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.
Joe is listed by Chambers USA as “up and coming,” is recognized on the Benchmark Litigation 40 & Under Hot List for 2018-2019, and has been selected by Southwest Super Lawyers as a “Rising Star” for 2012-2019.
- 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).
- 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 matters:
- 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)
- 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 woman serving 40-year sentence. Successfully obtained order for new trial following a week-long evidentiary hearing in 2017.
- Holle v. Arizona (2017): Counsel of record on 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.