Joe is an accomplished problem solver, frequently counseling government agencies and officials, companies, and individuals through conflict resolution, litigation and federal and state investigations. He has broad experience working on both sides of the court, having represented both the government and entities under investigation subject to pre-indictments, civil liabilities and constitutional matters. Recently, he represented the Arizona Board of Education and the State Superintendent; he also successfully argued for the Arizona Independent Redistricting Commission to uphold that its formation did not violate the Constitution’s Election Clause in front of the United States Supreme Court.
As a member of the firm’s litigation group, Joe splits his practice between governmental investigations and litigation, complex commercial litigation, and appeals. In the commercial litigation realm, he frequently represents large corporations in class actions regarding securities fraud and other securities violations. A skilled writer and thinker, he has extensive experience in appellate arguing public law, constitutional issues and antitrust matters, and has authored amicus briefs in cases at the Arizona Supreme Court and the United States Supreme Court. Joe dedicates a significant portion of his practice to pro-bono work with a focus on representing clients seeking post-conviction relief for wrongful convictions.
Joe graduated from Columbia Law School. A regular public speaker, he has organized seminars for the State Bar of Arizona on internal investigations and working with the Arizona Supreme Court Review and Court of Appeals. Among other recognitions, Joe is listed by Chambers USA in Band 2 and has been included on the Benchmark Litigation 40 & Under Hot List for multiple consecutive years.
- Legacy Foundation Action Fund v. Citizens Clean Elections Commission: Represented Commission in enforcement of campaign finance disclosure requirements and obtained dismissal of appeal of the final agency decision. 408 P.3d 828 (Ariz. 2018) (argued).
- Harris v. Arizona Independent Redistricting Commission: Prevailed against claims seeking to invalidate independent commission’s state legislative maps before the district court and the United States Supreme Court. 993 F. Supp. 2d 1042 (D. Ariz. 2014); 136 S. Ct. 1301 (2016).
- Arizona State Legislature v. Arizona Independent Redistricting Commission: Supreme Court holds that the independent redistricting commission, created by popular initiative, does not violate the Constitution’s Elections Clause. 135 S. Ct. 2652 (2015).
- Arizona Independent Redistricting Commission v. Brewer: Arizona Supreme Court holds that Governor’s removal of Commission’s chairperson was unconstitutional and orders her reinstatement. 275 P.3d 1267 (Ariz. 2012).
- State ex rel. Montgomery v. Commissioner Colleen Mathis: Arizona Court of Appeals affirms injunction against Attorney General Office investigation into commissioners of Independent Redistricting Commission. 290 P.3d 1226 (Ariz. Ct. App. 2012).
COMPLEX COMMERCIAL MATTERS
- First Solar, Inc.: Arizona counsel for defendants in securities class action litigation and related securities matters.
- Aerotec International, Inc. v. Honeywell International Inc.: Court affirms summary judgment in what the court described as “an antitrust primer for aftermarket issues” including exclusive dealing, monopolization, and price discrimination claims. 836 F.3d 1171 (9th Cir. 2016)
- Graven v. Esposito: Court affirms dismissal of fraud claims.592 Fed. Appx. 585 (9th Cir. 2015).
- Fagerlie v. Markham Contracting: Court reverses summary judgment in case establishing guidance for enforcement of mechanic’s liens. 258 P.3d 185 (Ariz. Ct. App. 2011) (argued)
- Co-counsel on numerous securities class action matters.
- Representation of seller against fraud and breach of warranty claims after sale of company in Delaware superior court.
SIGNIFICANT PRO BONO MATTERS
- State v. King (2012-2017): Lead counsel representing a woman serving a 40-year sentence.
- Trump v. Hawaii (travel ban case)(2018): Co-counsel with Walter Dellinger, George Frampton, and Thomas Frampton for amicus Japanese American Citizens League.
- Holle v. Arizona (2017): Counsel of record on a petition for certiorari challenging constitutionality of conviction.
- Ohio v. Clark (2015): Counsel of record for amici Arizona Attorneys for Criminal Justice, Connecticut Criminal Defense Lawyers Association, and Iowa Association of Criminal Defense Lawyers.
- Welton v. State (2014): With the ACLU Criminal Law Reform Project, obtained judgment allowing child access to medicinal marijuana extracts for treatment of seizure disorder.
- Best Lawyers®, Appellate Practice, 2020-2022
- Benchmark Litigation: 40 & Under Hot List, 2018-2021
- Southwest Super Lawyers, Business Litigation, 2020-2022; Rising Star, 2012-2018
- Chambers USA, America’s Leading Lawyers for Business, Litigation: White-Collar Crime & Government Investigations, 2019-2022
- Ninth Circuit Lawyer Representative, 2019-Present
- Arizona State Bar Civil Practice and Procedure Committee Member
- American Jewish Committee Judge Learned Hand Awards, Co-Chair, 2013-Present
- Social Venture Partners, Member, 2012-2015
- Arizona Supreme Court Review (half-day seminar for State Bar of Arizona) (2017)
- Working with the Court of Appeals (all-day seminar for State Bar of Arizona) (co-chair) (2016)
- Responding to Police on Campus (2017)
- Government Information Demands (Maricopa County Bar Association) (2016)
- Lessons from United States v. Apple, Risky Contract Terms for Non-Monopolists (Association of Corporate Counsel) (2014)
- Conducting Effective Internal Investigations and Avoiding Liability Under the FCPA (State Bar of Arizona) (2013)
- Legal Reasons for Effective Compliance Programs (Association of Certified Fraud Examiners) (2013)
- The Dodd-Frank Wall Street Reform and Consumer Protection Act (half-day seminar for State Bar of Arizona) (chair) (2011)
- 5 Steps to Follow When Responding to a Government Subpoena
Phoenix Business Journal, November 10, 2017
- Arizona’s Appealing New Rules: The Overhaul of the Arizona Rules of Civil Appellate Procedure
Arizona Attorney, January 2015
- Civil Discovery Standards Influence New Criminal Guidelines
Pretrial Practice & Discovery, 0:4© by the American Bar Association, August 2012
- LinkedIn: Attorneys in Arizona should exercise caution with LinkedIn, The Record Reporter, April 29, 2015
- Civil Appellate Highlights (monthly column in Arizona Attorney) (with Eric M. Fraser)
- Case Notes, November 2013, Section of Litigation – Criminal Litigation, American Bar Association.
- Case Notes, November 2012, Section of Litigation – Criminal Litigation, American Bar Association.
- Contributor to ABA Criminal Litigation News & Developments.