Biography Photo for James S Rigberg

James S. Rigberg

Member

Jim Rigberg is a seasoned business lawyer who provides end-to-end client representation in a variety of contexts. With particular experience in the real estate and healthcare industries, Jim puts his years of courtroom experience to work advising clients on front-end strategies to secure optimal leverage and avoid exposure to costly litigation down the road.

Jim also focuses his practice on Intellectual Property, where he helps clients protect their investments in their brands and creative output, enforce and defend against claims for trade secret misappropriation and violations of non-competition agreements and similar restrictive covenants. He has obtained a number of TROs/preliminary injunctions and prevented a like number of same from being entered against clients.

Significant clients, including REITs, property developers, commercial owners, manufacturers, and national builders, trust Jim with the full spectrum of matters related to their properties and products. He oversees negotiation and drafting of commercial leases and advises on property management issues. When disputes with tenants, government entities, or third parties arise, Jim works alongside clients to achieve favorable resolutions, taking cases to trial, and up on appeal, when necessary.

Education & Credentials

Education

University of Arizona

B.A., 1990

University of Denver College of Law

J.D., 1993

Bar Admission

  • Arizona
  • Colorado

Prominent Assignments

On behalf of REITs in the healthcare and assisted living space, manages commercial leasing operations, including negotiation and drafting of leases and amendments and all associated documents, including subordination agreements, termination agreements, and the like.

Responsible for national leasing litigation on behalf of REIT client, including coordinating with outside counsel as needed.

For real estate developers and management companies, has significant experience counseling on all day-to-day property management issues, including handling hundreds of tenant disputes and similar matters.

Serves as counsel to a significant national home builder, regularly providing advice on Arizona real estate matters concerning sales, brokers, warranties, and construction issues.

Represents the same builder for all non-personal injury/non-insurance litigation in Arizona, including defending claims brought for construction defects and to recover earnest money deposits.

Serves as counsel to a large real estate investment fund, advising on Arizona-based real estate matters relating to its shopping center properties, including managing its complete leasing operations in the state. Negotiates, drafts, and interprets leases and governing documents (including CC&Rs) and assists with property management issues.

Regularly retained by business owners to pursue resolution of financial and other disputes with shareholders, partners, and third parties under myriad legal theories, including breach of contract, defamation, fraud, and breach of fiduciary duties. Leveraging strong negotiation and courtroom skills, regularly achieves early and/or favorable settlement by helping the client to secure optimal bargaining position.

Currently leading the firm’s developing Arizona Legalized Cannabis practice, with particular knowledge in the area of attendant ethical issues.

Prosecuting/defending against trade dress/copyright infringement and Lanham Act false advertising claims in case pending in District Court in Chicago (Ongoing).

Defended against trademark and copyright infringement claims for $9 million that client allegedly used for her company’s employee evaluation program. After two-week arbitration, successfully had plaintiff’s claims dismissed.

Prosecuted trademark infringement claim based on defendant’s use of similarly named/labeled vaping “juice.”

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