Andy Halaby
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With 25 years of experience litigating and counseling in intellectual property, law of lawyering, and business matters, Greenberg Traurig Phoenix Litigation Practice chair Andy Halaby helps his local, national, and international clients develop creative, practical, and incisive strategies to tackle their toughest problems. Beyond his years of experience as a trial lawyer and business advisor, Andy is a recognized thought leader, whose work has been cited in, among other things, treatises on intellectual property law, remedies, evidence, professional responsibility and the First Amendment, as well as in numerous scholarly articles. Andy brings his cross-disciplinary knowledge and experience to bear for the benefit of his clients — outside as well as inside the courtroom.
Alternative Business Structures, Professional Responsibility, and Lawyering With deep, business-oriented experience born of serving on the Arizona Supreme Court's Task Force on Lawyer Ethics, Professionalism, and the Unauthorized Practice of Law; chairing the State Bar of Arizona's Conflict Case Committee; and serving as Ethics Chair of an AmLaw 200 firm for more than a decade, Andy advises lawyers and law firms, professional service providers, and entrepreneurs on issues and opportunities arising from Arizona’s still-new Alternative Business Structure (ABS) rule and regulatory amendments. Andy’s experience includes serving as lead regulatory counsel to the first ABS to be both licensed in Arizona and admitted to the Utah Office of Legal Services Innovation regulatory sandbox. Andy also advises clients including inside counsel, outside counsel and law firms on professional responsibility and related matters, including discipline defense, disqualification, and lawyer liability matters. As part of his career-long commitment to community service, Andy has taught multiple semesters of Professional Responsibility at the Sandra Day O’Connor College of Law at Arizona State University, and now serves as a member of the State Bar of Arizona's Ethics Advisory Group, where he fields ethics hotline calls from lawyers from across the state.
Intellectual Property and Technology Practicing primarily in Phoenix and Southern California, Andy has served as lead counsel in dozens of IP matters, including patent infringement, trade secret misappropriation, trademark infringement, trade dress infringement, unfair competition, cyberpiracy, copyright infringement, and deceptive advertising cases, as well as disputes involving, among other things, computer fraud and abuse, data security, data integration, search engine optimization, software development, software licensing, software conversion, and life sciences. He represents both plaintiffs and defendants, in matters ranging from six to nine figures of liability exposure, involving a wide range of products and services. A former professional engineer, Andy also is registered with the United States Patent and Trademark Office.
Business Litigation Andy also advises public and private clients in connection with a wide variety of business disputes including those which involve breach of contract, business tort, “business divorce,” antitrust, derivative action, class action, securities, lender liability, ERISA, False Claims Act, corporate governance, commercial real estate, trust and estate, corporate defalcation, defamation, insurance coverage, life insurance and annuity, and other complex disputes. He is experienced in virtually all phases of the civil litigation process, from temporary restraining order and preliminary injunctive relief to post-trial enforcement proceedings.
- “Arizona ABS Compliance Lawyers and the Attorney Client Privilege,” Co-author, presented at 2022 AON Law Firm Symposium, Chicago, IL (October 27, 2022)
- “Can Ariz. Nonlawyer Ownership Create a New Type of Atty?” Law360 (October 14, 2021)
- “The ‘Inventive Concept’ Test for Patent Eligibility Contravenes Congressional Intent,” 61 IDEA 38 (2020).
- "Disgorgement of Profits as a California Breach of Contract Remedy: Intellectual Property and Other Guideposts," Co-Author, 19 UC Davis Bus. L.J. 151 (2019)
- "New Model Rule of Professional Conduct 8.4(g): Legislative History, Enforceability Questions, and a Call for Scholarship," Co-Author, 41 J. Legal Prof. 201 (2017)
- "Arizona’s Private Lateral Screening Rule: Dramatic Improvement," Arizona Attorney (January 2016)
- "The (Mis)use of Lawyer Discipline in Civil Litigation," Arizona Attorney (November 2014)
- "Pleading Analysis Under Iqbal: Once More Unto the Breach!" Arizona Attorney (December 2009)
- "Explaining Broadcom v. Qualcomm: Adverse Inferences in Inducement of Infringement Cases," Presented at ABA Annual Meeting, Chicago, IL (August 2, 2009)
- "'The Trickiest Problem With Functionality' Revisited: A New Datum Prompts A Thought Experiment," 63 N.Y.U. Ann. Surv. Am. L. 151 (2008)
- "Of 'Purposes Not Prohibited:' New Federal Rule of Evidence 408(b)," 40 Creighton L. Rev. 679 (2007)
- "You Won't Be Back: Making Sense of Express Aiming After Schwarzenegger v. Fred Martin Motor Co.," 37 Ariz. St. L.J. 625 (2005)
- "No Summary Judgment for You! One State's (Unjustified) Treatment of Contract Claims for Lost Profits," 7 U. Miami Bus. L. Rev. 57 (1998)
- "An Analysis of the Supreme Court's Reliance on Racial 'Stigma' as a Constitutional Concept in Affirmative Action Cases," Co-Author, 2 Mich. J. Race & L. 235 (1997)
- "Treatment of Goodwill by the Seller Under I.R.C. Section 197," Comment, 43 U. Kan. L. Rev. 903 (1995)
Courses
2023 Fall
Course Number | Course Title |
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LAW 638 | Professional Responsibility |
2021 Fall
Course Number | Course Title |
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LAW 638 | Professional Responsibility |
2021 Spring
Course Number | Course Title |
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LAW 691 | Seminar |
HON 494 | Special Topics |
2020 Spring
Course Number | Course Title |
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LAW 691 | Seminar |