Robert Shely is a partner and trial lawyer at the firm, where he has practiced since 1985.  He started in the firm’s office in Washington, D.C. and moved to the Phoenix office in 1991.  Mr. Shely has considerable trial experience in state, federal and bankruptcy courts, as well as in numerous arbitration settings, representing primarily corporate and business clients, including lenders and financial institutions, manufacturers, technology companies, developers, title companies and others in all manner of business, contractual and competitive disputes.  Mr. Shely has trial and litigation experience with cases involving allegations of financial fraud, accounting disputes and fraudulent transfer matters, and in representing government contractors in connection with grand jury subpoenas alleging fraud, accounting malfeasance and other alleged corporate misconduct under the False Claims Act.  Mr. Shely has trial experience arising in connection with allegations of fraudulent transfers, both under state law and the Bankruptcy Code, and has experience in tracking assets, accounts and transfers, assessing solvency issues, and advising clients, transactional lawyers and accountants about potential fraudulent transfer implications arising in ordinary business and corporate transactions.  Mr. Shely also has experience defending professionals who have been alleged to have aided and abetted allegedly improper fraudulent transfers.  He regularly works with forensic accountants and appraisers to track and value asset for litigation or business purposes.  Mr. Shely has experience advising financial institutions about issues and claims concerning federal regulation of the industry, including RESPA, TILA and HOEPA, FCRA, state consumer protection statutes and common law predatory lending claims in federal and state courts.  Such claims and issues have concerned alleged predatory lending practices targeting low-income and minority borrowers, “bait and switch” loan product tactics, fraudulent appraisal and other loan settlement services, inadequate loan origination disclosures, and improper loan servicing fees, wrongful foreclosures and a variety of other alleged torts or statutory violations.  Mr. Shely also advises corporate clients as an outside general counsel, providing business and risk advice from the standpoint of a trial lawyer who understands the impact that pre-dispute corporate decisions, contracts and transactions have in a post-dispute context.  Finally, Mr. Shely is an experienced products liability lawyer, with particular experience in aviation (general, commercial and military), passenger tire and restraint systems technology.

Bar and Court Admissions

Arizona, 1992

District of Columbia, 1986

Maryland, 1985

United States Courts of Appeals for the Fourth, Sixth and District of Columbia Circuits

United States District Courts for the District of Arizona, District of Columbia and District of Maryland

Education

The George Washington University, J.D., with honors, 1985

Franklin and Marshall College, A.B., with honors, 1982

Speeches and Seminars

• 2009 District of Arizona Annual Conference: Bankruptcy Breakout Session:  “Whose Note is it Anyway?”  March 6, 2009 (Speaker)
• State Bar of Arizona, Continuing Legal Education: “Top Ten Practical Tips for Practicing Lawyers” October 24, 2008 (Moderator and Speaker)

Professional Affiliations

• State Bar of Arizona – Committee on Professional Responsibility and Ethics, 1993-1999; Peer Review Committee; Member Assistance Committee

Civic Involvement and Honors

• Southwest Super Lawyers, 2009
• Super Lawyers Corporate Counsel Edition 2008-2009
• AB Top Lawyers – Commercial Litigation, Arizona Business Magazine, 2009-2010