Kevin Heaphy

Associate

emailkheaphy@rcalaw.com
phone602.440.4822
fax602.257.6922
Legal Secretary: Brandi Kline
emailbkline@rcalaw.com

Biography

Kevin excels at helping businesses achieve practical, efficient, and business-oriented results in litigation. He assists a diverse array of commercial clients, including product manufacturers, financial institutions, licensed professionals and business entities, from small, local companies to multinational corporations.

Technology Related Disputes. Kevin helps businesses navigate legal issues that arise through the use and innovation of technology and the internet. His experience includes:

  • Resolving disputes over ownership, licensing, and use of proprietary sales data, including alleged trade secrets.
  • Litigating claims for breach of IT Vendor agreements and SOW agreements, including analysis of work performed and various change-order procedures. 
  • Helping businesses pursue claims originating in an online environment, such as defamation, false advertising, or tortious interference.
  • Analyzing electronic information systems to identify potential sources of relevant information and procedure for preserving, collecting, and producing the same.
  • Reviewing online marketing materials for growing startups to ensure compliance with state and federal regulations. 

Financial Institution Litigation. Kevin helps lending and finance clients, including some of the country’s largest banks, enforce loans and defend against claims asserted by borrowers. His experience includes:

  • Litigating and enforcing lenders’ rights with respect to commercial loans, including collecting judgments against borrowers and guarantors through garnishment, attachment, foreclosure, and related proceedings.
  • Negotiating modification, settlement, and forbearance agreements on behalf of lenders to amicably resolve loan defaults.
  • Obtaining injunctive relief to proactively enforce lenders’ rights including preventing borrowers from disposing of collateral and assets and enforcing loan covenants requiring minimum asset reserves.
  • Litigating claims of successor liability and fraudulent transfers where borrowers and guarantors devise schemes to avoid repayment.
  • Appointing receivers to assist with protecting and selling collateral in favor of secured lenders.

Product Liability Litigation. Kevin helps product manufacturers defend against claims by consumers that products were knowingly hazardous or failed to include adequate warnings. Kevin’s experience with product liability defense includes:

  • Researching supply chains and distribution of his client’s products to specific geographic areas as far back as the 1960s and 1970s.
  • Coordinating large-scale discovery projects to analyze liability, prepare discovery requests, and prepare corporate witnesses.
  • Conducting depositions of claimants and other fact witnesses to investigate product use and memory.
  • Retaining and deposing expert witnesses to prove or disprove the state-of-the-art knowledge at the time of manufacture and causation.
  • Preparing complex cases for trial on accelerated schedules. 

Electronic Discovery (eDiscovery). Kevin has worked with the firm’s eDiscovery practice since 2007. He began by researching state and federal document retention and privacy laws to assist corporate clients in developing defensible information governance policies. Kevin’s eDiscovery experience includes:

  • Researching and reviewing trends and opinions in case law nationwide affecting the obligations and responsibilities of clients and counsel with regard to the discovery of electronic information.
  • Analyzing eDiscovery issues for litigation clients, including litigation holds, potential spoliation sanctions, reservation obligations, and objecting to overbroad and costly subpoenas.
  • Drafting litigation hold policies to safeguard against discovery sanctions during litigation.
  • Authoring the firm’s eDiscovery blog.
  • Writing articles and presenting CLE courses on eDiscovery issues. 

General Commercial Litigation. Kevin helps defend a number of commercial clients to protect their business needs and advance their interests. Some of Kevin’s recent engagements include:

  • Defending a local manufacturing company against claims of sexual harassment and hostile workplace stemming from dress code violations and corrective actions.
  • Defending a non-profit consumer protection organization against claims of defamation and libel seeking several million dollars in damages.
  • Obtaining injunctive relief in favor of a local business that learned one of its members was embezzling money from daily deposits and negotiating a settlement that removed the member.
  • Defending a landlord/seller against claims by a tenant for breach and misrepresentation of a purchase-option contract. 

International Domestication and Collection Litigation. Kevin helps judgment creditors from foreign countries collect judgments from judgment debtors in the United States and pursue claims for fraudulent transfers. Some of Kevin’s recent engagements include:

  • Domesticating a Hong Kong judgment in Arizona, Colorado, and several other states, engaging in aggressive discovery efforts to locate assets of the judgment debtor, and enforcing the judgment against the judgment debtor’s real property assets that were fraudulently transferred to a shell charity.
  • Domesticating and enforcing a Canadian judgment in Arizona and pursuing claims that the judgment debtor’s real property was fraudulently transferred to avoid collection.

Publications

Kevin has two published opinions:

  • Delo v. GMAC Mortg., L.L.C., 232 Ariz. 133 (App. 2013)
  • In re Estate of Bolton, 213 Ariz. 584 (App. 2013), cert denied, (May 29, 2014)

Additional publications include:

Speaking Engagements

  • "Preventive Legal Care: 4 Steps to Identify and Reduce Your Business' Risk of Getting Sued," Association of Corporate Counsel, Co-Presenter, October 2015
  • "Preservation Obligations Case Law Update," Co-Presenter, September 2011

Memberships

  • Ambassadors of Compassion, Mentor and Coach
Profile Information

Offices

Solutions

Education

  • Sandra Day O'Connor College of Law, Arizona State University, J.D., cum laude, 2008
  • Northern Arizona University, B.S.: American Political Studies, Minor in Business Administration, summa cum laude, 2005

Admissions

  • Arizona, 2008
  • U.S. District Court, Arizona, 2008

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