Philip R. Higdon
Phil's nearly 50 years of experience include representing clients in complex civil commercial litigation, arbitration, and counseling.
Through this experience Phil Higdon has amassed deep knowledge in diverse substantive legal areas, including commercial contracts, business torts, labor and employment, construction defects, intellectual property, estate and probate, water rights, media, and constitutional rights.
Phil frequently represents employers in both the private and public sectors, counseling on and litigating claims of misclassification of employees as independent contractors, wrongful termination, employment discrimination, misappropriation of trade secrets, breach of employment contracts, and violation of wage-and-hour laws. He also has dedicated substantial time to representing Native American tribes in Arizona in commercial and construction litigation matters, labor collective bargaining, administrative law issues, and arbitration of intertribal disputes. Phil's clients span a range of industries, including aerospace, financial services, construction, publishing, and healthcare. Recently, he represented a prominent Portland, Oregon company in a high-profile class action regarding allegedly fraudulent billing practices.
An experienced arbitrator, he is a member of the large complex, commercial, and labor and employment arbitration panels of the American Arbitration Association. Phil is also a former adjunct faculty member of Arizona State University's Sandra Day O'Connor College of Law.
Areas of focus
Education & Credentials
Education
- University of Texas School of Law, J.D., with honors, Order of the Coif, Associate Editor, Texas Law Review, 1972
- University of Kansas, M.A., 1970
- University of Kansas, B.S., 1969
Bar and Court Admissions
-
Oregon
- Supreme Court of the United States
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. District Court for the District of Arizona
- U.S. District Court for the District of New Mexico
- U.S. District Court for the District of Colorado
- U.S. District Court for the District of Oregon
Related Employment
- Arizona State University Sandra Day O'Connor College of Law, Adjunct Professor, 2011-present
- University of Arizona James Rogers College of Law, Adjunct Professor, 1992-2002
- Sutin, Thayer & Browne, Santa Fe, NM, Shareholder, 1984-1989
- University of New Mexico School of Law, Adjunct Professor, 1982
- Western New England College School of Law, Visiting Associate Professor, 1979
- Brown, Bain & Bingaman, Santa Fe, NM, Partner, 1981-1984
- Brown & Bain, P.A., Associate, Partner, 1973-1981
- Brown & Bain, P.A., Associate, Partner, 1973-1981
Professional Recognition
Peer Review Rated AV in Martindale-Hubbell
(AV®, BV® and CV® are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.)
Impact
Professional Leadership
- American Arbitration Association, Member, Commercial, Employment and Large Complex Case Panels; Chair, Tucson Advisory Council, 2001-2002; Panel Member, 2015
- State Bar of Arizona, Member, Consumer Information and Education Task Force, 2008-2009
- Morris K. Udall Inn of Court, 2001-2003
- State Bar of New Mexico, Member, Pro Bono Committee, 1983-1989; Chair, Pro Bono Committee, 1983-1984; Advisory Opinion Committee, 1983-1984; Acting Chair, Antitrust and Trade Regulation Section, 1983
Community Involvement
- American Diabetes Association National Board of Directors, 2007-2009
- Florence Immigrant & Refugee Rights Project, Board of Directors, 2016-2019
Professional Experience
Litigation
Bayliss v. Contel Federal Systems Inc.
U.S. Court of Appeals for the Tenth Circuit
Defense of action for alleged gender discrimination and breach of employment contract. Judgment for defendant affirmed. 930 F.2d 32 (10th Cir. 1991), 1991 WL 47111 (10th Cir. 1991)
Bernstein v. Star Publishing Company
Court of Appeals of Arizona
Defense of newspaper and reporter in action for alleged defamation and false light invasion of privacy. Summary judgment for defendants affirmed. No. 2 CA-CV 2004-0128
Chapman v. Luna
Defense of action asserting constitutional infirmities in vehicle emissions inspection program. Affirmed in part and reversed in part. 101 N.M. 59, 678 P.2d 687 (1984)
Collins v. Chandler Unified School District
U.S. Court of Appeals for the Ninth Circuit
Prosecution of action challenging the constitutionality of public school prayer. Summary judgment for plaintiff affirmed. Citation: 644 F.2d 759 (9th Cir.), cert. denied, 454 U.S. 863 (1981)
Fidelity National Title Insurance Company, et al. v. Centerpoint Mechanic Lien Claims, LLC, et al.
Superior Court of Arizona, Maricopa County
Representation of insureds in claim for breach of insurance coverage and bad faith. No. CV2011-008600
Henry v. Raycom Media Inc.
U.S. Court of Appeals for the Ninth Circuit
Affirmance of dismissal of defamation, negligence, and invasion of privacy claims against TV station based on statute of limitations. 2006 WL 3611322 (9th Cir.)
Hotel and Casino Located on Tribal Lands
Superior Court of Arizona, Maricopa County
Represented tribal government on claims against design-build contractor to recover for design and construction defects in a resort and casino constructed on the reservation. Case settled on favorable terms shortly before trial.
In re Estate of Spiegel
Representation of Personal Representative in defense of will in $30 million estate against claims of undue influence and incapacity.
Konarski v. Raycom America Inc.
Superior Court of Arizona, Pima County
Arizona Court of Appeals
Defense of television station and employees in action alleging defamation. Summary judgment for defendants affirmed. No. 2 CA-CV 2006-0023 (Ariz. Ct. App. 2006)
LeFevre v. Space Communications Company
Defense of action for alleged tortious contract interference. Summary judgment for defendant affirmed. 771 F.2d 421 (10th Cir. 1985)
MAI Basic Four Inc. v. Basis Inc.
U.S. Court of Appeals for the Tenth Circuit
Prosecution of action for alleged violation of employee intellectual property agreements. Partial summary judgment for defendants reversed. 880 F.2d 286 (10th Cir. 1989)
McClatchy Newspapers, Inc. adv. Becerra
McClatchy Newspapers, Inc. adv. Sawin
Superior Court of California, Fresno County
Superior Court of California, Sacramento County
Representation of newspapers in class actions seeking reclassification of newspaper carriers as employees, rather than independent contractors, and seeking restitution for alleged unreimbursed business expenses. Case No. 08 CECG 04411 KCK / Case No. 34-2009-00033950-CU-OE-GDS
Metropolitan Domestic Water Improvement District v. City of Tucson
Representation of plaintiff water district in suit to nullify 30-year contract for the purchase of treated Central Arizona Project water from the City of Tucson.
National Environmental Services Company v. Tracer Research Corporation
Intellectual property case involving underground storage tank leak detection technology and allegations of trade secret misappropriation.
Star Publishing Company v. Pima County Attorney’s Office
Special action for access to public records. Order granting access affirmed. 181 Ariz. 432, 891 P.2d 899 (1994)
Representation of Navajo Nation
- Assistance of Navajo Nation Department of Justice in drafting briefs to the Navajo Nation District Court and the Navajo Nation Supreme Court in opposition to action seeking to void the 2006 settlement of the Navajo-Hopi land dispute.
- In the wake of 2006 settlement of Navajo-Hopi land dispute and approval of intertribal Compact memorializing settlement, defense of Nation in arbitration disputes brought by Hopi Tribe in 2008 and 2012 seeking interpretations of the Compact by Joint Commission created to resolve such disputes.
- Defense of Navajo Nation officials in suit brought in federal court by Salt River Project seeking to avoid enforcement of Navajo Preference in Employment Act at Navajo Generating Station.
- Member of Navajo Nation collective bargaining teams, by Presidential appointment, in collective bargaining with United Mine Workers of America pertaining to bargaining units in Navajo Nation Executive Branch, Division of Public Safety and Department of Early Childhood Development (including Department of Head Start).