Legal Solutions for You,
Your Family & Your Business
David G. Bray
Mariscal Weeks McIntyre & Friedlander P.A.
2901 N Central Avenue
Suite 200
Phoenix, AZ 85012
Phone: (602) 285-5033 | Fax: (602) 285-5100
http://www.mwmf.com
Legal Topic
Employment & Labor Relations
Preferred New Clients
I handle matters both for both employers and employees.
Sub-Categories
Employees
- Employment Contracts
- Severance Packages
- Employment Contracts
- Older Workers Benefit Protection Act (OWBPA)
- Pregnancy Discrimination Act (PDA)
- Race Discrimination
- Racial Harassment
- Severance Packages
- Sex Discrimination
- Sexual Harassment
- Termination
- Wage & Hour Laws
- Wrongful Termination
Bar Admissions
AZ, Oct 1992
Bar Number: 14346
Other Court Admissions
Federal District of Arizona
Association Memberships
State Bar of Arizona
Continuing Education
I complete the continuing education required by the State Bar.
Papers and Publications
I am the author of "Drafting Enforceable Covenants Not to Competes," published in the February 1996 issue of the Arizona Attorney and a contributor to the Arizona Chamber of Commerce's "Arizona and Federal Employment Law; An Employer's Guide."
Example Cases
My first non-compete case was in 1994 entitled TAD Temporary Services v. Sittu. In that case, I successfully convinced the court to dissolve the temporary restraining order that had barred my employee-client from competing with his former employer and successfully recovered the bond posted by the employer to cover a significant portion of the employee's attorneys fees. I have handled scores of similar cases in the 13 years following that initial victory.
Education
Degree:
J.D.
School:
Cornell Law School
City:
Ithaca
State:
NY
Year:
1992
Focus and Accomplishments:
Cornell International Law Journal
Degree:
B.A.
School:
Indiana University
City:
Bloomington
State:
IN
Year:
1988
Honors:
Cum Laude
Focus and Accomplishments:
Political Science & History
Number of Attorneys
55
State Licensed In
Arizona
Firm Focus and History
Mariscal, Weeks, McIntyre & Friedlander, P.A., is a dynamic, full-service, civil practice law firm based in Phoenix, Arizona. Founded more than thirty years ago by two of the State's leading litigation attorneys, the firm has evolved into one of Arizona's largest firms with more than fifty lawyers and a total staff of approximately 120. While litigation remains a focus of our practice, approximately twenty lawyers are now assigned to the firm's transactional practice group. The focus of our transactional practice is on real estate development, financing, acquisition and leasing, business organization and financing, tax, estate planning and asset protection. Our diverse litigation practice continues to emphasize complex commercial and real estate litigation, including federal, state and administrative proceedings (in Arizona and elsewhere) involving securities, antitrust, bankruptcy, construction, insurance, employment, land use, municipal, eminent domain, personal injury, environmental and family law issues.
For more information, please see my law firm's website and my personal website.
Previous Employment Summary
Mariscal, Weeks, McIntyre & Friedlander, P.A. 2001-2007 (partner)
Quarles & Brady Streich Lang, LLP (1992-2001)
Activities and Awards
My wife and are actively involved in numerous charitable organizations in the Phoenix area, including the Susan G. Komen for the Cure, The Emily Center at Phoenix Children's Hospital, Phoenix Theatre, and the Willo Neighborhood Home Tour Committee.
What is your opinion regarding clients educating themselves on legal issues?
I prefer working with clients who have taken the trouble to educate themselves on the legal issues at hand.
Are you willing to review documents prepared by clients?
I have had many employer-clients that have drafted their own employment agreements and employee non-compete agreements. I am happy to review these documents and to provide my input as to how to make them most effective and most likely enforceable under Arizona law.
Are you willing to coach clients who want to represent themselves?
Generally speaking, in litigation matters, I am not willing to work behind the scenes. I can be most effective only when engaged by the client to represent him or her in a litigation matter. Also, many of my clients are small businesses. In Arizona a corporate entity cannot represent itself in a litigation matter but must be represented by a licensed attorney.
Why did you decide to be a lawyer?
I wanted to go into a professional field where I could help people and work in small, entrepreneurial environment.
What work experience and education helps you be a better lawyer?
Training at a top 10 law school, 16 plus years of practical experience almost exclusively in Arizona.
Why did you decide on your primary area of practice?
I found that employee-employer non-compete litigation is one of the few areas of litigation where you can obtain meaningful relief for a client very quickly. I enjoy the fast-moving nature of the practice. This fast pace is certainly the exception and not the rule for most litigation practices.
What do you like best about your career?
I enjoy working with entrepreneurs and learning a new business with each new non-compete case that I take.
Tell us about your law firm:
For cases that continue past the injunction hearing and actually go to a full blown jury trial, I typically work with my partner Tim Thomosan with whom I have known and worked with since 1992. Tim has 20+ years of trial experience and is listed in the Best Lawyers in America.
What are your strengths and style?
Because I have had so many non-compete cases during the last 14 years, I have insights as to individual judges' attitudes toward particular kinds of non-competes and a wealth of practical knowledge as to how to best prosecute and defend these cases which goes far beyond what you can learn from simply reading the relevant Arizona appellate caselaw.
With my clients, I am accessible and relaxed. With the court and opposing counsel, I am efficient, firm, and professional.
Personal Interests:
Travel, skiing, photography, taking time to enjoy a good bottle of wine with friends, and, most importantly, hanging out with my nine year old son.
Office Manager/Assistant
Kim Monk
Fax
(602) 285-5100
Office Hours
Monday through Friday
7:30 a.m. to 5:30 p.m.
Emergency After Hours
Yes
Foreign Languages
French
Fixed-Price Services and Fees
$250 for initial review and analysis of employee non-compete and meeting with client.
Hourly Rates
$250
Free Initial Consultation?
$250 (see above)
Typical Retainer
$5,000 or $10,000 for litigation.
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