Biography & Background
Scot Stirling is a Member of Beus Gilbert. His litigation practice emphasizes claims for fraud and financial shenanigans of all kinds, against investment banks and financial advisors, accounting firms, law firms, and corporate directors and officers. Since joining Beus Gilbert in 2002, he has taken a leading role in litigation, trials, and appeals resulting in judgments and settlements of nearly $600 million, and has assisted with others resulting in settlements in excess of $650 million. For more than 20 years before joining Beus Gilbert, Mr. Stirling was involved in Arizona and interstate water and natural resources litigation, infrastructure and development issues, and complex litigation and appeals raising several issues of first impression in Arizona courts. He has been recognized by his peers as an AV® Preeminent Lawyer in Martindale-Hubbell for more than twenty-five years, and was named Litigator of the Week by The AmLaw Litigation Daily in 2015 for winning a $118 million jury verdict for a bankruptcy trustee against The Renco Group in New York.
Before joining Beus Gilbert, Mr. Stirling’s practice involved complex business and real estate litigation, with a significant concentration on major water and natural resources litigation in Arizona and the Southwest. From 1985 to 1987, he served as Chief Litigator for the Arizona Department of Water Resources, with responsibility for the state’s water litigation and appeals, including enforcement of the 1980 Groundwater Management Act, Native American water rights settlement negotiations, the Law of the River, the Central Arizona Project (CAP) Plan Six litigation, Safety of Dams, and inter-basin water transfers. After returning to private practice, Mr. Stirling remained involved in major litigation and disputes about the Law of the River, Arizona’s repayment obligation for the CAP, the construction and alignment of the CAP aqueduct, the allocation of CAP water and subcontracts, and major water and wastewater infrastructure issues and disputes in every part of the State, from the Border with Mexico to the Grand Canyon.
Mr. Stirling was one of the lead attorneys for twelve Arizona counties in two lawsuits to claim a major share of more than $3 billion in proceeds from the 1998 Tobacco Master Settlement Agreement, and won partial summary judgment for the counties before the disputes were resolved by Arizona voters’ adoption and funding of the Arizona Healthy Children, Healthy Families Fund with settlement proceeds.
Mr. Stirling’s varied experience over more than 35 years in Arizona has also included the defense of plastic pipe product liability claims across the country; Superfund and RCRA litigation, including liability insurance disputes for environmental claims; the acquisition of electricity generating assets and seasonal power swaps in northern Arizona; the division of public assets in connection with the formation of a new Arizona county; litigation of mining, grazing rights, and other natural resources claims; representation of former museum director, and litigation of claims relating to art and archaeological artifacts; and land acquisition, environmental, infrastructure, and development issues relating to diverse projects including a 5,500 acre planned community development in southern Arizona, the Sky Harbor International Airport Western Approach Land Acquisition, a Scottsdale hospital, the “Superblock” (Arizona Center) project for the redevelopment of downtown Phoenix, and the Phoenix Suns basketball arena.
Mr. Stirling received his law degree from the University of Michigan, cum laude, and his undergraduate degree in Archaeology and Romance Languages from the University of Arizona, with distinction. He began his legal career in 1979, after receiving the Arizona Attorney General’s Award for the highest score on the Arizona Bar Exam.
- $213 million judgment after jury trial in New York for fraudulent conveyances and breaches of fiduciary duty against the parent corporation and the director/principal shareholder of two bankrupt metals companies, on behalf of the bankruptcy trustee.
- Represented the Bankruptcy Trustee in Arizona for a national fast food chain, against defendants including two national accounting firms, three investment banks, two law firms, and former officers and directors, resulting in settlements in excess of $280 million.
- Represented the Bankruptcy Trustee in Georgia for a national floorcovering business, against national accounting firms, investment banks, and former officers and directors, resulting in settlements in excess of $60 million.
- Represented institutional investors in a regional supermarket chain against a private equity firm, investment banks, and other defendants in Alabama state court, resulting in settlement in excess of $30 million.
- Representation of the liquidator for a hedge fund against auditors, attorneys, and investment bankers in New York, resulting in settlements of more than $145 million.
- Representation of paper industry Bankruptcy Trustee in California against national accounting firm, investment bankers, and others resulting in $55 million settlement.
- Representation of major university and professor in Utah in connection with breach of contract and inventorship and misappropriation of trade secrets against pharmaceutical company and its predecessors resulting in settlement of $450 million.
- Represented twelve Arizona counties with claims to $3 billion in tobacco settlement proceeds; won partial summary judgment as to liability in the trial court, before disputes were resolved by Arizona voters’ adoption and funding of the Arizona Healthy Children, Healthy Families Fund with settlement proceeds.
- Represented plaintiff railroad in a jury trial for breach of $100+ million long-term coal transportation contract, with verdict and judgment for client affirmed by Arizona Court of Appeals.
- Represented the City of Tucson in litigation to limit Arizona’s Central Arizona Project repayment obligation to the United States from more than $2 billion to $1.78 billion.
- Represented the City of Tucson in legislative and regulatory matters related to water law and contracts, infrastructure development, and water transportation and storage issues.
- Represented the City of Globe in negotiations with San Carlos Apache Tribe regarding water rights.
- Represented Central Arizona Water Conservation District in dispute relating to defective construction of siphons in the Central Arizona Project.
- Represented PacifiCorp in offers to acquire Arizona’s largest electric utility company, and in resulting acquisition of electric generating station assets and seasonal power swaps from northern Arizona.
- Represented Arizona Department of Water Resources in water rights settlement negotiations with Fort McDowell and Salt River Pima Maricopa Indian Tribes.
- Represented Arizona Department of Water Resources in litigation concerning sale and reuse of effluent for cooling Palo Verde Nuclear Generating Station.
- Buchwald v. Renco Group, 539 B.R. 31 (S.D.N.Y. 2015); Buchwald v. Renco Group (In re Magnesium Corp. of America), 399 B.R. 722, 758 (Bankr. S.D.N.Y. 2009)
- Levine v. Suntrust Robinson Humphrey, 321 Ga. App. 268, 740 S.E.2d 672 (2013)
- Cucinotta v. Deloitte & Touche, LLP, 129 Nev. __, 302 P.3d 1099 (2013)
- Mayer Brown, LLP v. Newman, 126 So.3d 1067 (Fla. 4th DCA 2013)
- Brigham Young University v. Pfizer, Inc., 861 F.Supp.2d 1320 (D. Utah 2012)
- In re Refco Securities Litigation: Kenneth M. Krys v. Christopher Sugrue, 859 F.Supp.2d 644 (S.D.N.Y. 2012)
- Ex parte Kohlberg Kravis Roberts & Co., 78 So.3d 959 (Ala. 2011)
- In re Parmalat Securities Litigation, 570 F. Supp.2d 521 (S.D.N.Y. 2008); ◦In re Parmalat Securities Litigation, 477 F.Supp.2d 637 (S.D.N.Y. 2007); In re Parmalat Securities Litigation, 421 F.Supp.2d 703 (S.D.N.Y. 2006); In re Parmalat Finanziaria S.p.A., 320 B.R. 46 (S.D.N.Y. 2005); Bondi v. Grant Thornton Intern., 322 B.R. 44 (S.D.N.Y. 2005); In re Parmalat, 383 F.Supp.2d 587 (S.D.N.Y. 2005)
- Smith v. Arthur Andersen LLP, 2005 WL 5976558 (D. Ariz. 2005); Smith v. Arthur Andersen LLP, 2004 WL 5524088 (D. Ariz. 2004); Smith v. Arthur Andersen LLP, 175 F.Supp.2d 1180 (D. Ariz. 2001)
- In re Crown Vantage, Inc., 421 F.3d 963 (9th Cir. 2005); ◦ In re Crown Vantage, Inc., 2004 WL 1635543 (N.D. Cal. 2004); ◦ In re Crown Vantage, Inc., 2002 WL 32872440 (N.D. Cal. 2002)
- Alliance of Automobile Mfrs. v. Hull, 137 F. Supp. 2d 1165 (D. Ariz. 2001)
- State v. Brown & Williamson Tobacco Corp., 196 Ariz. 382, 998 P.2d 1055 (2000)
- Central Arizona Water Conservation District v. United States, 32 F.Supp.2d 1117 (D. Ariz. 1998)
- In re Estate of Travers, 192 Ariz. 333, 965 P.2d 67 (App. 1998)
- Central Ariz. Irr. & Drainage Dist. v. Lujan, 764 F.Supp. 582 (D. Ariz.1991)
- La Paz County v. Yuma County, 153 Ariz. 162, 735 P.2d 772 (1987)
- Arizona Public Service Co. v. Long, 160 Ariz. 429, 773 P.2d 938 (1989)
- Seven Springs Ranch v. Ariz. Dept. of Water Resources, 156 Ariz. 471, 753 P.2d 161 (App. 1987)
- Aikins v. Ariz. Dept. of Water Resources, 154 Ariz. 437, 743 P. 2d 946 (App. 1987)
- Collier v. Ariz. Dept. of Water Resources, 150 Ariz. 195, 722 P.2d 363 (App. 1986)
- Hernandez v. City of Phoenix, 130 Ariz. 566, 637 P. 2d 1069 (App. 1981)
- Reasonable Expectations of Insurance Coverage and the Problem of Environmental Liabilities, 22 ARIZ. ST. L.J. 395 (1990)
- NAFTA, NEPA, NACE/ECE and the National Law Center: Free Trade and the Environment, in MAKING FREE TRADE WORK IN THE AMERICAS (B. Kozolchyk, ed. 1993)
- Contributing author, ARIZONA ENVIRONMENTAL LAW MANUAL, Chapter 5, “International Environmental Law” (1995)
Presentations and Seminars
- Represented National Law Center for Inter-American Free Trade at US-Mexico Border Infrastructure Conferences, 1993-1994
- Speaker, Water and Natural Resources Infrastructure Development, CONTEO Conference, Mexico City, 1994
- Speaker, U.S.-Mexico Border Environmental and Water Issues, at the US-Mexico Judicial Exchange Program Border Conference, San Diego, California, 1998
- Speaker, Arizona-Sonora Trade: Five Years After NAFTA, at the Instituto Tecnológico de Estudios Superiores de Monterrey (ITESM), Hermosillo, Mexico, 1999
- Speaker, Publicly Speaking (Ethical Issues for Public Lawyers), Prescott, Arizona (Fifth Annual Public Lawyers Seminar), 2002
- Arizona State Bar Committee on Civil Practice and Procedure, 1980-1991 and 1996-2004
- Member, Arizona-Sonora Judicial Relations Project, 1991-94
- Some Italian