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Don Bivens

Don Bivens

Partner| Phoenix

Don Bivens is a recent chair of the 55,000-member Section of Litigation of the American Bar Association. He handles complex litigation of all types and corporate investigations. He has tried cases involving securities fraud, patent infringement, trade secrets, lender liability, environmental liability, professional negligence, officer and director liability, products liability, employment discrimination, real estate and construction matters, significant estate disputes, business torts, and class actions. Don leads internal investigations for corporations and special committees of corporate boards on a variety of issues. He also handles election law and government relations.

Education

  • University of Texas School of Law (J.D., 1977)
    • Note and Comment Editor, Texas Law Review
    • Order of the Barristers
    • First Place, Mock Trial Competition
    • Consul, Student Leadership Award
  • Yale University (B.A., English, magna cum laude, 1974)
    • Departmental Honors in English

Professional Memberships and Activities

  • Supreme Court of Arizona
    • Committee on Civil Justice Reform, Chair (2016-2018)
    • Task Force on the Delivery of Legal Services, Member and Subcommittee Chair (present)
    • Arizona Judicial Council, Member (present)
  • American Law Institute (2007-present)
  • Western States Bar Conference, Past President
  • State Bar of Arizona, Past President
  • Maricopa County Bar Association, Past President
  • Thurgood Marshall Inn of Court, Founding President
  • American Bar Association
    • Board of Governors (2007-2010)
      • Board Operations Committee, Chair (2009-2010)
      • Board Executive Committee (2009-2010)
    • House of Delegates (1999-2010, 2014-present)
      • Section of Litigation Delegate (2014-present)
      • Arizona State Delegate (1999-2007)
      • Rules and Calendar Committee (2000-2004)
        • Chair (2002-2004)
    • Litigation Section, Chair (2013-2014)
    • Standing Committee on Independence of the Judiciary (2006-2008)
    • Commission on Racial and Ethnic Diversity in the Profession (2004-2006)
    • Standing Committee on Technology, Chair (1999-2002)
    • Standing Committee on Bar Activities (1999-2000)
  • Fellows of the American Bar Foundation
    • Arizona Chair (2006-2008)
    • Life Member
  • Arizona Equal Justice Campaign, Co-Chair (2001-2006)
  • Arizona Lawyer Representatives to 9th Circuit Judicial Conference (1999-2001)
    • Chair (2000-2001)
  • City of Phoenix Public Defender Review Committee, Chair (1984-1989)

Representative Presentations and Publications

  • "Making Motions Practice More Efficient and Effective," Speaker, Institute for the Advancement of the American Legal System, Webinar (April 2019)
  • "How to Prevent Executives from Saying the Wrong Thing When Testifying," Arizona Association of Corporate Counsel (February 2019)
  • "Arizona’s New Civil Rules," Speaker, Southern Conference of Chief Justices, Little Rock, Arkansas (May 2018)
  • "The District of Arizona’s Federal Civil Rules Pilot Program," Panelist, Tucson Federal Bar Association (April 2018)
  • "Arizona’s New Civil Rules," Speaker, Arizona Supreme Court Civil Summit, Phoenix (January 2018)
  • "Arizona's New Civil Rules: What Every Lawyer Needs To Know," Author, Arizona Attorney (December 2017)
  • "Arizona’s New Civil Rules," Speaker, State Bar of Arizona, Tucson (December 2017)
  • "Advances in Civil Justice Reform," Speaker, National Association of Presiding Court Officers Meeting (September 26, 2017)
  • "Arizona’s New Civil Rules," Speaker, Western Conference of Chief Justices, Park City, Utah (May 2017)
  • "Our Members Share Their Secrets for Success," Author, American Bar Association's Litigation, Vol. 40, No. 4 (Summer 2014)
  • "Fourteen Tips to Make You a Better Litigator," Author, American Bar Association's Litigation, Vol. 40, No. 3 (Spring 2014)
  • "Watergate Inspires After 40 Years," Author, American Bar Association's Litigation, Vol. 40, No. 2 (Winter 2014)
  • "Five Traits of the Best Lawyers I Know," Author, American Bar Association's Litigation, Vol. 40, No. 1 (Fall 2013)

Professional Recognition and Awards

  • Walter E. Craig Distinguished Service Award (2017)
  • Chambers USA: America's Leading Lawyers for Business®, Litigation: General Commercial (2010-2018)
  • The Best Lawyers in America®, Bet-the-Company Litigation, Commercial Litigation (2001-2019); Banking & Finance Litigation, Intellectual Property Litigation, Securities Litigation (2012-2019)
    • Phoenix Lawyer of the Year, Banking & Finance Litigation (2015, 2017)
  • Southwest Super Lawyers®, Business Litigation (2007-2019)
    • Top 50 in Arizona (2010)
  • Benchmark Litigation, Local Litigation Star – Arizona, Intellectual Property, Antitrust, General Commercial, Professional Liability (2013, 2016-2018)
  • Who's Who Legal, Commercial Litigation (2014-2017)
  • Maricopa County Bar Association Hall of Fame (2014)
  • Lawdragon 500 Leading Lawyers in America (2010-2011)
  • Arizona's Finest Lawyers
  • Top 50 Pro Bono Attorneys in Arizona

Community Involvement

  • Episcopal Diocese of Arizona
    • Chancellor (present)
    • Church Attorney (2005-present)
  • St. Barnabas on the Desert Episcopal Church, Senior Warden (2002-2005)
  • Arizona Democratic Party, Chair (2007-2011)

Other Professional Experience

  • Bivens & Nore, P.A., Partner
  • Meyer Hendricks & Bivens, P.A., Partner

Bar Admissions

  • Arizona

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 Supreme Court