Spencer Fane, LLPPartner

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About Richard Henry Herold, Jr

Richard Henry Herold, Jr is a lawyer practicing commercial litigation, alternative dispute resolution, corporate governance litigation and 6 other areas of law. Richard received a B.A. degree from Emory University in 1986, and has been licensed for 35 years. Richard practices at Spencer Fane, LLP in Phoenix, AZ.

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Services

Areas of Law

  • Commercial Litigation
  • Alternative Dispute Resolution
  • Litigation
  • Commercial Law
  • Other 5
    • Corporate Governance Litigation
    • Financial Services Litigation
    • Franchise Litigation
    • Real Estate Litigation
    • Receiverships

Practice Details

  • Firm Information
    Position
    Partner
    Firm Name
    Spencer Fane, LLP
  • Representative Cases & Transactions
    Cases
    Representative Matters: Real Estate Litigation Defended condemnee-utility in $100 million condemnation of water treatment
    distribution facility in Buckeye, Arizona
    Defended Phoenix area non-profit against municipal condemnation resulting in timely
    unencumbered sale of mountaintop property in Paradise Valley, Arizona
    Defended national real estate broker against $5 million claim before the American Arbitration Association
    Litigated the value of hundreds of commercial properties in deficiency litigation
    Defended lender in condemnation proceedings
    assisted in negotiating resolution
    Defended Arizona real estate agent in trial ethics charges before the Arizona Real Estate Board Financial Services Litigation H
    led jury trials
    /or summary judgment motions for bank clients
    related rejection of defenses
    /or counterclaims based on state or federal law, with related attorneys' fee awards
    Defended against lender liability complaints
    Served as counsel in numerous commercial receivership applications instituted by emergency Orders to Show Cause
    Filed motions for stay relief in bankruptcy proceedings
    h
    led subsequent trustee's sales
    Filed motions for examiners
    /or trustees in bankruptcy proceedings
    H
    led prosecution
    negotiation of proofs of claim with related payment of all attorneys' fees
    Served as counsel in loan workout negotiation for bank client in connection with a multiple participant $75 million loan
    Regularly defends banks
    other financial institutions against lender liability claims based on state
    federal law, including the Truth-in-Lending Act, Real Estate Settlement Procedures Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Home Owner Equity Protection Act,
    Electronic Funds Transfer Act Intellectual Property & Trade Secret Litigation Defended against alleged $30 million trade secrets misappropriation claim
    Defended $25 million lost profits claim, resolved before the start of a nine-day jury trial in Orange County, California
    Defended numerous federal
    state law claims, with related attorneys' fee awards, including trademark, trade dress, copyright,
    patent litigation
    H
    led prosecution
    defense of emergency requests for injunctive relief by TRO to protect trade secrets
    /or enforce non-solicitation/non-compete agreements for national franchisors
    others
    H
    led pre-mediation filing of a motion to dismiss Lanham Act claims Education George Washington University School of Law (J.D., 1990)
    Emory University (B.A., 1986) Strasbourg, France (Fall, 1984) Professional Memberships
    Activities American Bar Association Commercial & Business Litigation Committee (2013-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)
    State Bar of Arizona Fee Arbitration Committee, Member (2005-2012), Chair (2008-2011)
    Ethics Committee (2010-present)
    Urban L
    Institute (2013-present)
    New Jersey Supreme Court, District XIII, Ethics Committee appointment (1996-1997)

Experience

  • Bar Admission & Memberships
    Admissions
    1997, Arizona
    United States Court of Appeals, Ninth Circuit
    United States District Court, District of Arizona
    1997, Supreme Court of Arizona
    1991, New York
    Memberships

    Professional Memberships & Activities

    •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)

  • Education & Certifications
    Law School
    George Washington University School of Law
    Class of 1990
    J.D.

    George Washington University School of Law
    Class of 1990
    JD - Juris Doctor
    Other Education
    Emory University
    Class of 1986
    B.A.
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