Aiken Schenk

Attorneys

Legal Services News Feed

Contact Us

Home   Facebook Twitter Share

Shawn K. Aiken

Super Lawyers cover article

Practice Areas

Litigation

Mediation

Arbitration

Corporate Governance

certifications

Certified Civil Trial Advocate, National Board of Trial Advocacy

Honors and Awards

Super Lawyers®: Top 50 Arizona Lawyers, 2009-2014; Southwest Super Lawyers cover feature, 2010; Selectee, Business Litigation, Alternative Dispute Resolution (2007-2014)

The Best Lawyers in America®: Lawyer of the Year, 2012, 2015 (Mediation, Phoenix); Commercial Litigation and Alternative Dispute Resolution (2009-2015 editions); Alternative Dispute Resolution (2007 and 2008 editions)

Arizona’s Finest Lawyers, 2010-present

"Arizona's Top Lawyers," AzBusiness Magazine: Alternative Dispute Resolution, 2013, 2014

The Top 100 Trial Lawyers (Arizona), The American Trial Lawyers Association, 2008

Arizona Foundation for Legal Services and Education Award, “Top 50 Pro Bono Attorneys of Arizona,” 2001 and 2004

Maricopa County Bar Association Volunteer Lawyers Program: Volunteer of the Month, July 2003 and June 1998

Professional Memberships

State Bar of Arizona: Civil Practice and Procedure Committee, 2002-2007; ADR Section; Trial Practice Section; Fee Arbitration Panel; Model Jury Instruction Committee (RAJI 3d)

Federal Bar Association

Million Dollar Advocates Forum

Chartered Institute of Arbitrators

American Arbitration Association: National Commercial Panel of Neutrals; National Sports Panel; Large, Complex Case Panel

National Academy of Distinguished Neutrals: Charter Member

College of Commercial Arbitrators: Fellow

Horace Rumpole Inn of Court: Former Master, Counselor and President

court admissions

Arizona, 1983

U.S. District Court, District of Arizona, 1983

U.S. Court of Appeals, Ninth Circuit, 1983

Supreme Court of the United States, 2010

published decisions

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 P.2d 1027 (App. 1989)

recent memorandum decision

JGD, LLC v. American Title Service Agency, LLC, No. 1 CA-CV 10-0-466

News Archive

$4.5 Million Judgment in Partnership Dispute, Despite Absence of Partnership Agreements

Education

J.D., Arizona State University, 1983

B.A., cum laude, St. Olaf College, 1980

community involvement

Coach, Jenckes Cup Competition, Sandra Day O'Connor College of Law, Arizona State University, 2009-2011

University Lutheran Church

Arizona Baseball and Softball Commission, 2006

Tempe Leadership I

Coach: JAM Basketball, Tempe Mudcats Baseball Club, Tempe American Little League and All-City Basketball

Birthplace

Grand Forks, North Dakota

  Shawn Aiken: For six straight years, ranked among Super Lawyers' "Top 50 Lawyers" in Arizona

In the areas of complex commercial litigation, mediation and arbitration, few Arizona lawyers can match Shawn Aiken's reputation for legal skill and personal and professional integrity.

Shawn Aiken's practice emphasizes complex business litigation involving contracts, business torts, intellectual property and unfair competition. He devotes a substantial portion of his practice to mediation and arbitration, and was selected by Best Lawyers in America as "Lawyer of the Year" (Mediation, Phoenix) for 2012 and 2015. For six consecutive years (2009-2014) Shawn has ranked among Super Lawyers® Top 50 Arizona lawyers.

Key Representations

During nearly 30 years of state and federal trial and appellate work, Shawn Aiken 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 counsel on hundreds of litigated cases, including a plaintiff’s bad faith jury verdict of over $1 million and nearly 25 other trials to judgment

  • Successfully defended fiduciary duty and lost profits claims in which plaintiff sought over $40 million, resulting in a complete defense verdict

  • Successfully represented plaintiffs in a partnership dispute, overcoming hurdle created by the lack of a written partnership agreement in winning a $4.5 million arbitration award

  • Arbitrations and trials as lead counsel range from legal malpractice to business sales, complex contract disputes, contempt proceedings, disciplinary actions and fraudulent transfer actions

  • Successfully defended to judgment numerous bankruptcy discharge actions totaling over $30 million and a breach of contract claim exceeding $30 million against a local government

  • Successfully certified class of taxpayers seeking refunds of over $30 million from the State of Arizona

ADR Experience and Qualifications

Shawn Aiken has conducted hundreds of mediations, settlement conferences, and jury trials as arbitrator, mediator, and judge pro tempore. He is a Fellow of the College of Commercial Arbitrators and a Charter Member (Arizona) of the National Academy of Distinguished Neutrals.

Shawn has mediated nearly 200 commercial disputes (see representative mediation engagements), including those involving lenders, borrowers, and guarantors; commercial leaseholders and tenants; business partners, including closely-held shareholders, co-venturers, members of limited liability companies, and family members; residential and commercial construction projects; and claims of breaches of fiduciary duty, unfair competition, fraud, misrepresentation, breach of contract, interference with contract, misappropriation of corporate opportunity, and lost profits.

In addition, Shawn has served as sole arbitrator (see representative arbitration matters) in cases involving business and commercial claims ranging from $200,000 to $100 million and other remedies, including injunctive relief, implied license, and reasonable royalty in matters concerning, for example, sales of businesses; shareholder and operating agreements, especially non-compete, anti-piracy, buy-sell, and similar provisions; crop insurance coverage; insurance agency sales and shareholder agreements; franchise agreements; and construction agreements.

He has served on three-member arbitration panels (frequently as chair) in matters ranging from $10 million to over $90 million in dispute involving, for example, employment, inter-governmental, utility service, real estate development, and other agreements; appraisal and valuation of hotel and other commercial properties and leasehold interests; dissolution of medical, legal and other partnerships; and, investment banking agreements.

Publications

Presentations

  • "Ten Worst Mistakes Lawyers Make in Mediation of Litigated Commercial and Business Disputes, and How to Avoid Them" (webinar), ASU Sandra Day O’Connor College of Law, June 2014

  • "Ten Worst Mistakes Lawyers Make in Arbitration" (webinar), ASU Sandra Day O’Connor College of Law, May 2014

  • "RUAA and Drafting Clauses," Alternative Dispute Resolution Section, State Bar of Arizona, May 2014

  • Arizona College of Trial Advocacy, Faculty Member and Presenter, 2013

  • "Direct and Cross-Examination of Parties and Witnesses," Arizona College of Trial Advocacy, July 2013

  • “Managing a Successful Arbitration” (panelist), American Arbitration Association University, April 2013

  • “Ten Worst Mistakes Lawyers Make in Arbitration” (webinar), ASU Sandra Day O’Connor College of Law, January 2013

  • "Private Arbitration Update” (faculty member), State Bar of Arizona, 2008-2012

  • “Court-Assigned Arbitration: A Step-by-Step Guide Through the Process” (faculty member), State Bar of Arizona, 2012

  • "2012 Private Arbitration Update: Advanced Arbitration Practice" (faculty member), State Bar of Arizona

  • "What We Have Here Is a Failure to Communicate" (panelist), AAA/ICDR Neutrals Conference, March 2012

  • "Consolidation of Separate Arbitration Proceedings," Private Arbitration Update, 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

  • “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

  • Presenter on civil rules, arbitration and professional service to classes at the Sandra Day O’Connor College of Law at Arizona State University