Don Gaffney is the firm’s practice group leader in bankruptcy, reorganization and workout law. He also has significant experience in privacy law, electronic communications and commercial litigation.
Representative Matters
- Lead attorney for Bank Group in Fulton Homes Corporation Chapter 11 (2010-present)
- Lead attorney for Bank Group/Litigation Committee in Woodside Homes, Inc. Chapter 11 (2007-2010); obtained $110 million injunction at trial relating to turnover of tax refunds
- Lead attorney for Bank with $50 million facility in Meruelo Maddux public company Chapter 11 (2009-present)
- Co-counsel for secured lender in Phoenix Coyotes Chapter 11 (2009)
- Lead attorney for involuntary bankruptcy petitioners in Mortgages Ltd. fraud (2008-2009)
- Appointed first federal Consumer Privacy Ombudsman in case involving internet companies operating official Amber Alert Systems (June 2006)
- Representation of syndicated lenders group in Capital Pacific Homes multi-state receivership (2008-present)
- Attorney for Komatsu, largest equipment supplier in ASARCO Chapter 11 (2005-2007)
- Lead debtor’s attorney for $6.2 billion revenue Microage, Inc., bankruptcies (2000-2004)
- Lead debtor’s attorney for NationsWay Transport Service, Inc., the largest LTL trucking company in the United States, owned by Jerry McMorris, principal of the Colorado Rockies (1999-2003)
- Co-counsel for creditors committee in Boston Chicken bankruptcy, representing $1.1 billion in debt (1998-2000)
- Lead attorney for the Arab Monetary Fund in international fraud and insolvency cases (1994-present)
- Appointed to Governor’s Commission on restructuring of the $4 billion Central Arizona Project (water)
- Lead attorney for a consortium of seven utilities in the $2 billion Chapter 11 of El Paso Electric (1992-1995)
- Lead attorney for Ford Motor Credit Company in $2.1 billion workout and involuntary petition of Tucson Electric Power (1991-1992)
- Lead attorney for Boeing and de Havilland in $2 billion bankruptcy with America West Airlines (1991-1993)
- Principal bankruptcy attorney for Pinnacle West (holding corporation for Arizona Public Service) in its $1.2 billion out-of-court reorganization (1989-1990)
- Lead attorney for unsecured creditors committee in In re American Continental Corporation (holding corporation for Charles Keating’s Lincoln Savings and Loan) Chapter 11 proceedings (1989-1991)
- Lead attorney in organizing bank executive claimants in In re MCORP (holding corporation for Mbank Systems) Chapter 11 Creditors’ Committee (1989)
- Lead attorney for First Interstate Bank of Arizona in In re Bentwoods Farms (Western District of Texas), the largest Arabian horse farm Chapter 11, resulting in First Interstate’s successful foreclosure and dismissal of a $35 million lender liability suit (1987-1988)
- Lead attorney for debtor-in-possession in In re Texscan, one of the largest successful public company Chapter 11 reorganizations in the District of Arizona (1985-1987)
Education
- University of Texas (J.D., with honors, 1978)
- Editor, Texas Law Review
- Austin College (B.A., 1974)
- Austin Scholar
Court Admissions
- Supreme Court of Arizona
- United States Supreme Court
- United States Court of Appeals, Seventh Circuit
- United States Court of Appeals, Ninth Circuit
- United States Court of Appeals, Tenth Circuit
Professional Memberships & Activities
- Ninth Judicial Circuit Historical Society, Board of Directors (2011-2013)
- Federal Bar Association, Board Member, Phoenix Chapter
- Ninth Circuit Lawyer Representative (2005-2008)
- State Bar of Arizona
- Twice Chair of the Bankruptcy Section
- University of Texas Law School
- Executive Council of Alumni Association
- American Bar Association
- Committee on Uniform Commercial Code (1980-present)
- Commercial Law League
- Member: Speaker Panel throughout United States
- Arizona State University College of Law, Former Adjunct Professor
- Practicing Law Institute, Speaker
- Arizona Bankers Association, Speaker
- American Loan Institute/American Bar Association
- Professional Educational Systems, Inc., Speaker
- American Bankruptcy Institute, Speaker
- Keeton Fellow, University of Texas Law School
Representative Presentations & Publications
- Impact of Confidentiality Rules in Bankruptcy Proceedings, Teleconference Chair, Lorman Education Services (October 13, 2009)
- Third Party Releases, American Bankruptcy Institute Spring Meeting, Washington, DC (April 2009)
- On the Passing of Law Firm Libraries, Arizona Bar Journal (August 2007)
- Privacy Law Compliance in a Global Business Environment, Meeting the Legal Requirements for Cross-Border Exchange of Data, Strafford CLE Teleconferences (March 2007)
Professional Recognition & Awards
- The Best Lawyers in America®, Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law (1995-2012); Bankruptcy Litigation (2012)
- Southwest Super Lawyers®, Bankruptcy (2007-2012)
- Top 25 in Arizona (2012)
- Top 50 in Arizona (2009-2011)
- Super Lawyers®, Bankruptcy - Business Edition (2011)
- Super Lawyers®, Bankruptcy - Corporate Counsel Edition (2009-2010)
- Lawdragon Top 3000 Leading Lawyers in America (2010-2011)
- Ranking Arizona: The Best of Arizona Attorneys, Bankruptcy (2010-2011)
- Arizona's Top Lawyers, AzBusiness Magazine (2010)
- Arizona's Finest Lawyers (2011)
- Who's Who in American Law (1992-present)
- Who's Who in America® (2006)
