Mike Schern

Partner

Mike has called the Valley of the Sun home since 1976. He is often asked, “So tell me, what kind of law do you practice Mike?” His answer to that frequent question is simple, "I don't just practice a type of law, I represent a particular type of client. My clients range from individual entrepreneurs to Fortune 500 companies and leaders of their respective industries. Whether those that call on me for assistance are individuals, start-ups, employers of a few, or industry titans, they all demand an attorney they can trust unequivocally in their hour of need who treats them as if they were the only client. They want someone they can call on day or night, at any hour. They want to know that they have a committed partner and team member in their corner, not just another lawyer. So I don't just practice a type of law, I work with a type of client."

Mike is "AV rated", the highest rating given through Martindale Hubble's® Peer Review Ratings System. That rating comes from a survey of fellow attorneys and judges.

Business Counsel
Every significant business needs two outside professionals: an accountant and a lawyer. Mike provides vital assistance in almost every aspect of his clients’ businesses. In addition to his legal and business experience, Mike’s business clients benefit from his broad network of entrepreneurs, financing sources, and other professionals.

Business Transactions
Mike has assisted new businesses in nearly every aspect, including formation, tax status, securing trademarks, drafting of operating and partnership agreements, establishing financial relationships, and securing financing. Mike’s more seasoned business clients have counted on his practical business and legal experience to complete challenging transactions such as the following:

• Negotiation, due diligence, and drafting of transaction documents for acquisition of quasi-utility company on behalf of competitor client;
• Negotiation, due diligence, and drafting of transaction documents for commercial bond lease agreement facilitating $50M+ financing;
• Negotiation, due diligence, and drafting of transaction documents securing exclusive retail sales rights in North America for specialty electrical components;
• Post-closing legal review of 4,000 cell tower ground leases for incorporation into purchaser’s database following $1B+ acquisition.

Sophisticated Real Estate Transactions
Since 2008, Mike has been at the forefront of the largest urban land assemblage by a private entity in the history of the United States. Having personally negotiated sales agreements with hundreds of property owners, he understands that each transaction is unique. Mike has served as legal counsel for buyers and sellers in over 750 real estate transactions, and he has spearheaded every aspect of those transactions, including contract negotiation, due diligence, environmental review, funding, closing, and enforcement. His transaction experience spans the real estate field, from the simplest of purchase and sale agreements, to the most complex bond lease agreements, easements, sale-lease backs, and abandonments.

Condominium Terminations
Few attorneys have the experience or knowledge of the very rare and complex real estate field of condominium terminations. The condo termination mechanism can present developers and owners with unique opportunities to transform a good property investment into a great one. Mike’s recent condo termination transactions are illustrative:

• Termination of Condominium following negotiation and purchase of property consisting of 204 individually owned units situated on 20 urban acres; completed ahead of schedule and under budget, MCR Inst. No. 2014-0203270;
• Termination of Condominium following negotiation and purchase of property consisting of 72 individually owned units adjacent to major thoroughfare; completed ahead of schedule and under budget, MCR Inst. No. 2015-0501360;
• Termination of Condominium following negotiation and purchase of property consisting of 74 individually owned units situated on 10 urban acres; completed ahead of schedule and under budget, MCR Inst. No. 2016-0133162.

Litigation and Appeals
Litigation isn’t a theoretical or academic exercise; it takes a unique blend of experience, smarts, strategy and good old-fashioned hustle. When a business dispute turns into business litigation, the winning party is often the one with the lawyer who has a track record of winning cases, making deals, and getting things done. Mike has a proven track record of winning for his clients in business litigation, both at the trial and appellate court levels:

• Berridge v. Significant Education, 1 CA-CV 08-0695 (Ariz. Ct. App.) (Construction Contract dispute, summary judgment reversed in favor of client);
• Seyfferth v. Blue Haven, 1 CA-CV 11-0406 (Ariz. Ct. App.) (Employment Contract dispute, summary judgment upheld in favor of client);
• Blue Sky v. Grand Canyon University, 1 CA-CV 12-0863 (Ariz. Ct. App.) (Financial Services Contract dispute, remanded to trial court and summary judgment granted in favor of client);
• Smith v. Couse Construction, 1 CA-CV 11-0482 (Ariz. Ct. App) (Construction Contract dispute, dismissal based on Purchaser Dwelling Act upheld in favor of client);
• Dobson Bay v. La Fuente de la Comunidad, 1 CA-CV 13-0709 (Ariz. Ct. App.) (Loan Contract dispute, summary judgment in favor of client reversed) CV-16-0029-PR (Ariz. Supreme Ct., review. granted) (Issue: whether an agreed upon 5% late fee of $1.3M is an unenforceable penalty on a late payment for a fixed rate conventional loan, where the loan was $28M. Decision pending).