Lindsay G. Leavitt

Mr. Leavitt represents and advises companies of all sizes in employment and business litigation matters. His clients, which range from mom-and-pop shops to large publicly-traded corporations, value his practical and cost-effective approach to their legal disputes.

Mr. Leavitt’s appreciation for business owners is due, in part, to his own family’s entrepreneurialism. Mr. Leavitt’s father, brother, and wife are all business owners, providing him with first-hand knowledge of the issues businesses face, enabling him to better use the law to provide his clients with real-world solutions.

A large portion of Mr. Leavitt’s clientele are hotel, restaurant, and bar owners. He regularly counsels them on employment, franchise and vendor agreements, and business litigation matters.

Mr. Leavitt has also defended more than 300 accessibility lawsuits brought under the Arizonans with Disabilities Act (ADA). He is often retained by small businesses, commercial property owners, and publicly-traded REITS to defend and resolve ADA lawsuits brought against them.

Admitted to Practice

• Arizona (2012)

Court Admission

• U.S. District Court, Eastern District of Wisconsin (2022)
• U.S. District Court, Northern District of Texas (2022)
• U.S. District Court, District of New Mexico (2020)
• U.S. District Court, District of Colorado (2019)
• U.S. Court of Appeals, Ninth Circuit (2018)
• U.S. District Court, District of Arizona (2012)

Commercial and General Litigation

• Represented multiple hotel purchasers in fraudulent misrepresentation and failure-to-disclose lawsuits against the sellers. Settled on favorable terms.
• Obtained summary judgment on behalf of actuary whose seven figure consulting agreement was improperly terminated.
• Defended a medical marijuana dispensary against a $30 million+ class action lawsuit alleging violations of the Fair and Accurate Credit Transactions Act. Achieved full dismissal of all claims.
• Represented an Arizona hotel in a threatened class action lawsuit alleging violations of the Telephone Consumer Protection Act. Received a full dismissal of all claims.
• Obtained a full dismissal on summary judgment in a bet-the-company case with alleged damages exceeding $4 million.

Americans with Disabilities Act (ADA)

• Successfully defended more than 300 ADA accessibility lawsuits in federal and state courts throughout the U.S.
• Consulted Arizona and United States legislators and lobbyists regarding proposed ADA related legislation.
• A frequent lecturer, presenter, and panelist on ADA issues and defense strategies.

Employment Law

• Assists business owners with the drafting of severance agreements, employment contracts, employee handbooks, non-competes and other employer/employee related documents.
• Defended businesses in discrimination, harassment, wage & hour, and other employment related lawsuits.
• Defended businesses in wage and hour audits brought by various state and federal agencies.
• Represented executives and other high level employees in severance negotiations.

Credit Union Representation

• Defended multiple credit unions in proposed class actions arising from allegations of improper NSF fees. Resolved on favorable terms.
• Provide day-to-day legal advice to one of Arizona’s largest credit unions on an assortment of issues, regulations, and laws affecting credit union membership;
• Draft and revise credit union’s internal bylaws to allow for aggressive membership expansion;
• Review/analyze and negotiate vendor agreements;

Personal Injury/Wrongful Death

• Represented dozens of injured parties and their families in personal injury and wrongful death lawsuits, receiving numerous six and seven figure settlements.

Real Estate Litigation

• Represents buyers and sellers in actions to enforce purchase options, earnest money deposits, and purchase agreements.
• Advises and represents both commercial landlords and tenants in all types of leasing disputes.
• Obtained defense verdict after a bench trial on behalf of a commercial landlord that was sued by its tenant for breach of the lease agreement.

Presentations

• “Labor & Employment Seminar,” Presenter, Jennings Strouss & Salmon (November 14, 2019)
• “Arizona Sick Leave Requirements: Getting Ready for July 1st,” Co-presenter, Local First Arizona (June 2017)

Articles

• “How to Protect Yourself From Frivolous ADA Lawsuits,” Contributor, AzBusiness Magazine (2016)
• “Phoenix-area activists, businesses go head-to-head in flood of Americans With Disabilities Act lawsuits,” Contributor, The Arizona Republic (2016)
• “Battling Drive-By Lawsuits,” Contributor, AzBusiness Magazine (2016)
• “Understanding Personal Injury Claims and How to Deal with Them,” Contributor, Hotel Business Magazine (2015)
• “Unpaid Interns May Be an Endangered Species Soon in AZ,” Author, Record Reporter (2015)
• Contributor, “Balancing on the Internship Tightrope,” InBusiness Magazine (2015)
• “Police Officers and Protective Orders: What to know. What to do.,” Author, Phoenix Law Enforcer: Official Publication of the Phoenix Law Enforcement Association (September/October 2013)

Blogs

• “Sexual Harassment in the Workplace: 5 Things Every Arizona Employer Should Know,” Jennings Strouss Blog (August 28, 2019)
• “Website Accessibility Lawsuits: 5 Things Every Arizona Business Should Know,” Jennings Strouss Blog (August 19, 2019)
• “ADA Plaintiff’s Fernando Gastelum and Theresa Brooke Sue Hotels Over Online Reservation Policies,” Employment Law Times (2017)
• “ADA Plaintiff Theresa Brooke Sues Hotels Over Online Reservation Policies,” Employment Law Times (2017)
• “Serial ADA Plaintiff Theresa Brooke Returns to Arizona,” Employment Law Times (2017)
• “Blind Man Sues Arizona Businesses for Failing to Provide Websites that are Accessible to the Visually Impaired,” Employment Law Times (2017)
• “Proposed Overtime Rule Will Not Go Into Effect December 1, 2016,” Employment Law Times (2016)
• “Advocates for Individuals with Disabilities Foundation Continues to File Hundreds of ADA Lawsuits Every Month,” Employment Law Times (2016)
• “Advocates for Individuals with Disabilities Foundation has Filed More Than 950 ADA Cases in 2016,” Employment Law Times (2016)
• “Serial ADA Plaintiffs David Ritzenthaler and Santiago Abreu Have Sued More Than 450 Arizona Businesses in 2016,” Employment Law Times (2016)
• “Disabled Man Sues Dozens of Arizona Businesses Over Handicapped Parking Spaces,” Employment Law Times (2016)
• “It Begins: Arizona Restaurants/Bars Must Prepare for Tidal Wave of ADA Lawsuits,” Employment Law Times (2015)
• “An Employee Suffering From Alcoholism Is Protected Under the Americans with Disabilities Act,” Employment Law Times (2015)
• “Disabled Woman Sues More Than 100 Arizona Hotels for Failing to Provide Wheelchair Access to Pools/Hot Tubs,” Employment Law Times (2015)
• “Medical Marijuana in the Arizona Workplace,” Employment Law Times (2015)
• “Are Unpaid Internships Illegal in Arizona?” Jennings Strouss Blog (2015)
• “Non-Compete Agreements Under Arizona Law,” Jennings Strouss Blog (2014)

Interviews

• “JSS Attorney Lindsay Levitt Discusses ADA Lawsuits,” AzTV (2016)

Videos

• “Three Things Every Pest Control Business Owner Should Know,” (2014)

State Bar of Arizona

J. Reuben Clark Law Society

• Member, Board of Directors, Phoenix Chapter

• Phoenix Business Journal, “40 Under 40 Awards” (2020)
• Southwest Super Lawyers Rising Stars^®, Business Litigation (2019 – 2022)