Overview

Joe Roth is a member of the firm’s litigation group. Joe’s practice focuses on governmental investigations and litigation, complex commercial litigation, and appeals.

Joe represents governmental agencies and officials, companies, and individuals in litigation and when being investigated by federal and state agencies. He also maintains an active complex commercial litigation practice, with a focus on securities and antitrust.

Appeals are a significant part of Joe’s practice. Joe has represented clients on appeal before Arizona’s appellate courts, the Ninth Circuit, and the United States Supreme Court.

Joe also devotes a significant amount of time to pro bono service. He has represented clients seeking post-conviction relief for wrongful convictions, handled numerous appeals for indigent clients, and authored amicus briefs in cases at the Arizona Supreme Court and the United States Supreme Court.

Among other recognitions, Joe is ranked by Chambers USA and is included in Benchmark Litigation’s “40 & Under List” since 2018. 

Representative Matters

Government Representation

  • ABC Sand & Rock v. Flood Control District of Maricopa County. Lead appellate counsel in case holding that administrative agency exceeded its authority by imposing civil penalties prospectively for violations that had not yet occurred.  2021 WL 58145 (App. 2021) (argued)
  • Legacy Foundation Action Fund v. Citizens Clean Elections Commission: Represented Commission in enforcement of campaign finance disclosure requirements and obtained dismissal of appeal of the final agency decision. 408 P.3d 828 (Ariz. 2018) (argued).
  • Harris v. Arizona Independent Redistricting Commission: Prevailed against claims seeking to invalidate independent commission’s state legislative maps before the district court and the United States Supreme Court. 993 F. Supp. 2d 1042 (D. Ariz. 2014); 136 S. Ct. 1301 (2016).
  • Arizona State Legislature v. Arizona Independent Redistricting Commission: Supreme Court holds that the independent redistricting commission, created by popular initiative, does not violate the Constitution’s Elections Clause. 135 S. Ct. 2652 (2015).
  • Arizona Independent Redistricting Commission v. Brewer: Arizona Supreme Court holds that Governor’s removal of Commission’s chairperson was unconstitutional and orders her reinstatement. 275 P.3d 1267 (Ariz. 2012).
  • State ex rel. Montgomery v. Commissioner Colleen Mathis: Arizona Court of Appeals affirms injunction against Attorney General Office investigation into commissioners of Independent Redistricting Commission. 290 P.3d 1226 (Ariz. Ct. App. 2012).

Complex Commercial and Other Matters

  • Corporation of the President of the Church of Jesus Christ of Latter-day Saints v. Cardinal. Lead appellate counsel in successful special action holding that clergy-penitent privilege had not been waived.  2022 WL 17727582 (App. 2022) (argued)
  • LREP Arizona, LLC v. 597 Broadway Realty LP. Lead counsel in litigation to enforce guarantees of large commercial loan, leading to Ninth Circuit decision affirming enforcement of settlement agreement.  854 F. App’x 886 (9th Cir. 2021)
  • First Solar, Inc.: Arizona counsel for defendants in securities class action litigation and related securities matters. 
  • Aerotec International, Inc. v. Honeywell International Inc.: Court affirms summary judgment in what the court described as “an antitrust primer for aftermarket issues” including exclusive dealing, monopolization, and price discrimination claims. 836 F.3d 1171 (9th Cir. 2016)
  • Graven v. Esposito: Court affirms dismissal of fraud claims.592 Fed. Appx. 585 (9th Cir. 2015).
  • Fagerlie v. Markham Contracting: Court reverses summary judgment in case establishing guidance for enforcement of mechanic’s liens. 258 P.3d 185 (Ariz. Ct. App. 2011) (argued)
  • Co-counsel on numerous securities class action matters.
  • Representation of seller against fraud and breach of warranty claims after sale of company in Delaware superior court.

 

Significant Pro Bono Matters

  • State v. King (2012-2017): Lead counsel representing a woman serving a 40-year sentence. 
  • Trump v. Hawaii (travel ban case)(2018): Co-counsel with Walter Dellinger, George Frampton, and Thomas Frampton for amicus Japanese American Citizens League.
  • Holle v. Arizona (2017): Counsel of record on a petition for certiorari challenging constitutionality of conviction.
  • Ohio v. Clark (2015): Counsel of record for amici Arizona Attorneys for Criminal Justice, Connecticut Criminal Defense Lawyers Association, and Iowa Association of Criminal Defense Lawyers.
  • Welton v. State (2014): With the ACLU Criminal Law Reform Project, obtained judgment allowing child access to medicinal marijuana extracts for treatment of seizure disorder.

Awards

  • Best Lawyers®, Appellate Practice, Bet-the-Company Litigation, Commercial Litigation, 2020-2025
  • Benchmark Litigation: 40 & Under List, 2018-2023
  • Southwest Super Lawyers, Criminal Defense: White Collar Law, 2021-2024
  • Southwest Super Lawyers, Business Litigation, 2020
  • Southwest Super Lawyers, “Rising Star”, 2012-2018
  • Chambers USA, America’s Leading Lawyers for Business, Litigation: White-Collar Crime & Government Investigations, 2019-2024

Activities

Professional Activities

  • Ninth Circuit Lawyer Representative, 2019-Present
  • Arizona State Bar Civil Practice and Procedure Committee Member

Community Activities

  • American Jewish Committee Judge Learned Hand Awards, Co-Chair, 2013-Present
  • Social Venture Partners, Member, 2012-2015

Insights

Speaking Engagements

  • Arizona Supreme Court Review (half-day seminar for State Bar of Arizona) (2017)
  • Working with the Court of Appeals (all-day seminar for State Bar of Arizona) (co-chair) (2016)
  • Responding to Police on Campus (2017)
  • Government Information Demands (Maricopa County Bar Association) (2016)
  • Lessons from United States v. Apple, Risky Contract Terms for Non-Monopolists (Association of Corporate Counsel) (2014)
  • Conducting Effective Internal Investigations and Avoiding Liability Under the FCPA (State Bar of Arizona) (2013)
  • Legal Reasons for Effective Compliance Programs (Association of Certified Fraud Examiners) (2013)
  • The Dodd-Frank Wall Street Reform and Consumer Protection Act (half-day seminar for State Bar of Arizona) (chair) (2011)

Publications

  • 5 Steps to Follow When Responding to a Government Subpoena
    Phoenix Business Journal, November 10, 2017
  • Arizona’s Appealing New Rules: The Overhaul of the Arizona Rules of Civil Appellate Procedure
    Arizona Attorney, January 2015
  • Civil Discovery Standards Influence New Criminal Guidelines
    Pretrial Practice & Discovery, 0:4© by the American Bar Association, August 2012
  • LinkedIn: Attorneys in Arizona should exercise caution with LinkedIn, The Record Reporter, April 29, 2015
  • Civil Appellate Highlights (monthly column in Arizona Attorney) (with Eric M. Fraser)
  • Case Notes, November 2013, Section of Litigation – Criminal Litigation, American Bar Association.
  • Case Notes, November 2012, Section of Litigation – Criminal Litigation, American Bar Association.
  • Contributor to ABA Criminal Litigation News & Developments.