David Funkhouser handles complex commercial litigation matters. Mr. Funkhouser’s litigation practice has an emphasis in real property disputes, construction disputes, consumer lending, contract disputes, probate, trust and estate litigation, and other commercial torts. Mr. Funkhouser also routinely represents financial institutions in all aspects of litigation. Mr. Funkhouser also holds various positions within the firm, including serving on the Ombudsman Committee and chairs the Summer Associate Committee, for the Phoenix office. Mr. Funkhouser’s recent experience includes:
- Representation of lending institutions in enforcement actions against borrowers and guarantors, fair market value hearings, lender liability defense, receiverships, and trustee’s sales.
- Representation of lending institutions in contested residential mortgage-related litigation, including: defense of homeowner's association lien foreclosure actions, tax lien foreclosure actions, excess proceeds litigation, criminal forfeiture proceedings, and quiet title actions.
- Representation of property owners, developers, and lessors/lessees in various construction-related disputes, including: defending construction defect claims, resolution of mechanic's and materialman's liens recorded by general contractors and subcontractors and, where necessary, obtaining statutory discharge of lien bonds for litigation purposes.
- Representation of some of the largest trust companies in the United States in all aspects of probate, and trust and estate litigation in Arizona.
- Representation of various trust and estate beneficiaries, as well as trustees and personal representatives in complex estate and trust distribution matters.
- Representation of a major aircraft maintenance facility in all aspects of its Arizona-based operations.
- Representation of principals in closely held businesses in all aspects of dispute resolution, as well as mediation, arbitration, or litigation.
- Defense of consumer financial services companies involving the FCRA, FDCPA, and other state law claims.
- Pro bono representation resulting in a generous settlement for the client’s breach of contract and conversion claims against the opposing party.
- Representation of local and national clients in complex contract and other business disputes in state and federal court.
- Litigation & Dispute Resolution
- Fiduciary, Trust and Probate Litigation
- Real Estate and Construction Litigation
- Banking & Financial Institutions
- Financial Institutions Litigation
Education and Honors
- University of Iowa College of Law (J.D., 2003)
- The Journal of Corporation Law (Member, Business Manager)
- Van Oosterhout Moot Court Competition (2001–2002)
- Student Bar Association (Law School Foundation Representative)
- Phi Delta Phi Legal Fraternity
- University of Iowa-Bordeaux Law Program, Arcachon, France (2001)
- University of Iowa (B.B.A., 2000)
- Major: Finance, with Accounting Emphasis
- U.S. District Court, District of Arizona, 2003
Professional and Civic Activities
- Greater Phoenix Economic Council (Certified Ambassador)
- Suns Charities 88 (Member)
- American Bar Association (Member, Litigation Section; Trust & Estate Litigation Committee)
- State Bar of Arizona (Member, Mentor Committee (2005–2007); Co-chair of Committee's Seminar at 2006 Annual Convention)
- Maricopa County Bar Association (Board of Directors, 2007–2009; Secretary, 2010; Treasurer, 2011; President-Elect, 2012; President, 2013; Immediate Past-President, 2014)
- Maricopa County Bar Foundation (Ex-Officio Board Member, 2014)
- Maricopa County Bar Association Bench & Bar Committee and Annual Conference, Co-Chair (2012–Present)
- Graduate, Valley Leadership Class 32 (2011)
- Special Olympics Advocacy Resources ("SOAR") Program (Leadership Council, 2011–Present)
- Special Olympics Arizona ("SOAZ") Development Team (Chair of the Grants, Corporate Sponsorships and In-Kind Donations Committee, 2015)
- On August 26, 2008, was sworn in to the Arizona House of Representatives to serve the remaining term of a vacated seat in Arizona's 11th Legislative District and ultimately served on the Commerce, Government, and Human Resources Committees
- Has been a Democratic Precinct Committeeperson in Arizona's 11th Legislative District since 2005 and was a member of the State Committee of the Arizona Democratic Party from 2005 through 2011
- Serves as a volunteer pro-bono lawyer for the State Bar of Arizona Young Lawyer's Division Wills for Heroes Program and also serves as a volunteer pro bono lawyer for the Volunteer Lawyer's Program
- Volunteers as a Capital School Home Room Parent and is also involved in fundraising efforts for Rosie's House – A Music Academy for Children
- American Bar Foundation Fellow
- Selected for inclusion in the 2014, 2015, 2017 Southwest Super Lawyers® lists (Business Litigation)
- Selected for inclusion in the Southwest Super Lawyers®–Rising Stars 2012 and 2013 Editions (Business Litigation)
- Valley Leadership's Class 32 Leadership Institute (Selected Participant)
- Martindale-Hubbell AV® Peer Review Rated
- 2013 Recent Alumni Award from the University of Iowa College of Law (Recipient)
- Phoenix Business Journal’s “Forty Under 40” Award, 2014