William F. Auther

Will Auther is a first-chair trial attorney with over 30 years of experience, concentrating his litigation practice in product liability, construction, toxic tort, and business litigation. He serves as national and lead trial counsel for a variety of Fortune 500 companies across a wide range of industries.

Defending technology is one of Will’s strengths. His client work focuses predominantly on complex corporate litigation including the defense of product defect claims and business disputes. His clients cross the entire spectrum of industries from transportation, construction, chemical, pharmaceutical, mechanical, high tech start-ups, banking and finance.

Additionally, Will routinely handles complex commercial litigation matters including dealer/vendor disputes, construction disputes, contract disputes and financial litigation. Among his many high-profile litigation cases, Will has also defended manufacturers in consumer fraud class actions and has managed national portfolios of cases reducing case counts to lowest levels in years.

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Bar Admissions

Arizona, 1992
Wyoming, 2021

Court Admissions

U.S. District Court, District of Arizona
U.S. District Court, District of Wyoming

Education

Santa Clara University School of Law, J.D., 1992

cum laude
Dean's List
School of Law Merit Scholarship, Fall 1991
Santa Clara University, B.S., 1989

cum laude
Dean's List
Combined Sciences, Emphasis in Chemistry and Biology

Professional Associations

Arizona Association of Defense Counsel
—Board of Directors, 2004 – 2008
Arizona Commission on Judicial Performance Review
—Chairman, 2024
—Member, 2012 – 2023
Defense Research Institute
—Product Liability Committee
—Commercial Litigation Committee
—Class Actions SLG
American Bar Association
—Litigation Section
State Bar of Arizona
—Trial Practice Section, Past President
—Civil Jury Instructions Committee
Arizona College of Trial Advocacy
—Faculty 2004 – Present
—Co-Chair, 2008
Arizona Town Hall
University of Arizona
—James E. Rogers College of Law, Board of Visitors

Distinctions

The Legal 500
—Named in Litigation: Product Liability Defense, Toxic Tort, 2021 – 2024
Arizona Attorney Magazine
—Top 5 Verdicts in 2006
The Phoenix Business Journal
—40 Under 40, 2004
Super Lawyers Magazine
—Southwest Super Lawyers, 2011 – 2013, 2015 – 2018
Martindale-Hubbell
—Rated AV Preeminent

Recent Verdicts & Case Studies

CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.

Case	Date	Practice	Industry
Complete Defense Verdict in Four-Week Honda All-Terrain Vehicle Trial	Nov 25, 2019	Product Liability Litigation	Motor Vehicles
Judgment as a Matter of Law for Honda	Jan 31, 2013	Product Liability Litigation	Motor Vehicles
Armed Forces Insurance Exchange v. Nissan	Jun 18, 2007		Motor Vehicles
Brethauer v. General Motors	Nov 02, 2006		Motor Vehicles
Ogozaly v. Honda	Nov 04, 2005	Product Liability Litigation	Motor Vehicles

Recent News, Events and Blogs

Name / Date / Type	Practice	Industry
The Legal 500 Announces National Rankings for 2024 June 17, 2024 News	Product Liability Litigation Toxic Tort and Environmental Litigation	Consumer Products Motor Vehicles Medical Device and Pharmaceutical
Announcing 2023 Rankings by The Legal 500 June 7, 2023 News	Product Liability Litigation Toxic Tort and Environmental Litigation	Motor Vehicles Medical Device and Pharmaceutical Consumer Products
Will Auther Featured on Arizona PBS October 5, 2022 News
The Legal 500 Rankings for 2021 June 16, 2021 News	Product Liability Litigation	Motor Vehicles Medical Device and Pharmaceutical Consumer Products
Rush v. Honda trial featured in DRI's The Voice December 12, 2019 News	Product Liability Litigation	Motor Vehicles

Speaking Engagements

"Trial Ethics: Publicity & Social Media Impact, Including Research of Potential Jurors, Opposing Parties & Witnesses," Presenter, Association of Corporate Counsel - Arizona Chapter CLE, Phoenix, AZ, May 2016
"Cybersecurity Threats and Client Confidential Data: Navigating Risks and Ethical Obligations," Co-Presenter, EDRM Webinar, May 2016
"Trial Ethics: It’s All About the Witness: Preparing Corporate Witnesses, Turncoats & Compensation of Outside Experts," Presenter, Association of Corporate Counsel - Arizona Chapter CLE, Phoenix, AZ,
April 2016
"How Your Clients Confidential Data Will Be Compromised – Or Not?" Sedona Conference Track at Ipro’s Innovations Conference, Scottsdale, AZ, April 2016
"Regulatory Update from CPSC, Health Canada and Australian Consumer Commission and Changing Product Standards including ROHVA, Slow Speed Vehicles and OPEI," Client Presentation, March 2016
"Trial Ethics: Unmeritorious Claims & Contentions, Threatening Disciplinary Claims on Opposing Parties & Judges," Presenter, Association of Corporate Counsel - Arizona Chapter CLE, Phoenix, AZ,
March 2016
"Looking Ahead: ATV and Side by Side Regulatory Activities – What Will the Future Hold?" Client Presentation, November 2015
Demonstration of Cross Examination of Plaintiff Expert Witness, Arizona College of Trial Advocacy, August 2012
"Courtroom Technology and Effective Communication," CLE by the Sea, State Bar of Arizona, July 2012
"Get Paid What You Deserve - By Managing the Change Order Process," National Association of Home Builders, February 2012
Legislative Update, Arizona Chapter, Arizona Paralegal Association, September 2011
"Matter Based Budgeting," International Legal Technology Association Annual Meeting, Las Vegas, Nevada, August 23, 2010
Demonstration of Cross Examination of Plaintiff Expert Witness, Arizona College of Trial Advocacy, July 2010
"Evidence and Expert Testimony Best Practices," National Business Institute, Phoenix, Arizona, June 29, 2010
"Alternative Fee Arrangements," LSSO Raindance Conference, Chicago, Illinois, June 9, 2010
"Class Actions," ExecSense Webinar, February 19, 2010
Demonstration of Defense Opening Statement, College of Trial Advocacy, July 28-29, 2009
"Arizona Product Liability Law Issues," Faculty, Phoenix ACC Seminar, June 16, 2009
"Trial Advocacy Today," Faculty, State Bar of Arizona, June 4, 2009
In-House/Outside Counsel Panel Discussion, Maricopa County Bar Association, April 29, 2009
"Narouz v. Charter Comm., LLC (9th Cir. Jan. 15, 2010) The Instant Impact on Litigators and the Effect of Settling with the Class Representative on the Appealability of Class Certification Denial" (with Robert L. Wise and Pamela J. Roberts), ExecSense Webinars, February 19, 2010
"Taking and Defending Effective Depositions in Arizona," Faculty, Lorman, 2008
"Everything You Need to Know About Settlements in Arizona," Faculty, The Ins and Outs of Minor Settlements, National Business Institute, 2008
"Expert Deposition Techniques," Faculty, National Business Institute, 2008
"Taking and Defending Expert Depositions," National Business Institute, 2008
"What Lawyers Can Learn From Actors – Storytelling," Seminar Chair, State Bar of Arizona Annual Convention, 2008
"Significance and Proper Use of Voir Dire," Seminar Chair, State Bar of Arizona Annual Convention, 2008
"Best Practices in Product Liability Trials," Faculty, National Business Institute, 2007
"Emerging Issues in Automotive Product Liability," Faculty, Mock Trial, American Bar Association, 2005
"Arizona Product Liability Law," Faculty, National Business Institute, 2004
"Cross Examination of Experts," National Business Institute, 2004
"Civil Jury Instructions," Faculty, State Bar of Arizona Annual Convention, 2003 – 2004

Publications

"Arizona Supreme Court Rejects "Generalized Duty," Consequences May Follow,” Client Alert, Co-Author, May 2018
"New CPSC Database - Admissible in the Courtroom?," DRI Today, April 2012
"CPSIA Update: Final Rule Amending Mandatory ATV Standard to Reference ANSI/SVIA I-2010," DRI Today, February 2012
"International Corporations Have Big Stake in Supreme Court Case," DRI Today, December 2011
"Consumer Product Safety Commissioner Retires, Leaving Two Democrats and Two Republicans," DRI Today, December 2011
"Seventh Circuit Sets Standard for Denying Class Certification Based on Inadequate Representation," DRI Today, December 2011
"Manufacturers Beware: First Circuit Says Massachusetts Plaintiffs Need Not Prove Feasible Alternative Design," DRI Today, December 2011
"After a Close Vote, Children's Products Must Now Be Third-Party Tested," DRI Today, December, 2011
"All Eyes on 'Company Doe': Taking on the Consumer Product Safety Commission Database," DRI Today, November 2011
"Regulators Release Volcker Rule for Public Comment - Banks Will Likely Have Plenty," DRI Today, October 2011
"The Future Implications of Southwest Fiduciary, Inc. and Flynn v. AHCCCS," Maricopa Lawyer, June, 2011
"Future Implications of Medical Liens, AHCCCS Case," (with Amanda Pyper), Maricopa Lawyer, June 2011
"Integration Doctrine at Risk for Manufacturers in New Jersey" (with Charles Schoenwetter and Mary Kranzow), ABA Construction Litigation, December 8, 2010
"How Settling With Class Representatives Impacts Class-Certification Denial Appeals," In-House Defense Quarterly, Summer 2010
"Nothing’s Over Until We Decide It Is - How Settling with Class Representatives Impacts Class-Certification Denial Appeals" (with Robert L. Wise), In-House Defense Quarterly, Summer 2010
"CPSIA: Not The Last Word on Preemption," January 2010
"New Guidance on the Enforceability of Limitation of Liability Provisions," Co-Author, Critical Path, Summer 2009 (Co-Author)
"Preemption as a First Line of Defense Against State Law Tort Claims for Product Liability Defendants?" Association of Corporate Counsel, Arizona Chapter, First Quarter, 2009
"Citizen's Suits, Arizona Environmental Law Manual," State Bar of Arizona, 1994
"Cross-Border Environmental Law Enforcement"
"Arbitration Agreements: When Will They be Enforced?"
"Removal to Federal Court: When Does the Time Begin to Run?"

Representative Cases

Williamette Crushing Company v. State Department of Transportation, Highway construction delay damages claim. Will represented CH2M Hill in the matter. Summary judgement was affirmed on appeal.
Fort Mojave Tribal Utilities Authority (FMTUA) v. Operations Management International, Commercial contract dispute regarding maintenance and operation at a wastewater plant and water distribution system for a CH2MHill subsidiary. Defeated a 10 million dollar claim from the Tribe and obtained $1.2 million in unpaid invoices.
Costa Del Este v. Daikin Applied, Arbitration. This case involved a transaction for HVAC equipment for a large commercial shopping mall/retail center/hotel and hospital in Panama City, Panama. Claims by Costa Del Este were defeated and obtained multi-million dollar payment owed for equipment.
Will has handled numerous personal injury and professional liability claims for CH2M Hill, Jacobs and HDR.
Will has had more than 20 trials and arbitration taken to verdict or final judgement over his 32 years in practice.