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Richard H. Herold

Richard H. Herold

Partner| Phoenix

Richard "Rick" Herold’s practice focuses on financial services litigation, real estate litigation and complex trial work. Rick also represents clients in trade secret, intellectual property, privacy and data breach litigation.

Rick currently serves as Co-Chair of Snell & Wilmer's real estate litigation practice. He regularly assists developers, real estate brokers/agents and title companies with a broad range of matters, including disputes related to acquisitions, developments, management agreements, title issues, easements, leases, HOAs and condemnation/ eminent domain cases. He also represents brokers and agents in ethics proceedings before state regulatory agencies.

Rick’s financial services litigation and dispute resolution work includes assisting clients with commercial receiverships, trustee’s sales, post-sale deficiency litigation, condemnations proceedings, lender liability defense, collection and bankruptcy litigation and related workout and dispute resolution efforts.

Rick is also a former member of Snell & Wilmer’s Litigation Training (2012-2014) and Ethics committees (2012-2014).

Real Estate Litigation
  • Defended condemnee-utility in $100 million condemnation of water treatment and distribution facility in Buckeye, Arizona
  • Defended Phoenix area non-profit against municipal condemnation resulting in timely and unencumbered sale of mountaintop property in Paradise Valley, Arizona
  • Defended national real estate broker against $5 million claim before the American Arbitration Association
  • Litigated the value of hundreds of commercial properties in deficiency litigation
  • Defended lender in condemnation proceedings and assisted in negotiating resolution
  • Defended Arizona real estate agent in trial ethics charges before the Arizona Real Estate Board
Financial Services Litigation
  • Handled jury trials 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
  • Defended against lender liability complaints
  • Served as counsel in numerous commercial receivership applications instituted by emergency Orders to Show Cause
  • Filed motions for stay relief in bankruptcy proceedings and handled subsequent trustee’s sales
  • Filed motions for examiners and/or trustees in bankruptcy proceedings
  • Handled prosecution and negotiation of proofs of claim with related payment of all attorneys' fees
  • Served as counsel in loan workout negotiation for bank client in connection with a multiple participant $75 million loan
  • Regularly defends 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
Intellectual Property & Trade Secret Litigation
  • Defended against alleged $30 million trade secrets misappropriation claim
  • Defended $25 million lost profits claim, resolved before the start of a nine-day jury trial in Orange County, California
  • Defended numerous federal and state law claims, with related attorneys' fee awards, including trademark, trade dress, copyright, and patent litigation
  • Handled prosecution and defense of emergency requests for injunctive relief by TRO to protect trade secrets and/or enforce non-solicitation/non-compete agreements for national franchisors and others
  • Handled pre-mediation filing of a motion to dismiss Lanham Act claims
  • George Washington University School of Law (J.D., 1990)
  • Emory University (B.A., 1986)
    • Strasbourg, France (Fall, 1984)
  • American Bar Association
    • Commercial & Business Litigation Committee (2013-present)
    • Ethics Subcommittee, Co-Chair (2013-2014)
    • Trade Secrets Litigation Subcommittee, Co-Chair (2013-2014)
  • Judge Pro Tempore, Maricopa County Superior Court (2004-2007, 2014-2015)
  • State Bar of Arizona
    • Fee Arbitration Committee, Member (2005-2012), Chair (2008-2011)
    • Ethics Committee (2010-present)
  • Urban Land Institute (2013-present)
  • New Jersey Supreme Court, District XIII, Ethics Committee appointment (1996-1997)
  • "Director and Officer Risks for Cyber Security Deficiencies: How to Avoid Data Breaches and Proactively Limit or Sidestep Personal Liability," Author, Snell & Wilmer "Into the Breach Data and Privacy Protection Blog" (August 1, 2014)
  • "Federal Regulators Plan Cybersecurity Assessments for Certain Banks," Author, Snell & Wilmer Legal Alert (May 19, 2014)
  • "Litigating Privacy, Data Breach and Cybersecurity Issues in 2014: The SEC View on Disclosure Obligations," Presenter, American Bar Association Section of Litigation Annual Conference (April 2014)
  • Risk Management Presentation to Real Estate Agents and Title Agents (October 15, 2013)
  • Snell & Wilmer Real Estate Litigation Blog, Contributing Author (2013-present)
    • "Beyond Real Estate: Publicly Traded Homebuilders (and Other Public Companies) Must be Aware of Cybersecurity and Data Breach Disclosure Requirements Applicable to SEC Filings"
    • "The Risk of Intent in Your Letter of Intent"
    • "The U.S. Supreme Court's Latest Attempt to Differentiate a Fair Quid Pro Quo in the Developer's Permitting Process From an Unconstitutional Taking"
    • "Bidding on State Land Trust Leases: Even the Top Revenue-Generating Bids Must be Balanced Against Qualitative 'Best Use' Factors Designed to Protect the Land"
  • "From the Front Line - Legal Hazards and Issues of Interest to Banks and Their Directors," Presenter, Arizona Bankers Association: Directors and Leadership College (November 2012)
  • "Lender's Credit Bid is Not Evidence of a Fair Market Value," Co-Author, Snell & Wilmer Legal Alert (October 5, 2012)
  • "No Need to 'Show the Note' for a Non-Judicial Trustee's Sale," Co-Author, Snell & Wilmer Legal Alert (July 9, 2012)
  • "Objections to a Non-Judicial Trustee's Sale are Waived if Not Timely Preserved by Injunctive Relief," Co-Author, Snell & Wilmer Legal Alert (June 21, 2012)
  • "Real Property Management and Leasing in the Wake of a Trustee's Sale," Co-Presenter, MCBA Real Estate Series CLE Presentation (February 2012)
  • "Current Developments in Ethical Issues," Panelist, State Bar of Arizona's Ethics Committee-Hosted Seminar addressing Ethical Rule 4.4 and related opinions issued by the State Bar of Arizona's Ethics Committee and the American Bar Association regarding the obligations of counsel when privileged communications are inadvertently disclosed (December 14, 2011)
  • "Managing Your Practice," Presenter, 2010 State Bar of Arizona Annual Convention, Glendale, AZ (June 2010)
  • "Taming the Tumult: Law Practice Management Tips from the Trenches," Presenter, State Bar of Arizona CLE, Phoenix, AZ (September 2009)
  • "Risk Management for Litigators," Presenter, Hinshaw & Culbertson CLE Presentation, Chicago, IL (October 2008)
  • "How to Make Money Ethically: Tips for Attorneys in Fee Arbitration Hearings," Presenter, State Bar of Arizona CLE, Phoenix, AZ (August 2007)
  • "Arbitration Provisions May Inadvertently Waive Indian Tribes’ Sovereign Immunity," Author, Maricopa Lawyer (May 2002)
  • "Putting Together a Successful Mediation," Author, Maricopa Lawyer (March 2002)
  • "Cost-Effective Business Litigation in Arizona," Speaker, Lorman Education Services (October 2001)
  • "The Americans With Disabilities Act: Litigation Risks and Preventive Measures," Presenter, Somerset County Chamber of Commerce, Somerset, NJ (June 1996)
  • "Hiring, Testing, Supervising and Terminating Employees in Safety-Sensitive Positions: Legal Issues Arising Under the Department of Transportation’s Drug and Alcohol Testing Regulations, The Americans With Disabilities Act, The Family and Medical Leave Act and Related Federal and New Jersey State Law Requirements," Presenter, Somerset County Chamber of Commerce and the Governor’s Council for a Drug-Free Workplace, Somerset, NJ (April 1996)
  • The Best Lawyers in America®, Commercial Litigation (2016)
  • Southwest Super Lawyers®, Business Litigation (2014-2015), Bank Litigation (2013)
  • Ranking Arizona: The Best of Arizona Attorneys, Banking (2013)
  • Arizona’s Finest Lawyers
  • Partnership for Drug-Free Kids, Arizona Affiliate, Board of Directors (2014-present)
  • Paradise Valley, Arizona Personnel Appeals Board/Public Safety Personnel Retirement Board (2013-present)
  • Emory College Alumni, Board of Directors (2012-2015)
  • Brophy College Preparatory
    • Dad's Club (2010-present)
  • Phoenix Country Day School Dad's Club (2013-present)
  • Pro Bono Legal Service to Clients
    • Death Penalty Representation Project of the ABA (2013-present)
    • Ninth Circuit Appointee to Assist on Immigration and Asylum Matters (2012-present)
    • Volunteer Lawyers’ Program (2003-present)
  • Valley of the Sun United Way
    • Resource Management Committee (2011-2014)
    • "Destination Graduation" Mentor at Central High School (2012-2013 Academic Year)
  • St. Mary's Food Bank, Volunteer (2011-present)
  • Economic Club of Phoenix (September 2011-present)
  • Phoenix Chamber of Commerce (2011-present)
  • Junior Achievement of the Central District of Arizona, Board of Directors (2006-2008)
  • State Bar of Arizona’s "Operation Good Neighbor" Program (aiding displaced victims of Hurricane Katrina), Volunteer
  • United Way of Somerset County, New Jersey, General Counsel and Trustee (1993-1996)
  • Hinshaw & Culbertson LLP, Partner, Phoenix, Arizona
  • McCarter & English, LLP, Associate, Newark, New Jersey
  • Wilmer, Cutler & Pickering, Law Clerk, Washington, DC
  • Henderson Trout, Articled Clerk, Brisbane, Australia
  • Arizona
  • Supreme Court of Arizona
  • United States District Court, District of Arizona
  • United States Court of Appeals, Ninth Circuit