E. Jeffrey Walsh

E. Jeffrey Walsh

Shareholder

E. Jeffrey Walsh is a commercial litigator who has practiced law for over 37 years. As co-chair of Greenberg Traurig's Construction Law Practice and former head of the Phoenix Litigation Group, he represents plaintiffs and defendants in business, commercial and construction disputes. He takes cases on an hourly rate and on alternative billing arrangements. Mr. Walsh has been recognized for over 12 years in Best Lawyers in America for commercial litigation, construction litigation and real estate litigation. He has also been recognized over the past eight years by Southwest Super Lawyers, including, since 2009, as one of its Top 50 Attorneys, in AZ Business Leaders’ "Top Attorneys of Arizona", in Arizona Business Magazine's "Top 100 Lawyers in Arizona", and in the Business Journal's "Best of the Bar in Phoenix Metropolitan Area."

His practice focuses on resolution of business, construction and other commercial disputes in litigation, arbitration and in other venues, and on appeal. He has served as lead trial counsel in over 40 trials, arbitrations and evidentiary hearings for injunctive relief, appointment of a receiver, imposition of a constructive trust, and other relief. He has also briefed and argued over two dozen appeals for public and private sector clients. He has appeared in courts in Arizona, California, Pennsylvania, Nevada, Michigan, Colorado, New York, Texas, Indiana and Louisiana.

Concentrations

  • Business Litigation
    • Representing businesses, corporations, limited liability companies, partnerships, as well as shareholders, members, partners and individuals in contract, purchase and sale, distribution and franchise disputes, stock valuation disputes, oppressed shareholder and other corporate governance claims, breach of fiduciary duty claims, fraud, securities fraud and other business torts, Lanham Act claims, arbitrations, and other litigation.
  • Construction Law
    • Representing public and private owners, general contractors, major subcontractors and design professionals on public and private projects in contract drafting and negotiation, claims preparation, arbitration and trial of claims, surety claims, and design professional liability issues.
  • Real Estate Litigation
    • Representation of owners, developers, purchasers, sellers, ground lessees, and lenders in contract and tort litigation arising out of transactions. Representation of landlords and major tenants in commercial lease disputes. General real estate issues, including title disputes, contract and commission disputes and broker error and omissions.
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Capabilities

Experience

  • Represented title insurance company defendant in a jury trial dealing with escrow liability issues. Case settled mid-trial.°
  • Represented plaintiff title insured in a State Court jury trial and on appeal in a lien priority dispute, resulting in judgment for client.°
  • Represented rental car company defendant in a non-jury trial involving claims arising out of payment/construction defect dispute. Affirmed on appeal to the Arizona Court of Appeals.°
  • Represented truck driver in a jury trial in Arizona State Court on claims for significant personal injuries arising out of a near fatal vehicle accident. Jury verdict for $12,000.°
  • Represented defendant in a non-jury trial in Arizona State Court for recovery of $1.5 million in funds embezzled by plaintiff's former officer.°
  • Defended and pursued counterclaim for property owner in non-jury trial in Arizona Superior Court and two appeals. Claims and counterclaims arose out of destruction of client's premises during asbestos abatement. Affirmed on appeal.°
  • Defense of claim and prosecution of counterclaim for common area maintenance charges for a retail landlord in jury trial in State Court in which tenant sought rescission/damages for breach of contract and misrepresentation.°
  • Jury trial for defendant in United States District Court for the District of Arizona of client on multimillion-dollar claim of wrongful termination of brokerage.°
  • Represented client in jury trial in Arizona Superior Court involving $32 million in claims for appraisal malpractice. Case settled while on appeal.°
  • Represented national broker dealer organization and its agents in $250 million securities fraud class action trial in the Arizona Superior Court. Case settled during jury deliberation.
  • Represented minority shareholder in statutory bench trial in Arizona Superior Court to determine the fair value of the shares following a squeeze-out merger.
  • Tried breach of contract dispute to a jury in United States District Court for the District of Arizona for defendant following summary judgment for defendant on a portion of claim.
  • Represented public entity in bench trial of claims arising out of dispute with a surety under a takeover agreement.
  • Tried in state court a former Delaware shareholder's breach of fiduciary duty claims arising out of a squeeze-out merger.
  • Prosecution of tortious interference claims for client gaming company in jury trial in the United States District Court for the Eastern District of Virginia, resulting in seven figure verdict and injunctive relief.
  • Defended claims brought in Arizona Superior Court by former officer and shareholder for breach of contract, tortious interference, breach of fiduciary duty, and invasion of privacy. Four-week jury trial resulted in directed verdict for client.
  • Prosecuted breach of contract and tortious interference claims and defense of counterclaims for gaming company against a terminated distributor and its principal in federal court in the United States District Court for the District of Arizona, resulting in seven figure jury verdict, including awards of punitive damages against both defendants. Judgment upheld on appeal to the Ninth Circuit Court of Appeals.
  • Prosecuted subcontractor's contract and lost productivity claims against general contractor in California Superior Court, leading to seven-figure jury verdict for client.
  • Prosecuted and defended of claims of breach of contract and wrongful termination claims in federal court jury trial in Phoenix, Arizona. Adverse result was overturned on appeal to the Ninth Circuit.
  • Jury verdict for gaming company on post-verdict fraudulent transfer claims in federal court in the Eastern District of Texas.
  • Seven-figure jury verdict for client gaming company on breach of contract and wrongful termination of distributorship claims in United States District Court for the District of Arizona.
  • Defense verdict for client following jury trial in $100 million Lanham Act false advertising case in the United States District Court for the District of Arizona.
  • Represented public entity in bench trial on claim against a surety on a project abandoned by a road contractor.
  • Represented founder of pharmaceutical business in bench trial of claims under Delaware law against other founder arising out of breaches of fiduciary duty under the entire fairness standard arising out of wrongful dilution of clients stock and subsequent squeeze out by reverse stock split.
  • Represented plaintiff architecture firm in summary jury trial involving an indemnity claim for recovery of funds paid to settle significant personal injury claim on a construction project.°
  • Represented plaintiff architect in an arbitration against school district to recover design fees.°
  • Represented defendant hotel company in an arbitration for recovery of $1.5 million in executive severance benefits.°
  • Represented defendant hotel company in an arbitration for recovery of $1 million in executive severance benefits.°
  • Represented former business owner in arbitration of claims for breach of warranty and fraud arising out of the sale of a business in the health care industry.
  • Arbitration of breach of contract and declaratory judgment claims, and request for injunctive relief, on behalf of developer group seeking to compel performance by other developer under a joint development agreement for construction of a wastewater treatment plant and other sewer improvements. Tried within 40 days of appointment of arbitrator.
  • Six-figure AAA arbitration award for client following three week arbitration on breach of construction subcontract in Las Vegas, Nevada.
  • Represented the seller of a business in arbitration of eight figure claims where buyer alleged breached of representations and warranties and fraud.
  • Registrar of contract proceeding between general contractor and sub-contractor over payment dispute.
  • Prosecution of member of the bar for ethics violations. Respondent censured.°
  • Prosecuted member of the bar for ethics violations. Respondent suspended after appeal to the Arizona Supreme Court.°
  • A special action proceeding in Arizona Superior Court, represented land developer to remove lis pendens from residential subdivision.
  • Represented client gaming company in three evidentiary hearings in United States District Court for the District of Arizona and United States Bankruptcy Court, Eastern District of Texas to (1) permit termination of client's distributor; (2) imposing constructive trust on funds held by distributor for client's benefit; and (3) removing case from bankruptcy court in the District of Texas and returning it to United States District Court for the District of Arizona. Judgment upheld on appeal to the Ninth Circuit.
  • Extended hearings for client who was partner resulting in two injunctions against other partner, prohibiting other partner from usurping client's rights in a business. Case involved three appeals that upheld the client's positions.
°The above representations were handled by Mr. Walsh prior to his joining Greenberg Traurig, LLP.

Recognition & Leadership

  • Listed, The Best Lawyers in America, Commercial Litigation; Construction Law; Litigation - Construction; Litigation- Real Estate, 2005-2019
  • Listed, Super Lawyers magazine, Southwest Super Lawyers, 2007-2018
    • "Top 50 Attorneys in Arizona," 2009-2016 and 2018
  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Real Estate - Litigation, 2017
  • Listed, Arizona Business Magazine, "Top 100 Lawyers in Arizona," 2015-2017
  • Listed, AZ Business Leaders, "Top Attorneys of Arizona," 2016, 2017
  • Listed, The Legal 500 United States, Real Estate and Construction – Construction, 2009, 2012, 2014 and 2016
  • Rated, AV Preeminent® 5.0 out of 5, 1994-2017

AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

  • Fellow, The American Bar Foundation
  • Board Member, Barrow Neurological Foundation, 2006-Present
  • Former Board Member, Greater Southwest Chapter, Arthritis Foundation
  • Member, American Bar Association, Litigation Section, Forum on the Construction Industry
  • Former American Arbitration Association arbitrator. Served as both sole arbitrator and panelist in arbitration of multimillion-dollar disputes.
  • Former General Counsel, Arizona Builders' Alliance
  • Bar Counsel, State Bar of Arizona Disciplinary Commission, 1992-1998
  • National Institute of Trial Advocacy
    • Faculty, Western Regional Seminar, Berkeley, California, 1988, 1989
    • Director, In-house NITA Trial Skills Programs, 1990, 1992
  • President, Notre Dame Club of Phoenix, 1998-2000

Credentials

Education
  • J.D., University of Pittsburgh School of Law, 1979
  • B.A., University of Notre Dame, 1976
Admissions
  • Arizona
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the District of Arizona
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Northern District of California