highly Recommended' ranking for multiple Lewis Roca Rothgerber Christie offices
22 individual attorneys included in peer-reviewed annual guide of top U.S. litigation firms
83 Lewis Roca Rothgerber Christie attorneys named in ‘Best Lawyers'
11 partners also honored as ‘Lawyer of the Year' in The Best Lawyers in America® 2017
Chambers USA recognizes Lewis Roca Rothgerber Christie attorneys
Annual rankings reflect law firm's focus on client service, value, commitment to excellence
McKirgan inducted into Litigation Counsel of America
Fellowship recognition granted by national trial lawyer honorary society
Arizona, New Mexico attorneys selected as Southwest Super Lawyers
Annual listings reflect peer recognition and professional achievement
Lewis Roca Rothgerber earns accolades in Benchmark Litigation rankings
Law firm ‘Highly Recommended' with 20 ‘Star' attorneys in guide of top U.S. litigation firms


  • Presenter, “The Use of the CPA in Bankruptcy Litigation,” presented at the AICPA National Conference on Fraud and Litigation Services, September 28, 2007
  • Presenter, “Trustee Standing in Bankruptcy Cases,” presented at ABA Business Bankruptcy Committee Meeting, November 2, 2006

Related Publications

  • Featured Litigator, "Standing on the Shoulders of Giants," Attorney at Law Magazine, October 2011
  • Co-Author, “Offensive Use of Motions in Limine,” Trial Evidence Journal, Volume 15, Number 2, Winter 2007
  • Co-Author, “Strong-Arm on Steroids - Applying or Injecting “Rights and Powers” Under 11 U.S.C. § 544 (a)” Norton Bankruptcy Law Adviser, September 2005
  • Author, “Cheating in the 21st Century,” Litigation, Volume 27, Number 4, Summer 2001



Other Publications


  • Fellow, Litigation Counsel of America
  • The Best Lawyers in America - Bet-the-Company Litigation, Commercial Litigation, Bankruptcy Litigation, Intellectual Property Litigation, and Real Estate Litigation, 2005-2017
  • Benchmark Litigation - Arizona "Local Litigation Star", 2014, 2016
  • Chambers USA - General Commercial Litigation, 2012-2016
  • Southwest Super Lawyers - Business Litigation and Bankruptcy/Creditors Rights, 2007-2015
  • The Best Lawyers in America - Lawyer of the Year - Phoenix - Intellectual Property Litigation, 2013
  • Martindale-Hubbell - "AV/Preeminent Attorney" Rating
  • Arizona's Finest Lawyers, 2011
  • Super Lawyers Corporate Counsel - Business Litigation, 2009

Other Info


J.D., magna cum laude, University of Illinois College of Law, 1987
B.S., with High Honors, University of Illinois, 1982

Bar Admissions

Arizona, 1987

Memberships & Affiliations

  • Firm Management including Executive Committee, head of Business Litigation Group, chair of Finance Committee
  • Arizona State University Trial Advocacy, Adjunct Law Professor
  • National Institute of Trial Advocacy, Faculty member
  • Professionalism course given to all State Bar members, Faculty member
  • Volunteer Lawyers Program and the Tenants Rights Clinic, Active
  • Maricopa County Bar Association, Member