1850 North Central Avenue Suite 1100 Phoenix, Arizona 85004

(602) 604-2141

Mon - Fri: 8:00 a.m. - 5:00 p.m.

Keith Hendricks

Keith Hendricks is a trial attorney with 28 years of experience representing businesses and individuals in commercial disputes. His practice is focused in the areas of real estate and business litigation. Keith also has significant experience in bankruptcy litigation, water law disputes, collections, governmental procurement, administrative law disputes, construction litigation, and restrictive covenant litigation. Keith is a former partner with the law firm Fennemore Craig PC where he practiced for 22 years. Keith is currently a named partner with Moyes Sellers & Hendricks and chairs its litigation practice.

Keith graduated from the law school at Brigham Young University in 1989, cum laude and is a member of the Order of the Coif (a society for the top 10% of a graduating class). He is admitted to practice in Arizona, the Federal courts in Arizona, and before the Ninth Circuit and the United States Supreme Court. Keith is also admitted to practice before the Federal Tax Court and the Court of Claims, and has been admitted pro hac vice (admitted for specific cases) in many other states.

Since 1998, Keith has held a certification as a Certified Real Estate Specialist through the Arizona State Bar of Legal Specialization. He has an 'AV-Pre-eminent'™ Martindale-Hubbell Peer Rating™, which is the highest ranking given for legal ability and ethical standards. He is also listed in Super Lawyers® and several other attorney ranking services. Keith was selected by American Lawyer Media and Martindale Hubbell™ as one of 2013’s Top Rated Lawyers in commercial litigation, and received the Corporate International Global award for Arizona Bankruptcy Litigation from Corporate INTL™ from 2014-2017. He is a former Judge Pro Tem for Maricopa County, Arizona, and is the current vice-chair of the Arizona State Bar Ethics Committee. Keith has published several articles related to the real estate industry and business litigation. He has made numerous presentations to a wide variety of lawyer, real estate and business groups.

Many of the matters Keith handles involve disputes with hundreds of millions of dollars at issue or where a client’s entire business is at stake.

ADMISSIONS
EDUCATION AND HONORS
PRACTICE AREA
PROFESSIONAL AND COMMUNITY AFFILIATIONS

Significant Recent Cases

For the last nine years, Keith has served as lead trial counsel for the investors in more than a dozen litigation matters before the United States Bankruptcy Court, the United States District Court, and multiple appeals before the Ninth Circuit Court of Appeals, as well as several collateral state court lawsuits which arose from a bankruptcy of a hard money lender involving a $900 million portfolio of commercial loans funded by over 1800 investors.

Keith is the lead counsel for a group of 100 investors and lenders in a portfolio of loans and projects with a face value of approximately $105 million where the promoter was criminally prosecuted by the Arizona Attorney General’s office for a Ponzi scheme.

Keith represents the former manager of a portfolio of approximately $200 million in assets in a family dispute over control of the portfolio.

Keith is local counsel in a bankruptcy, several state court proceedings, a federal court proceeding and several 9th Circuit appeals arising out of the operation and management of a $175 million medical billing company.

Keith represented a dozen individuals who had down payments in a failed condo project and collected $1.2 million for them in a vendee’s lien claim that was upheld on appeal.

Keith was lead counsel for the developer of the largest planned master community in Arizona against the buyer. After three days of trial, the parties settled with the buyer agreeing to purchase additional property for $70 million. In addition, Keith negotiated and closed the sale of a related development for $50 million as part of the settlement.

In what appears to be the first of its kind in the nation, Keith was the architect of a Morris or Gallagher settlement agreement with a large group of mechanic lien claimants in a partially completed high-rise condominium development against a title insurance company. The successful result was a $40 million judgment against the title insurance company.

On behalf of a Fortune 500 company, Keith successfully obtained the dismissal of a lawsuit and subsequent government procurement challenge, which sought to enjoin the award of a $200 million state contract brought by a disappointed bidder.

Keith and his partner, Louis Lopez, recently obtained an injunction against the United States Government and a Native American Tribe over the construction of a road on the private ranch at the edge of the Grand Canyon. A settlement was then achieved with an agreement by the Government and the Tribe to construct $2.5 million in improvements on the client’s property and payment of a $1 million cash settlement.

Keith recently obtained a $3.5 million judgment following a two-week trial in connection with a failed purchase agreement for a commercial project in downtown Phoenix.

As lead counsel, Keith obtained a $2 million judgment in favor of a local manufacturing company against a national supplier.

Keith Hendricks

Shareholder
602.604.2120

Keith Hendricks Martindale Hubbell

Real Estate Litigation

  • In re Mortgages Ltd., 590 F. App'x 671, 672 (9th Cir. 2014)(lawsuit challenging investor controlled board’s operation of loan portfolio following implementation of plan of reorganization).
  • In re Mortgages Ltd., 771 F.3d 623 (9th Cir. 2014)(lawsuit regarding agency authority of investor controlled board).
  • In re Mortgages Ltd., 771 F.3d 1211 (9th Cir. 2014)(lawsuit challenging allocation and distribution of proceeds from investor controlled board operation of loan portfolio).
  • In re Mortgages Ltd., No. 2:08-BK-07465-RJH, 2013 WL 1003450, at *1 (Bankr. D. Ariz. Mar. 12, 2013)(dismissal of action against investor controlled board).
  • Rigoli v. 44 Monroe Mktg., LLC, 236 Ariz. 112, 336 P.3d 745 (App. 2014)(successful vendee’s lien claim on behalf of a dozen purchasers in failed condo project).
  • In re Mortgages Ltd., 427 B.R. 780 (D. Ariz. 2010) aff’d PDG Los Arcos, LLC v. Adams, 436 Fed. Appx. 739 (9th Cir. 2011)(lawsuit challenging investors in failed mortgage lending business).
  • Beninger v. Calvin, 2008 WL 4368204 (App. 2008)(specific performance of real estate purchase contract).
  • Turley v. Ethington, 213 Ariz. 640, 146 P.3d 1282 (App. 2006)(real estate, statute of frauds case).
  • Long v. City of Glendale, 208 Ariz. 319, 93 P.3d 519 (App. 2004)(case seeking rescission of property transfer).

Other Matters:

  • West Rim of the Grand Canyon – Lead counsel for developer of helicopter tours into the Grand Canyon, and ranch operator regarding access, easements, water rights and business operations at the West Rim.
  • Estrella Mountain Ranch – Lead counsel for developer in $53 million litigation claim arising out of option purchase agreement for 20,000 acre master planned community, and subsequent settlement and real estate closing with a total value of over $120 million.
  • Peoria Master Planned Community – Lead counsel for developer in $20 million litigation claim arising out of the installation of infrastructure in master planned community.
  • Mortgage Ltd. Appeals - Lead counsel for investor entities in defending against multiple appeals before the Ninth Circuit, and U.S. District for Arizona.
  • Tempe High Rise Condominium Project - Lead litigation counsel for seller of 800 unit partially completed condo project, with a myriad of mechanic lien claims, title defects, and ownership disputes.
  • ML Manager - Lead trial counsel for investor controlled entity responsible for reorganization of Mortgages Ltd. Bankruptcy.
  • Phoenix High Rise Condominium Project – Lead counsel for group of purchasers of condo units in a failed condominium project that successfully obtained a $1 million judgment against subsequent owner for a “vendee’s lien” securing their down payments.
  • Hard Money Lender Bankruptcy – Lead trial counsel for investors committee in bankruptcy involving $900 million portfolio of commercial loans.
  • Condominium Resort Bankruptcy – Lead trial counsel for secured lender in resisting attempted cram-down plan.
  • Lake Pleasant – Lead trial counsel for marina operator in obtaining injunctive relief in dispute with governmental agency.
  • Scottsdale Resort – Lead counsel for resort developer in obtaining injunction against $140 million encroaching adjacent development.
  • Las Vegas Litigation – Lead counsel in action arising out of purchase agreement for property adjacent to the Las Vegas Strip.
  • Homebuilder Reorganization – Counsel for several homebuilding companies involved in restructuring following economic downturn.
  • Homebuilder and Developers – Primary outside litigation counsel for several homebuilder and residential developers.
  • Broker Regulation – Counsel for various brokers relating to investigations or claims brought by the Arizona Department of Real Estate.
  • Broker Defense Litigation – Lead counsel for defense of multi-million dollar malpractice claim against real estate broker.
  • Glendale Municipal Airport – Lead counsel for City in defense of reversion claim asserted by grantor of land for municipal airport.
  • Scottsdale Shopping Center - Lead counsel for partner in partnership dispute over ownership and control of shopping center.
  • US Airways Arena – Lead counsel in matter arising out of bond financing of stadium construction.
  • Phoenix Airport Hotel – Lead counsel in quiet title action to clear claims of hotel operator.
  • Master Planned Community Developer – Lead counsel for residential home developer prosecuting claims for discriminatory development fees against municipality.
  • Master Planned Community Developer – Lead counsel for master developer in specific performance suit brought by golf course developer.
  • RV Park Developer – Trial counsel for general partner defending claims from limited partners arising out of development of RV Park.

Construction Litigation

Published Opinions:

  • Stonecreek Bldg. Co., Inc. v. Shure, 216 Ariz. 36, 162 P.3d 675 (Ariz. Ct. App. 2007)

Other Matters:

  • Cardinals Football Stadium – Lead counsel for AZSTA in construction litigation involving Cardinals Football Stadium Project.
  • Luxury Custom Home Litigation – Lead counsel for general contractor in litigation involving claims of construction defects and violations of Arizona’s Prompt Pay Act.
  • Aladdin Hotel, Las Vegas – Lead counsel for consultant in major construction defect litigation.
  • Central Arizona Project Canal – Co-trial counsel in construction litigation claims representing general contractor for a portion of the CAP canal.

Governmental Procurement Disputes

Published Opinions:

  • Facilitec, Inc. v. Hibbs, 206 Ariz. 486, 80 P.3d 765 (2003)(Government procurement and administrative law case).

Other Matters:

  • Fortune 500 Telecommunications Company – Lead counsel in successfully defending $200 million bid protest
  • IT Consulting & Staffing Services Protest – Counsel for protestor of multi-million dollar IT consulting contract.
  • Arizona BRITS Project – Counsel for protestor of a $120 million consulting contract for the Arizona Department of Revenue.
  • Mesa Unified School District Telecommunications Contract – Lead counsel, trial counsel, and appellate counsel for litigation arising out of a $16 million modular furniture contract.
  • Arizona State Office Furniture Contract – Lead counsel for successful protest and ultimate award of $20 million office furniture contract with State of Arizona and all its political subdivisions.

Business Litigation

Published Opinions:

  • Bear Tooth Mountain Holdings Ltd Partnership v. ML Manager, 2013 WL 1336830 (Bankr. D. Ariz. 2013)(dismissing $50 million breach of fiduciary duty claim against agent). Represented the defendants.
  • In re Mortgages Ltd., 2013 WL 1003450 (Bankr. D. Ariz. 2013)(denying remand to state court of breach of fiduciary duty lawsuit).Represented defendants.
  • Red River Resources, Inc. v. Mariner Systems, Inc. 2012 WL 2507517 (D. Ariz. 2012)(denying a motion to dismiss a $15 million securities fraud claim). Represented the plaintiff.
  • Rev Op Group v. ML Manager, LLC, 2011 WL 334292 (D. Ariz. 2011)(affirming dismissal of investor’s challenge to agent’s decision to settle with borrower/claimant). Represented the defendant.
  • Allied Tube and Conduit Corp. v. John Maneely Co., 125 F. Supp.2d 987 (D. Ariz. 2000)(patent infringement litigation).

Other Matters:

  • Securities Fraud Litigation – Lead litigation counsel in $15 million fraud claim against software company arising out of start-up operations.
  • Hospital System – Lead counsel in litigation between founder and investors asserting $25 million in various claims.
  • Manufacturing agreement dispute – Lead counsel in arbitration resulting in $2 million judgment in favor of local manufacturing company against national supplier.
  • Pharmaceutical and medical implant sales –Lead counsel in successful enforcement of non-compete agreements related to sale of artificial hips and knees.
  • Magazine publishing – Representation of publisher/investor in litigation arising out of ownership of local magazine.
  • Charter schools – Representation of current ownership of charter school in dispute with founder.
  • Fiber optic cable right of way – Representation of contractor in arbitration arising out of installation of fiber optics in natural gas right of way.

Water Law

Salt River Project – Lead Trial Counsel for downstream water users challenging the permitting of six reservoirs on the Salt and Verde Rivers.

Articles and Presentations

  • CENTERPOINT: CASE STUDY ON THE BREADTH AND SCOPE OF MORRIS AGREEMENTS, NBI (2013)
  • BAD FAITH LITIGATION IN COMMERCIAL CONTEXT: NBI (2012)
  • CENTERPOINT: LESSONS AND CASE STUDY, ULI Young Leaders Forum, (2011)
  • ARIZONA ASSOCIATION OF REALTORS ™, Faculty for Certified Risk Management Specialist (CRMS), certification (2008)
  • ESCAPING FRAUD LIABILITY IN A SLOW MARKET, Arizona Journal of Real Estate and Business, (May 2008)
  • ESCAPING THE UNDERCURRENT OF FRAUD LIABILITY IN REAL ESTATE TRANSACTIONS, Arizona Association of Defense Counsel’s “e-Common Defense, (2007)
  • FRAUD LIABILITY AND THE ARIZONA REAL ESTATE PROFESSIONAL, NBI Seminar, (2007)
  • HOW TO LITIGATE CLAIMS OF UNDISCLOSED DEFECTS IN REAL ESTATE TRANSACTIONS IN ARIZONA, NBI Seminar (2004)
  • CREATING HYPERLINKED BRIEFS, Maricopa County Bench/Bar Summit (2003)
  • RESIDENTIAL AND COMMERCIAL EVICTIONS IN ARIZONA, NBI Seminar (2003)
  • ARIZONA SUPREME COURT EXPANDS THE IMPLIED DUTY OF GOOD FAITH IN ALL CONTRACTS, (2003)