STEPHEN C. BIGGS
Stephen Biggs is a shareholder with Smith LC. He focuses his practice on appellate work, solving business disputes, and protecting the reputation and intellectual property of individuals and businesses.
Appellate Practice. Stephen assists individuals, businesses, and other lawyers in appealing a ruling from one court to a higher court and in defending against appeals taken by opposing parties. He has argued before both state and federal appellate courts in appeals involving various issues, including most recently:
- Defending a trial judge’s decision to overturn a guilty verdict in a criminal case because it was contrary to the weight of the evidence (Arizona Supreme Court)
– Enforceability of late fee provisions in commercial loan agreements (Arizona Supreme Court)
– Challenging a judgment finding a party had breached a confidentiality agreement (U.S. Court of Appeals for the 10th Circuit)
– Opposing retrial of a defendant in a previously dismissed criminal action, in violation of his state constitutional right to be prosecuted only by information or indictment (Arizona Court of Appeals)
- Application of Arizona’s attorney fee statute for actions arising out of contract to a dispute between the members and managers of foreign limited liability companies (Arizona Court of Appeals)
– Interpretation of Arizona’s RICO statute and its constructive trust remedy (Arizona Court of Appeals)
- Defending against defamation claims regarding statements in campaign literature disseminated as part of a board of directors election (Arizona Court of Appeals)
Stephen is an effective appellate advocate because he understands how judges think and how they decide appeals. Before entering private practice, Stephen worked as a law clerk in the Arizona Court of Appeals and the U.S. Court of Appeals for the 9th Circuit. During his tenure as a law clerk, Stephen reviewed hundreds of appellate briefs in civil, criminal, and family law cases; made proposals regarding how the cases should be decided; and drafted scores of appellate court decisions. Stephen uses the knowledge he gained through this experience to help his clients make persuasive arguments and avoid some of the traps and pitfalls less experienced appellate attorneys encounter.
Business Litigation, Protection, and Counseling. Stephen helps individuals and businesses solve and avoid disputes, defend their intellectual property, and protect their reputations and business goodwill. Examples of the types of matters Stephen has handled for his clients include:
- Defamation, libel, and slander cases in which someone is accused of saying something false about someone else to harm that person’s or business’s reputation.
- Intellectual property disputes involving claims of trade secret misappropriation, copyright infringement, or trademark infringement.
- Unfair competition claims, including cases involving alleged breaches of non-compete or non-disclosure agreements as well as cases involving “palming off” or “passing off” claims.
- Disputes involving breach of contract, failed business deals, and business break-ups.
- Representation of creditors in bankruptcy proceedings.
- Securities and investment fraud cases, including cases involving claims against the defrauders themselves and the professionals who assist them.
- Disputes involving allegations of misconduct by the management of a business, including claims for self-dealing, disloyalty, and other breaches of fiduciary duty.
- Civil violations of the state and federal anti-racketeering laws (commonly referred to as RICO).
- Counseling businesses on their ongoing operations, intellectual property protection, contracts, and liability risks.
- Prosecution and defense of trust disputes, either on behalf of one or more trustees or on behalf of one or more beneficiaries.
J.D., cum laude, Seton Hall University School of Law, 2008
B.A., summa cum laude, Brigham Young University, 2005
United States Court of Appeals for the Ninth Circuit, Honorable Mary M. Schroeder, 2009-2010
Arizona Court of Appeals, Honorable Patricia K. Norris, 2008-2009
State Bar of Arizona
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Tenth Circuit
U.S. District Court for the District of Arizona
Professional Affiliations and Activities
Appellate Practice Section of the State Bar of Arizona
J. Reuben Clark Law Society
Awards and Recognition
Rated AV Preeminent by Martindale Hubbell (2013 – present)
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