Bennett Evan Cooper

Partner

• bcooper@steptoe.com
• vCard
• Phoenix Office

Collier Center
201 East Washington Street, 16th Floor
Phoenix AZ 85004
TEL: 602.257.5217
FAX: 602.452.0920

Bennett Evan Cooper is a partner in the Phoenix office of Steptoe & Johnson LLP and member of the firm’s Appellate Group.  His practice covers a broad range of substantive fields and focuses on insurance coverage and bad faith defense, state and local taxation, intellectual property and e-commerce, employment law, and complex civil litigation.

Appellate & Supreme Court
A former law clerk to the Honorable Alex Kozinski of the US Court of Appeals for the Ninth Circuit, Mr. Cooper practices primarily in the area of appellate advocacy in federal and state courts across the nation. He also works with trial counsel on major motion practice and trials in anticipation of appeal, including class certification proceedings, jury instructions, and post-trial motions. Mr. Cooper is the Chair-elect of the American Bar Association’s Council of Appellate Lawyers, which is part of the ABA’s Appellate Judges Conference. He is the lead author of the Arizona Trial Handbook (Thomson-West 2006-2007), which addresses the law of all aspects of civil and criminal trials in Arizona courts, and is a member of the editorial board of and contributor to the Arizona Appellate Handbook (State Bar of Arizona 2007). In addition, Mr. Cooper is a member of the Civil Jury Instructions Committee of the State Bar of Arizona.  Recently, Mr. Cooper was listed in Southwest Super Lawyers 2007 for Supreme Court and Appellate Advocacy. 

Insurance
Mr. Cooper’s practice emphasizes the defense of claims for insurance coverage, breach of contract, bad faith, and abuse of process.  In 2003, he successfully represented the four largest trade associations of property and casualty insurers as amici curiae in State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003), in which the US Supreme Court overturned a $145 million punitive damages award and established new constitutional guidelines for punitive damages.  The American Prospect magazine noted that the High Court’s “decision … took language right from the American Insurance Association’s amicus curiae (‘friend of the court’) brief.” 

Tax
Mr. Cooper handles appeals in a wide variety of state and local tax disputes, including property, transaction privilege, sales and use, and corporate and partnership income tax. He has represented clients in such diverse industries as electric utility distribution, newspaper publishing, rental cars, commercial lending, construction, storage, low-income housing development, and hospitality concessions. In 2006, he successfully represented the Arizona’s largest utility in establishing that customers’ contributions in aid of construction are not included in the utility’s plant in service cost for valuation purposes. Ariz. Dep’t of Revenue v. Ariz. Pub. Serv. Co., 126 P.3d 1063 (Ariz. App. 2006). In 2007, he prevailed on appeal in establishing that the improvements at the South Rim of the Grand Canyon were not taxable, entitling the concessioner to millions of dollars in tax refunds. 

Intellectual Property & E-Commerce
Mr. Cooper is a former Chair of both the Intellectual Property Section (1989-1994) and E-Commerce & Technology Section (2005-2006) of the State Bar of Arizona. In 2003, he successfully represented the petitioner in Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003), in which the US Supreme Court unanimously reversed the Ninth Circuit in holding that “origin” in the Lanham Act refers only to tangible goods, and not to the contents of creative works.  He has represented both plaintiffs and defendants in appellate and trial court proceedings involving copyrights, trademarks, trade dress, trade secrets, and patents in a broad range of industries.  In addition to litigation, his practice includes trademark and copyright counseling, registration, and licensing.

Employment
Mr. Cooper represents employers in a variety of individual and class-action suits for breach of contract, discrimination, wage-and-hour violations, and personal injuries of railroad workers under the Federal Employers Liability Act. In 2003, Mr. Cooper successfully argued before the California Supreme Court on behalf of the California Public Employees’ Retirement System as to the enrollment requirement for leased employees, resulting in a 4-3 decision for the retirement system. Metro. Water Dist. v. Superior Court, 84 P.3d 966 (Cal. 2004). In 2004, he successfully argued against certification of a state-wide class action against the nation’s largest retailer for alleged wage-and-hour violations, and later prevailed in obtaining the dismissal of the plaintiffs’ appeal. Osuna v. Wal-Mart Stores, Inc., 2004 WL 3255430 (Ariz. Super. 2004), appeal dismissed, 151 P.3d 1267 (Ariz. App. 2007).

Complex Civil Litigation 
Mr. Cooper has handled appeals and trial court proceedings in a wide variety of complex civil litigation: securities and director and officer liability; antitrust; environmental protection and land use; professional liability of lawyers, accountants, and brokers; coal rail transportation agreements and other contracts; and media defamation and other constitutional issues.

Noteworthy & Success Stories

• Listed in Southwest Super Lawyers 2007 and 2008 for Supreme Court and Appellate Advocacy.
• Ranked, AZBusiness Top Lawyers 2008 for Tax Law
• President, Jewish Community Day School Scholarship Fund, one of Arizona’s largest school tuition organizations.
• Ritual Vice President, Beth El Congregation, Phoenix, Arizona.
• Assistant Scoutmaster, Troop 619, Boy Scouts of America, Phoenix, Arizona.

News, Seminars & Events

• Fourteen Steptoe & Johnson LLP Attorneys in Phoenix are Named Super Lawyers
• 14 Steptoe Attorneys Named Southwest Super Lawyers
• Fifth Annual Construction Tax Issues Seminar, June 4, 2008, (A Steptoe Sponsored Event)
• Fourth Annual Construction Industry Tax Issues Seminar, June 14, 2007, (A Steptoe-Sponsored Event)
• Third Annual Construction Industry Tax Issues Seminar, June 15, 2006, (A Steptoe-Sponsored Event)
• State & Local Tax Update Seminar, February 23, 2006, (A Steptoe-Sponsored Event)
• Construction Industry Tax Issues, May 19, 2005, (A Steptoe-Sponsored Event)

Publications & Speaking Engagements

• Arizona Tax Update
  New Prime Contracting Transaction Privilege Tax Developments
  January 2008
• Litigating About Litigation: Can Insurers be Liable for too Vigorously Defending their Insureds?
  Spring 2007, Tort Trial & Insurance Practice Law Journal
• The Arizona Trial Handbook (Thompson West 2006 - 2007)
• Arizona Bankers Association's 104th Annual Convention and Meeting, November 8, 2007, "E-Banking? Egads! Balancing Customer Convenience and Security in Online Transactions."
• Litigating Without Paper: Electronic Filing, Document Management, December 4, 2006, National Business Institute
• Intellectual Property Issues Confronting the Courts, November 11, 2006, Appellate Judges Education Institute Annual Summit Conference
• Technology Benefits and Pitfalls for the Small Firm Practitioner, June 16, 2006, State Bar Annual Convention
• A Candid Conversation Between Bench and Bar: What Appellate Judges Seek from Appellate Advocates and What Appellate Advocates Seek From Appellate Judges, October 1, 2005, Appellate Judges Education Institute Summit Conference

Professional Affiliations

• American Bar Association
• International Trade Association