Services

Ellman Weinzweig LLC has the experience and judgment required to usher you from conflict to resolution on the most favorable terms. We offer superior legal representation in all phases of state and federal litigation, from well-crafted demand letters to compelling appellate arguments. Our diverse background extends to commercial, governmental, civil and criminal matters.

Advocacy

We are accomplished litigators with outstanding records of success in hard-fought cases. Few attorneys have won as many consequential legal victories in such a diverse assortment of cases. As Solicitor General for the State of Arizona, Rob Ellman supervised dozens of prosecutors and civil litigators, personally briefing and arguing some of Arizona’s most difficult and controversial cases. As Senior Litigation Counsel to the Arizona Attorney General, David Weinzweig amassed a string of litigation victories in high-profile, precedent-setting cases.

We earned our professional standing and reputations through long and distinguished careers representing corporations, private individuals, governmental entities and public officials in courts across the United States, from Maricopa County Superior Court to the United States Supreme Court.

Analysis and Advice

Ellman Weinzweig LLC offers the practical and insightful perspective that only years of experience can provide. We are premier litigators but we know that litigation is rarely the best way to resolve a dispute. Even if you have been served with a summons or committed yourself to legal action, we do not impulsively prepare cost-prohibitive court filings and square off with opposing counsel.

Effective advocacy requires an understanding of the facts and circumstances, the financial and practical implications of legal action, and the laws that control any court-imposed outcome. With knowledge of the strengths and weaknesses of your case, we can identify and implement cost-effective options to bring quicker, better results. Our consultation enables you to make informed decisions.

Antitrust Litigation and Advice

Our firm has substantial experience in antitrust law, both in private practice and the public sector. David Weinzweig has been recognized in Best Lawyers in America ® for Antitrust Litigation. He formerly chaired the Antitrust and Trade Regulation Practice Group at Lewis and Roca LLP. He has extensively lectured and written on antitrust law. He chaired the Antitrust Section of the Arizona State Bar for four years. And he served as the principal Assistant Attorney General in the Antitrust Section of the Arizona Attorney General’s office, where he investigated and prosecuted violations of state antitrust law. He was Arizona’s lead counsel in several national antitrust investigations and lawsuits involving the pharmaceutical and healthcare industries.

David has defended and pursued all forms of antitrust litigation, including claims of monopoly maintenance, attempted monopoly, refusals to deal, price fixing, market division, exclusive dealing, resale price maintenance, group boycott and price discrimination. In addition, he offers transactional guidance to institutional clients on antitrust issues. He trains our clients on antitrust law and compliance, too.

Appeals and Appellate Consultation

Ellman Weinzweig LLC offers superior representation in appellate courts and expert consultation for practitioners who need assistance in evaluating an appeal or preparing for oral argument.

Rob Ellman is among the most experienced and highly regarded appellate practitioners in Arizona. He has briefed hundreds of appeals in the Ninth Circuit, the Arizona Supreme Court, the Arizona Court of Appeals, and other federal courts, including the United States Supreme Court. He has argued approximately 100 cases in these same courts. He has taught appellate advocacy and brief writing at the National Advocacy Center and the Arizona Appellate Practice Institute.

David Weinzweig is an experienced and innovative appellate advocate who has consistently prevailed in high-profile cases. He has successfully defended Arizona state laws and officials against federal constitutional claims, including challenges under the First Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, Eighth Amendment, Equal Protection Clause and Due Process Clause. He also has substantial experience defending the State of Arizona on appeal against claims under the Arizona Constitution, including charter city challenges to state government authority.

Our appellate consultation includes evaluation of likely appellate outcomes, guidance in perfecting an appeal, editing briefs and motions, assistance preparing the record materials and exhibits and conducting moot court exercises.

Representative Cases Include:
  • Ring v. Arizona, 536 U.S. 584 (2002)
  • Arizona v. Tohono O’odham Nation, 818 F.3d 549 (9th Cir. 2016)
  • U.S. v. Newman, 659 F.3d 1235 (9th Cir. 2011)
  • NAACP v. Horne, 626 Fed.Appx. 200 (9th Cir. 2016)
  • Torres v. Goddard, 793 F.3d 1046 (9th Cir. 2015)
  • Gallardo v. State, 336 P.3d 717 (Ariz. 2014)
  • City of Scottsdale v. State, 352 P.3d 936 (Ariz. Ct. App. 2015)
  • Arizona Libertarian Party v. Reagan, 798 F.3d 723 (9th Cir. 2015)
  • Planned Parenthood Ariz., Inc. v. Humble, 753 F.3d 905 (9th Cir. 2014)

Commercial Litigation

We frequently represent institutional clients in routine and complex litigation, including class action lawsuits. These cases include antitrust, real estate, intellectual property, general commercial, partnership, consumer fraud, software licensing, franchising, business torts, unfair competition, trade secret, employment, bad faith and Lanham Act disputes.

Our clients have included multi-national internet retailers, national banks, national and international manufacturers, entertainment companies, municipalities, medical device companies, hospitals, casinos, petroleum companies, liquor distributors, insurance companies, buying cooperatives and construction companies.

Representative cases include:
  • Lens.com, Inc. v. 1-800 Contacts, Inc., CV2011-0918 (D. Nev. 2011)
  • VEGAS.COM, LLC, et al. v. Tix Corporation, CV2009-2362 (D. Nev. 2009)
  • In re Coyotes Hockey, LLC, CV2009-BK-09488 (Bankr. D. Ariz. 2009)
  • NBA Properties, Inc. v. Gold, 895 F.2d 30 (1st Cir. 1990)

Constitutional and Civil Rights

We have robust experience in constitutional and civil rights litigation, ranging from employment discrimination to voting rights. David Weinzweig has an exceptional record of success in high-profile litigation and appeals involving constitutional and civil rights claims. He defended the State of Arizona against an Equal Protection challenge to its gender-selection abortion ban; a Fourth Amendment challenge to state and federal law enforcement operations aimed at human smugglers and narcotics traffickers; assorted First Amendment challenges to its criminal laws and panhandling restrictions; and a Due Process challenge to its child protective services. He also defended the Arizona Department of Corrections in federal court against the claims of death row inmates who collectively challenged Arizona’s method of execution under the Eighth and First Amendments.

Rob Ellman has invaluable experience representing Arizona public officials in high-profile, extremely sensitive matters, including challenges to Arizona’s constitutional and statutory marriage laws, restrictions on abortion, voting rights, open meeting and public records laws, and education requirements.

Representative cases include:
  • NAACP v. Horne, 626 Fed.Appx. 200 (9th Cir. 2016)
  • Torres v. Goddard, 793 F.3d 1046 (9th Cir. 2015)
  • Gallardo v. State, 336 P.3d 717 (Ariz. 2014)
  • City of Scottsdale v. State, 352 P.3d 936 (Ariz. Ct. App. 2015)
  • Arizona Libertarian Party v. Reagan, 798 F.3d 723 (9th Cir. 2015)
  • Planned Parenthood Ariz., Inc. v. Humble, 753 F.3d 905 (9th Cir. 2014).  

Criminal

Rob Ellman has 20 years of experience representing the government in criminal cases, while David Weinzweig has defended Arizona criminal statutes against assorted state and federal constitutional claims. David defended the State’s death-penalty methods and protocols under the Eighth Amendment. He also defended Arizona law enforcement operations aimed at human-smugglers and narcotics-traffickers under the Fourth Amendment.

Rob Ellman has litigated every type of felony case from white collar fraud to capital murder, representing the United States and the State of Arizona in pretrial hearings, jury trials, appeals, post-conviction proceedings and federal habeas corpus review. He has trained federal and state prosecutors on appellate advocacy, professional ethics, creating a record on appeal, and effective brief writing.

Representative Cases Include:
  • U.S. v. SDI Future Health, Inc., 568 F.3d 684 (9th 2011)
  • U.S. v. Chapman, 642 F.3d 1236 (9th 2011)
  • State v. Glassel, 116 P.3d 1193 (Ariz. 2005)
  • Schriro v. Summerlin, 542 U.S. 348 (2004)
  • State v. Prince, 75 P.3d 114 (Ariz. 2003)
  • State v. Towery, 64 P.3d 828 (Ariz. 2003)

Ethics and Professionalism

Rob Ellman defends attorneys in disciplinary actions and provides ethics and professionalism training. Mr. Ellman has considerable background in the rules of professional responsibility, particularly when applied to trial prosecutors. He served as the designated professional responsibility officer in the United States Attorney’s Office for the District of Nevada, supervised the ethics officer at the Arizona Attorney General’s Office, and has submitted commentary to the Arizona Supreme Court on amendments to the Court’s ethical rules.

Negotiation

Litigation is emotionally charged. Your adversaries are usually invested in their position with little regard for the facts or the law, while their attorneys are frequently focused on winning rather than fairness. We have often fractured the wall that separates adversaries from reality. Our experience has consistently shown that swift success depends on problem solving, not accusatory rhetoric. We communicate, in understandable and compelling terms, the mutually beneficial reasons to resolve the matter on your terms. We identify workable solutions without compromising your goals or your legal position.

Public Sector Law

Ellman Weinzweig LLC has decades of experience representing state, local, and federal governments. We understand and appreciate the unique considerations that arise when governments are thrown into litigation, including the policy and resource issues. Governments can trust us to prosecute or defend civil actions effectively and efficiently.