Gerald W. Alston

Gerald W. Alston Special Counsel

P: 602.262.5966
F: 602.495.2602
L: Phoenix

Mr. Alston is Chair of the firm's Alternative Dispute Resolution Department. He is a senior member of the firm's Litigation Department. He has practiced law for more than 40 years, focusing on general and complex commercial litigation, construction litigation, labor/employment matters, mediation and arbitration.

As part of the firm's expansion of its international practice, Mr. Alston worked in the offices of a large Mexico City law firm in 1994-95, assisting U.S. clients with their business activities in Mexico.

Mr. Alston served as Judge Pro Tempore for the Maricopa County Superior Court from 1982 until 2007. He has been actively involved in serving as both an arbitrator and a mediator in all areas of civil litigation, including domestic relations, eminent domain and matters involving real estate and contract disputes.

Representative Engagements

  • Successfully defended a major employer in a dispute over worker’s compensation insurance premiums. After bench trial, the Court ruled in favor of our client, rejecting the insurance company’s claim of more than $5 million
  • Represented a major health care provider in Maricopa County in a reimbursement dispute with a physicians group
  • Represented a major textile manufacturing firm against counterfeiters of its textile designs
  • Successfully defended a majority joint venture partner in a breach of fiduciary duty claim brought by a minority partner seeking general damages and $10 million in punitive damages
  • Successfully defended a national hospital and healthcare corporation in a jury trial of a suit by a partnership claiming damages of several million dollars for breach of a lease
  • Successfully defended a Boston asset management company in a jury trial in a lawsuit filed by an Arizona architect claiming that several hundred thousand dollars of architectural fees were owed. Also secured an award of attorneys’ fees against the plaintiff in the approximate amount of $140,000
  • Involved in many trade secret protection litigation and trade secret interference litigation
  • Represented pension trustees in a major ERISA violation case involving losses in excess of $150,000,000 due to alleged mismanagement of the pension funds
  • Successfully defended a major hospital and healthcare center in a jury trial where the plaintiff claimed it was damaged as a result of our client’s terminating a contract to operate a medical facility
  • Successfully defended a real estate broker in a jury trial involving a real estate buyer’s claim that, as a result of misrepresentations by the broker, the buyer had been damaged in the amount of several hundred thousand dollars
  • Successfully defended an adoption agency in a jury trial of a lawsuit filed by the adoptive parents of a child, claiming that information important to the medical care of the child was withheld from them
  • Successfully defended a major foundation in an action brought by a Federal Agency on a guaranty of an approximate $2 million obligation. After bench trial, the judge ruled in favor of our client
  • Successfully defended a major California healthcare system in an action brought against it claiming in excess of $10 million in damages arising out of the sale of a hospital. At the close of the trial (and while the judge had the matter under advisement) the plaintiffs dismissed their action with prejudice in exchange for our clients waiving the claim for attorneys’ fees

Alternative Dispute Resolution Experience

  • Served as Judge Pro Tempore for the Maricopa County Superior Court from 1982 until 2007
  • Actively involved in serving as both an arbitrator and a mediator in all areas of civil litigation, including domestic relations, eminent domain, and matters involving real estate and contract disputes for the last 22 years

Articles and Publications


Presentations

  • Speaker, "Immigration Reform - Unintended Consequences," Sierra Consulting Group (2008)

  • Speaker, "Ethics and Professionalism: Dealing with Difficult Opposing Counsel," Jennings Strouss & Salmon internal CLE (February 2008)

  • Speaker, "How to Maximize the Potential for Success at Mediation," Jennings, Strouss & Salmon internal CLE (May 2008)

  • Speaker, "The Art of Taking a Deposition," Jennings, Strouss & Salmon internal CLE (November 2008)

  • Speaker, "Ethics: Two Approaches to Mediation - Mediator and Customer Perspectives," CLE International Eminent Domain Conference (May 2006)


Honors, Appointments and Awards

  • AV® PreeminentTM Peer Review Rated

  • Listed, The Best Lawyers in America (2005-2017) in the categories of Arbitration, Commercial Litigation, International Arbitration - Commercial, International Trade and Finance Law, Litigation - Construction, Mediation

  • Listed, Southwest Super Lawyers (2007-2016) in the categories of Business Litigation and Alternative Dispute Resolution

  • AB Top Lawyer, Alternative Dispute Resolution & Commerical Litigation, Arizona Business Magazine (2008-2010)


Community Activities

  • Esperanza, Non-Profit Charitable Corporation (provides medical assistance to indigenous people in Third World countries), Board of Directors, 1976-1990
  • Arizona Boxing Commission, 1985-1994

Other Languages

  • Spanish (Fluent)

Professional Affiliations

  • State Bar of Arizona
    Member, Committee on Unauthorized Practice of Law, 1978-1986
    Law and Counseling Committee Chairman, Member, 1984-1987
    Advanced Domestic Relations Seminar Chairman, 1986
    International Law Section, Chairman, 2003-2004
  • Maricopa County Bar Association
    Board of Directors, 1990-1994
    Volunteer Lawyers Program, Board of Directors, 1980-1986
    Liaison to Editorial Board, The Maricopa Lawyer, 1990-1994
    International Law Committee, Chairman, 2000-2001
  • Maricopa County Superior Court
    Judge Pro Tem, 1982-2007
    Alternative Dispute Resolution Committee

Admitted to Practice

  • Arizona, 1968

Court Admission

  • U.S. District Court, District of Arizona, 1968
  • U.S. Court of Appeals, Ninth Circuit, 1968

Education

  • J.D., University of Arizona, James E. Rogers College of Law, 1968
    Arizona Law Review, Articles Editor
    Curia Regis, Member
    Completed I.B.E.W. Apprenticeship Journeyman - Electrician
  • B.S., University of Arizona, Business Administration, 1965
    Phi Kappa Phi, Beta Gamma Sigma