Biography Photo for James S Rigberg

James S. Rigberg

Member

Jim Rigberg represents investors, developers, and business owners in high-stakes disputes involving ownership, control, and recovery of valuable assets. His practice focuses on complex litigation arising from failed real estate ventures, partnership breakdowns, and commercial fraud — matters where the outcome determines who retains control of significant assets and capital.

With more than three decades of experience, he is regularly called in when deals collapse, investment relationships deteriorate, or asset ownership is contested. He advises clients through disputes involving joint venture breakdowns, sponsor-investor conflicts, contested capital structures, covenant and governance fights, and fraud tied to real estate and closely held businesses. His work often centers on distressed developments and asset recovery litigation, where strategic positioning early in the dispute materially affects the financial outcome.

Clients value his ability to translate complicated financial and ownership structures into persuasive litigation strategies. Having handled both the transactional and litigation sides of real estate matters, he understands how sophisticated deals are built — and where they fail. That dual perspective allows him to identify leverage quickly, protect asset value, and guide clients through disputes that threaten core investments.

In addition to litigation, Jim advises developers and asset owners on risk mitigation and dispute prevention tied to large commercial real estate projects and ownership structures. He works closely with transactional counsel to anticipate litigation exposure and strengthen governance frameworks before conflicts escalate.

He is admitted to practice in Colorado and Arizona and represents clients nationwide as part of the firm’s national litigation platform.

Education & Credentials

Education

Sturm College of Law

J.D., 1993

University of Arizona

B.A., 1990

Bar Admission

  • Arizona
  • Colorado

Acknowledgements

  • Best Lawyers in America®
    • Commercial Litigation, 2021-2026

Prominent Assignments

Ownership and Control Disputes

  • Represented a shareholder in a dispute with a co-owner over control of a closely held company. Despite the opposing shareholder’s operational control and loyalty from key management personnel, negotiated a resolution restoring the client’s equal ownership rights, preserving her management role in the company, and protecting her financial interests.
  • Regularly represents business owners in disputes with shareholders, partners, and third parties involving claims such as breach of contract, defamation, fraud, and breach of fiduciary duty, frequently securing favorable early resolutions by helping clients establish strategic leverage in negotiations.

Asset Recovery and Commercial Fraud Litigation

  • Obtained a jury verdict returning a seven-figure investment to a client after proving that the officers of a start-up company committed fraud in connection with the investment.
  • Secured a full defense verdict at jury trial for a lender in a million-dollar dispute in which the plaintiff claimed to have founded and funded the company.
  • Successfully defended against claims that the client committed accounting fraud in connection with oversight of a business venture’s liquidation.
  • Compelled a state regulatory agency to resolve claims of alleged fraud against a broker’s license without the imposition of any discipline.

Real Estate and Asset-Based Litigation

  • Lead counsel for the court-appointed successor trustee and successor personal representative of the estate of the owner of multiple service stations and convenience stores. Successfully mediated a complex dispute between the decedent’s widow and adult children over disposition of estate assets and then defeated claims by the Arizona Department of Environmental Quality seeking to impose millions of dollars in underground storage tank remediation costs against the estate. Obtained a published decision from the Arizona Court of Appeals overturning summary judgment in ADEQ’s favor and directing entry of judgment for the client, establishing precedent governing the proper procedure for asserting claims against an estate.
  • Manages national leasing litigation on behalf of a REIT client, coordinating litigation strategy and outside counsel across multiple jurisdictions.
  • Handled dozens of bench trials, arbitrations, and evidentiary hearings involving asset seizures, foreclosures, restrictive employment covenants, and trade secret misappropriation.

Complex Arbitration and Appellate Matters

  • Successfully defended against $9 million in trademark and copyright infringement claims in a two-week arbitration, resulting in dismissal of all claims.
  • On appeal, successfully overturned an arbitration award entered in favor of a business against a Native American tribe.

Real Estate Investment and Leasing Counsel

  • Serves as counsel to a large real estate investment fund on Arizona matters relating to shopping center properties, managing statewide leasing operations and negotiating and interpreting leases, CC&Rs, and other governing documents.
  • Manages commercial leasing operations for REITs in the healthcare and assisted-living sector, including negotiation and drafting of leases, amendments, subordination agreements, and termination agreements.
  • Advises real estate developers and property management companies on day-to-day property management issues, including the resolution of hundreds of tenant disputes.

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