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Arbitration  Experience

Don Bivens is an experienced arbitrator in complex matters. He sits on the prestigious national arbitration panel of FedArb and on the national roster of Commercial Litigators of the American Arbitration Association.

Don brings to the table his 40 years of litigation experience across the country, ranked by his peers as a Best Lawyer across five different categories: (1) Intellectual Property Litigation, (2) Bet-the-Company Litigation; (3) Banking and Finance Litigation; (4) Securities Litigation; and (5) Commercial Litigation.  A three-time recipient of “Lawyer of the Year”, Don has served as Chair of the Section of Litigation of the American Bar Association.  Since 2020 he has chaired the ABA’s Center for Innovation.  He is a former President of the State Bar of Arizona, and a member of the American Law Institute. 

Don sits on the prestigious national arbitration panel of FedArb and on the national rosters of the American Arbitration Association for Commercial Arbitration and for Consumer Arbitration.  

Don’s subject matter experience includes the following fields: 

Technology

Patents, Trademarks & Copyright Infringement

  • Chemical processes
  • Electronic design
  • MOSFET and Super MOSFET design
  • Semiconductor design and manufacture
  • Software design infringement

Aviation design, rotary, and fixed wing

  • Fencing design
  • Packaging design
  • Proprietary sports logos

Trade Secret Misappropriation

Including complex electronic control systems for missiles and generators

  • Trademark and Unfair Competition
  • Software and Hardware Disputes 
  • Software Performance and Suitability
  • Telecommunications
  • Aviation and Aeronautics

Energy

  • Manufacture of electronic transformers and generators
  • Nuclear generator performance and safety
  • Manufacture and use of turbine engines for portable energy generation 

Banking & Financial Matters

  • Complex Financing and Loan Agreements
  • Financial Fraud/Whistle-blower Cases
  • Litigation Financing
  • Real Estate Financing
  • Lender Liability
  • Consumer Debt

Employment Law

  • Covenants Not to Compete
  • Discrimination (Race, Gender, Religion, Sexual Orientation)
  • Sexual Harassment
  • Hostile Work Environment
  • Wrongful Termination and Whistle-blower Claims
  • Securities and Shareholder Disputes
  • Securities Fraud
  • Officer and Director Liability
  • Stock Options
  • Derivative Suits
  • Class Actions (Representing both Plaintiff’s and Defendants)
  • Proxy Disputes
  • FINRA and NYSE 
  • Accounting and Auditor Liability
  • Representing a Big Four Accounting Firm against claims of accounting and auditor malpractice.

Architectural, Engineering and Construction Malpractice

  • School design
  • Solar Energy
  • Parking garage design
  • Theatre construction and design

Medical Malpractice

  • Failure to Diagnose
  • Surgical Negligence
  • Hospital Privilege Disputes

Healthcare

  • Insurance, Medicare and AHCCS reimbursement disputes
  • Physician groups, departures, and dissolutions
  • Contracts for major medical devices.

Personal Injury & Wrongful Death

  • Plane Crash
  • Vehicular Collisions
  • Boating Injuries

Real Estate

  • Loan Facilities
  • Environment Remediation
  • Water pollution from leaking gas tanks
  • Purchase/Sale Transactions
  • Commercial and
  • Broker Disputes
  • Construction and Entitlements
  • Representing developers, owners, general contractors, and subcontractors in construction disputes involving entertainment venues, hotels, parking structures, and real estate development, and homebuilding.

HOA Matters

Estate and Trust Litigation

  • Personal Representative Liability
  • Trustee Liability 
  • Breach of Fiduciary Duties
  • Tax Liability
  • Will Contests
  • Elder Abuse

Sexual Abuse and Misconduct

  • Defending allegations of sexual abuse and misconduct

 

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