"Has a great deal of experience in commercial disputes, especially in relation to real estate, partnerships and joint ventures. " - Chambers USA
Randy has been with the firm for more than twenty years and recently served as Practice Group Leader of the firm's Litigation section for five years. As set forth near the end of this bio, he has been recognized as a top Arizona litigator by Benchmark Litigation, Best Lawyers, Chambers International, Martindale-Hubbell, Phoenix Magazine and Southwest Super Lawyers.
Randy’s practice focuses on trial work, commercial litigation and antitrust counseling.
Randy has an active trial practice and has successfully tried cases ranging from his defense of a man accused of first-degree murder to a complex lease and regulatory dispute that resulted in an $11.2 million jury verdict for the Firm’s client. He also regularly arbitrates cases and has obtained several awards exceeding $1 million in arbitrations and several defense verdicts in the same area arising out of partnership and corporate disputes. In 2011, Randy was invited into and inducted as a Fellow of the American College of Trial Lawyers, the preeminent trial lawyer organization in America.
With a background in finance and economics, Randy has experience in handling a wide variety of commercial disputes. He has particular experience in disputes involving partnerships and other joint venture disputes, real estate, banking, distributor terminations, restrictive covenants, and in high stakes litigation. He was selected by Best Lawyers and his local peers as the 2013 Lawyer of the Year for “Bet-the-Company Litigation.”
Antitrust Disputes and Counseling
Randy counsels trade associations, industry consortiums, non-profits and corporations on antitrust, restrictive covenant and other unfair competition matters, and has served as counsel in several major antitrust class actions filed in Arizona. He is a past Chair of the Antitrust Section of the State Bar of Arizona.
On a pro bono basis, Randy has handled three high-profile murder cases in which he believed the defendants had been falsely accused. In one, after a six-week trial, the jury hung 8-4 in favor of acquittal. In another, the State eventually dismissed all charges. In the third case in Qatar, Randy's clients were exonerated by the Qatari courts. Randy has received multiple awards for his pro bono and community service work.
- Regularly handles disputes involving partnerships, limited liability companies, close corporations, and joint ventures.
- Represented over 20 professional drag racing teams in their successful unfair competition suit against the National Hot Rod Association.
- Represented Lewis and Roca (effective September 1, 2013, Lewis Roca Rothgerber Christie) in its successful constitutional challenge to Nevada Supreme Court Rule 199, which prevented the Firm from using its name in Nevada.
- Retained mid-stream in a complicated patent infringement and trade secret case and brokered a five-way settlement favorable to his client within four months.
- Obtained complete defense verdict against the United States on behalf of an Arizona company after the United States demanded to unwind a transaction between the parties. After 12 years of litigation and a trial, the Court ordered the United States to pay attorneys’ fees and costs.
- Represented a sand and gravel pit operator in a complex dispute with regulators and its landlord that resulted in an $11,190,000 jury verdict and a total judgment exceeding $12,000,000 for the operator. The verdict was one of the top five jury verdicts in Arizona in 2007.
- Obtained, after prevailing at trial, first known appellate opinion in Arizona allowing a landlord to recover diminution-in-value damages for a shopping center based on the breach of a continuous operation covenant by the center’s anchor tenant.
- Devoted a decade to representing a man who was previously wrongfully convicted of first-degree murder and sentenced to life in prison. After succeeding in having the conviction overturned, and after a five-week retrial that involved leading scientific and medical experts from around North America, a jury refused to convict the man on any charges.
- Represented Matt and Grace Huang, Americans who were wrongly charged in Qatar of murdering their daughter. The Huangs eventually were exonerated by the Qatari courts.
- Counsel to The Sustainability Consortium and various companies and trade groups re antitrust compliance.
State of Arizona vs. Drayton Shawn Witt
Defendant's Memorandum in Support of Petition for Post-Conviction Relief
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Motion to Exclude the State's Expert Testimony
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- The Best Lawyers in America - Woodward/White, Aiken, S.C. - Antitrust Litigation, Banking and Finance Litigation, Bet-the-Company Litigation, Commercial Litigation, Real Estate Litigation, and Regulatory Enforcement Litigation, 2012-2017
- Southwest Super Lawyers - 2012-2014 Top 50 Arizona Super Lawyer - Business Litigation, 2010-2015
- Phoenix Magazine - Top Phoenix lawyer
- Martindale-Hubbell - "AV/Preeminent Attorney" Rating
- John P. Frank Pro Bono Awards Luncheon - Recognized for commitment - Pro bono service
- Chambers USA Annual Client’s Guide to Business Lawyers - Litigation: General Commercial, 2014-2016
- Benchmark Litigation - "Local Litigation Star" in Arizona, 2012-2014, 2016