Professional Experience
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 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 Summer Associate Committee for the Phoenix Office. Mr. Funkhouser also serves as a formal mentor to junior and mid-level associates in the Phoenix Office, and has previously served on the Phoenix Client Development Committee. 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 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 principals in closely-held businesses in all aspects of dispute resolution, as well as mediation, arbitration and/or litigation.
- Defense of consumer financial services companies involving the FCRA, FDCPA and other state law claims.
- Representation of one of the nation’s largest title insurance companies in real property disputes.
- Representation of a leading social lending company with respect to defaulting borrowers.
- 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.
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)
Degree: Finance/Accounting Emphasis.
Bar Admissions
Arizona,
2003
Court Admissions
U.S. District Court, District of Arizona, 2003
Professional Recognition
Selected for inclusion in the 2012 Southwest Super Lawyers
® list (Business Litigation).
Valley Leadership’s Class 32 Leadership Institute (Selected Participant).
Professional and Civic Activities
Greater Phoenix Chamber of Commerce (Certified Ambassador).
American Bar Association (Member, Litigation Section; Young Lawyers Division).
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).
Graduate, Valley Leadership Class 32 (2011).
Public Service/Community Affairs
Mr. Funkhouser is heavily involved in the Maricopa County Bar Association, one of the largest, voluntary metropolitan bar associations in the country. Mr. Funkhouser was a member of the Maricopa County Bar Association Board of Directors from 2007-2009. In 2010, Mr. Funkhouser was unanimously selected to the Executive Committee, first serving as Secretary. Mr. Funkhouser currently serves as Treasurer, will serve as President-Elect in 2012 and will ascend to the position of President in 2013 - one of the youngest Presidents in the nearly 100-year history of the Maricopa County Bar Association. In addition to his roles on the Executive Committee, Mr. Funkhouser also co-drafted the organization’s five-year Strategic Plan in 2010, and currently serves on the Finance Committee.
Mr. Funkhouser is also a founding member of the Maricopa County Bench and Bar Committee. The mission of the Bench and Bar Committee is to forge a spirit of cooperation, collegiality, and exchange among the judiciary and the practicing bar by providing a resource to collaboratively solve problems and improve the legal system, thereby providing an accurate public perception of the judicial system.
Mr. Funkhouser also currently serves on the Board of Directors of the Arizona Advocacy Network and the AzAN Foundation. The Arizona Advocacy Network promotes social, economic, racial and environmental justice by connecting and building power among activists and leaders in those fields, and by leading efforts for electoral justice and increased civic participation.
On August 26, 2008, Mr. Funkhouser was sworn in to the Arizona House of Representatives to serve the remaining term of a vacated seat in Arizona's 11th Legislative District. While in the Arizona House of Representatives, Mr. Funkhouser served on the Commerce, Government and Human Resources Committees.
Mr. Funkhouser has also 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.
Mr. Funkhouser also 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.
Mr. Funkhouser also volunteers as a Capital School Home Room Parent, and is also involved in fundraising efforts for Rosie’s House - A Music Academy for Children.