Gerald W. Alston

Special Counsel

Overview

Mr. Alston has practiced law for more than 40 years, focusing on general and complex commercial litigation, construction litigation, labor and employment matters, mediation, and arbitration.

Contact
Areas of Focus
  • Litigation
  • Labor and Employment
Education

J.D., University of Arizona, James E. Rogers College of Law (1968)

  • Articles Editor, Arizona Law Review
  • Member, Curia Regis
  • Completed I.B.E.W. Apprenticeship Journeyman – Electrician

B.S., University of Arizona, Business Administration (1965)

  • Phi Kappa Phi, Beta Gamma Sigma

Biography

Mr. Alston has practiced law for more than 40 years, focusing on general and complex commercial litigation, construction litigation, labor and employment matters, mediation, and arbitration.

As part of the firm’s expansion of its international practice, Mr. Alston worked in the offices of a large Mexico City law firm in 1994-95, assisting domestic clients with their business activities in Mexico.

Mr. Alston served as Judge Pro Tempore for the Maricopa County Superior Court from 1982 until 2007. He has served as both an arbitrator and a mediator in all areas of civil litigation, including domestic relations, eminent domain and matters involving real estate and contract disputes.

Admissions

Court Admission

  • U.S. District Court, District of Arizona (1968)
  • U.S. Court of Appeals, Ninth Circuit (1968)

Admitted to Practice

  • Arizona (1968)

Representative Experience

  • Successfully defended a major employer in a dispute over worker’s compensation insurance premiums. After a bench trial, the Court ruled in favor of our client, rejecting the insurance company’s claim of more than $5 million
  • Represented a major healthcare provider in Maricopa County in a reimbursement dispute with a physicians group
  • Represented a major textile manufacturing firm against counterfeiters of its textile designs
  • Successfully defended a majority joint venture partner in a breach of fiduciary duty claim brought by a minority partner seeking general damages and $10 million in punitive damages
  • Successfully defended a national hospital and healthcare corporation in a jury trial of a suit by a partnership claiming damages of several million dollars for breach of a lease
  • Successfully defended a Boston asset management company in a jury trial in a lawsuit filed by an Arizona architect claiming that several hundred thousand dollars of architectural fees were owed. Also secured an award of attorneys’ fees against the plaintiff in the approximate amount of $140,000
  • Involved in many trade secret protection litigation and trade secret interference litigation
  • Represented pension trustees in a major ERISA violation case involving losses more than $150,000,000 due to alleged mismanagement of the pension funds
  • Successfully defended a major hospital and healthcare center in a jury trial where the plaintiff claimed it was damaged as a result of our client’s terminating a contract to operate a medical facility
  • Successfully defended a real estate broker in a jury trial involving a real estate buyer’s claim that, as a result of misrepresentations by the broker, the buyer had been damaged in the amount of several hundred thousand dollars
  • Successfully defended an adoption agency in a jury trial of a lawsuit filed by the adoptive parents of a child, claiming that information important to the medical care of the child was withheld from them
  • Successfully defended a major foundation in an action brought by a Federal Agency on a guaranty of an approximate $2 million obligation. After a bench trial, the judge ruled in favor of our client
  • Successfully defended a major California healthcare system in an action brought against it claiming more than $10 million in damages arising out of the sale of a hospital. At the close of the trial (and while the judge had the matter under advisement) the plaintiffs dismissed their action with prejudice in exchange for our clients waiving the claim for attorneys’ fees

Alternative Dispute Resolution Experience

  • Served as Judge Pro Tempore for the Maricopa County Superior Court from 1982 until 2007
  • Actively involved in serving as both an arbitrator and a mediator in all areas of civil litigation, including domestic relations, eminent domain, and matters involving real estate and contract disputes for the last 22 years

Media and Presentations

Articles and Publications

Presentations

  • “Immigration Reform – Unintended Consequences,” Sierra Consulting Group (2008)
  • “Ethics and Professionalism: Dealing with Difficult Opposing Counsel,” Jennings Strouss internal CLE (February 2008)
  • “How to Maximize the Potential for Success at Mediation,” Jennings Strouss internal CLE (May 2008)
  • “The Art of Taking a Deposition,” Jennings Strouss internal CLE (November 2008)
  • “Ethics: Two Approaches to Mediation – Mediator and Customer Perspectives,” CLE International Eminent Domain Conference (May 2006)

Memberships

State Bar of Arizona

  • Chairman, International Law Section (2003 – 2004)
  • Member and Chairman, Law and Counseling Committee (1984 – 1987)
  • Chairman, Advanced Domestic Relations Seminar (1986)
  • Member, Committee on Unauthorized Practice of Law (1978 – 1986)

Maricopa County Bar Association (MCBA)

  • Chairman, International Law Committee (2000 – 2001)
  • Liaison to Editorial Board, The Maricopa Lawyer (1990 – 1994)
  • Member, Board of Directors (1990 – 1994)
  • Member, Board of Directors, MCBA Volunteer Lawyers Program (1980 – 1986)

Maricopa County Superior Court

  • Judge Pro Tem (1982 – 2007)
  • Member, Alternative Dispute Resolution Committee

Honors and Awards

  • AV Preeminent® Peer Review Rated
  • Listed, The Best Lawyers in America© in the categories of Arbitration, Commercial Litigation, International Arbitration – Commercial, International Trade and Finance Law, Litigation – Construction, and Mediation (2005 – 2019)
  • Listed, Southwest Super Lawyers in the categories of Business Litigation and Alternative Dispute Resolution (2007 – 2018)
  • Listed, AZ Business Leaders 2019
  • AB Top Lawyer, Alternative Dispute Resolution and Commerical Litigation, Az Business Magazine (2008 – 2010)

Community Involvement

Arizona Boxing Commission

  • Member (1985 – 1994)

Esperanza, Non-Profit Charitable Corporation (provides medical assistance to indigenous people in Third World countries)

  • Board of Directors (1976 – 1990)

Foreign Languages

  • Spanish (Fluent)