Previous Page Richard H. Herold Partner

Richard "Rick" Herold's areas of practice include real estate litigation/related bank litigation, intellectual property litigation and business/commercial litigation.

Rick served as a Co-Chair of Snell & Wilmer's Real Estate Litigation practice, is a member of the firm's Ethics Committee, and is a member of the firm's Litigation Training Committee.

Rick has successfully briefed, argued and tried complex commercial litigation matters nationwide since 1990 for corporate and individual clients in matters with as much as $250,000,000 in dispute. A substantial portion of his work focuses on (1) real estate litigation for developers, real estate brokers and agents, title companies, arbitration arising from purchase and sale agreements, HOA, lien and lis pendens disputes, development agreements and corporate partnership disputes, zoning disputes, condemnation and eminent domain disputes, easement, non-judicial trustee's sales, and resulting breach of contract, specific performance, quiet title, fraud, partition, forcible entry and detainer (eviction) and other claims and proceedings; (2) real-estate related litigation for banks and other lenders including commercial receiverships, trustee's sales, post-sale deficiency litigation, and related real estate litigation, pertaining to condemnation proceedings and easement disputes; and (3) intellectual property litigation, including expedited injunctive relief claims involving trademarks, trade dress, trade secret, unfair competition, copying and patent litigation.

Representative Experience

• Defense of $5,000,000 Claim. Defended national real estate broker against $5,000,000 claim which claimant abandoned 48 hours before the start of an 8-day American Arbitration Association hearing
• Defense of Condemnation Proceedings. Defended against condemnation proceedings for lender, resulting in negotiated resolution consistent with lender's appraised value
• Defense of Real Estate Agent. Defended Arizona real estate agent in evidentiary hearing on ethics charges, resulting in complete vindication by the Arizona Real Estate Board
• Opposition to Pre-Judgment Garnishment and Dismissal of Case. Opposition to pre-judgment garnishment request by engineering firm on behalf of Arizona real estate developer, leading to voluntary dismissal of entire case

Richard "Rick" Herold's areas of practice include real estate litigation/related bank litigation, intellectual property litigation and business/commercial litigation.

Rick served as a Co-Chair of Snell & Wilmer's Real Estate Litigation practice, is a member of the firm's Ethics Committee, and is a member of the firm's Litigation Training Committee.

Rick has successfully briefed, argued and tried complex commercial litigation matters nationwide since 1990 for corporate and individual clients in matters with as much as $250,000,000 in dispute. A substantial portion of his work focuses on (1) real estate litigation for developers, real estate brokers and agents, title companies, arbitration arising from purchase and sale agreements, HOA, lien and lis pendens disputes, development agreements and corporate partnership disputes, zoning disputes, condemnation and eminent domain disputes, easement, non-judicial trustee's sales, and resulting breach of contract, specific performance, quiet title, fraud, partition, forcible entry and detainer (eviction) and other claims and proceedings; (2) real-estate related litigation for banks and other lenders including commercial receiverships, trustee's sales, post-sale deficiency litigation, and related real estate litigation, pertaining to condemnation proceedings and easement disputes; and (3) intellectual property litigation, including expedited injunctive relief claims involving trademarks, trade dress, trade secret, unfair competition, copying and patent litigation.

Representative Experience

• Jury verdicts and/or summary judgment motions for bank clients and related rejection of defenses and/or counterclaims based on state or federal law, with related attorneys' fee awards
• Motions to dismiss frivolous lender liability complaints, with related attorneys' fee awards
• Numerous commercial receivership applications instituted by emergency Orders to Show Cause
• Motions for stay relief in bankruptcy proceedings and resulting trustee’s sales
• Motions for examiners and/or trustees in bankruptcy proceedings
• Prosecution and negotiation of proofs of claim with related payment of all attorneys' fees
• Loan workout negotiation for bank client in connection with multiple participant $75,000,000 loan
• Defense  of banks and other financial institutions against lender liability claims based on state and federal law, including the Truth-in-Lending Act, Real Estate Settlement Procedures Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Home Owner Equity Protection Act, and Electronic Funds Transfer Act

Richard "Rick" Herold's areas of practice include real estate litigation/related bank litigation, intellectual property litigation and business/commercial litigation.

Rick served as a Co-Chair of Snell & Wilmer's Real Estate Litigation practice, is a member of the firm's Ethics Committee, and is a member of the firm's Litigation Training Committee.

Rick has successfully briefed, argued and tried complex commercial litigation matters nationwide since 1990 for corporate and individual clients in matters with as much as $250,000,000 in dispute. A substantial portion of his work focuses on (1) real estate litigation for developers, real estate brokers and agents, title companies, arbitration arising from purchase and sale agreements, HOA, lien and lis pendens disputes, development agreements and corporate partnership disputes, zoning disputes, condemnation and eminent domain disputes, easement, non-judicial trustee's sales, and resulting breach of contract, specific performance, quiet title, fraud, partition, forcible entry and detainer (eviction) and other claims and proceedings; (2) real-estate related litigation for banks and other lenders including commercial receiverships, trustee's sales, post-sale deficiency litigation, and related real estate litigation, pertaining to condemnation proceedings and easement disputes; and (3) intellectual property litigation, including expedited injunctive relief claims involving trademarks, trade dress, trade secret, unfair competition, copying and patent litigation.

Representative Experience

• Motions to dismiss or for summary judgment as to federal and state law claims which were pled or established defectively and/or frivolously, with related attorneys' fee awards, including trademark, trade dress, copyright, and patent litigation
• Prosecution of emergency requests for injunctive relief by TRO to protect trade secrets and/or enforce non-solicitation argument for national franchisors and others
• Pre-mediation filing of a motion to dismiss Lanham Act claims leading to de minimis settlement by a financial institution at a small fraction of anticipated defense costs

Richard "Rick" Herold's areas of practice include real estate litigation/related bank litigation, intellectual property litigation and business/commercial litigation.

Rick served as a Co-Chair of Snell & Wilmer's Real Estate Litigation practice, is a member of the firm's Ethics Committee, and is a member of the firm's Litigation Training Committee.

Rick has successfully briefed, argued and tried complex commercial litigation matters nationwide since 1990 for corporate and individual clients in matters with as much as $250,000,000 in dispute. A substantial portion of his work focuses on (1) real estate litigation for developers, real estate brokers and agents, title companies, arbitration arising from purchase and sale agreements, HOA, lien and lis pendens disputes, development agreements and corporate partnership disputes, zoning disputes, condemnation and eminent domain disputes, easement, non-judicial trustee's sales, and resulting breach of contract, specific performance, quiet title, fraud, partition, forcible entry and detainer (eviction) and other claims and proceedings; (2) real-estate related litigation for banks and other lenders including commercial receiverships, trustee's sales, post-sale deficiency litigation, and related real estate litigation, pertaining to condemnation proceedings and easement disputes; and (3) intellectual property litigation, including expedited injunctive relief claims involving trademarks, trade dress, trade secret, unfair competition, copying and patent litigation.

Representative Experience

Other Complex Commercial Litigation

• Defense of $25,000,000 Lost Profits Claim. Defense of $25,000,000 lost profits claim filed in Orange County, California, resulting in a $15,000 settlement payment and abandonment of case one day before the start of a nine-day jury trial
• Dismissal of Successor Liability Claim. Defense of a national lender-franchisor against allegations of successor liability, resulting in dismissal of the complaint and payment of all attorneys' fees and costs
• Full Recovery Involving Fraud in Sale of Business. Pre-judgment garnishment in case involving business seller's misrepresentation of corporate liabilities, resulting in a full recovery and payment of all fees and costs
• Insurer Summary Judgment Result Based on Statute of Limitations. Summary judgment motion for national insurer based on the applicable New York statute of limitations resulting in dismissal of case
• Legal Malpractice Defense. Defended multiple out-of-state lawyers sued for $3,000,000 in Arizona, resolving case for de minimis settlement sum at a small fraction of the anticipated defense costs
• Motions to dismiss claims under the Computer Fraud and Abuse Act, the Digital Millennium Copyright Act, and the Electronic Communications Privacy Act
• Resolution of discovery disputes to preserve privacy and ensure data protection, including resolutions avoiding production of sensitive records, allowing production only pursuant to tailored protective orders and/or imposing the cost of production upon the party requesting access

Other Cases

• Rick has litigated disputes between business owners, prosecuted a wide range of contract and real estate litigation matters, defended directors and officers, prosecuted for and defended against claims for employers in various courts and before the EEOC, and been involved in securities litigation matters with up to $250,000,000 at stake