An experienced trial lawyer, Andy Halaby focuses his practice on intellectual property litigation. He has served as lead counsel in dozens of intellectual property cases, including patent infringement, trademark infringement, trade dress infringement, unfair competition, cyberpiracy, trade secret misappropriation, copyright infringement, and deceptive advertising cases. Andy has represented both plaintiffs and defendants, in matters ranging from six to nine figures of liability exposure, involving many different products and services. A former professional engineer, Andy is admitted to practice before the United States Patent and Trademark Office. Among other professional pursuits, he serves as an adjunct professor of trademark and unfair competition law at the Sandra Day O’Connor College of Law at Arizona State University, and as an editor of Landslide® magazine, the flagship publication of the American Bar Association’s Section of Intellectual Property Law.
Andy also has widely varied commercial litigation experience, including securities, lender liability, breach of contract, breach of fiduciary duty, antitrust, derivative action, class action, ERISA, False Claims Act, data security, corporate governance, commercial real estate, trust and estate, corporate defalcation, defamation, and other complex commercial litigation matters. He has represented banks, credit unions, insurance companies, and broker-dealers, among many others.
The Chair of Snell & Wilmer’s Ethics Committee, Andy also serves as a member of the State Bar of Arizona Committee on the Rules of Professional Conduct and as Chair of the State Bar's Conflict Case Committee, whose members serve as volunteer bar counsel investigating and prosecuting disciplinary complaints on the Bar's behalf. Andy presents and publishes frequently on a wide variety of legal issues, including but not limited to trademark and unfair competition, patent, civil procedure, evidence, and legal ethics issues.
Andy serves as editor of Snell & Wilmer's IP litigation blog, SWIPLit.com.
Education
- University of Kansas School of Law (J.D., 1996)
- Order of the Coif
- Articles Editor, Kansas Law Review
- University of Kansas (M.S., Environmental Health Engineering, 1992; B.S., Civil Engineering, 1990)
Court Admissions
- Supreme Court of Arizona
- United States District Court, District of Arizona
- United States Court of Appeals, Ninth Circuit
- United States Court of Appeals, Federal Circuit
- United States Patent and Trademark Office
Professional Memberships & Activities
- Adjunct Professor, Trademark and Unfair Competition Law,
- Sandra Day O'Connor College of Law at Arizona State University
- State Bar of Arizona
- Conflict Case Committee, Chair
- Committee on the Rules of Professional Conduct
- American Bar Association
- Section of Intellectual Property Law
- Editor and Secretary, Landslide® magazine
- Business Law Section
- Business and Corporate Litigation Committee
- Center for Professional Responsibility
- Section of Intellectual Property Law
Representative Presentations & Publications
- AON Law Firm Symposium, Speaker, Chicago, IL (October 20, 2011)
- Ethics Year in Review, Speaker, Arizona Chapter, Association of Corporate Counsel, Phoenix, AZ (March 16, 2011)
- Cutting Edge Legal Ethics Issues for Transactional Lawyers in a Changing, Challenging Economy, Moderator, ABA Business Law Section Spring Meeting, Denver, CO (April 23, 2010)
- Annual Review of Developments in Business & Corporate Litigation (IP segment), Panelist, ABA Business Law Section Spring Meeting, Denver, CO (April 22, 2010)
- Civil Practice Seminar: Answering Appellate Arguments and Federal Pleading Under Iqbal and Twombly, Panelist, Federal Bar Association, William D. Browning Tucson Chapter (April 15, 2010)
- Pleading Analysis Under Iqbal: Once More Unto the Breach! Author, Arizona Attorney (December 2009)
- Explaining Broadcom v. Qualcomm: Adverse Inferences in Inducement of Infringement Cases, Author, Presented at ABA Annual Meeting, Chicago, IL (August 2, 2009)
- Recent Patent Law Developments for Business Lawyers, Program Chair and Panelist, ABA Annual Meeting, Chicago, IL (August 2, 2009)
- Cutting Edge IP Issues that Every Business Needs to Know About, Moderator, ABA Annual Meeting, Chicago, IL (July 31, 2009)
- Echoes of Echostar: Practical Issues Confronting Clients Accused of Patent Infringement After Seagate, Co-Author, ACC Focus (Arizona Chapter) (3d Q. 2009)
- Ethics and Privilege Issues in IP Representation, Speaker, Arizona Chapter, Association of Corporate Counsel, Phoenix, AZ (May 19, 2009)
- The Ethical Implications of Shareholder Derivative Suits, Speaker, Arizona Chapter, Association of Corporate Counsel, Phoenix, AZ (May 20, 2008)
- Twombly in the Patent Infringement Context: An Update (April 2008)
- "The Trickiest Problem With Functionality" Revisited: A New Datum Prompts A Thought Experiment, 63 N.Y.U. Ann. Surv. Am. L. 151 (2008)
- Of "Purposes Not Prohibited:" New Federal Rule of Evidence 408(b), 40 Creighton L. Rev. 679 (2007)
- Bell Atlantic Corporation v. Twombly - The Supreme Court Upsets A 50-Year-Old Pleading Standard . . . But Now What? (August 2007)
- A Brief Primer on Inadvertent Disclosure of Otherwise Privileged Documents, ACC Focus (Arizona Chapter) (2d Q. 2007)
- You Won't Be Back: Making Sense of Express Aiming After Schwarzenegger v. Fred Martin Motor Co., 37 Ariz. St. L.J. 625 (2005)
- IP Reps and Warranties Gone Wrong: Avoid Potholes in the Business Transaction, Panelist, ABA Business Law Section Spring Meeting, Nashville, TN (April 2005)
Professional Recognition & Awards
- Southwest Super Lawyers®, Intellectual Property Litigation (2012)
- The Best Lawyers in America®, Intellectual Property Litigation, Copyright Law (2012);
Commercial Litigation (2009-2011) - The Best Lawyers in America®, Business Edition, Intellectual Property Law (2012)
- Arizona's Finest Lawyers (2011)
Community Involvement
- Phoenix Public Library Foundation, Board of Directors
- University of Kansas School of Law Alumni Board of Governors
- Valley Leadership, Class XXV
- Genesis Program, Inc., Advisory Board, Member
- International Science and Engineering Fair 2005 Arizona,
- Board of Directors (2003-2005)
- Maricopa County Bar Association Volunteer Lawyers Program
- State Bar of Arizona Top Pro Bono Attorney (2005)
Other Professional Experience
- Black & Veatch, Consulting Engineer (1990-1993)
