Departments

Phone: 602.650.2080
Fax: 602.264.7033

Marty Harper

Shareholder

Marty Harper is the vice chair of Polsinelli Shughart's Commercial Litigation practice group. With over 38 years experience, Mr. Harper has represented a wide range of entities in a diverse array of large complex civil litigation matters. He is an AV® peer reviewed litigator who has been included in Best Lawyers in America for his experiences in Commercial Litigation, Construction and Labor and Employment Law.

 

Mr. Harper is the immediate past chair of Mackrell International, a leading network of law firms from around the world.  Mr. Harper was the chair of Mackrell International from June 2008 through May 2011.  This network allows firms to remain close to their clients while at the same time offering them the expertise and knowledge obtained by professionals in other jurisdictions. In his role as chairman, Mr. Harper had a dynamic impact on the shape of the organization, adding 20 quality law firms to its membership to assist clients in reaching their on-going global legal needs during his tenure as chair. Mr. Harper's position required him to chair meetings around the globe, from Hanoi, Vietnam to Budapest, Hungary, Charleston, South Carolina and Athens, Greece.

Areas of Practice

Commercial Litigation
Representing businesses, financial institutions and individuals in contract, distribution and franchise disputes, stock valuation disputes, securities fraud, partnership and shareholder claims, lender liability breech of fiduciary duty, business torts and general commercial litigation.

Construction Law
Representing 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, job site injuries and design professional liability issues.

Labor and Employment Law
Representing large groups of pilots and other airline employees in disputes with their union and others arising under the Railway Labor Act; owners and key employees in non-compete and trade secret disputes.

Memberships and Affiliations

  • Lawyer’s Committee for Civil Rights Under Law
    • Board of Directors, 1998-2008
  • State Bar of Arizona
    • Labor Committee
    • Construction Committee
  • Maricopa County Bar Association
  • Arizona State Democratic Party
    • General Counsel, 1997-2008
  • American Bar Association

Distinctions

  • Ranked in Chambers USA: America's Leading Lawyers for Business, General Commercial Litigation (Arizona), 2011 
  • Selected as one of Arizona's Finest Lawyers, 2011
  • Selected for inclusion in The Best Lawyers in America® 
    • 2009-2012, Bet-the-Company Litigation
    • 2009-2012, Construction Law
    • 2012, Securities Litigation
    • 2006-2012, Commercial Litigation
    • 1987-1992, 2009-2012, Labor and Employment
  • Recognized by Super Lawyers Magazine, 2005-2009
  • Selected for inclusion in Southwest Super Lawyers 2010, 2011 and 2012, General Litigation
  • AZRE's Top People to Know in Commercial Real Estate 2011, Commerical Litigation

Experience


Mr. Harper has represented owners, architects, developers and contractors in various construction related matters throughout Arizona. He also has experience in labor relations and argued a significant labor case before the U.S. Supreme Court in January, 1991. Mr. Harper recently represented approximately 1,800 former American West Pilots in a high profile case against the pilots' Union, USAPA. Mr. Harper obtained a permanent injunction against the Union after a nine-day jury trial in federal court.

Recently, Mr. Harper represented:

  • A putative class of employees in a state-wide class action against Wal-Mart
  • A certified class in a state-wide class action against Microsoft
  • A national trucking firm in a large class action consisting of approximately 19,000 drivers
  • Several bankruptcy trustees in large bankruptcy matters in Arizona
  • A certified class of 1,800 former America West pilots
  • A national accounting group in five related securities/malpractice actions in state and federal court
  • A national law firm in a malpractice/fraud case


Mr. Harper has previously represented
:

  • An accounting firm in significant, high profile litigation in Arizona
  • A client from Alaska, recovering damages for the tortious interference of a significant business opportunity in the State of Washington
  • The bankruptcy trustee for MarkAir Airlines in Alaska, recovering $16.5 million in a breach of contract dispute
  • The bankruptcy trustee for Kaiser Steel, recouping more than $65 million following a leveraged buyout
  • More than 400 Continental Airline pilots following the 1981 strike at Continental Airlines, recovering more than $20 million for the pilots

 


Significant represented decisions:

  • Garza v. Switf Transp. Co., Inc., 2009 WL 2579527, (Ariz. Aug 24, 2009)
  • Arizona State Democratic Party v. State of Arizona, 210 Ariz. 527, 115 P.3d 121 (2005)
  • Southwest Holdings, L.L.C. v. Kohlberg & Co., 325 B.R. 417, 424 (Bankr. D. Ariz. 2005)
  • Southwest Holdings, L.L.C. v. Kohlberg & Co., 315 565-576 (Bankr. D. Ariz. 2004)
  • Bunker's Glass v. Pilkington, 206 Ariz. 9, 75 P.3d 99 (2003)
  • In re Kaiser Steel Corporation, 998 F.2d 783 (10th Cir. 1993)
  • Airlines Pilots Association, International v. O'Neill, 499 US 65, 111 S.Ct. 1127, 113 L.Ed.2d 51 (1991)
  • O'Neill v. Airlines Pilots Association, International, 939 F.2d 1199 (5th Cir. 1991)
  • Biltmore Associates, LLC v. Twin City Fire Ins. Co., ---F.3d---, 2009 WL 1976071 (9th Cir. Jul. 10, 2009)
  • Addington v. US Airline Pilots Ass'n, 588 F. Supp.2d 1051 (D. Ariz. 2008)
  • Addington v. US Airline Pilots Ass'n, 2009 WL 2169164 (D. Ariz. July 17, 2008)