Stefan M. Palys

Partner

  • location icon Washington, D.C.
    2112 Pennsylvania Avenue NW
    Suite 500
    Washington, D.C. 20037
  • location icon Phoenix, AZ
    2929 North Central Avenue
    Suite 1700
    Phoenix, AZ 85012

Stefan Palys is a partner in the Washington D.C. office of Lewis Brisbois and a member of the Complex Business & Commercial Litigation Practice. Stefan focuses on business disputes, loan enforcement and lender liability defense, e-discovery, and appeals. He frequently represents both businesses and business owners in contract and tort cases. He also represents clients in cases involving intra-corporate disputes about owners’ rights. He has represented clients before the Ninth Circuit Court of Appeals, the Arizona Court of Appeals, and the Arizona Supreme Court in matters ranging from anti-deficiency/lender liability issues, business tort matters, and a personal jurisdiction challenge. He has extensive experience collecting, obtaining, and analyzing electronically stored information in large-volume e-discovery cases.

Prior to joining Lewis Brisbois, Stefan worked as a business litigator at a national law firm where he represented clients in various business disputes. He also has prior experience as a clerk at the Arizona Court of Appeals, which gives him insight into how cases and arguments are  considered on appeal.

When not working, Stefan is attempting to finish bike races, marathons, and triathlons.

Business Litigation

  • Represented business owners in efforts by opposing ownership groups to obtain control of the entities, including successfully defending against receivership applications.
  • Successfully defended franchisee against franchisor’s attempt to close the business using a foreign temporary restraining order.
  • Represented an LLC’s members in a dispute concerning a manager’s breaches of fiduciary and contractual duties.
  • Represented indenture trustees in litigation concerning the enforcement of municipal and industrial development bonds.
  • Represented a potential sports franchise purchaser in bankruptcy litigation with the league, in an effort to obtain an ownership interest.

Loan Enforcement and Lender Liability

  • Represented creditors both in creating and enforcing security interests in airplanes, including obtaining a temporary restraining order to prohibit an aircraft’s owner from moving the plane.
  • Represented national and local banks, and other lenders, in proceedings to enforce loans and guarantees, including successfully pursuing fraudulent transfer remedies.
  • Represented commercial landlords enforcing commercial leases and associated guaranties.
  • Defended lenders against lender liability claims, including claims under the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Electronic Funds Transfer Act, Real Estate Settlement Procedures Act, and the Truth In Lending Act.

Appellate

  • Represented a national bank before the Arizona Court of Appeals and Arizona Supreme Court on anti- deficiency issues.
  • Obtained a favorable opinion from the Arizona Supreme Court concerning a personal jurisdiction issue.
  • Represented a national bank before the Arizona Court of Appeals on loan enforcement and lender liability issues.
  • Obtained a favorable opinion from the Ninth Circuit Court of Appeals on a matter of first impression concerning prosecutorial immunity.
  • Obtained a favorable disposition from the Ninth Circuit Court of Appeals on an immigration issue.

Publications

  • Regulators Targeting Lenders Based on Loan Underwriting Practices, April 12, 2017
  • Co-author, “What Your Outside Counsel Doesn’t Know About E-Discovery,” Law360, January 2016
  • What Your Outside Counsel Doesn’t Know About E-Discovery, January 12, 2016
  • Co-author, “Trial Court and Appellate Court E-Filing Tips, Tricks, Pitfalls,” Arizona Attorney, November 2015
  • Contributor, Statute of Limitations Guide, Maricopa County Bar Association, 2011

Professional Presentations

  • “Hot Areas in a Down Economy,” ABA YLD Mid-Year Meeting, Birmingham, Alabama, Fall 2009
  • “Post-Judgment Collections in Today’s Economy,” ABA YLD Mid-Year Meeting, Birmingham, Alabama, Fall 2009

Admissions

  • State Bar Admissions
    • Arizona
    • District of Columbia
    • Nevada
    • Virginia
  • United States District Courts
    • United States District Court for the District of Arizona
    • United States District Court for the District of Columbia
    • United States District Court for the District of Nevada
  • United States Courts of Appeals
    • United States Court of Appeals for the Ninth Circuit

Admissions

AZ

District of Columbia

(Awaiting admission)

NV

United States District Court for the District of Arizona

United States District Court for the District of Nevada

United States Court of Appeals for the Ninth Circuit

Associations

  • American Bar Foundation, Fellow, 2014-present
  • American Bar Association Young Lawyers Division
    • House of Delegates Representative, 2016-present
    • Tort, Trial and Insurance Practice Section Leadership Academy, 2016-2017
    • Assembly Speaker, 2015-2016
    • Assembly Clerk, 2014-2015
    • Administrative Co-Director, 2013-2014
    • Committee/Liaison Director - Membership Entities, 2012-2013
    • District Representative for Arizona and New Mexico to YLD Assembly, 2010-2012
    • Co-Chair, YLD Bankruptcy Section, 2009-2010
    • Vice-Chair, YLD Tort, Trial, and Insurance Practice Section, 2008-2009
  • State Bar of Arizona Young Lawyers Division
    • Board Member, 2007-2011
    • YLD Liaison to State Bar Bankruptcy Section, 2009-2010
  • Maricopa County Bar Association Young Lawyers Division
    • President, 2011
    • President-Elect, 2010
    • Secretary, 2009
    • Barrister’s Ball, Chair, 2010; Co-Chair and Corporate Sponsorship Chair, 2008
  • Phoenix Theatre
    • Board Member, 2008-2015
    • Executive Committee Member, 2012-2015
  • Judicial Intern Opportunity Program, Mentor, 2008-2009
  • Justice Project, Volunteer, 2004-2012
  • Wake Forest University, Phoenix Alumni Club, President, 2006-2010
  • TriScottsdale, Board Member, 2019

Awards & Honors

  • Southwest Super Lawyers®, Business Litigation, 2017
  • Southwest Super Lawyers Rising Star, Business Litigation, 2013-2016
  • Named a “Star of the Year” for the 2012-13 bar year by the American Bar Association Young Lawyers Division

Education

University of Arizona

Juris Doctor, magna cum laude, 2006

  • Order of the Coif

Wake Forest University

Bachelor of Arts, History, 2002

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