I started McKay Law to provide client focused and result driven legal services. After practicing law for many years at a large law firm, I learned that not every case requires an army of lawyers. Many cases are more effectively handled by an experienced lawyer overseeing every aspect of the work. That's what you get when you hire me. My practice encompasses a wide range of civil litigation matters, including breach of contract, commercial disputes, employment controversies, securities fraud, investment mismanagement, insurance cases, personal injury, fraud, construction, and family law.
I find the work interesting and exciting. At the time of your first contact, I will make certain that you feel at ease discussing your important legal issues. I provide each client with individualized attention and work to craft a strategy that targets your goals and bottom line. On my desk is a sculpture of The Thinker. It reminds me that I have won most of my cases by a series of strategic choices that were well thought out and skillfully executed.
I play an active role in our community. I am a volunteer for the Red Cross. I helped to organize the largest Red Cross blood drive in the history of Arizona. I contributes to numerous children based charities. But the charities closest to my heart are those that help our veterans. I donate a substantial amount of my time representing United States military personnel pro bono – that is, at no cost. I was named one of Army OneSource's pro bono attorneys of the year in 2016.
When I am not practicing law, I enjoy spending time with my three sons. We all train and love Brazilian Jiu-Jitsu. My sons and I have together competed in Brazilian Jiu-Jitsu tournaments in Arizona, Nevada, Utah, California, and Brazil. We have won gold medals in various Jiu-Jitsu tournaments dating back to 2016. We expect to keep winning for years to come. In addition, I spend time coaching my oldest son who is a member of Saguaro High School's football team. I also love to surf, especially in the Pacific Ocean. There is something extraordinarily magical about surfing in the Pacific.
I am a fighter. I've always been a fighter. It is in my DNA. Whether I'm litigating a class action involving thousands of people against a multinational conglomerate, or an individual case protecting one client's rights, I fight with the same passion and conviction. As a former amateur boxer, and a current Brazilian Jiu-Jitsu competitor, I believe in standing up for every client – and I am willing to go to the mat for each one.
In re Conseco Life Ins. Co. Cost of Ins. Litig., (cost of insurance class action, $400 million settlement) (2008).
In re: Ins. Brokerage Antitrust Litig., (cost of insurance class action, $121 million settlement) (2009).
AGA Shareholders v. CSK Auto, Inc., (securities fraud, confidential settlement reached after the first day of trial) (2009).
“Senior Annuity” cases, (class actions against insurance companies including Allianz Life Insurance, National Western, Midland, American Equity, and AIG, for deceptive annuity sales practices, class settlements in the aggregate value between $552 million and $1.2 billion) (2010).
“Kitec” cases, (consumer protection class actions against plumbing fitting manufacturer and home builders, settlements in the aggregate valued between $125 million and $160 million) (2012).
Singleton v. Adick, (FLSA class action, first chaired bench trial, verdict in favor of clients, awarded for 100% of unpaid wages, plus liquidated damages, costs and attorney fees) (2013).
Theirot v. Celtic Ins., (cost of insurance class action, no motion practice, class settlement valued at $1 million) (2013).
“Auction rate securities” cases, (represented cities, municipalities in California, Texas, Pennsylvania, Utah, West Virginia, and other locations with claims stemming from losses associated with auction rate securities, confidential settlements in the aggregate valued between $100 million and $200 million) (2012-2014).
Local Bank v. SunTrust, (securities fraud claims against investment bankers who packaged preferred trust securities into CDOs and sold the bank positions in CDOs using false statements, confidential seven figure settlement) (2013).
“Bond insurance” case, (represented a city with cost of insurance related claims against bond insurance companies, confidential seven figure settlement) (2014).
Local Bank v. UBS, (securities fraud claims against investment banker who packaged toxic in-house securities into complex synthetic CDOs that were designed to fail, and sold positions in the synthetic CDOs to local bank representing that they were investment grade, confidential seven figure settlement) (2014).
Anarkat v. Hypercom, (derivative action challenging merger, no motion practice, settlement included corporate governance changes and $510,000) (2014).
“Automobile financing and repossession” cases, (consumer protection class actions in Arizona, Idaho, and North Carolina against automobile finance companies for over charging for credit insurance and unlawful repossession practices, settlements valued in the aggregate at $22 million) (2015).
Louisiana Fire Fighters Retirement System v. Northern Trust, (securities fraud claims relating to securities lending, class of plans settlement valued in excess of $17 million) (2015).
Beynel v. Capital Investors, (securities fraud, senior citizen client lost 100% of her retirement savings and her home because of dishonest investment advisor, settlement provided return of 80% of retirement savings, waived attorney fees) (2015).
Marrion v. Collabnet, (securities fraud, minority shareholder rights, no motion practice, $3 million settlement) (2015).
Bilewicz v. Fidelity Investments, (ERISA proprietary fund lawsuit, defendant's 401k plan was freighted with high cost proprietary investments, which enabled defendant to earn excessive fees on its employees' retirement accounts, $9 million settlement) (2015).
D'Agostino v. JDA Software, (derivative action challenging merger, settlement included $350,000 and corporate governance changes) (2015).
Manthangadu v. LifeLock, (derivative action challenging corporate governance practices and failures to comply with prior FTC agreement, settlement valued at roughly $20 million) (2016).
“Uber airport fees” cases, (consumer protection class actions against Uber for charging riders fees charged by the airport for pick up or drop off service when in fact no such fees were charged by airports, settled without motion practice for approximately $2 million) (2016).
Kramer v. Aegon, (ERISA proprietary fund lawsuit, defendant's 401k plan was freighted with high cost proprietary investments, which enabled defendant to earn excessive fees on its employees' retirement accounts, $4 million settlement) (2016).
Minzer v. LifeLock, (Derivative action challenging merger, no motion practice, settlement included corporate governance changes and $150,000) (2016).
Shufeldt v. Nextcare, (securities fraud, minority shareholder rights, $3.2 million settlement) (2016).
Koon v. AZ One AZ Credit Union, (FLSA class action, $200,000 settlement) (2017).
Harris v. Freeport McMoran, (Derivative action challenging executive compensation, settlement included corporate governance changes and $500,000) (2017).
Whitley v. JP Morgan, (ERISA, $75 million tentative class settlement secured, preliminary approval pending) (2017).
Daugherty v. University of Chicago, (ERISA lack of prudence claims based on poor investment menu, settlement $6.5 million) (2018).
Pease v. Jackson National, (ERISA proprietary fund claims, $4.6 million settlement) (2018).
Leary v. BP Lubricants, (Magnusson-Moss claims, $1.32 million settlement) (2018).
Venieris v. PVH Retail Stores LLC (consumer class action, $500,000 settlement (2019).
Bridgeport Continuing Education, Lo Jolla, California
AT&T v. Concepcion, Assessing the Impact on Class Action Litigation, January 27, 2012
Bridgeport Continuing Education, San Francisco, California
Deposing Directors, Officers, and High-Level Executives, September 25, 2015
I graduated with high honors from Syracuse University College of Law and Utah State University
- United States Supreme Court
- Ninth Circuit Court of Appeals
- United States District Courts: Arizona, Colorado and Michigan
- Arizona Supreme Court
- Judge Pro Tem, Arizona Superior Court, Maricopa county
- American Bar Association
- State Bar of Arizona
- Maricopa County Bar Association
- Scottsdale Bar Association
- American Association for Justice