Robert A. Mandel

Robert A. Mandel

Attorney Profile

Top Rated Appellate Attorney in Phoenix, AZ

Zuber Lawler & Del Duca LLP
 | 2390 East Camelback Road, Suite 318
Phoenix, AZ 85016
Phone: 602-374-2657
Fax: 602-314-5296
Selected To Super Lawyers: 2014 - 2021
Licensed Since: 2004
Practice Areas:
  • Appellate (50%),
  • Business Litigation (50%)
    Attorney Profile

    Rob is a seasoned appellate and trial court litigator licensed in Arizona since 2004 and in New York since 1994. Trained at two highly regarded Manhattan law firms before relocating to Arizona in 2003, and thereafter elected shareholder at one of the largest firms in the United States before establishing Mandel Young PLC, Rob has helped clients worldwide navigate high-stakes business, constitutional, and public law disputes for 25 years. He is honored to have been rated AV® Preeminent™ by his peers for the past decade, to be selected to the Southwest Super Lawyers® 2014-2019 Lists, and to be selected to The Best Lawyers in America (2020).

    Rob handles federal and state court appeals of final judgments, preliminary injunctions and other interlocutory decrees, petitions for writs of certiorari (review), petitions for mandamus (special actions), certified questions, motion practice, and the representation of amici curiae. As a unique service to trial lawyers, he also serves as appellate counselor-in-residence, working collaboratively with the trial team to formulate or refine the theme(s) of the case, craft dispositive motions, handle jury instructions, attend hearings and trial, and take other necessary measures to preserve issues for appeal.

    Rob likewise handles every facet of business litigation in the trial courts, including the representation of clients in high-stakes cases seeking monetary, injunctive or declaratory relief predicated on claims of fraud and breach of fiduciary duty, antitrust and unfair competition, statutory tort violations of all kinds (e.g., FCA, CFAA, RICO), negligent misrepresentation, interference with contract and business relations (existing and prospective), false advertising and trademark infringement, defamation (libel, slander), trespass, and intrusion upon seclusion, and conversion, misappropriation of trade secrets, breach of private and public contracts, unjust enrichment, fraudulent conveyance, and construction design defects.

    Rob is also experienced in litigating federal constitutional issues and other matters of public law, including the due process implications of excessive punitive damages awards, the doctrines of state and tribal sovereign immunity, separation of powers and of church and state, Arizona’s notice of claim statutes and public servant insurance statutes, Arizona’s procurement statutes, the statutory regime governing sales and leases of state trust lands, matters of federal preemption of state law and matters of federal court jurisdiction.

    * AV-Preeminent and BV-Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories–legal ability and general ethical standards.

    White Papers

  • Arizona Supreme Court Clarifies 'Gift Clause' Limits on Public Payments to Private Parties (2010) - On January 25, the Arizona Supreme Court issued a decision addressing the limits imposed by the Arizona Constitution's "Gift Clause" on public payments to private parties. In the context of a development agreement providing for a "tax reimbursement" payment to a private developer, the Court affirmed and clarified the parameters of the so called Wistuber test, under which a governmental payment to a private party complies with the Gift Clause only if the payment both (1) has a public purpose and (2) is not grossly disproportionate to what is received in return.

  • About Robert Mandel

    Admitted: 2004, Arizona

    Professional Webpage:


    • Recommended, PLC Which Lawyer? 2008 - 2012
    • The Best Lawyers in America - Appellate Practice (2020), Selected, 2020
    • Martindale Hubbell, AV® Preeminent™
    • Arizona's Best Lawyers, AZ Business Magazine, 2009
    • Member, Law 360 2010 Appellate Practice Group of the Year
    • Arizona's Best Lawyers, AZ Business Magazine, 2010

    Bar/Professional Activity:

    • Maricopa County Bar Association, 2019
    • Member, Federal Bar Association, Appellate Practice Section
    • Co-Chair, American Bar Association, Appellate Practice Section, Membership Recruitment Subcommittee, 2008 - 2010
    • Chair, American Bar Association, Appellate Practice Section Task Force on Written Appellate Advocacy, 2008 - 2010
    • Member, State Bar of Arizona, Appellate Practice Section
    • American Bar Association, Lawyer's Division, Appellate Practice Section; Judicial Division, Council of Appellate Lawyers (CAL)
    • Member, New York City Bar Association, 1994 - Present

    Pro bono/Community Service:

    • Rob believes in giving back to his community. Representing members of the Gila River Indian Community, for instance, Rob submitted an amicus curiae brief to the Supreme Court of the United States in late 2011 in support of the tribe's petition for a writ of certiorari in an important case involving land rights.  Earlier in his career, Rob, serving as Volunteer Co-Counsel with the Criminal Appeals Bureau of the Legal Aid Society of New York, appeared before the Appellate Division of the Supreme Court of the State of New York, Second Department, and persuaded that tribunal to exercise its "interests of justice" jurisdiction to vacate the manslaughter conviction of an indigent client on due process grounds. The Appellate Division's published decision, which also dismissed the indictment, has been cited in subsequent New York state court decision and legal treatises. The defendant later was acquitted of all charges on retrial.

    Scholarly Lectures/Writings:


    •   ★ Secured landmark Arizona Supreme Court decision holding that the Arizona Medical Marijuana Act ("AMMA") immunizes AMMA-compliant registered medical marijuana cardholders to possess and use marijuana in any form, including in the form of extracts and concentrates, rather than just the raw "flower" of the cannabis plant. ★ Secured Arizona Supreme Court victory for mortgage lender, loan servicer and mortgage-backed securitization trustee in proceeding to resolve disputed questions of law pertaining to non-judicial foreclosures/trustees’ sales. Crafted principal brief, coordinated amici curiae counsel, engaged in extensive motion practice and presented oral argument, all within seven weeks. ★ Persuaded Ninth Circuit to vacate natural gas company’s $60 million punitive damages award against former ACC Chairman as unconstitutionally excessive. Convinced trial court to stay enforcement of judgment without a supersedeas bond during appeals. ★ Persuaded Ninth Circuit panel to vacate $4 million punitive damages remittitur on due process grounds and to determine constitutionally-permissible amount without remand. ★ Repelled Maricopa County Regional School District Superintendent’s petition for review and special action petition to Arizona Supreme Court, wherein superintendent sought to vacate trial court’s appointment of three-member panel to manage school district in the wake of her indictment. ★ Co-chaired and prevailed in bet-the-company trial in federal court on behalf of multinational photo radar enforcement company after persuading district court to dismiss on summary judgment two-thirds of rival’s false advertising claims seeking tens of millions of dollars in purported damages. ★ Co-chaired and prevailed in three-week jury retrial of wrongful termination claim in federal court on behalf of electronics manufacturer after persuading Ninth Circuit to reverse seven-figure judgment in favor of former distributor based on trial court’s exclusion of evidence and other errors. ★ Instrumental in securing eight-figure damages settlement for general contractor on construction design defect claims against Maricopa County arising out of public works project., 2019

    Educational Background:

    • J.D. cum laude, University of Michigan Law School, Ann Arbor, MI, 1993
    • B.A., University of Wisconsin-Madison, College of Letters and Science Honors Program, 1990 (Distinction in Political Science, Phi Beta Kappa)
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    Office Location for Robert A. Mandel

    2390 East Camelback Road
    Suite 318
    Phoenix, AZ 85016

    Robert A. Mandel:

    Last Updated: 10/16/2020

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