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Brian A. Weinberger is a Shareholder in the Litigation Practice and Intellectual Property Groups in the firm's Scottsdale, Arizona office. He focuses his practice on antitrust, real estate, construction, intellectual property, business torts and other types of commercial litigation. Mr. Weinberger also counsels and represents clients, both in and out of litigation, regarding corporate dissolutions, shareholder disputes, administrative regulation, licensing, distribution and employment agreements. Mr. Weinberger's practice is also augmented by a mediation practice, in which he mediates disputes in all of the same areas.
Relevant Representations
A representative sampling of the types of cases that Mr. Weinberger has managed over his career includes the following:
Defense of patent infringement claims and trial of patent damages issues relating to FAA-mandated Terrain Avoidance and Warning Systems for commercial and business aircraft. Responsible for trial of patent damages issues.
Prosecution of antitrust, unfair competition and business tort counterclaims in patent infringement action brought by manufacturer of Enchanced Ground Proximity Warning Systems.
Defense of Bid Protest filed with the U.S. General Accounting Office by competing supplier of cockpit voice recorders, and prosecution of Lanham Act claims arising therefrom.
Prosecution of antitrust and state law tort claims, and corresponding appeal before the U.S. Ninth Circuit Court of Appeals, relating to duty of software-based product supplier to provide competitors with access to interface data.
Representation of commercial developer in series of Arizona and Nevada dissolution actions between joint-venturers and co-members of thirteen real estate LLCs.
Defense of action brought by restaurant construction lender, involving allegations of fraud, breach of fiduciary duty and breach of contract in connection with origination of the financing.
Representation of plaintiffs in multi-count construction litigation against general contractor and principals, brought as part of a series of lawsuits and administrative proceedings relating to various residential construction projects.
General representation of manufacturers of tanning products, including drafting of distribution agreements and counseling related to antitrust and resale price maintenance issues.
Mr. Weinberger has also lectured on a variety of topics. His presentations have included:
Sports, Torts & Courts: Negotiations, Negotiations, Negotiations;
Discovery Tools for Commercial Litigation
Working with the Attorney-Agent: Do the Same Rules Apply?
Mr. Weinberger earned his J.D., cum laude, at American University, Washington College of Law and his B.A. in political science, magna cum laude, at Arizona State University.
Areas of Practice
Litigation
Intellectual Property
Bar Admissions
Arizona | 