Bob Henry is an experienced trial lawyer. He represents regional and national corporations, Arizona-based businesses, and individuals. His practice is concentrated in commercial litigation and general legal counsel in business matters arising out of a wide array of commercial relationships and disputes in various industries. While his general practice is commercial litigation, he has significant experience litigating disputes arising out of real estate development projects, transactions, and professional relationships.  He appears in both state and federal trial courts and in various alternative dispute resolution forums and has tried numerous matters to verdict or award including through multi-week jury trials and arbitrations.
Bob serves as co-chair of Snell & Wilmer’s Real Estate Litigation and Eminent Domain/Condemnation practice group. He has been an adjunct professor for Real Estate Litigation at the Sandra Day O’Connor College of Law at Arizona State University and a guest lecturer real estate litigation and alternative dispute resolutions issues for the Masters in Real Estate Development Program at the W.P. Carey School of Business at Arizona State University.
Bob’s real estate litigation experience includes representing individuals and businesses in disputes and controversies arising out of all aspects of real estate use and ownership, including purchase and sale agreements, option contracts, lease transactions, general landlord/tenant disputes, evictions, lockouts, common area maintenance (CAM) disputes, co-tenancy exclusive use disputes, development agreements, association agreements, tenancy-in-common (TIC) agreements, real estate financing agreements, property management, receiverships, partition, condemnation/eminent domain, liens, foreclosure/trustee’s sales, boundary matters, adverse possession, prescriptive easements, rights of way by necessity, lis pendens, 1031 exchanges, easement disputes, escrow/title agreements, title insurance, broker/agent matters, and regulatory (ADRE) issues.
Bob also has access to and works closely with attorneys at the firm with substantive experience in other areas of law that frequently arise out of real estate litigation disputes, including attorneys with experience documenting real estate transactions (including transactional documents arising out of settlements of disputes), commercial finance, environmental and natural resource issues, water rights, zoning and entitlement issues, construction, and tax issues.
Representative Experience
- Lead trial counsel in Keg Restaurants, Inc. v. Jones, 375 P.3d 1173 (App.2016)
- Co-counsel in Arizona v. United States, 567 U.S. 387 (2012) and related proceedings
- Lead trial counsel in the defense and prosecution of claims and counterclaims in several private arbitrations involving disputes between former owners and managers of businesses
- Lead counsel in numerous proceedings involving the prosecution and defense of claims for breach of contract, good faith and fair dealing, negligent misrepresentation, fraud, consumer fraud, fiduciary duty, agency, receiverships, restrictive covenants, injunctive relief, and related claims
- Experience in the franchise, distributor, manufacturing, retail, wireless, medical marijuana, transportation, financial services, and payment processing industries
- Experience and background in all aspects of real estate development projects and disputes arising out of the ownership, use, and sale of real estate