Monty L. Greek , Esq.
Monty Greek is a commercial litigator who has represented clients in a variety of complex commercial cases in state and federal courts and before arbitration tribunals. He has substantial litigation experience in the following areas:
• Business and corporate disputes, including matters pertaining to sales contracts; distribution agreements; management contracts; operating agreements; business ownership and control; rights, obligations, and fiduciary duties of officers, directors, shareholders, partners, and LLC members; commercial torts, including fraud, conversion, interference and disparagement claims; non-solicitation and non-compete agreements; and intellectual property rights.
• Commercial lending, including representation of lenders or borrowers in disputes involving loan agreements; personal guarantees; deeds of trust; deficiency actions; trustee’s sales; judicial foreclosures; receiverships; and financial services.
• Real estate, including disputes related to title and possession; purchase and sale contracts; commercial leases; development agreements; residential and commercial solar leases; broker commissions; tax liens and assessments; zoning and use; condemnation and eminent domain; and pollution citations/claims.
• Construction, including disputes pertaining to AIA and other construction contracts; construction defects; mechanic’s liens; payment and performance bonds; warranties; insurance coverage; and citations from regulatory agencies, including the Arizona Registrar of Contractors and the Maricopa County Air Quality Department.
• Complex Commercial Litigation
• Real Estate Litigation
• Business Tort Litigation
• Lending and Financial Services Litigation
• Insurance Coverage Litigation
• Construction Litigation
• Products Liability Litigation
• State and Federal Appeals
• Represented a Fortune Global 500 lender on multiple matters involving commercial loans and related guaranties, including realization on security through foreclosure of deeds of trust, court appointment of receivers, and pursuit of deficiency claims. See, e.g., Investors Warranty of America, Inc. v. Arrowhead Business Center, LLP, 2014 WL 3608531 (Ariz. App. 2014).
• Obtained dismissal of all claims against a client real-estate development company in litigation arising out of the sale, development, and lease-back of a $30-million shopping complex.
• Obtained summary judgment in favor of a commercial property owner in a zoning/use dispute instigated by adjoining property owners.
• Represented a real-estate investment firm in litigation involving ownership and control of a Paradise Valley hotel property.
• Defended an Arizona parking-services company against class-action claims arising out of the federal Fair Credit Reporting Act (FCRA). See Deschaaf v. American Valet & Limousine Inc., 234 F. Supp. 3d 964 (D. Ariz. 2017).
• Represented a telecommunications company in litigation arising from the termination of its chief operations officer for breach of fiduciary duty.
• Defended a freight company against claims alleging breach of non-compete agreement, tortious interference, unfair competition, and misappropriation of trade secrets. See Mach 1 Air Servs. Inc. v. Bustillos, 2013 WL 1222567 (D. Ariz. 2013).
• Defended an Arizona restaurant against claims arising out of the federal Americans with Disabilities Act (ADA).
• Served as local counsel for Fortune 500 energy company in litigation involving the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
• Represented a Fortune 500 company in a condemnation action commenced by a public utility company.
• Represented the seller of a waste-management company in arbitration arising out of the $4 million sale of its business.
• Defended software development company against claims for breach of contract; unfair competition; misappropriation of trade secrets; aiding and abetting; and civil conspiracy.
• Obtained summary judgment in favor of a general contractor and a hospital owner against claims arising out of a subcontractor’s failed bid to do HVAC work on a hospital expansion project.
• Defended members of a large agricultural commodities company against claims arising from an asset purchase agreement.
• Represented a national bank and its loan servicer in seeking to set aside a municipality’s delinquent-assessment sale that had jeopardized the bank’s security interest in the subject property.
• Represented a hotel owner in arbitration proceedings involving claims arising from the termination of a hotel management company.
• Defended a flooring contractor against contract and warranty claims brought on behalf of a national retail store owner.
• Represented a Fortune 500 energy company in various disputes arising out of residential solar leases.
• Represented agricultural land owners in litigation involving lessee’s destruction of alfalfa plants. See ABCDW LLC v. Banning, 241 Ariz. 427, 388 P.3d 821 (App. 2016).
• Represented a national automobile dealership in a three-week real-estate fraud trial that resulted in a jury verdict of $28.6 million in favor of the dealership.
• Represented a permanent lender in pursuing claims for a construction lender’s wrongful inducement of a $10-million permanent loan to the developer of a Phoenix business complex. See Wells Fargo Bank v. Arizona Laborers, Teamsters & Cement Masons Local No. 395 Pension Trust Fund, 201 Ariz. 474, 38 P.3d 12 (2002).
EDUCATION AND HONORS
• Arizona State University, J.D., cum laude, 1993
Order of Coif
• Arizona State Law Journal, Note & Comment Editor
• Justice Sandra Day O’Connor Award for Excellence in Constitutional Law
• University of Nebraska – Lincoln, B.A., 1989
• Arizona Supreme Court, 1993
• United States Court of Appeals, Ninth Circuit, 1993
• United States District Court, District of Arizona, 1993
PROFESSIONAL MEMBERSHIPS AND ACTIVITIES
• State Bar of Arizona, Appellate Practice Section
• American Bar Association, Litigation Section
• Maricopa County Bar Association, Construction Law Section
• Selected for Southwest Super Lawyers® (Business Litigation), 2012-present