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Robert A. Henry

Robert A. Henry

Partner| Phoenix


Boby Henry is an experienced Trial Lawyer who represents regional and national corporations, Arizona-based business and individuals. His practice is concentrated in commercial litigation and general legal counsel in business matters arising out of a wide array of commercial relationships and disputes in various industries. While his general practice is commercial litigation, he has significant experience in disputes arising out of real estate development projects, transactions, and professional relationships. He appears in both state and federal trial courts and in various alternative dispute resolution forums and has tried numerous matters to verdict or award including through multi-week jury trials and arbitrations. 

Bob serves as co-chair of Snell & Wilmer's Real Estate Litigation and Eminent Domain/Condemnation practice groups and has been a member of Snell & Wilmer’s Commercial Litigation Practice Group since 1995.

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  • Lead trial counsel in Keg Restaurants, Inc. v. Jones, 375 P.3d 1173 (App.2016)
  • Co-counsel in Arizona v. Unites States, 567 U.S. 387 (2012) and related proceedings
  • Lead trial counsel in the defense and prosecution of claims and counterclaims in several private arbitrations involving disputes between former owners and managers of businesses
  • Lead counsel in numerous proceedings involving the prosecution and defense of claims for breach of contract, good faith and fair dealing, negligent misrepresentation, fraud, consumer fraud, fiduciary duty, agency, receiverships, restrictive covenants, injunctive relieft, and related claims
  • Experience in the franchise, distributor, manufacturing, retail, wireless, medical marijuana, transportation, financial services, and payment processing industries
  • Experience and background in all aspects of real estate development projects and disputes arising out of the ownership, use, and sale of real estate

Bob Henry is an experienced trial lawyer. He represents regional and national corporations, Arizona-based businesses, and individuals. His practice is concentrated in commercial litigation and general legal counsel in business matters arising out of a wide array of commerical relationships and disputes in various industries. While his general practice is commercial litigation, he has significant experience litigating disputes arising out of real estate development projects, transactions, and professional relationships.   He appears in both state and federal trial courts and in various alternative dispute resolution forums and has tried numerous matters to verdict or award including through multi-week jury trials and arbitrations. 

Bob serves as co-chair of Snell & Wilmer's Real Estate Litigation and Eminent Domain/Condemnation practice group. He has been an adjunct professor for Real Estate Litigation at the Sandra Day O’Connor College of Law at Arizona State University and a guest lecturer real estate litigation and alternative dispute resolutions issues for the Masters in Real Estate Development Program at the W.P. Carey School of Business at Arizona State University.

Bob’s real estate litigation experience includes representing individuals and businesses in disputes and controversies arising out of all aspects of real estate use and ownership, including purchase and sale agreements, option contracts, lease transactions, general landlord/tenant disputes, evictions, lockouts, common area maintenance (CAM) disputes, co-tenancy exclusive use disputes, development agreements, association agreements, tenancy-in-common (TIC) agreements, real estate financing agreements, property management, receiverships, partition, condemnation/eminent domain, liens, foreclosure/trustee's sales, boundary matters, adverse possession, prescriptive easements, rights of way by necessity, lis pendens, 1031 exchanges, easement disputes, escrow/title agreements, title insurance, broker/agent matters, and regulatory (ADRE) issues.   

Bob also has access to and works closely with attorneys at the firm with substantive experience in other areas of law that frequently arise out of real estate litigation disputes, including attorneys with experience documenting real estate transactions (including transactional documents arising out of settlements of disputes), commercial finance, environmental and natural resource issues, water rights, zoning and entitlement issues, construction, and tax issues. 

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  • Lead trial counsel in Keg Restaurants, Inc. v. Jones, 375 P.3d 1173 (App.2016)
  • Co-counsel in Arizona v. Unites States, 567 U.S. 387 (2012) and related proceedings
  • Lead trial counsel in the defense and prosecution of claims and counterclaims in several private arbitrations involving disputes between former owners and managers of businesses
  • Lead counsel in numerous proceedings involving the prosecution and defense of claims for breach of contract, good faith and fair dealing, negligent misrepresentation, fraud, consumer fraud, fiduciary duty, agency, receiverships, restrictive covenants, injunctive relieft, and related claims
  • Experience in the franchise, distributor, manufacturing, retail, wireless, medical marijuana, transportation, financial services, and payment processing industries
  • Experience and background in all aspects of real estate development projects and disputes arising out of the ownership, use, and sale of real estate
  • University of Michigan School of Law (J.D., magna cum laude, 1993)
    • Associate Editor, Michigan Law Review (1992-1993)
  • University of Michigan (B.A., English, with honors, 1990)
  • Sandra Day O'Connor College of Law at Arizona State University
    • Adjunct Professor, Real Estate Litigation (2014)
    • Adjunct Professor, Claims Against Governmental Entities (2013)
  • Judge Pro Tempore, Superior Court, Maricopa County, Arizona (2007-2009)
  • American Bar Association
  • “Professional Responsibility,” Guest Lecturer, Sandra Day O’Connor College of Law at Arizona State University (2017)
  • "Real Estate Litigation/Alternative Dispute Resolution Issues," Speaker/Guest Lecturer, Arizona State University - Masters in Real Estate Development Program (2012-2018)
  • Blog co-founder and contributor, Snell & Wilmer Real Estate Litigation blog (2013-current) 
  • "Emerging Trends in Claims Arising from Business and Real Estate Appraisals," Presenter, Snell & Wilmer CLE Presentation (Summer 2014)
  • "Real Property Management and Leasing in the Wake of the Trustee's Sale," Speaker, Maricopa County Bar Association (February 2012)
  • "Foreclosure Issues in Commercial Lease Relationships, Speaker," Maricopa County Bar Association (February 2011)
  • "Landlord-Tenant Disputes (Commercial & Residential)," Speaker, Maricopa County Bar Association (February 2010)
  • The Best Lawyers in America®, Real Estate Litigation (2012-2019)
  • Southwest Super Lawyers®, Business/Corporate (2012); Civil Litigation Defense (2013-2015, 2017-2018)
  • Arizona Chamber of Commerce and Industry
    • Board of Directors (2008-present)
    • Executive Committee for the Board of Directors (2014-present)
    • Real Estate and Community Development Subcommittee, Chair (2014-present)
  • CEFPI Foundation & Charitable Trusts, Board of Trustees (2006-2009)
  • Junior Achievement, Volunteer Instructo (2004-2008)
  • Valley Leadership, Class XXII (2000)
  • Arizona Supreme Court, Judicial Clerk to Vice Chief Justice James Moeller (1993-1994)
  • Arizona
  • Supreme Court of Arizona
  • United States Supreme Court
  • United States District Court, District of Arizona
  • United States Court of Appeals, Ninth Circuit