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Shawn K. Aiken
Shawn Aiken's practice emphasizes Arizona trials
and complex business litigation involving contracts and business torts. The
Super Lawyers and
Best
Lawyers selectee also devotes a substantial portion of his practice to
mediation and arbitration.
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Mr. Aiken's PDF biography provides details on his litigation, arbitration and
mediation experience
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View Mr. Aiken's American Arbitration Association résumé
Professional Activities and Honors
American Bar Association: Sections on Litigation and Intellectual Property
United States Supreme Court Bar
State Bar of Arizona:
Alternative Dispute Resolution Section; Trial Practice Section;
Fee Arbitration Panel; Civil Practice and Procedure Committee, 2002-2007
Super Lawyers®:
Top 50 Arizona Lawyers
(2009-2010)
Super Lawyers®:
Business Litigation and Alternative Dispute Resolution (2007-2010); Southwest
Super Lawyers Cover Feature (2010)
The Best Lawyers in America®:
Commercial Litigation and Alternative Dispute Resolution (2009 and 2010 editions);
Alternative Dispute Resolution (2007 and 2008 editions)
Million Dollar Advocates
Forum
The Top 100
Trial Lawyers (Arizona), The American Trial Lawyers Association, 2008
Arizona Foundation for
Legal Services and Education Award, "Top Pro Bono Attorneys of
Arizona," 2004
Volunteer Lawyers Program,
Volunteer of the Month,
July 2003 and June 1998
Arizona Bar Foundation Award, “Top
50 Pro Bono Attorneys in Arizona,” 2001
Highlights
Certified by the
National Board of Legal Specialty
Certification (Civil), 1996-2011
During more than
20 years of litigation and trial work, has represented
clients in trademark, trade dress, partnership and closely
held shareholder disputes; violations of non-competition
covenants; mismanagement, fraud and breaches of fiduciary
duty; RICO; interference with and inducing breach of
contract; trade secrets; breach of contract;
misrepresentation; and
unfair competition cases
Lead attorney on hundreds of litigated
cases, including
nearly 25 trials to judgment and a plaintiff’s bad faith
jury verdict of over $1 million
Successfully defended against a fiduciary duty and lost
profits claim in which the plaintiff sought over $40 million,
resulting in a complete defense verdict
Successfully represented plaintiffs
in a partnership dispute, overcoming the burden created by the lack of a
written partnership agreement in winning a
$4.5
million arbitration award
Arbitrations and trials as lead counsel have ranged from
legal malpractice to business sales, complex contract
disputes, contempt proceedings, disciplinary actions and
fraudulent transfer claims
Conducted over 150 arbitrations,
mediations, settlement conferences, and jury trials as arbitrator, mediator, and
judge pro tempore.
Successfully defended numerous bankruptcy discharge actions
totaling over $30 million and a breach of contract claim
exceeding $30 million against a local government
Sample verdicts and settlements
Published Cases
Steven Karbal v. Arizona
Department of Revenue, et al., 158 P.3d 243 (App. 2007)
Meritor Savings Bank v. Camelback Canyon Investors,
792 F.Supp.
697(D. Ariz. 1992)
Matter
of Mulhall,
159 Ariz. 528, 768 P.2d 1173 (1989)
Elgin
v. Great-West Life Assurance Company,
163 Ariz. 176, 786 P2d
1027 (App. 1989)
Professional Affiliations
Litigation Counsel of America: State delegation co-chair
American Association for Justice: Commercial Litigation Section
Federal Bar Association
Chartered Institute of
Arbitrators, member
American
Arbitration Association: International Arbitration Panel; National Commercial
Panel of Neutrals; National Sports Panel; Large, Complex Case
Panel; Arizona Advisory
Council
National Arbitration and Mediation: International Panel of Complex Commercial Arbitrators
National Academy of Distinguished
Neutrals
College of
Commercial Arbitrators: Fellow
Master, counselor, and past
president, Horace Rumpole Inn of Court
Publications and Speaking
Engagements
“Court-Assigned Arbitration: A
Step-by-Step Guide Through the Process” (faculty member), State Bar of Arizona,
2010
"Consolidation
of Separate Arbitration Proceedings," Private Arbitration Update, State Bar
of Arizona, 2009
"2009 Private Arbitration Update"
(faculty member),
State Bar of Arizona, 2009
"The CPA’s Role in ADR," AICPA
National Fraud and Litigation Services Conference, 2008
"Civil Litigation Rules and Case
Law Update" (faculty member), State Bar of Arizona 2008 convention
"2008 Private Arbitration Update:
Advanced Arbitration Practice"
(faculty member),
State Bar of Arizona, 2008
“Electronic Discovery and Offers of
Judgment” (faculty member), State Bar of Arizona Trial Practice Section, 2008
"Discovery in Arbitration" (panel
member), State Bar of Arizona ADR Section, 2008
"Private Arbitration in Arizona," State Bar of Arizona, 1999
Facilitator, State Bar of Arizona
Professionalism Course, Arizona Association of Defense Counsel, 1999
"Business Tort Litigation"
(three-day panel presentation and materials), State Bar of Arizona, CLE by the
Sea (California), 1998
"Financial Expert Witnesses"
(presenter and demonstration), National Litigation Support Services American
Educational Conference (Arizona), 1997
"Nondischargeability Litigation"
(presenter and materials), State Bar of Arizona Eighth Annual Bankruptcy
Symposium, 1997
"Jury Instructions for Business
Cases" (presenter and materials), State Bar of Arizona, CLE by the Sea
(California), 1996
"Civil Jury Instructions"
(presenter), State Bar of Arizona Corporate and Business Litigation Subsection,
1996
"Civil Jury Instructions"
(presenter), Pima County (Arizona) Bar Association CLE Seminar, 1996
"Financial Expert Witnesses" (panel
and demonstration), National Litigation Support Services Association Educational
Conference (Texas), 1995
Court Admissions
Arizona, 1983
U.S. District Court for the District
of Arizona, 1983
U.S. Court of Appeals for the Ninth
Circuit, 1983
Supreme Court of the United States,
2010
Community Involvement
Coach,
2009 Jenckes Cup Competition, Arizona State
University Sandra Day O'Connor College of Law
Arizona Baseball and Softball
Commission
University Lutheran Church
Tempe Leadership I
Coach: JAM Basketball, Tempe
Mudcats Baseball Club, Tempe American Little League and All-City Basketball
Education
Arizona State University, J.D.,
1983
St. Olaf College, B.A. cum laude,
1980
Personal
Born in Grand
Forks, North Dakota
Shawn and his wife, Lynn, have two
children, Ellen and Eric |
