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Richard H. (Rick) Herold

Partner

Spencer Fane attorney Rick Herold

T 602.333.5453
F 602.333.5431
rherold@spencerfane.com


Rick Herold has focused his mediation, arbitration, litigation, and trial work in (1) real estate litigation for developers and other property owners, including condemnation litigation; (2) financial services litigation for banks and other creditors; and (3) employment litigation on behalf of management aimed at protecting trade secrets and avoiding the solicitation of customers and employees.

Rick’s representative matters demonstrate a practical and tailored approach to dispute resolution, leading to early mediated resolutions, targeted summary judgment efforts to resolve federal and state court cases early and avoid trial, and successful jury trial results across a range of industries, from banking to mining to real estate development, generally in matters with $500,000 to $250 million in dispute.  Representing plaintiffs and defendants equally, he has frequently been successful in recovering counsel fees and costs for his clients.

Highlights of Rick’s experience include:

  • Achieved successful trial, summary judgment, and other favorable results (including recovery of counsel fees) for multiple banks on injunctive relief, commercial receivership, loan enforcement, fraudulent transfer and stay relief proceedings in state and bankruptcy court on loans ranging from $2,000,000 to $75,000,000.
  • Obtained a summary judgment ruling for a Fortune 500 mining concern, affirmed twice on appeal, along with an award of counsel fees, in the prosecution of a quiet title claim (and related defense of an adverse possession claim asserting ownership of an 800-acre parcel).
  • Resolved numerous condemnation matters for property owners including one case involving a $100,000,000 condemnation of a utility.
  • Successfully defended an Arizona manufacturer against a $25,000,000 claim filed in California state court, allegedly arising from a defective prototype to be used for national defense purposes, resolving it days before a nine-day trial for only $15,000.
  • After depositions, succeeded in persuading claimant to release $5,000,000 claim filed against a national commercial real estate brokerage firm two days before the commencement of an eight-day AAA arbitration.
  • After conducting depositions in defense of a trade secrets claim, persuaded adverse counsel to sign a release to abandon litigation of an alleged $30,000,000 claim asserted against telecommunications client.
  • Prosecuted trade secrets rights and remedies for multiple clients resulting in the return of confidential, proprietary and trade secrets materials.

Presentations and Publications

  • Co-Presenter, “Taking Squatters to the Cleaners for Using Your Dirt: Best Practices to Avoid and Defeat Adverse Possession Claims,” State Bar of Arizona, Real Property Section, Tucson, AZ (March 8, 2017)
  • Presenter, “Litigating Privacy, Data Breach and Cybersecurity Issues in 2014: The SEC View on Disclosure Obligations,” American Bar Association Section of Litigation Annual Conference (April 2014)
  • Risk Management Presentation to Real Estate Agents and Title Agents (October 15, 2013)
  • Presenter, “From the Front Line – Legal Hazards and Issues of Interest to Banks and Their Directors,” Arizona Bankers Association: Directors and Leadership College (November 2012)
  • Co-Presenter, “Real Property Management and Leasing in the Wake of a Trustee’s Sale,” MCBA Real Estate Series CLE Presentation (February 2012)
  • Panelist, “Current Developments in Ethical Issues,” State Bar of Arizona’s Ethics Committee-Hosted Seminar addressing Ethical Rule 4.4 and related opinions issued by the State Bar of Arizona’s Ethics Committee and the American Bar Association regarding the obligations of counsel when privileged communications are inadvertently disclosed (December 14, 2011)
  • Presenter, “Managing Your Practice,” 2010 State Bar of Arizona Annual Convention, Glendale, AZ (June 2010)
  • Presenter, “Taming the Tumult: Law Practice Management Tips from the Trenches,” State Bar of Arizona CLE, Phoenix, AZ (September 2009)
  • Presenter, “How to Make Money Ethically: Tips for Attorneys in Fee Arbitration Hearings,” State Bar of Arizona CLE, Phoenix, AZ (August 2007)
  • Author, “Arbitration Provisions May Inadvertently Waive Indian Tribes’ Sovereign Immunity,” Maricopa Lawyer (May 2002)
  • Author, “Putting Together a Successful Mediation,” Maricopa Lawyer (March 2002)
  • Speaker, “Cost-Effective Business Litigation in Arizona,” Lorman Education Services (October 2001)
  • Presenter, “The Americans With Disabilities Act: Litigation Risks and Preventive Measures,” Somerset County Chamber of Commerce, Somerset, NJ (June 1996)
  • Presenter, “Hiring, Testing, Supervising and Terminating Employees in Safety-Sensitive Positions: Legal Issues Arising Under the Department of Transportation’s Drug and Alcohol Testing Regulations, The Americans With Disabilities Act, The Family and Medical Leave Act and Related Federal and New Jersey State Law Requirements,” Somerset County Chamber of Commerce and the Governor’s Council for a Drug-Free Workplace, Somerset, NJ (April 1996)

Community Involvement

  • Southwest Behavioral & Health Services, Board of Directors (2017-present)
  • Partnership for Drug-Free Kids, Arizona Affiliate, Board of Directors (2014-2016)
  • Town of Paradise Valley, Arizona, Personnel Appeals Board (2015-present), Chair (2016-2018), Public Safety Personnel Retirement Board (2013-2015)
  • Emory College Alumni, Board of Directors (2012-2015)
  • Brophy College Preparatory, Dad’s Club (2010-2014)
  • Phoenix Country Day School, Dad’s Club (2013-2017)
  • Valley of the Sun United Way, Resource Management Committee (2011-2014), “Destination Graduation” Mentor at Central High School (2012-2013 Academic Year)
  • St. Mary’s Food Bank, Volunteer (2011-present)
  • Economic Club of Phoenix (September 2011-present)
  • Phoenix Chamber of Commerce (2011-present)
  • Junior Achievement of the Central District of Arizona, Board of Directors (2006-2008)
  • State Bar of Arizona’s “Operation Good Neighbor” Program (aiding displaced victims of Hurricane Katrina), Volunteer
  • United Way of Somerset County, New Jersey, General Counsel and Trustee (1993-1996)

Memberships

  • American Bar Association
    • Commercial & Business Litigation Committee (2013-present)
    • Forum on Franchising (2016-present)
    • Ethics Subcommittee, Co-Chair (2013-2014)
    • Trade Secrets Litigation Subcommittee, Co-Chair (2013-2014)
  • Judge Pro Tempore, Maricopa County Superior Court (2004-2007, 2014-2015, 2016-2017)
  • State Bar of Arizona
    • Fee Arbitration Committee, Member (2005-2012), Chair (2008-2011)
    • Ethics Committee (2010-2016)
  • Fellow, American Bar Foundation (2016-present)
  • Urban Land Institute (2013-present)
  • New Jersey Supreme Court, District XIII, Ethics Committee appointment (1996-1997)

Distinctions

  • The Best Lawyers in America®, Commercial Litigation (2016-2020)
  • Southwest Super Lawyers®, Business Litigation (2014-2015, 2017-2018), Bank Litigation (2013)
  • Ranking Arizona: The Best of Arizona Attorneys, Banking (2013)
  • Arizona’s Finest Lawyers

Contact Rick Herold at 602.333.5453 or rherold@spencerfane.com.