Brophy
Joseph A. Brophy
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Areas Of Practice

  • Commercial and Business Law
  • Commercial Litigation
  • Surety & Fidelity Law
  • Creditor’s Rights
  • Insurance Coverage & Defense
  • Attorney Regulation and Ethics
  • Employment Law
  • Appellate

Overview

Bar Admissions

Education

Published Works

Honors and Awards

Professional Associations and Memberships

Classes and Seminars

Mr. Brophy is a commercial litigator whose practice areas include complex business disputes, creditors' rights, surety and fidelity law, bankruptcy, construction law, appellate, and insurance defense. He represents individuals, businesses and institutional creditors, as well as sureties and contractors in state, federal and bankruptcy court actions, as well as in arbitrations and administrative hearings.

Mr. Brophy joined Jennings Haug Cunningham in February 2009 and became a partner in 2014.

Bar Admissions

  • Arizona
  • New Mexico

Education

  • University of San Diego School of Law, San Diego, California
    • J.D. - 2008
    • Honors: Cum Laude, Order of the Coif
  • University of San Diego, San Diego, California
    • B.A. - 2000

Published Works

  • Author, “Truth in Advertising” legal ethics column for the Maricopa Lawyer (September 2021)
  • Author, “Judge’s Attendance at Protests or Rallies is Problematic” legal ethics column for the Maricopa Lawyer (July 2021)
  • Author, “Reply All” – Part 2 legal ethics column for the Maricopa Lawyer (June 2021)
  • Author, “ABA Provides Guidance on Material Adversity and Former Clients” legal ethics column or the Maricopa Lawyer (March 2021)
  • Author, “ABA Rule 8.4(g) Struck Down by Federal Court” legal ethics column for the Maricopa Lawyer (January 2021)
  • Author, “Ethical Cannabis Lawyering” legal ethics column for the Maricopa Lawyer (December 2020)
  • Author, “The Lawyer and the Ostrich” legal ethics column for the Maricopa Lawyer (September 2020)
  • Author, “Judges and Politics” legal ethics column for the Maricopa Lawyer (July 2020)
  • Author, “The Dangers of Facebook Friending…Continued” legal ethics column for the Maricopa Lawyer (June 2020)
  • Author, “Reply All – Ethics and You” legal ethics column for the Maricopa Lawyer (April 2020)
  • Author, "Federal Judicial Ethics Committee’s Misguided Priorities" legal ethics column for the Maricopa Lawyer (March 2020)
  • Author, "The Ethics of Judicial Relationships" legal ethics column for the Maricopa Lawyer (January 2020)
  • Author, "Not All Judges are Created Equal" legal ethics column for the Maricopa Lawyer (October 2019)
  • Author, "Arizona Joins Other States in Examining Rules on Partnering with Non- Lawyers" legal ethics column for the Maricopa Lawyer (September 2019)
  • Author, "When Does a Threat of Criminal Prosecution Become Extortion?" legal ethics column for the Maricopa Lawyer (July 2019)
  • Author, "Can a Client Order You to Not Keep a Copy of the File?" legal ethics column for the Maricopa Lawyer (June 2019)
  • Author, "Why Can't We Be Friends?" legal ethics column for the Maricopa Lawyer (April 2019)
  • Author, “California Reconsiders Ethical Rules and Legal Business Models” legal ethics column for the Maricopa Lawyer (March 2019)
  • Author, “My Firm Was Hacked. Now What?” legal ethics column for the Maricopa Lawyer (January 2019)
  • Author, “Manufactured Disqualification of Experts and Counsel” legal ethics column for the Maricopa Lawyer (December 2018)
  • Author, “This is a Recording - Can Lawyers Record Conversations?” legal ethics column for the Maricopa Lawyer (October 2018)
  • Author, “Should Arizona Adopt ABA Rule 8.4(g)” legal ethics column for the Maricopa Lawyer (August 2018)
  • Author, “Breaking Up Is Hard To Do: When Partners Leave” legal ethics column for the Maricopa Lawyer (June 2018)
  • Co-Author, “Managing and Litigating the Complex Surety Case,” Third Edition for the American Bar Association (2018); co-authors of Chapter 12, Navigating In and Around Bankruptcy, are Jennings Haug Cunningham partners Joseph Brophy, Matthew Sloan and Chad Schexnayder.
  • Co-Author, 1-145 New Appleman on Insurance Law Library Edition, Surety and Bankruptcy (2017)
  • New Bern v. Travelers Casualty and Surety Company of America: Can the Surety Really Be Liable When the Principal Is Not?, Surety & Fidelity Law Committee Newsletter (Winter 2017)
  • Contributing author, State-By-State Guide to Architect, Engineer and Contractor Licensing (2nd Ed.) (Arizona Chapter and Annual Supplements), Wolters Kluwer – Aspen Law (2015)
  • Contributing Author, 50 State Contractor Licensing and Architect Registration, (Arizona chapter), Aspen Law Publications (2015 and annual supplements)
  • Arizona Appellate Court Rejects Developer’s Attempt to Force County to Make Subdivision Bond Claim, Surety & Fidelity Law Committee Newsletter (Fall 2014)
  • Editor, The Quick Reference Guide to Western States Surety & Fidelity Law, WSSC, LLC (2014)
  • The Municipal Bankruptcy: Chapter 9 Issues for Sureties, Surety Claims Institute Newsletter (Sep. 2013)
  • Contributing Author, 50 State Construction Lien and Bond Law, (Arizona chapter), Aspen Law Publications (2013 and annual supplements)
  • Month in Review: January 2009, ABA Criminal Litigation Committee, February 2009

Honors and Awards

  • Selected for inclusion in The Best Lawyers in America® – Ones to Watch List (2022)
  • Named to the Southwest Super Lawyers list (2019 – 2020)
  • Recognized as Southwest Super Lawyers Rising Star (2012-2018)

Professional Associations and Memberships

  • State Bar of Arizona, Member
  • State Bar of Arizona, Construction Law Section, Executive Council, Secretary
  • American Bar Association, Member
  • American Bar Association, Tort & Insurance Practice Section, Surety & Fidelity Law Committee Member
  • American Bar Association, Business Law Section, Uniform Commercial Code Young Lawyers Subcommittee, Chair
  • Surety Association of Arizona, Member
  • Arizona Center for Civic Leadership, Flinn-Brown Civic Leadership Academy, Fellow, 2016
  • Arizona Association of Defense Counsel

Classes/Seminars

  • Co-Presenter, "Apologies from Arizona: Thirty Years after Dodge” Western States Surety Conference (April 2019)
  • Co-Author and Speaker, Competing Rights and Claims to Construction Contract Proceeds and Other Collateral, ABA Business Law Section Annual Meeting (2017)
  • Speaker, Preventing Business Contract Disputes, National Business Institute (June 2016)
  • Speaker, Construction Law: What Do You Do When…..?, National Business Institute (May 2016)
  • Speaker, Meet My New Friend: The Uniform Voidable Transaction Act, Western States Surety Conference, Seattle, Washington (May 2016)
  • Speaker, Construction Defects: A Step-by-Step Guide to Unravelling Claims, National Business Institute (July 2015)
  • Speaker, Arizona’s Daubert Rule 702, Arizona Association of Defense Counsel (March 2015)
  • Speaker, Don't Treat Me Bad: Dealing with Principal and Indemnitor Fraud, Western States Surety Conference, Seattle, Washington (May 2014)
  • Paper Presented, Salvage: Getting to the Principal's Tax Refunds, Western States Surety Conference, Seattle, Washington (May 2010)