Shawn K. Aiken

Shawn Aiken's practice emphasizes complex business litigation involving contracts, business torts, intellectual property and unfair competition. He also devotes a substantial portion of his practice to mediation and arbitration, and was selected by Best Lawyers in America as Lawyer of the Year, 2012 (Mediation, Phoenix). For five consecutive years (2009-2013), Shawn Aiken has ranked among Super Lawyers’ “Top 50 Arizona Lawyers.”

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Professional Activities and Honors

Super Lawyers®: Top 50 Arizona Lawyers (2009-2013)

Super Lawyers®: Business Litigation and Alternative Dispute Resolution (2007-2013); Southwest Super Lawyers Cover Feature (2010)

The Best Lawyers in America®: Lawyer of the Year, 2012 (Mediation, Phoenix); Commercial Litigation and Alternative Dispute Resolution (2009, 2010, 2011 and 2012 editions); Alternative Dispute Resolution (2007 and 2008 editions)

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

Certified Civil Trial Advocate, National Board of Trial Advocacy

Certified Civil Pretrial Practice Advocate, National Board of Trial Advocacy

Arizona's Finest Lawyers

Top Lawyers (ADR), Arizona Business, 2013

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

Representative Experience

Conducted hundreds of mediations, settlement conferences, and jury trials as arbitrator, mediator, and judge pro tempore.

During nearly 30 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

Successfully defended 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

Sample verdicts and settlements

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 P2d 1027 (App. 1989)

Recent Memorandum Decisions

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

Professional Affiliations

American Association for Justice: Commercial Litigation Section

Federal Bar Association

Million Dollar Advocates Forum

Chartered Institute of Arbitrators: Member

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

National Arbitration and Mediation: International Panel of Complex Commercial Arbitrators

National Academy of Distinguished Neutrals: Charter Member

College of Commercial Arbitrators: Fellow

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

Publications and Speaking Engagements

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

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

“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

"Mediation as a Part of the Construction Claims-Solving Process" (chapter author), Arizona Construction Law Practice Manual, Second ed., Vol. 2, 2011

“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

“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, 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

Education

Arizona State University, J.D., 1983

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

Personal

Born in Grand Forks, North Dakota

Married, with two children