Bruce Samuels manages the firm’s 135 lawyer Litigation Section. He has obtained significant victories for clients over his 21 years with the firm.
Most recently he defended a real estate dispute and not only obtained a defense verdict, but also a judgment for $1.8 million in fees and costs against the plaintiff. Bruce’s efforts in addressing plaintiff’s discovery misconduct resulted in several sanctioned orders totaling over $50,000.
He has successfully handled business litigation and intellectual property litigation, including cases involving trade secrets, restrictive covenants, trademark infringement, unfair competition, and fraudulent transfers. He often represents clients in proceedings in which temporary restraining orders and preliminary injunctions are sought. He served on Lewis Roca Rothgerber Christie's Executive Committee from 2009-2014.
During and after college, Bruce lived, studied, and traveled in 35 countries, including a fourteen month research fellowship studying the public policies of tobacco, and volunteering for Crossroads Africa in Tanzania
Real Estate Litigation
- In a four-week trial, he defeated claims by the buyer of a big box retail store against the seller for $15 million in damages. He obtained a $1.8 million judgment for fees and costs incurred in successfully defending the lawsuit.
- After hard fought discovery, Bruce led a team that a obtained summary judgment and a multi-million dollar result for a real estate investment trust against a commercial tenant in Atlanta, Georgia. The tenant had failed to properly maintain the building and ceased paying rent after having the county “red tag” the property. The federal judge wrote that this case "represents a contractual dispute of biblical proportions."
- In defending a restaurant client in a lawsuit filed by a landlord over common area maintenance charges, the court granted our client summary judgment.
- Obtained an emergency order appointing a receiver to operate and arrange for the sale of an apartment complex.
Intellectual Property Litigation
- Obtained a stipulated permanent injunction against former insurance agent to prevent the use of the client’s confidential and trade secret information.
- In a trademark infringement matter, obtained a stipulated permanent injunction on behalf of a utility company against a competitor (United States District Court, Northern District of California).
- Defended a California based manufacturer in a lawsuit alleging breach of intellectual property rights by an Arizona company and obtained a dismissal for lack of personal jurisdiction as well as an award of attorney fees.
- Obtained a preliminary injunction on behalf of a taxi company, enjoining former drivers’ use of an infringing trademark. The former taxi drivers had started a competing company using the same trademark.
- Obtained a transfer of prioritymail.com and post-office.net for the United States Postal Service in a domain name dispute.
- Defended a client accused of cybersquatting, which resulted in the arbitration panel finding that the claimant was guilty of reverse domain name hijacking.
- Obtained a permanent injunction on behalf of an asphalt company against a competitor using a similar name.
- Obtained a permanent injunction on behalf of an alarm monitoring company against a person using the client’s name in a telephone book listing (United States District Court, Central District of California).
- Obtained a permanent injunction against a person for infringing an alarm monitoring company’s trademark (United States District Court, Eastern District of Missouri).
Restrictive Covenants/ Trade Secrets
- Obtained summary judgment on liability against former insurance agent for violating one-year contractual restriction on inducing customers to switch their insurance (United States District Court, District of Nevada).
- Defeated a motion for preliminary injunction filed by an iPhone application developer against a restaurant company alleging trade secret misappropriation.
- Obtained a temporary restraining order and preliminary injunction on behalf of a financial services firm against a former employee to prohibit solicitation of
- Obtained a preliminary injunction against an insurance agent requiring compliance with a one-year anti-piracy contract.
- Obtained judgments in five cases on behalf of an insurance company against former agents who had violated their one year anti-piracy agreement after they joined a competitor.
- Obtained emergency relief in the form of a temporary restraining order and preliminary injunction in a case involving a terminated insurance agent’s breach of his non-solicitation agreement. The court later granted summary judgment against the agent.
- Obtained a $924,000 judgment and permanent injunction against two corporations that had misappropriated security alarm customer accounts from a security alarm monitoring company.
Temporary Restraining Orders and Preliminary Injunctions
- Obtained a temporary restraining order for a client on the eve of a foreclosure sale of her house that allowed the client to challenge the validity of the underlying documents giving rise to the foreclosure.
- Obtained a temporary restraining order on behalf of an estate, freezing the assets of a suspected killer of the decedent who had transferred funds from the decedent’s bank accounts. The suspected killer ultimately released all interest in those accounts.
- Obtained a temporary restraining order on behalf of a fire alarm company preventing seizure of its assets by a lender.
- Resolved a software dispute between licensor and licensee through private mediation.
- Obtained summary judgment on liability on behalf of an insurance company against an agent who delivered a life insurance policy after learning the applicant had cancer. The court further determined that the agent was obligated to indemnify the insurance company for damages.
- Prosecuted a lawsuit by a dental service provider against an administrative entity that had terminated a contract through which our client provided dental care to Medicaid eligible patients. After defeating an effort to have the lawsuit dismissed, the parties agreed to a business solution by reinstating the contractual relationship and terminating the litigation.
- Obtained summary judgment against a former insurance agent who had sued the insurance company for post-termination payments pursuant to an agency contract.
- Obtained a permanent injunction against an internet stalker and harasser who established a number of fake identities, the source of which was revealed through subpoenas to the email service providers.
- In a case involving trade libel on the internet by a competitor, obtained a stipulated permanent injunction in New Jersey federal court prohibiting the competitor from defaming a flooring product company on LinkedIn and any other forums.
- Obtained summary judgment on an insurance agent's claims for damages allegedly arising from the insurance company's termination of the agent's agreement. Also obtained a sanctions award of $125,000 against the agent for judicial misconduct (United States District Court, District of Nevada).
- Obtained summary judgment and a permanent injunction on behalf of a fire alarm company against a competitor. The court ruled that the competitor was liable for unfair competition based on the competitor's use of the alarm company's equipment upon taking over monitoring at customer locations.
- Obtained summary judgment against the principal of the $924,000 judgment debtor for successor liability and fraudulent transfer.
- Obtained an injunction against a party that had posted a non-profit corporation’s budget on the internet.
- Successfully argued in the Ninth Circuit Court of Appeals, which affirmed a $135,000 sanction against a plaintiff for judicial misconduct. Miller v. American Family Mutual Ins. Co, Case No. 11-17679 (9th Cir. July 8, 2013). The Ninth Circuit also awarded the client attorneys' fees and costs based on a frivolous appeal.
- Served as the lead pro bono lawyer in Ashelman v. Wawrzaszek, 111 F. 3d 674 (9th Cir. 1996), establishing an Orthodox Jewish prisoner’s constitutional right to a kosher diet.
- Speaker, "Trade Secrets Update," State Bar IP CLE, April 2016
- Speaker, "Electronic Discovery and Computer Forensics," Arizona Society of CPAs, Forensics and Litigation Services Conference, December 2011
- Guest Speaker, "Litigating Restrictive Covenants and Trade Secrets," Phoenix School of Law's Intellectual Property, April 2011
- Speaker, "Restrictive Covenants," Entrepreneur Initiative, February 2011
- Taught a Legal Continuing Education seminar, "Trade Secrets for IP Practitioners," Maricopa County Bar Association, March 2010
- Taught a Legal Continuing Education course, "Litigating Trade Secret and Restrictive Covenants," State Bar of Arizona, October 2009
- Guest Lecturer, "Domain Name Arbitrations," ASU College of Law's Arbitration Class
- Guest Lecturer, "Cybersquatting disputes," ASU College of Law's E-Commerce Class
- Speaker, "Trademarks and Trade secrets," State Bar of Arizona Annual Convention
- Co-Author, "The Arizona Uniform Trade Secrets Act: To Preempt or Not to Preempt," Bloomberg BNA, February 2015
- Quoted, "En Banc Ninth Circuit Decision Could Send CFAA to Supreme Court for Review," Electronic Commerce & Law Report, April 2012
- Co-Author, "The Computer Fraud and Abuse Act: ‘Authorization' in Flux and the Ninth Circuit Dilemma," The Bureau of National Affairs, March 2012
- Co-Author, "Staking Claim to Your Domain," BizAZ, November 2001
- Author, "Medical Records: Getting Yours," Public Citizen Health Research Group, 1992
- Author, "The Politics Of Local Tobacco Control," Journal of the American Medical Association, October 1991
- Editor, "NYU Review Of Law & Social Change," 1993-1994
- Author, "Philip Morris' Failed Experiment In Pittsburgh," Journal Of Health Politics, Policy & Law, June 1992
- Author, "The Drug Testing Project In International Sports: Dilemmas In An Expanding Regulatory Regime," Hastings International And Comparative Law Review, April 1995
- The Best Lawyers in America - Commercial Litigation, Copyright Law, Intellectual Property Litigation, Real Estate Litigation, and Trademark Law, 2011-2017
- The Best Lawyers in America - Lawyer of the Year - Phoenix Litigation - Intellectual Property , 2017
- The Best Lawyers in America - Lawyer of the Year - Phoenix Copyright Law, 2016
- The Best Lawyers in America - Lawyer of the Year - Trademark Law, 2013
- Benchmark Litigation - "Local Litigation Star" in Arizona, 2014-2016
- Martindale-Hubbell - "AV/Preeminent Attorney" Rating
- John P. Frank Pro Bono Awards Luncheon - Recognized for commitment - Pro bono service
- AZ Business Magazine - Top Lawyers - Intellectual Property Law and Information Technology Law, 2010
- Arizona's Finest Lawyers, 2011