Andy is a seasoned senior litigator with 45 years of experience and a national reputation in business, antitrust, health care law, government contracting, and procurement and appeals. He is also one of Arizona’s best-known experts in election law, having represented a wide array of elected officials and campaigns, including former Arizona Governor Janet Napolitano, Phoenix Mayor Phil Gordon, and a number of initiative and referendum campaigns. He also is a Judge Pro Tem on the Maricopa County Superior Court.
Additionally, Andy has considerable expertise from his governmental service in national security legal issues. From April 2009 to October 2010, he served as Counsel to the General Counsel at the U.S. Department of Homeland Security, working primarily on national security issues relating to Guantanamo and the Southwestern border. He is also an adjunct professor at the Sandra Day O’Connor College of Law at Arizona State University where he teaches national security law.
Representative Matters
Antitrust and Class Actions
Healthcare – Representing the Arizona Hospital and Healthcare Association as well as a number of different hospitals in antitrust litigation and investigations brought by the FTC, Justice Department and State antitrust office; representing hospitals and the Association in private litigation including nurse registry litigation, price fixing, mergers and acquisitions and claims by physicians against hospitals regarding alleged exclusionary practices
Other Industries – Representing a large number of clients from other industries, including manufacturing, utilities, service sectors, entertainment, and finance in mergers and acquisitions and matters relating to alleged price fixing, boycott, tying, and exclusionary practices
Antitrust litigation experience includes cases in federal district courts in Arizona, New Mexico, Colorado, California, and Illinois, the United States Court of Appeals for the Ninth Circuit, and the Arizona Superior Court, the Arizona Court of Appeals and the Arizona Supreme Court
Health Care
Representing a wide variety of hospitals in physician credentialing matters, disputes with payors, contract issues between hospitals and physician practice groups, hospitals regarding commercial lease and real estate matters, and hospitals in negligent credentialing claims brought by patients.
Representing non-profit health care systems regarding State approvals in mergers and acquisitions.
Commercial and Financial Representation – Representing both lenders and borrowers in commercial litigation regarding lending issues, lender liability, lease issues, partnership creation and dissolution, and corporate dissolution, corporate governance issues, and disputes involving accounting firms and accounting issues.
Election Law – Represented a wide variety of Government officials, including Arizona Governor Janet Napolitano, Phoenix Mayor Phil Gordon, Commissioner Linda McNulty, Arizona Independent Redistricting Commission, and numerous members of the Arizona Legislature and city councils throughout the state regarding election law and open meeting law matters; writing and performing related campaign work for initiatives and referenda including Healthy Arizona, Smoke Free Arizona, and Minimum Wage; representing governmental entities, including Pinal County, in election law disputes; serving as lead counsel in a number of reported election law cases, including:
Hancock v. Bisnar, 212 Ariz. 344, 132 P.3d 283, 2006
Korte v. Bayless, 199 Ariz. 173, 2001
Green v. Osborn, 157 Ariz. 363, 1988
Bentley v. Building Our Future, 217 Ariz. 265 (Ariz. App. 2007) successfully defending against charges that political advertisement violated election law
Arizona State Legislature v. Arizona Independent Redistricting Com’n, 135 S. Ct. 2652 (2015) amicus supporting Arizona Independent Redistricting Commission
Arizona Clean Elections Com’n v. Brain, 234 Ariz. 322 (2014) amicus for Arizona Chamber of Commerce successfully supporting trial court decision
Real Estate and Land Use – Representing municipalities and land owners, including Paradise Valley and Cave Creek, Arizona, in land use litigation
Government Contracting and Procurement – Representing a variety of clients, including major health plan providers, in responding to, defending and challenging procurements, including successfully defending the largest health care bid challenge in Arizona history.
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