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.
HONORS & AWARDS
- Phoenix Business Journal, 40 Under 40 Awards, 2020
- Best Lawyers in America®, Commercial Litigation, 2024-2025; Employment Law - Management, 2024-2025
- Southwest Super Lawyers Rising Stars®, Business Litigation, 2019-2024; Civil Rights, 2022; Employment Law, 2022
News
- Best Lawyers in America® 2025 Recognizes 51 Gallagher & Kennedy Attorneys - August 15, 2024
- Lindsay Leavitt Successfully Represents Local Event Planning Business in Employee Classification Dispute with State of Arizona - June 7, 2024
- 19 G&K Attorneys Selected to 2024 Super Lawyers & Rising Stars - April 8, 2024
- After Jennings Strouss Closure, Attorneys Reflect, Move On - October 17, 2023
- Gallagher & Kennedy Law Firm Scoops up Former Jennings Attorneys - September 1, 2023
- Gallagher & Kennedy Welcomes Six Lateral Attorneys to the Firm, Growing its Business Transactions & Litigation Practices - August 28, 2023
- Here’s How to Protect Yourself from Frivolous ADA Lawsuits - July 26, 2016
- Phoenix-area Activists, Businesses go Head-to-Head in Flood of Americans With Disabilities Act Lawsuits - July 18, 2016
- Battling Drive-By Lawsuits - July 1, 2016
- Balancing on the Internship Tightrope - May 1, 2015
Publications
- Two Employment Issues That Every Employer Should Know - August 15, 2024
- Sexual Harassment in the Workplace: 5 Things Every Arizona Employer Should Know - August 28, 2019
- Website Accessibility Lawsuits: 5 Things Every Arizona Business Should Know - August 19, 2019
- ADA Plaintiff’s Fernando Gastelum and Theresa Brooke Sue Hotels Over Online Reservation Policies - August 4, 2017
- Hotels Sued For Violating ADA Online Reservation Policies - July 21, 2017
- ADA Plaintiff Theresa Brooke Sues Hotels Over Online Reservation Policies - July 14, 2017
- Serial ADA Plaintiff Theresa Brooke Returns to Arizona - July 7, 2017
- Blind Man Sues Arizona Businesses for Failing to Provide Websites that are Accessible to the Visually Impaired - January 20, 2017
- Proposed Overtime Rule Will Not Go Into Effect December 1, 2016 - December 9, 2016
- Advocates for Individuals with Disabilities Foundation Continues to File Hundreds of ADA Lawsuits Every Month - July 28, 2016
- Advocates for Individuals with Disabilities Foundation has Filed More Than 950 ADA Cases in 2016 - July 28, 2016
- More ADA Cases Filed by Serial Plaintiff David Ritzenthaler - April 7, 2016
- Serial ADA Plaintiffs David Ritzenthaler and Santiago Abreu Have Sued More Than 450 Arizona Business in 2016 - March 16, 2016
- Disabled Man Sues Dozens of Arizona Businesses Over Handicapped Parking Spaces - February 17, 2016
- An Employee Suffering From Alcoholism Is Protected Under the Americans with Disabilities Act - October 20, 2015