David Rauch is based in Snell & Wilmer’s Phoenix office where he serves as the Chair of the firm’s Franchise Litigation Group, and Co-Chair of the firm’s Franchise and Retail Services Group. He handles complex business litigation of all kinds, with an emphasis on representing franchisors in disputes with franchisees and in other business disputes.
David has extensive experience with complex business disputes, including contract-based claims such as breach of contract, breach of the implied covenant of good faith and fair dealing, and breach of non-compete. He also has experience with business torts such as fraud, misrepresentation and intentional interference with contract. David’s past representations have included both plaintiffs and defendants, and due to counterclaims most cases have included both offensive and defensive elements.
David prides himself on his ability to solve his clients’ litigation problems. Like Theodore Roosevelt, he believes you “speak softly but carry a big stick.” You avoid trial (and drawn out, expensive litigation) by aggressively preparing to win at trial. While preparing the strongest possible case, David is always looking for an opportunity to resolve disputes on terms favorable to his client – and allow his clients to return their focus to their business. In those rare cases where trial is the only option, David relies on his trial experience and training to get the best possible result for his clients.
David also serves on the firm’s Expansion Committee and is actively looking for opportunities to expand the firm’s geographic capabilities to serve clients.
Representative Matters
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- Successfully defended major franchisor in claims brought by area developer. After defeating area developer’s application for TRO in federal district court, matter settled during arbitration hearing with claimant area developer giving territory and area developer-owned stores to franchisor and dropping all claims.
- Successfully defended medical product manufacturer against ownership claims of purported shareholder in jury trial. Client was awarded attorneys’ fees.
- Successfully defended electric car manufacturer against breach of contract claims at arbitration hearing.
- Successfully resolved claims of national shopping center operator against major franchisor. Claims involved two specific leases, but if successful the shopping center operator could have brought identical claims on at least twenty additional leases. Total exposure was in the eight-figure range. During discovery developed a counterclaim theory and subsequently negotiated a complex settlement in the six-figure range, plus obtained favorable concessions on multiple existing leases.
- Multiple successful defenses of major franchisor against franchisees’ claims at arbitration hearings, with award of fees and costs to franchisor.
- Obtained summary judgment on defamation claims in federal district court on behalf of TV station.
Education
- UCLA School of Law (J.D., 1993)
- Order of the Coif
- San Diego State University (B.S., Finance, summa cum laude, 1988)
Court Admissions
- Supreme Court of Arizona
- United States District Court, District of Arizona
- United States Court of Appeals, Ninth Circuit
Professional Memberships & Activities
- State Bar of Arizona
- Maricopa County Bar Association
- American Bar Association
- International Franchise Association (IFA), Member
- Franchise Business Network, Arizona Liaison
- Sandra Day O'Connor Inn of Court, President (2002-2003)
Representative Presentations & Publications
- Cold Stone Creamery and Its Franchisees Take Joint Action Against Negative Publicity: A Behind-the-Scenes Look, Co-Author, American Bar Association, Vol. 14, No. 4 (Fall 2011)
Professional Recognition & Awards
- The Best Lawyers in America®, Commercial Litigation, Intellectual Property Litigation, Legal Malpractice Law (Defendants) (2007-2012); Copyright Law, Patent Litigation, Trademark Law (2012)
- The Best Lawyers in America®, Business Edition, Intellectual Property Law, Legal Malpractice Law - Defendants (2012)
- Chambers USA: America's Leading Lawyers for Business®, Litigation: General Commercial (2005-2011)
Southwest Super Lawyers®, Business Litigation (2007-2012) - Super Lawyers®, Business Litigation - Business Edition (2011)
- Super Lawyers®, Business Litigation - Corporate Counsel Edition (2008-2010)
- Ranking Arizona: The Best of Arizona Attorneys, Franchise Law (2010-2011)
- Arizona's Finest Lawyers (2011)
- Top 50 Super Lawyers in Arizona, Law & Politics magazine (2007)
- Legal Eagle, Franchise Times (2006-2007, 2012)
- 40 Under 40, Arizona Business Journal (February 2005)
- Up-and-Comers: Attorneys, BizAz magazine (September 2003)
Community Involvement
- Greater Phoenix Leadership, Member
- Thunderbirds, Advisory Board Member
- Thunderbirds Charities, Board Member
- Special Olympics Arizona, Board Member
- 2010 Waste Management Phoenix Open Tournament Chairman
- Raised over $4,000,000 for valley charities
- Valley Leadership, Class XXIV
