Prior to joining Arent Fox, Steve was an associate at a large international law firm where he handled contractual disputes, appellate, antitrust, class action, and fraud claims. Steve’s multifaceted practice allows him to get results at any point in the litigation process.

California Court of Appeal Raises the Bar for Physician Antitrust Claims Against Hospitals

• Represented Arizona’s state legislative leadership before the United States Supreme Court in seeking to overturn an injunction issued by the District Court of Arizona. Steve assisted in obtaining a writ of certiorari for the Supreme Court to hear the case, then assisted in briefing the case and preparing it for oral argument. In a 5-4 ruling, the Supreme Court overturned the Ninth Circuit’s ruling and remanded the case to the district court. See Horne v. Flores, 129 S. Ct. 2579 (2009)
• Represented hospital against antitrust, unfair competition, and tort claims brought by a member of the medical staff. After the hospital’s demurrer to all claims was granted, a unanimous panel of the California Court of Appeal affirmed the trial court’s ruling in a published decision. See Marsh v. Anesthesia Service Medical Group, --- Cal. Rptr. 3d --- 2011 WL 4599851 (Oct. 6, 2011)
• Represented Montana Farm Bureau Foundation as amicus curiae to United States Supreme Court at both writ of certiorari and merits stage in PPL Montana v. Montana, regarding the navigability of certain rivers within the state of Montana.
• Represented individuals challenging the Patient Protection and Affordable Care Act in the Eastern District of Missouri and the Eighth Circuit.
• Represented satellite television provider in Illinois Court of Appeal regarding arbitration provision of customer agreement. The Court of Appeal, after a reconsideration motion, reversed the trial court and enforced the arbitration provision in question. See Bess v. DIRECTV, Inc., 885 N.E.2d 488 (Ill. App. 2008)
• Represented additional clients in Second Circuit, Ninth Circuit, and the California Court of Appeal.

Litigation

• Represented major provider of privacy protection services in lawsuit alleging consumer fraud and related claims. Successfully moved to enforce arbitration clause, leading to dismissal of claims.
• Represented a nonprofit, community hospital in two-week jury trial regarding a lease dispute. Eliminated $6 million in claimed damages through motion practice prior to trial, and defeated claim for specific performance. After jury awarded small amount of damages to opposing party, successfully moved for judgment notwithstanding the verdict and prevailed on all claims. The Court then awarded the hospital over $1.6 million in attorney fees pursuant to the disputed lease.
• Represented various plaintiffs with takings claims in “rails-to-trails litigation” centered in the Court of Federal Claims.
• Represented restaurant chain against allegations of copyright violations. After successfully transferring venue from Southern District of New York to Central District of California, lawsuit was settled for nominal amount.
• Represented one of the nation’s largest wineries and its majority shareholders in a series of actions alleging breach of fiduciary duty and other claims by a minority shareholder seeking over $100 million in damages. Obtained summary judgment victories on real property claims and prevailed in compelling disclosure in online defamation postings arising out of the case by defeating an anti-SLAPP motion. The case settled at trial, after our client’s opening statement, when the plaintiff requested an immediate settlement conference supervised the court.
• Represented satellite television provider in obtaining summary judgment in the Southern District of New York, in a potentially $1 billion fraud and breach-of-contract case regarding one of its international affiliates; also represented the same provider in subsequent arbitration of related claims, which settled on the eve of trial.
• Represented the same satellite television provider in class- action litigation challenging the channel “bundling” practices of several nationwide cable and satellite programmers and distributors under the Sherman Act.
• Represented a glass manufacturer in an MDL class-action suit filed by direct purchasers claiming price-fixing in violation of the Sherman Act.
• Represented a fiberglass-insulation manufacturer in a class-action suit filed by indirect purchasers claiming price-fixing in violation of the Sherman Act. Represented a debtor-in-possession lender to a subprime mortgage company in fraud and breach-of-fiduciary-duty litigation in the Bankruptcy Court in the District of Delaware.
• Represented a “life settlement” provider in fraud litigation filed in California state court; successfully sought a temporary restraining order and preliminary injunction at the trial court level and successfully defended the injunction at both the trial and appellate courts.
• Represented various other individuals in white collar defense and litigation matters.
• Before attending law school, Steve served as a consultant to the California State Assembly Republican Caucus on redistricting, an area in which he continues to take active interest. During law school, Steve completed judicial externships with US District Court Judge Paul Cassell of the District of Utah and Justice Jill Parrish of the Utah Supreme Court.

“Closing the Dolan Deal – Bridging the Legislative/Adjudicative Divide,” 38 Urb. Law. 487 (Summer 2006)

While attending law school, Steve was senior editor of the Brigham Young University Law Review. He was also first runner-up in the Pacific Legal Foundation’s Sixth Annual Judicial Awareness Writing Contest.