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Douglas Northup
Senior Litigation and Trial Lawyer at Fennemore Craig
Douglas Northup is a prominent attorney and the Chair of the Commercial Litigation Department at Fennemore Craig, P.C., based in Phoenix, Arizona. He has been with the firm since 1991, initially starting as an associate and becoming a director in 1998. In his role, he manages approximately 60 attorneys and paralegals, focusing on complex commercial litigation and tort work, including areas such as real estate litigation, contract disputes, and professional liability defense.12
Northup's educational background includes a J.D. from Oklahoma City University School of Law, where he graduated summa cum laude, and a B.A. from New Mexico State University. Before entering law, he worked as a police officer in Oklahoma City, which contributes to his strong advocacy for client service and understanding of legal matters from various perspectives.12
His litigation practice is characterized by significant trial experience and a strategic approach to complex cases. He is recognized for his ability to develop litigation strategies and has a track record of achieving favorable outcomes for clients, often through jury trials or pre-trial motions.23 Northup is also involved in initiatives aimed at improving the efficiency of legal services, such as the "Managing Litigation as a Business" project, which seeks to align the interests of lawyers and clients.12
Highlights
I apologize this isn’t work related, but I think it’s important. The man in this news story, Serge Zevlever, helped my wife and me adopt our youngest daughter from Ukraine in 2008. He also helped literally thousands of other families adopt mostly special needs and older children who are hard to place, but desperately need homes and a family. Serge was an American citizen, so he could have left. Instead, he stayed to continue his work and apparently was killed by a sniper. This is just one of unfortunately many senseless deaths Vladimir Putin is responsible for, but this one hits close to home. We sure lost one of the good guys this week.
Arizona Supreme Court Clarifies Fiduciary Duties under 2018 LLC Act - Sky Harbor Hotel Properties, LLC v. Patel Props., LLC; In re: Swift Air, LLC, CV-19-0033-CQ; Morris Anderson & Assocs v. Redeye II, LLC, CV-19-0034-CQ (Ariz. 6/25/2019).
Today, addressing certified questions posed by the United States Bankruptcy Court for the District of Arizona, the Arizona Supreme Court held with regard to the 2018 LLC Act (which applies to LLCs formed after September 1, 2019 and to all LLCs after September 1, 2020): (1) managers of LLCs owe fiduciary duties to the LLC; (2) members of LLCs owe fiduciary duties to the LLC, provided that the member is acting as the LLC's agent; and (3) an LLC's operating agreement can waive or limit these fiduciary duties, but the operating agreement cannot eliminate the covenant of good faith and fair dealing implied in every contract.
The Supreme Court generally followed the Restatement (Second) of Agency in answering the questions and the ruling is in accord with many other jurisdictions. The decision does give clarity going forward and is very helpful in that regard.
