Lindsay G. Leavitt
Shareholder

COMMERCIAL & REAL ESTATE LITIGATION

• Successfully represented multiple hotel purchasers in fraudulent misrepresentation and failure-to-disclose lawsuits against the sellers.
• Obtained summary judgment on behalf of an actuary whose seven-figure consulting agreement was improperly terminated.
• Achieved full dismissal of all claims for a medical marijuana dispensary against a $30 million+ class action lawsuit alleging violations of the Fair and Accurate Credit Transactions Act.
• Obtained a full dismissal on summary judgment on behalf of a small business in a bet-the-company breach of contract case with alleged damages exceeding $4 million.
• Represents buyers and sellers in actions to enforce purchase options, earnest money deposits, and purchase agreements for commercial properties.
• Advises and represents both commercial landlords and tenants in all types of leasing disputes.
• Obtained a full defense verdict on behalf of a commercial landlord that was sued by its tenant for breach of the lease agreement.
• Represented an independently-owned pharmacy against its commercial landlord for breach of the lease and wrongful eviction. The case was settled on the eve of trial for an amount that was 5x higher than the landlord’s previous offer to the pharmacy.

EMPLOYMENT LAW

Acting as outside employment counsel for business owners and operators, Lindsay helps clients mitigate and manage risk with the thorough development of employer/employee documents, including:

• Employment contracts
• Employee handbooks
• Non-competes
• Severance agreements

Lindsay has also successfully represented executives and other high-level employees in severance negotiations.

When litigation cannot be avoided, Lindsay advocates for employers in lawsuits brought by current and former employees, including claims involving:

• Discrimination
• Harassment
• Wage and hour

He also defends businesses in wage and hour audits brought by various state and federal agencies.

AMERICANS WITH DISABILITIES ACT (ADA)

• Has defended over 400 ADA accessibility lawsuits in federal and state courts throughout the U.S. His clients include commercial landlords, REITS, and some of the largest hotel and resort franchisors in the U.S.
• Consults with Arizona and United States legislators and industry groups regarding proposed ADA-related legislation, and is a frequent lecturer, presenter, and panelist on ADA issues and defense strategies.

CREDIT UNION REPRESENTATION

Lindsay provides specialized corporate legal counsel to credit unions on regulatory issues affecting credit union membership, as well as negotiating vendor agreements and drafting and revising internal bylaws in anticipation for aggressive expansion.

In addition, Lindsay has successfully defended several credit unions in proposed class actions and other complex litigation.

PERSONAL INJURY & WRONGFUL DEATH

With a strong desire to help those injured by the negligent or intentional actions of others, Lindsay has represented dozens of plaintiffs and their families in catastrophic injury and wrongful death lawsuits, recovering several six and seven-figure settlements.