Shawn Aiken

Profession

Attorney - Civil Trial Law; Arbitrator, Mediator.

Current Employer

Aiken Schenk Hawkins & Ricciardi P.C.

Area of Expertise

Commercial/Business
Contract Disputes
Joint Ventures
Legal Malpractice
Partnerships
Professional Fees
Professional Malpractice
Professional Negligence
Shareholder Disputes
Torts
Trade Secrets and Confidentiality Disputes
Utilities

Experience

During nearly 30 years of state and federal trial and appellate 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 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

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

College of Commercial Arbitrators: Fellow

National Academy of Distinguished Neutrals: Charter Member (Arizona)

Mediated nearly 200 commercial disputes (see list of 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.

Served as sole arbitrator in cases (see list of representative arbitration engagements) involving business and commercial claims ranging from $200,000 to $20 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.

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.

Work History

Shareholder, Aiken Schenk Hawkins & Ricciardi P.C., 1990-present; Associate, Beus, Gilbert & Morrill, 1984-90; Associate, O'Connor, Cavanagh, et al, 1983-84.

Cases

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

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)

Training

AAA Dealing With Delay Tactics in Arbitration (ACE004), 2007, 2005

AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2006

Attended AAA Neutrals Conference, 2005

AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2005

AAA Arbitrator Ethics & Disclosure (ACE003), 2004

AAA Commercial Arbitrator II Training: Advanced Case Management Issues, 2002

AAA Annual Arbitrator Update 2001

AAA Commercial Arbitrator Training, 1999

Maricopa County Superior Court Mediation and Settlement Training, 1998

AAA Introductory Arbitrator Training, 1995

Licenses

Admitted to the Bar: 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.

Awards

Super Lawyers®: Top 50 Arizona Lawyers, 2009-2016; Southwest Super Lawyers cover feature, 2010; Selectee, Business Litigation, Alternative Dispute Resolution (2007-2015)

The Best Lawyers in America®: Lawyer of the Year, 2012, 2015 (Mediation, Phoenix); Commercial Litigation and Alternative Dispute Resolution (2009-2016 editions); Alternative Dispute Resolution (2007 and 2008 editions)

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)

National Board of Trial Advocacy: Certified Civil Trial Advocate, Certified Civil Pretrial Practice Advocate

Certified Civil Pretrial Practice Advocate, National Board of Trial Advocacy

Arizona’s Finest Lawyers, 2010-present

Top Lawyers (ADR), Arizona Business, 2013

Top 20 ADR Attorneys, AzBusiness Magazine, 2015

Top 100 Lawyers, AzBusiness Magazine, 2013-2015

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

Panels

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

Associations

American Bar Association

Federal Bar Association

State Bar of Arizona, Member

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 Academy of Distinguished Neutrals: Charter Member

College of Commercial Arbitrators: Fellow

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

Education

Arizona State University, J.D., 1983

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

Publications

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,” Sandra Day O’Connor College of Law (Telephonic Seminar), 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

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

"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

Miscellaneous

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

http://www.ashrlaw.com/