Mr. Grimsley is a seasoned first-chair trial lawyer who manages the most complex litigation matters for his clients in venues throughout the country. Utilizing his more than 30 years of experience with complex litigation matters, Mr. Grimsley partners with his clients to achieve their goals through efficient and effective management of litigation matters.
Mr. Grimsley has a wide range of experience in intellectual property litigation, including trademarks, trade dress, copyrights, patents, trade secrets and know-how. He has represented clients in intellectual property matters in the consumer products, aerospace, military hardware, medical equipment, industrial equipment and other industries.
Mr. Grimsley also is a knowledgeable antitrust litigator and advisor. Mr. Grimsley has handled antitrust disputes, class actions and governmental investigations for clients in the musical instruments, flat glass, moving and storage, consumer products, alcoholic beverages, and other industries.
In addition, Mr. Grimsley has defended and prosecuted numerous civil suits involving breach of contract, tortious interference, breach of fiduciary duty, bad faith, RICO, WARN Act and other claims, including class and multi-district litigations.
Education & Credentials
Education
Tulane University School of Law
J.D., 1991- Order of the Coif
- summa cum laude
Washington and Lee University
B.A., 1986Bar Admission
Acknowledgements
- International Arbitration "Attorney of the Year," Corporate INTL, 2015
- Arizona Business Magazine
- "AB Top Lawyers," Alternative Dispute Resolution, 2011
Prominent Assignments
- Successfully represented a leading producer of rolling papers and smoking accessories before the U.S. Court of Appeals for the Ninth Circuit, which ruled in their favor and denied the petition for a rehearing by the full 11-judge panel.
- Hired as lead trial counsel in Lanham Act case 30 days before trial by medical device company, obtained pre-trial dismissal of some claims, pre-trial settlement payment from one adverse party, and a jury verdict in client’s favor on remaining claims and client’s counterclaims.
- Defended aerospace company in federal trade secret action concerning client’s patented LIDAR sensor technology, resulting in dismissal of all claims challenging client’s title to its technology.
- Hired as lead counsel by Hong Kong-based trading company and Chinese factories 90 days before trial in suit against US distributors, implemented discovery plan leading to $12 million summary judgment ruling.
- Represented manufacturer and distributor of smoking products and accessories in enforcing trademarks, trade dress and copyrights, leading to judgment and injunction in client’s favor against multiple defendants.
- Successfully defended country’s largest self-move truck rental organization against multi-district antitrust class action alleging the company’s business model constituted illegal price fixing.
- Successfully represented leading guitar manufacturer in FTC investigation into alleged price fixing in the musical instruments industry, resulting in closing of investigation with no charges or consent decree against client.
- Successfully represented leading guitar manufacturer in multi-district antitrust class action following FTC investigation, obtaining dismissal of suit following limited discovery.
- Represented multi-line insurer in first-party bad faith class action in state court arising from enforcement of anti-stacking provisions of underinsured and uninsured motorist coverages, resulting in settlement on terms favorable to client after successfully obtaining summary judgment against portions of a certified class, including class representatives.
- Represented multi-line insurer in first-party bad faith class action in federal court arising from enforcement of anti-stacking provisions of underinsured and uninsured motorist coverages, resulting in settlement on terms favorable to client after convincing Ninth Circuit to accept discretionary review of class certification order.
- Represented multi-line insurer in putative coverage class action concerning ability of insurer to reduce underinsured motorist payments by amount of workers’ compensation benefit received by insured, resulting in settlement on terms favorable to client after legal issue was determine by State Supreme Court.
- Defended major shareholders and director of payments technology company in fiduciary duty suit concerning loans and other internal transactions, resulting in pre-trial judgment in client’s favor and settlement under which clients’ fees were paid in full.
- Obtained dismissal of RICO and securities fraud class action against developer following criminal convictions of certain officers, affirmed in precedent-setting Third Circuit ruling.
- As lead counsel for international exposition services company, successfully prosecuted suits in several states to enforce bonus claw-back triggered by violation of non-compete restrictions.
- Represented group of multi-line insurers in successfully defeating federal civil rights claims arising from participation in joint federal and state criminal investigations of insurance fraud claims.
Professional Involvement
- American Bar Association
- Arizona Bar Association
- Maricopa County Bar Association
Community Involvement
- Chairman, Board of Directors, Rocky Mountain School for the Gifted and Creative, Boulder, CO (2009-2011)
Court Admissions
- United States Court of Appeals, Federal Circuit
- United States Court of Appeals, Fifth Circuit
- United States Court of Appeals, Ninth Circuit
- United States Court of Appeals, Eleventh Circuit
- United States District Court, District of Arizona
- United States District Court, Northern District of Illinois
- United States District Court, Southern District of New York
- United States District Court, Western District of Wisconsin
Publications/Presentations
- “The Company Deposition—The Critical Role of In-House Counsel,” Association of Corporate Counsel, Arizona Chapter Newsletter, 2nd Quarter 2018
- “Arizona LLCs—Forget What You think You Know About Duties,” Association of Corporate Counsel, Arizona Chapter, February 2017
- “Drafting Enforceable Class Action Waivers,” CLE Webcast (Celesq Ed/West Legal Ed), November 2016