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.
Reviews for Richard
Services
Areas of Law
Practice Details
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Firm InformationPositionPartnerFirm NameSpencer Fane, LLP
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Representative Cases & TransactionsCasesRepresentative 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
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Bar Admission & MembershipsAdmissions1997, Arizona
United States Court of Appeals, Ninth Circuit
United States District Court, District of Arizona
1997, Supreme Court of Arizona
1991, New York
MembershipsProfessional 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 & CertificationsLaw SchoolGeorge Washington University School of Law
Class of 1990
J.D.
George Washington University School of Law
Class of 1990
JD - Juris Doctor
Other EducationEmory University
Class of 1986
B.A.
Richard Henry Herold, Jr
2425 E. Camelback Rd., Ste. 850Phoenix, AZ 85016U.S.A.
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