Ed is a Partner who leads the firm’s Labor & Employment group and is also a key member of its Litigation group.
He has over 20 years of practice experience and has garnered the highest rating through the Martindale Hubbell Peer Review. Ed was selected as both a Benchmark Litigation 2016 Rising Star, and a top rated Employment & Labor attorney by the National Law Journal/Corporate Counsel Magazine and was most recently recognized as one of The Best Lawyers in America© 2018 by Best Lawyers®.
Ed represents and advises employers of all sizes regarding labor and employment law issues. This includes defense of employers before federal and state courts and administrative agencies (EEOC, NLRB, DOL, ACRD, etc.), and enforcement of employer rights relating to restrictive covenants, confidentiality agreements, trade secrets and intellectual property rights. He advises employers regarding the myriad of labor and employment issues which arise on a daily basis in the workplace. He prepares contracts, handbooks, severance agreements and other employment-related documents, and conducts workplace training and investigations.
Ed’s practice includes complex commercial litigation and class actions and he has substantial experience with commercial litigation in state, federal and bankruptcy courts. He has handled and advised on a variety of class actions, including in the areas of the Telephone Consumer Protection Act, environmental-toxic torts, shareholder litigation, enforceability of a Chapter 11 bankruptcy discharge, and wage-and-hour claims. Ed is a contributing author to the leading class action treatise Newberg on Class Actions.
Prior to becoming a lawyer, Ed worked as a Mechanical Engineer in the aerospace and electronic medical device industries. He is now known for providing top-notch, creative and cost-effective legal representation to his clients, and prides himself on always being readily available to his clients.
- Admitted to Arizona State and District Courts, U.S. Court of Appeals for the Ninth Circuit, and U.S. Court of Appeals for the District of Columbia Circuit
- Law Clerk, Hon. Thomas C. Kleinschmidt, Arizona Court of Appeals, Division 1 (1995 – 1996)
- Defense Research Institute (DRI), Member, Society for Human Resource Management (SHRM) – Greater Tucson Chapter
Publications & Presentations
- Introduction to Transactional Law Practice – Employment Law, University of Arizona Law School (April 2014, April 2015, and April 2016)
- “Employment Law Landmines: Top 10 Employer Errors,” Crest Insurance Presentation (Oct. 2014), RBC Wealth Management Presentation (July 2014)
- Newberg on Class Actions (4th ed. 2003), contributing author
- Raising the Stakes: Corporate Liability For Employees’ Private Acts, USLAW Employment Law Section Update, 2008, Co-Author
- Regularly advises and defends businesses of all sizes regarding employment law issues and claims (discrimination, harassment and retaliation; wage and hour compliance; disability accommodation; FMLA requirements; NLRA compliance; employer confidential information/trade secrets; restrictive covenants; drug and alcohol testing; layoffs/WARN Act requirements; etc.) before state courts, federal courts, arbitral forums and administrative agencies (EEOC, ACRD, NLRB, Dept. of Labor, Arizona Civil Rights Advisory Board, etc.).
- Conducted lengthy internal investigation and analysis on behalf of publically-traded employer regarding potential claims resulting from death of disabled employee.
- Defended directors of publically traded company in multiple shareholder class action lawsuits objecting to proposed corporate merger, asserting directors’ breach of fiduciary duties, etc.
- Defended publically traded company (and subsidiaries) against two separate attempts to fraudulently initiate bankruptcies on their behalves.
- Co-lead counsel in certified class action under Telephone Consumer Protection Act (47 U.S.C. § 227); obtained $60M summary judgment award for class, ultimately resulting in favorable settlement for class.
- Co-lead counsel in certified declaratory judgment class action in Delaware Bankruptcy Court seeking invalidation of confirmed Chapter 11 reorganization plan and discharge injunction of major national corporation based on failure to give constitutionally required notice to class of creditors.
- Defended governmental entity in environmental class action, and obtained de minimus cost of defense settlement.
- Defended law firm in malpractice claims pursued by FDIC relating to firm’s handling of post-foreclosure deficiency action.
- Obtained dismissal of multiple related lawsuits alleging numerous statutory, fraud and related claims arising out of alleged wrongful corporate takeover, resulting in almost half-million dollar award of attorneys’ fees and sanctions against plaintiffs.
- Tried state court case against importer and obtained fraud judgment with punitive damages against it, and then successfully pursued importer through bankruptcy proceeding obtaining non-dischargeability judgment against it.
Published & Notable Decisions
- In re United Artists Theatre Co., 406 B.R. 643 (Bankr. D. Del. 2009).
- In re United Artists Theatre Co., 410 B.R. 385 (Bankr. D. Del. 2009).
- Barber v. Nelson, 2009 WL 449250 (Ariz. App. 2009).
- Biggerstaff v. F.C.C., 511 F.3d 178 (D.C. Cir. 2007).
- National Union Fire Ins. Co. of Pittsburg, PA v. ESI Ergonomic Solutions, LLC., 342 F.Supp.2d 853 (D. Ariz. 2004).
- ESI Ergonomic Solutions, LLC v. United Artists Theatre Circuit, Inc., 203 Ariz. 94, 50 P.3d 844 (App. 2002).
- United Artists Theatre Circuit, Inc. v. F.C.C., 147 F.Supp.2d 965 (D. Ariz. 2000).
- State Comp. Fund v. Superior Court (EnergCorp, Inc.), 190 Ariz. 371, 948 P.2d 499 (App. 1997).
Honors & Awards
- The Best Lawyers in America© (Employment Law – Individuals) 2018
- “AV Preeminent Peer Review Rated” (the highest rating) through the Martindale Hubbell® Peer Review Ratings™ Process
- Future Star, Benchmark Litigation 2016
- Top Rated Lawyer – Employment & Labor Law, National Law Journal & Corporate Counsel Magazine (2015)
- Member, Southern Arizona Leadership Council
- Board Member, Risk Management Association of Southern Arizona
- Member, Volunteer Lawyers Program
- Junior Achievement of Arizona, Inc., Board Member (2010-2013)
- Hearing Officer, Marana Unified School District (1996-98)