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Litigation Experience

Don Bivens is a renowned and trusted trial lawyer. He is rated by his peers as a Best Lawyer across five separate categories of complex litigation: (1) Financial and Banking Litigation (three times “Lawyer of the Year”); (2) Bet-The-Company Litigation; (3) Intellectual Property Litigation; (4) Securities Litigation; and (5) Commercial Litigation. Don is a former Chair of the Section of Litigation of the American Bar Association.  He currently Chair the ABA’s Center for Innovation.   He is a former President of the Arizona State Bar. 

Don’s experience spans  federal and state courts across the country.

Representative cases include:   

  • Defending a Big 4 accounting firm against $25 million in claims for accounting and auditing malpractice.
  • Representing a global chemical company in prosecuting and defending claims for patent infringement
  • Prosecuting over $100 million in claims by a County against multiple medical providers for illegal reimbursement schemes, including Medicare, and ACHCCS reimbursement criteria.
  • Prosecuting a failure to diagnose breast cancer claim against a leading national hospital and clinic, and prosecuting multiple medical malpractice cases for substandard surgeries.
  • Prosecuting a $20 million trade secret claim against an international semiconductor and MOSFET manufacturer. 
  • Prosecuting and defending complex software and hardware contracts and licensing agreements.
  • Defending a $20 million claim for trade secret misappropriation over complex electronic control systems for generators used in oil-field fracking
  • Prosecuting and defending claims of architectural and construction malpractice in theaters, schools, hotels, resorts, parking structures and homebuilding.
  • Defending claims of environmental contamination and remediation.
  • Defending officers and directors of a national public restaurant franchise company against allegations of securities fraud. 
  • Defending a global medical manufacturer against products liability claims for implanted devices.
  • Defending claims of legal malpractice in municipal bond transactions.
  • Investigating allegations of illegal stock option trading by executives in a national pharmaceutical company.
  • Investigating claims of illegal drug sales in the work force of a global engineering and manufacturing firm.
  • Representing a global aerospace executive against claims of trade secret misappropriation his former company’s trade secrets.
  • Representing a whistleblower with over $100 million in claims against a global bank for illegal banking practices.
  • Representing a large recycling facility against a municipality for a $50 million breach of contract. 
  • Prosecuting and defending claims for personal injuries and wrongful death in plane crashes, vehicular and marine accidents.
  • Representing naturalized citizens against the federal government in proceedings to strip their U.S citizenship.
  • Representing physicians in hospital privileges disputes across multiple specialties, including antitrust issues.
  • Representing Trustees and Personal Representative in significant Trust & Estate Disputes and claims of breach of fiduciary duties. 
  • Representing employees and companies in disputes over restrictive covenants.
  • Prosecution of claims for abuse of process and malicious prosecution
  • Prosecution of Section 1983 claims against governmental entities.
  • Representing employers and employees in cases of wrongful termination and whistleblowing cases.
  • Representing the Chinese community in Phoenix to preserve the Chinese Cultural Center.