Our People

Steven A. Hirsch

Partner

, Bryan Cave LLP
Phoenix

Tel

1 602 364 7319

Fax

1 602 716 8319
sahirsch@bryancave.com
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Steven A. Hirsch

Partner


Phoenix



One Renaissance Square
Two North Central Ave., Suite 2200
Phoenix, Arizona 85004-4406

Phone:

1 602 364 7319

Fax:

1 602 716 8319

email:

sahirsch@bryancave.com

Steven Hirsch’s litigation practice concentrates on general business, utility and commercial litigation.  Mr. Hirsch has handled several jury trials concerning eminent domain, contract and lease disputes, valuation of real estate, land use regulation and other government takings of undeveloped and improved land, income producing properties, utility property and certificated areas and water rights. He has experience in recovering federal and state relocation benefits as well.  Mr. Hirsch also has brought actions against governmental agencies arising out of zoning, permitting and similar land use disputes.  He represents developers and utilities in public utility commission matters, including rate proceedings, cases involving issuance and modifications of certificates of convenience and necessity to serve and transmission line siting hearings.

Mr. Hirsch has substantial experience in construction law matters, including the resolution of mechanic’s and materialmen’s lien disputes, public and private contract disputes, alternative dispute resolution mechanisms in construction contracts and negotiating the terms of owners’, general contractors’, subcontractors’ and suppliers’ agreements and purchase orders. He has also represented lenders in a variety of litigation matters, including defending various tort claims, prosecuting judicial mortgage foreclosures, lien foreclosures, deficiency actions and receiverships.  Mr. Hirsch’s practice includes appeals in the Ninth Circuit Court of Appeals and in the Arizona Supreme Court and Court of Appeals, Divisions One and Two.  He is certified as a real estate specialist by the State Bar of Arizona and has served as a judge pro tem of the Arizona Court of Appeals.

Mr. Hirsch has served as President of the Arizona Bar Foundation, the State Bar of Arizona's charitable arm, and was a founder and president of the Arizona Justice Institute, now known as the Morris Institute for Justice, a non-profit organization devoted to providing legal services and public policy initiatives regarding issues affecting the underprivileged. He is current President of the Wildlife for Tomorrow Foundation, the charitable arm of the Arizona Game and Fish Department and is past chair of the Construction Law Section of the State Bar of Arizona. He served as Co-Chair of Arizona's Multi-jurisdictional Task Force, which studied and helped implement changes to the State's Ethics Rules allowing better service to clients in other states' courts. He is a former President of the University of Arizona Law College Association. Mr. Hirsch has served on a wide variety of other boards and committees of the Maricopa County Bar Association, State Bar of Arizona and American Bar Association. He is a fellow of the American Bar Foundation and has served as a judge pro tempore of the Arizona Court of Appeals. He has been selected Member of the Year both by the State Bar of Arizona (2003) and Maricopa County Bar Association (1989), and as Distinguished Alumnus of the University of Arizona, James E. Rogers College of Law (2000).

Professional Affiliations

  • Arizona Bar Foundation/State Bar of Arizona:  President, Arizona Bar Foundation, 1995; Director, Arizona Bar Foundation, 1989 – 1997; President, Construction Law Section, State Bar of Arizona, 2003 – 2004; Director, Construction Law Section, State Bar of Arizona, 2000 – 2005; Member, Bar Convention Committee, 1998 – 2003; Co-Chair, Multi-Jurisdictional Practice Task Force, 2001 – 2004; Charter Member, Quality of Life Committee, 1993 – 1998; Member, State Bar of Arizona, Young Lawyers Executive Council, 1987 – 1988; Certified Real Estate Specialist, State Bar Board of Legal Specialization, 1995 - present; Board of Governors, 2014
  • American Bar Association:  Fellows of the American Bar Foundation, 2002 – present; Member, National Conference of Bar Foundations (Program Committee, 1994-95), 1993 – 1996; District 23 Representative, YLD Executive Council, 1990 – 1992; Liaison Member, ABA Standing Committee on Professionalism, 1992 – 1993; Chair, Scottsdale AOP Host Committee, 1990 – 1991; Member, Affiliate Outreach Project Team, National Conferences Committee, 1988 – 1990; Co Chair, Western Regional Caucus, 1988 - 1989
  • American Bar Association:  Assembly delegate and participant, ABA YLD Annual and Mid Year Meetings: New Orleans, February, 1987; San Francisco, August, 1987; Philadelphia, February, 1988; Toronto, August, 1988; Denver, February, 1989; Honolulu, August, 1989; Los Angeles, February, 1990; Chicago, August, 1990; Seattle, February, 1991; Atlanta, August, 1991; Dallas, January, 1992; San Francisco, August, 1992; Boston, February, 1993; New York, August, 1993; (NCBF and NAIP Representative): Kansas City, 1994; New Orleans, 1994; Miami, 1995; Chicago, 1995.
  • American Bar Association:  Participant, Affiliate Outreach Project Conferences: Beverly Hills, May, 1987; Kansas City, October, 1987; Hilton Head, May, 1988; Dallas, October, 1988; Memphis, April, 1987; Miami, May 1990; Boston, October, 1990; Scottsdale, May, 1991; Richmond, October, 1991; Marco Island, Florida, May, 1992.
  • Maricopa County Bar Association:  Co-Chair, Centennial Celebration Committee, 2013 – present; Member, Mills Member of the Year Award Committee, 2011 – present; Member, Professional Development Committee, 1998 – 2001; MCBA Barristers Ball Committee, 1991 - 1994 (Chair, 1993 Silent Auction); Chairman, MCBA Second Annual Convention, 1989 – 1990; Chairman, MCBA First Annual Convention, 1988 – 1989; President, MCBA   Young Lawyers Division, September, 1987   September 1988; Member, MCBA   Young Lawyers Division Board of Directors, 1983 – 1989; Member, MCBA Board of Directors, 1987 – 1988
  • University of Arizona Law College Association:  President, 1999 – 2000; Member, Board of Directors, 1994 – present
  • Morris Institute For Justice:  Founder; President, 1998-2000; Director, 1996-2002

Civic Involvement and Honors

  • AB Top Lawyers – Arizona Business Magazine, Construction & Real Estate, 2008-2009 and Commercial Litigation, 2008-2011
  • Arizona Court of Appeals – Judge Pro Tempore, 1994-2002
  • AV Preeminent and 2013 Top Rated Lawyer in Commercial Litigation and Energy, Environmental, and Natural Resource Law in the Martindale Hubbell peer review system

  • Boy Scouts of America – Scoutmaster, Troop 401, Church of the Beatitudes, 2001-2003; Unit Committee, 1996-present; Silver Beaver Award, 2007; Camelback District Award of Merit, 2005
  • Chambers and Partners USA, 2007-present
  • Maricopa County Bar Association – Member of the Year, 1989
  • Southwest Super Lawyers, 2007-2014
  • State Bar of Arizona - Co-Recipient, Member of the Year Award, 2003
  • State Bar of Arizona - Arizona Outstanding Young Lawyer Award, 1987
  • The Best Lawyers in America, Eminent Domain and Condemnation Law, 2008-2014
  • University of Arizona Law College Association – Recipient, Sidney S. Woods Alumni Service Award, 2003
  • University of Arizona Law College Association – Recipient, Distinguished Alumnus Award, 2000
  • Wildlife For Tomorrow Foundation – President, 2004-present; Director, 2000-present

Steven Hirsch’s litigation practice concentrates on general business, utility and commercial litigation.  Mr. Hirsch has handled several jury trials concerning eminent domain, contract and lease disputes, valuation of real estate, land use regulation and other government takings of undeveloped and improved land, income producing properties, utility property and certificated areas and water rights. He has experience in recovering federal and state relocation benefits as well.  Mr. Hirsch also has brought actions against governmental agencies arising out of zoning, permitting and similar land use disputes.  He represents developers and utilities in public utility commission matters, including rate proceedings, cases involving issuance and modifications of certificates of convenience and necessity to serve and transmission line siting hearings.

Mr. Hirsch has substantial experience in construction law matters, including the resolution of mechanic’s and materialmen’s lien disputes, public and private contract disputes, alternative dispute resolution mechanisms in construction contracts and negotiating the terms of owners’, general contractors’, subcontractors’ and suppliers’ agreements and purchase orders. He has also represented lenders in a variety of litigation matters, including defending various tort claims, prosecuting judicial mortgage foreclosures, lien foreclosures, deficiency actions and receiverships.  Mr. Hirsch’s practice includes appeals in the Ninth Circuit Court of Appeals and in the Arizona Supreme Court and Court of Appeals, Divisions One and Two.  He is certified as a real estate specialist by the State Bar of Arizona and has served as a judge pro tem of the Arizona Court of Appeals.

Mr. Hirsch has served as President of the Arizona Bar Foundation, the State Bar of Arizona's charitable arm, and was a founder and president of the Arizona Justice Institute, now known as the Morris Institute for Justice, a non-profit organization devoted to providing legal services and public policy initiatives regarding issues affecting the underprivileged. He is current President of the Wildlife for Tomorrow Foundation, the charitable arm of the Arizona Game and Fish Department and is past chair of the Construction Law Section of the State Bar of Arizona. He served as Co-Chair of Arizona's Multi-jurisdictional Task Force, which studied and helped implement changes to the State's Ethics Rules allowing better service to clients in other states' courts. He is a former President of the University of Arizona Law College Association. Mr. Hirsch has served on a wide variety of other boards and committees of the Maricopa County Bar Association, State Bar of Arizona and American Bar Association. He is a fellow of the American Bar Foundation and has served as a judge pro tempore of the Arizona Court of Appeals. He has been selected Member of the Year both by the State Bar of Arizona (2003) and Maricopa County Bar Association (1989), and as Distinguished Alumnus of the University of Arizona, James E. Rogers College of Law (2000).

Select Representations

  • Representing the property owners, obtained a $4.9 million jury verdict against the City of Phoenix (against a City opinion of value of $2.585 million) in a condemnation of a downtown commercial parcel for a Civic Park project
  • Through a jury trial and settlement on the eve of trial, recovered $4.945 million in damages against the Arizona Department of Transportation, its engineer, and the City of Scottsdale for drainage damages to development parcels arising out of the construction of the Loop 101 freeway in north Scottsdale
  • Successfully defeated an attempt by a private natural gas pipeline company to obtain immediate possession of developers’ property in western Maricopa County under the Natural Gas Act in a proceeding in United States District Court; result affirmed by Ninth Circuit Court of Appeals
  • Obtained a $4.6 million jury verdict against the Arizona Department of Transportation for a freeway taking following a successful appeal and reversal of an earlier adverse judgment by the Arizona Court of Appeals on grounds that inadmissible tax appeal evidence was used to determine fair market value in a condemnation setting
  • Successfully defeated a referendum challenge seeking to halt a residential development by public vote before the trial court, Arizona Court of Appeals and Arizona Supreme Court
  • Organized and oversaw a nationwide audit of roof structural support systems for a major retailer, coordinating retention of consultants and inspectors, inspection of repairs and corrective work and recovery of damages through use of a secured intranet portal for exchange of information
  • Obtained a $4.711 million jury verdict against a major utility for condemnation damages arising from the installation of a 500 kv transmission line across commercial property, against a utility offer of $270,555
  • Successfully reinstated a trial verdict dismissing a zoning challenge on notice and other procedural grounds before the Arizona Supreme Court
  • Obtained $1.246 million jury verdict against State of Arizona – 100 percent of amount sought – by successfully enforcing “most favored nations” clause in commercial lease of airport property, and secured specific performance of reduced rents for remaining 15 years of client’s lease

Bar and Court Admissions

Arizona, 1980

United States Court of Appeals for the Ninth Circuit

United States District Court for the District of Arizona

Education

The University of Arizona, J.D., with high distinction, 1980

The University of Arizona, B.A., with distinction, 1977

Publications

  • "The Effect of the Economic Downturn on the Condemnation Practitioner: Dealing with Bankruptcy, Receiverships and Creditor Remedies", American Law Institute Eminent Domain and Land Valuation Seminar, 2013
  • "Wildlife for Tomorrow: A Non-Profit with a Parallel Yet Unique Mission", Arizona Wildlife News, Spring 2013
  • "Condemnation 101: What Every Real Estate Practitioner Should Know", Real Estate Law Journal, Summer, 2009
  • "Kelo's Ever-Present Threat: A Call To Action For Legislative Relief", Arizona Attorney Magazine, November 2006

Speeches and Seminars

  • Co-Chair and Panelist, Condemnation Summit XIV, Arizona Biltmore, May 9, 2014
  • Co-Chair and Panelist, Condemnation Summit XIII, Ritz Carlton-Phoenix, October 11, 2013
  • Co-Chair and Panelist, Condemnation Summit XII, Arizona Biltmore, May 3, 2013
  • Co-Chair and Panelist, Condemnation Summit XI, Ritz Carlton-Phoenix, October 19, 2012
  • Co-Chair and Panelist, Condemnation Summit X, Arizona Biltmore, May 4, 2012
  • Co-Chair and Panelist, Condemnation Summit IX, Arizona Biltmore, October 21, 2011
  • Co-Chair and Panelist, Condemnation Summit VIII, Arizona Biltmore, May 20, 2011
  • "Condemnation Law For Real Estate Practitioners", State Bar of Arizona Real Estate Section Meeting, January 20, 2011
  • Co-Chair and Panelist, Condemnation Summit VII, Arizona Biltmore, October 15, 2010
  • Panel Chair, "Your Life In the Law:  A Primer For New Lawyers", Maricopa County Bar Association, March 25, 2010
  • "Federal Pipeline Projects and FERC Procedures--Lessons Learned," Eminent Domain and Land Valuation Litigation Conference, ALI/ABA, February 2, 2010
  • Co-Chair and Panelist, Ninth Annual Eminent Domain in Arizona Conference, CLE International, April 30-May 1, 2009
  • Co-Chair and Panelist, Eighth Annual Eminent Domain in Arizona Conference, CLE International, May 1-2, 2008
  • Co-Chair and Panelist, Seventh Annual Eminent Domain In Arizona Conference, CLE International, May 17-18, 2007
  • “Kelo vs. City of New London and Proposition 207 – an Arizona Update” presentation to the American Society of Appraisers, Phoenix Chapter, September 26, 2006
  • Co-Chair and Panelist, Sixth Annual Eminent Domain In Arizona Conference, CLE International, May 18-19, 2006
  • “Your Role on the Negotiating Team,” International Right of Way Association Conference, September 8, 2005
  • “Condemnation of Convenience Stores and Gas Stations,” CLE International Conference on Eminent Domain, April 11-12, 2005
  • “Recovery of Attorney’s Fees in Construction Cases,” State Bar of Arizona, Construction Law Section, February 25, 2005
  • “Labor Law for Construction Lawyers,” State Bar of Arizona, Construction Law Section, September 7, 2004
  • “Title Nine Condemnation of Utility Property:  A Whole New World,” CLE International Conference on Eminent Domain, Learn from the Leaders, April 22-23, 2004
  • “Contractors and Consultants’ Role in Mold Cases:  How to Survive in the Litigation Jungle,”
  • Presentation to the Phoenix Chapter of the American Indoor Air Quality Council, April 13, 2004
  • “Building A Construction Case From Ground Up,” State Bar of Arizona, Construction Law Section, January 15, 2004
  • “The Care and Handling of Appraiser Witnesses,” Eminent Domain Conference, CLE International, March 20-21, 2003
  • “Ethical Considerations in Examination of Appraiser Witnesses,” Appraisal of Real Estate, CLE International, August 22-23, 2002, Phoenix, Arizona
  • “Settling the Condemnation Case” Eminent Domain Conference, CLE International, March 21-22, 2002, Marriott Mountain Shadows Resort, Phoenix, Arizona
  • “Current Trends in Insurance Treatment of Construction Defects,” State Bar of Arizona, Construction Law Section, December 4, 2001, Phoenix Country Club, Phoenix, Arizona
  • “Relocation of Specialty Convenience Store Tenants,” International Right-of-Way Association, Uniform Act Symposium, November 6-12, 2001, Sheraton Mesa Hotel and Convention Center, Mesa, Arizona

Professional Affiliations

  • Arizona Bar Foundation/State Bar of Arizona:  President, Arizona Bar Foundation, 1995; Director, Arizona Bar Foundation, 1989 – 1997; President, Construction Law Section, State Bar of Arizona, 2003 – 2004; Director, Construction Law Section, State Bar of Arizona, 2000 – 2005; Member, Bar Convention Committee, 1998 – 2003; Co-Chair, Multi-Jurisdictional Practice Task Force, 2001 – 2004; Charter Member, Quality of Life Committee, 1993 – 1998; Member, State Bar of Arizona, Young Lawyers Executive Council, 1987 – 1988; Certified Real Estate Specialist, State Bar Board of Legal Specialization, 1995 - present; Board of Governors, 2014
  • American Bar Association:  Fellows of the American Bar Foundation, 2002 – present; Member, National Conference of Bar Foundations (Program Committee, 1994-95), 1993 – 1996; District 23 Representative, YLD Executive Council, 1990 – 1992; Liaison Member, ABA Standing Committee on Professionalism, 1992 – 1993; Chair, Scottsdale AOP Host Committee, 1990 – 1991; Member, Affiliate Outreach Project Team, National Conferences Committee, 1988 – 1990; Co Chair, Western Regional Caucus, 1988 - 1989
  • American Bar Association:  Assembly delegate and participant, ABA YLD Annual and Mid Year Meetings: New Orleans, February, 1987; San Francisco, August, 1987; Philadelphia, February, 1988; Toronto, August, 1988; Denver, February, 1989; Honolulu, August, 1989; Los Angeles, February, 1990; Chicago, August, 1990; Seattle, February, 1991; Atlanta, August, 1991; Dallas, January, 1992; San Francisco, August, 1992; Boston, February, 1993; New York, August, 1993; (NCBF and NAIP Representative): Kansas City, 1994; New Orleans, 1994; Miami, 1995; Chicago, 1995.
  • American Bar Association:  Participant, Affiliate Outreach Project Conferences: Beverly Hills, May, 1987; Kansas City, October, 1987; Hilton Head, May, 1988; Dallas, October, 1988; Memphis, April, 1987; Miami, May 1990; Boston, October, 1990; Scottsdale, May, 1991; Richmond, October, 1991; Marco Island, Florida, May, 1992.
  • Maricopa County Bar Association:  Co-Chair, Centennial Celebration Committee, 2013 – present; Member, Mills Member of the Year Award Committee, 2011 – present; Member, Professional Development Committee, 1998 – 2001; MCBA Barristers Ball Committee, 1991 - 1994 (Chair, 1993 Silent Auction); Chairman, MCBA Second Annual Convention, 1989 – 1990; Chairman, MCBA First Annual Convention, 1988 – 1989; President, MCBA   Young Lawyers Division, September, 1987   September 1988; Member, MCBA   Young Lawyers Division Board of Directors, 1983 – 1989; Member, MCBA Board of Directors, 1987 – 1988
  • University of Arizona Law College Association:  President, 1999 – 2000; Member, Board of Directors, 1994 – present
  • Morris Institute For Justice:  Founder; President, 1998-2000; Director, 1996-2002

Civic Involvement and Honors

  • AB Top Lawyers – Arizona Business Magazine, Construction & Real Estate, 2008-2009 and Commercial Litigation, 2008-2011
  • Arizona Court of Appeals – Judge Pro Tempore, 1994-2002
  • AV Preeminent and 2013 Top Rated Lawyer in Commercial Litigation and Energy, Environmental, and Natural Resource Law in the Martindale Hubbell peer review system
  • Boy Scouts of America – Scoutmaster, Troop 401, Church of the Beatitudes, 2001-2003; Unit Committee, 1996-present; Silver Beaver Award, 2007; Camelback District Award of Merit, 2005
  • Chambers and Partners USA, 2007-present
  • Maricopa County Bar Association – Member of the Year, 1989
  • Southwest Super Lawyers, 2007-2014
  • State Bar of Arizona - Co-Recipient, Member of the Year Award, 2003
  • State Bar of Arizona - Arizona Outstanding Young Lawyer Award, 1987
  • The Best Lawyers in America, Eminent Domain and Condemnation Law, 2008-2014
  • University of Arizona Law College Association – Recipient, Sidney S. Woods Alumni Service Award, 2003
  • University of Arizona Law College Association – Recipient, Distinguished Alumnus Award, 2000
  • Wildlife For Tomorrow Foundation – President, 2004-present; Director, 2000-present

Education

  • The University of Arizona, J.D., with high distinction, 1980
  • The University of Arizona, B.A., with distinction, 1977

Admissions

  • Arizona, 1980
  • United States Court of Appeals for the Ninth Circuit
  • United States District Court for the District of Arizona