Andrea Marconi

Attorneys

Andrea Marconi

Partner

Andrea practices in the areas of business and commercial litigation, personal injury torts, and franchise litigation. She has extensive experience litigating matters involving a wide variety of industries and works with a diverse group of clients, including individuals, small and mid-sized businesses, and Fortune 500 companies.

Andrea has a particularly strong background in financial services matters, including banking issues, payment processing, credit card processing and ACH transactions. She routinely advises her financial service clients on regulatory compliance issues, risk management, and contract issues, among others. Andrea is also frequently called upon to represent these clients in litigation, including contract and employment disputes, defending allegations of deceptive or abusive trade practices, and defending against alleged violations of consumer protection and related laws and regulations.

Beyond her financial services clients, Andrea works with entities throughout the healthcare industry, including representing health insurers in numerous matters such as coverage issues, regulatory and compliance matters, and defense of bad faith claims. Andrea also has significant experience representing clients in franchise disputes, including direct and vicarious liability claims, as well as other areas involving claims of negligence and intentional misconduct where vicarious liability and respondeat superior claims arise. She also has experience litigating a wide array of business and real estate contract disputes, insurance coverage and indemnity matters, restrictive covenants, and trade secret litigation. Additionally, she has represented numerous clients in disputes concerning intellectual property rights, including patent, trademark and copyright infringement claims, trade dress violations and related indemnification actions. In her practice, Andrea routinely arbitrates and litigates cases in state and federal courts around the country.

In 2017, Andrea was named one of Arizona’s Top 100 Lawyers by AZ Business Magazine.  Andrea has also been recognized as a Southwest Super Lawyer® in Business Litigation for 2014 through 2017. Additionally, in 2016, Andrea was named one of the top 25 women lawyers in the State of Arizona by Southwest Super Lawyer®.

Andrea is very active in the legal profession currently serving as a Ninth Circuit Lawyer Representative and is a member of the National Sections and Divisions Council for the Federal Bar Association. Andrea is also a Past President of the Phoenix Chapter of the Federal Bar Association and continues to serve on its Board of Directors.

Andrea is also vested in her community and presently serves as the Vice-Chair of the Arizona Humane Society Board of Directors and a member of “Big Gorilla Board” of Phoenix Suns Charities 88.

Admissions

  • U.S. District Court, District of Colorado
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, District of Arizona
  • Arizona

Education

  • Arizona State University, Sandra Day O’Connor College of Law, J.D., magna cum laude
    • Order of the Coif
    • Pedrick Scholar
    • Note and Comment Editor, Arizona State Law Journal
  • University of Arizona, B.A. in Political Science, summa cum laude
    • Phi Beta Kappa

Professional Affiliations

  • Ninth Circuit Lawyers Representative 
  • Federal Bar Association, National Sections and Divisions Council and Federal Litigation Section, Co-Programming Chair
  • Board of Directors, Phoenix Chapter of Federal Bar Association, Past President and Member 
  • Arizona Women Lawyer’s Association, Board of Directors 

Honors and Awards

  • Top 100 Lawyers in Arizona, AZ Business Magazine
  • Southwest Super Lawyer®, Top 25 Women Lawyers in Arizona
  • Southwest Super Lawyer®, Business Litigation
  • Power Players, Four Valley Residents Helping Others
  • Southwest Super Lawyer®, Rising Star

Articles and Presentations

  • “Changes to the Administration of Commercial Litigation in Arizona: A Brief Overview of the Commercial Court Pilot Program” (February 2015)
  • “Financial Institutions & Social Media: Final Guidance Issued By the FFIEC” (January 2014)
  • Presenter, “Emerging Issues: Social Media Guidelines for Banks and Financial Institutions Explored,” The Knowledge Congress Webcast Series (July 2013)
  • Presenter, “Deconstructing a Litigation Budget,” Association of Corporate Counsel Arizona Chapter (June 2013)
  • “How Soon Is Too Soon to Appeal? The Arizona Court of Appeals Reexamines Premature Notices of Appeal” (March 2013)
  • “The Dodd-Frank Act and Consumer Financial Protection Bureau, What You Need to Know” (November 2011)
  • “CFPB Announces Early Warning Notice of Enforcement Actions” (November 2011)
  • “Federal Government Establishes Multi-Agency Task Force to Investigate Alleged Abuses by Banks and Payment Processors” (November 2011)
  • “Major Legislation Affecting the Real Estate Industry” (July 2011)
  • “New Laws Affecting Business Litigation” (June 2011)
  • “Facilitating Financial Transactions in the Age of Internet Gambling: Compliance with the Unlawful Internet Gambling Enforcement Act, Co-Author, Banking Law Journal” (July/August 2009)
  • “Betting and Buying: The Legality of Facilitating Financial Payments for Internet Gambling, Co-Author, Banking Law Journal” (June 2007)
  • “Resolving Disputes Over Information Technology Transfers,” published for the 2005 United Nations World Summit on the Information Society

Representative Cases

  • Achieved dismissal early in case of a public employee in a high-profile case alleging negligence and breach of duty claims. Defended and negotiated a favorable settlement of non-compete, trade secret misappropriation and unfair competition claims brought against a high-level sales employee after his departure from a prior employer.
  • Participates in the team representing a national franchisor of massage and spa clinics with franchises in 49 states, including serving as the franchisor’s national defense counsel for various kinds of tort claims.
  • Defended credit card processing company in numerous putative class action cases that were consolidated and transferred to a multi-district litigation involving claims arising out of one of the largest alleged pyramid and Ponzi schemes in U.S. history.
  • Representation of third-party payment processor in numerous aspects of its business, including contract drafting and review, regulatory and compliance issues, employment matters, and litigation. Represents clients in defending against vicarious liability and respondeat superior claims arising out of negligent and intentional conduct by employees, contractors, franchisees, and other like individuals or entities.
  • Defense and successful settlement of numerous claims by the Federal Trade Commission and various state attorneys general involving deceptive trade practices and consumer rights, including alleged violations of the FTC Act and related state and federal regulations.
  • Represented a local fine dining restaurant group and was part of the team who negotiated a favorable settlement for client in actions involving claims of breach of a multi-million dollar promissory note against the financiers who purchased the restaurant group and defending against trademark and trade dress infringement claims asserted by the purchaser against the restaurant group.
  • Successfully asserted and defended numerous restrictive covenant, trade secret, infringement, misappropriation, unfair competition and related intellectual property claims for clients ranging from individuals and start-ups to large corporations.
  • Defended large supplier of automated voice response systems in indemnification action arising out of patent infringement claims alleged against a call processing center to whom the client provided its product.
  • Defended claims by a putative class of consumers alleging unlawful pharmaceutical pricing in a multidistrict litigation matter.
  • Represented a large solid waste company in arbitration regarding a success fee and royalty contract where the claimant contended it had earned a large success fee and multi-million dollar royalty in connection with a landfill expansion. After a full evidentiary hearing, the arbitrator ruled that the claimant had not established entitlement to either the success fee or royalty and issued an award in favor of the waste company. The claimant moved the Arizona Superior Court to vacate the award. The court denied the motion to amend and confirmed the arbitration award.
  • Represented a Japanese EPC subcontractor in an arbitration of consolidated claims arising out of the construction of a 790-Megawatt Power Plant in the Midwestern United States.
  • Defended more than 30 individual personal injury claims alleging purported benzene exposure in a Midwestern community against one of the world’s largest oil companies related to one of the company’s refineries and achieved a successful settlement of all remaining claims.
  • Participated in negotiating a favorable settlement and business licensing agreement to resolve trade secret and misappropriation claims against a large industrial manufacturer client.
  • Defended and leveraged for early settlement breach of contract and related claims alleged by an advertising agency against an international hotel chain.

Community Activities

  • Arizona Humane Society
    • Board of Directors, Vice-Chair
    • Board of Directors, Governance Committee Chair 
    • Co-Chair of Arizona Humane Society Signature Event, Compassion with Fashion (2014)
  • Phoenix Sun Charities 88, Board of Directors (known as “The Big Gorillas”), Co-Philanthropy Chair
  • Phoenix Sun Charities 88, Member
  • Herberger Theater Center, Board of Directors 
  • Women’s Metropolitan Arts Council, Board Member 
  • Knox Gifted Academy (Chandler), Site Council for Curriculum Development, Member
Andrea Marconi