Robert McKirgan, Lewis Roca Photo

Robert H. McKirgan

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Clients benefit from Robert's practice experience and his ability to tailor effective strategies that meet their goals.

"One of the better-known litigators in the state and has a proven track record in handling litigation involving copyright infringement, fraud, and breach of fiduciary duty." - Chambers USA

Robert McKirgan practices primarily in the area of business, intellectual property, and bankruptcy-related litigation. He is an experienced trial lawyer and has successfully tried numerous jury trials, bench trials, and arbitrations, including obtaining winning jury verdicts for clients in fraud, breach of fiduciary, and copyright infringement actions.

Robert is a former certified public accountant with an extensive business background and has been listed in Best Lawyers for several years in commercial litigation and bet-the-company litigation.

Personal Approach

With a proven track record and strength across practice areas and experience in different industries, Robert effectively assists his clients in a broad range of litigation matters. He is committed to learning his client's industry, business structure, operations, and goals to better counsel and advance their interests. Robert does not shy away from the tough questions and values the candid conversations around budgets, goals, and roadblocks clients encounter. His tireless work ethic revolves around providing a high-quality client service approach that effectively addresses the client’s priorities. Clients value Robert's experience and calm pertinacity throughout the litigation process and the practical solutions he proposes.

Robert enjoys spending his free time in the Mogollon Rim area of Arizona, where he golfs, fishes, and hikes.

More About Robert H. McKirgan

Education

  • J.D., magna cum laude, University of Illinois College of Law, 1987
  • B.S., with high honors, University of Illinois, 1982

Bar Admissions

  • Arizona, 1987

Community

  • Firm Management including Executive Committee, head of Business Litigation Group, chair of Finance Committee
  • Litigation Counsel of America, Senior Fellow
  • Arizona State University Trial Advocacy, Adjunct Law Professor
  • Arizona Equal Justice Foundation, Advisory Board Member
  • National Institute of Trial Advocacy, Faculty Member
  • Professionalism course given to all State Bar members, Faculty Member
  • Volunteer Lawyers Program and the Tenants Rights Clinic, Active
  • Maricopa County Bar Association, Member

Representative Matters

Robert has handled a variety of complicated litigation matters in state and federal courts across the country involving business torts, professional and director and officer liability, class actions, deepening insolvency, fraudulent transfers, copyright infringement, and sports-related issues:

  • Defended former majority owner of a professional sports franchise in breach of fiduciary duty claims brought by minority owners.  
  • Representing credit card processing company in copyright infringement and fraud claims involving computer source code. In bifurcated matter in federal court, obtained two winning jury verdicts and multimillion-dollar award for client.
  • Representing widow of author of unpublished biography of a musical group in asserting copyright infringement and other claims against producers, writers and director of successful Broadway musical, obtaining unanimous jury verdict in favor of client.
  • In a class action, represented an insurance carrier in action brought by insureds under automobile insurance policies arising out of the alleged use of non-manufacturer parts in repairs.
  • Represented board of directors of publicly traded company in a bankruptcy reorganization, resolving threatened claims by bankruptcy estate and director and officer insurance coverage issues.
  • Represented a university in a hearing in front of the NCAA's Committee on Infractions related to alleged violations of NCAA rules by the University's baseball program.
  • Represented director and officer insurance carrier in a coverage action brought by an insured under the policy. After seven day arbitration, the three person panel rendered a complete defense verdict.
  • Represented bankruptcy trustees in two of the largest personal bankruptcies ever filed in recovering assets fraudulently transferred prior to bankruptcy.
  • Represented Olympic athlete in successfully obtaining injunction allowing her to compete in Olympic trials after being suspended from competition for alleged steroid use.
  • Prosecution of numerous fraudulent transfer actions, including recovering millions in cash and assets from an off-shore Trust and Swiss bank account.
  • Defended a number of law firms in legal malpractice, breach of fiduciary duty and malicious prosecution actions.
  • Served as an expert witness on standard of care issues in defense of legal malpractice claims.
  • Significant experience in alternative dispute resolution matters. Successfully mediating dozens of cases as Judge Pro Tem. Robert has also been retained by parties and appointed by courts to serve as an arbitrator and discovery master in commercial litigation matters.

Honors & Recognitions

  • Fellow, Litigation Counsel of America
  • Benchmark Litigation, "Local Litigation Star" in Arizona, 2014-2021
  • The Best Lawyers in America, Bet-the-Company Litigation, Commercial Litigation, Bankruptcy Litigation, Intellectual Property Litigation, and Real Estate Litigation, 2005-2021
  • Southwest Super Lawyers, Business Litigation and Bankruptcy/Creditors Rights, 2007-2021
  • Chambers USA, Litigation: General Commercial, 2012-2021
  • The Best Lawyers in America - Lawyer of the Year, Phoenix, Intellectual Property Litigation, 2013
  • Martindale-Hubbell, "AV/Preeminent Attorney" rating
  • Arizona's Finest Lawyers
  • Super Lawyers Corporate Counsel, Business Litigation

News

Blog Posts

Events

  • Presenter, “The Use of the CPA in Bankruptcy Litigation,” presented at the AICPA National Conference on Fraud and Litigation Services, September 28, 2007
  • Presenter, “Trustee Standing in Bankruptcy Cases,” presented at ABA Business Bankruptcy Committee Meeting, November 2, 2006
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