"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.
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- Representing widow of author of unpublished biography of a musical group in asserting copyright infringement and other claims against producers, writers and director of successful Broadway musical.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.
- 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
- 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
- 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