Philip B. Whitaker

Phil Whitaker enjoys a broad commercial practice with an emphasis on trial and arbitration work. 

Phil's clients benefit from his substantial experience in trials, arbitrations, and administrative proceedings involving a wide spectrum of business-related issues, including disputes arising from the sale of businesses to the sale of goods, and commercial tort cases, such as fraud, embezzlement, and breach of fiduciary duty. He has substantial experience in shareholder and partner disputes (business divorces) and in protective order and defamation matters.

He has won jury trials representing plaintiffs and defendants, and he handles appeals in both the state and federal courts.

Phil also advises business clients in contract and lease matters, entity selection and formation, and the drafting of entity governance documents, including shareholder agreements, operating agreements, employment, and independent contractor agreements.

In employment law, Phil represents employers and employees in connection with covenants not to compete, anti-piracy or non-solicitation covenants, trade secrets, and confidentiality issues.

Practice Areas

Commercial Litigation

Real Estate Litigation

Business Transactions

Real Estate Transactions

Employment Law

Estate Controversy

Administrative Law

Mediation and Arbitration

Honors and Awards

AV Preeminent^® Peer Rating, Martindale-Hubbell^®

Arizona’s Finest Lawyers

Top Rated Lawyers (Business and Commercial Litigation), National Law Journal

Professional Memberships

State Bar of Arizona

Maricopa County Bar Association: Board Member, Litigation Section

Bar and Court Admissions

Arizona, 1987

U.S. District Court, District of Arizona, 1987

U.S. Court of Appeals, Ninth Circuit, 1989

U.S. Supreme Court, 1999

Published Decisions

TWE Retirement Fund Trust, 198 Ariz. 268, 8 P. 3d 1182 (Arizona Appellate 2000)

Lloyd v. AMC, 195 Ariz. 144, 985 P. 2d 679 (Arizona Appellate 1999)

Cho v. American Bonding Co., 190 Ariz. 593, 591 P. 2d 468 (Arizona Appellate 1997)

A.G. Edwards & Sons, Inc. v. McCollough, 967 F. 2d 1401 (9th Cir. (Ariz.) 1992)

Rent-A-Center, Inc. v. Canyon Television and Appliance Rental, Inc., 944 F. 2d 597 (9th Cir. (Ariz.) 1991)

Publications

Contributing Editor and Author, Arizona Litigation Guide (6th Ed. 2020), Maricopa County Bar Association

Contributing Editor and Author, Arizona Litigation Guide (5th Ed. 2015), Maricopa County Bar Association

Contributing Author, “Covenants Against Competition in Franchise Agreements,” American Bar Association Monograph Series, Forum on Franchising, 1992

Education

J.D., Hastings College of the Law, University of California, 1987: Am.Jur. Award, Federal Government Contracts; Best Brief, Moot Court; Moot Court Board 

A.B., magna cum laude, History, University of California, Riverside, 1984

Community Involvement

Lions Club International, Past District Governor, District 21-A

Central Arizona Dental Society Foundation: Board Member

North Phoenix Lions Club

Scottsdale Leadership

Banner Good Samaritan Hospital: Institutional Review Board

Community Bank of Arizona: Former Board Member