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.

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

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)

Affiliations

American Bar Association: Sections on Litigation and Intellectual Property

State Bar of Arizona: Executive Council, Alternative Dispute Resolution Section; Trial Practice Section; Fee Arbitration Panel; Civil Practice and Procedure Committee, 2002-2007

Master, counselor, and past president, Horace Rumpole Inn of Court

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

ADR Systems of America, Panel of Arbitrators and Mediators

Litigation Counsel of America: State delegation co-chair

American Association for Justice: Commercial Litigation Section

College of Commercial Arbitrators: Fellow

Professional Activities and Honors

Super Lawyers® (2007-2009): Business Litigation and Alternative Dispute Resolution

Super Lawyers® Top 50 Arizona Lawyers (2009)

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

Arizona Foundation for Legal Services and Education Award, "Top Pro Bono Attorneys of Arizona," 2004

Judge Pro Tempore, Maricopa County Superior Court, 1994-2000

Volunteer Lawyers Program, Volunteer of the Month, July 2003 and June 1998

Arizona Bar Foundation Award, “Top 50 Pro Bono Attorneys in Arizona,” 2001

Publications and Speaking Engagements

"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

"2008 Private Arbitration Update" (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

Community Involvement

Valley Giving Circle

Arizona Baseball and Softball Commission

Rio Salado College President’s Community Advisory Council

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

 

 

 

 

 

 

 

 

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