Tim Overton litigates commercial claims of all types, including complex insurance coverage and bad faith actions, class actions, construction, product liability, and American Indian affairs. He defends major insurance companies in disputes involving various types of coverage, including homeowners, workers compensation, and commercial liability coverages. He also defends institutions of higher learning and product manufacturers from significant tort claims and class actions, represents employers facing employment, discrimination and compensation-related claims, and helps creditors to obtain and collect on judgments. Tim has won both jury and bench trials, litigating in state and federal courts. His most substantial trial work has involved complex commercial disputes, including cases involving allegations of discrimination. Tim is committed to understanding his client’s business, so as to effectively satisfy both their legal and business goals.
Tim provides counsel aimed at avoiding unwarranted litigation, aggressively preparing for, pursuing, and defending litigation when necessary. He has experience enforcing and defending non-competition, non-solicitation, and confidentiality provisions in employment agreements, as well as advising employers and employees regarding when such enforcement is beneficial. He counsels clients in litigation involving real property, including quiet title, foreclosure, adverse possession, fair market value hearings, and easements. In the realm of American Indian affairs, Tim has extensive experience litigating issues surrounding Indian gaming. Tim also regularly consults with and provides training to companies and employers dealing with bias and recruiting, hiring and retaining diverse employees.
- Hualapai Tribal Court
- US District Court, District of Arizona
- US District Court, Western District of Oklahoma
- US District Court, Southern District of Texas
- US District Court, Western District of Texas
- US Court of Appeals, Ninth Circuit
- Hon. Diane Johnsen, Arizona Court of Appeals, 2007-2008
- J.D., Brigham Young University, 2007, with honors, Editor, Journal of Public Law, Moot Court National Team
- B.S., Humboldt State University, 2001, with honors
Areas of Practice
- Managed and conducted discovery resulting in walk-aways from plaintiffs suing insurance companies on alleged coverage and bad faith claims.
- Obtained partial summary judgment and later a $3.2 million judgment in a breach of contract case involving construction law, successor liability, and the Prompt Payment Act. The judgment included an award of nearly $700,000 in attorneys' fees.
- Enforced non-compete and non-solicitation provisions for employer to obtain temporary restraining order, injunction, and significant settlement payment against departed employees and their subsequent employer.
- Negotiated on behalf of employer client to eliminate former employee’s compensation claim related to Phantom Equity Plan.
- Obtained judgments (including a summary judgment) awarding more than $5 million in property and $900,000 in damages and attorney's fees after a four-week jury trial. The judgments resolved an intra-family dispute over the ownership of properties and a partnership interest related to a group of medical practices.
- Obtained favorable settlement for debtors who defaulted on a loan from a banking client, foreclosed on multiple properties, and garnished various bank accounts.
- Worked as counsel to a Fortune 500 company to coordinate defenses to nationwide asbestos claims.
- Defended an off-road vehicle maker from multiple products liability claims.
- Succeeded on partial summary judgment in Court of Indian Offenses and in the United States District Court for the Western District of Oklahoma, in which both courts found in client’s favor on jurisdictional issues.
"Consciously Addressing Our Unconscious Biases," Black Chamber of Arizona i3 Summit, Phoenix, AZ, February 22, 2019
"Consciously Addressing Our Unconscious Biases," Arizona Corporate Counsel CLE Lunch, Phoenix, AZ, February 12, 2019
"Early Case Management," NBI's Discovery Under the New Federal Rules of Civil Procedure, Phoenix, AZ, December 2, 2016
"Rule 26 Changes," NBI's Discovery Under the New Federal Rules of Civil Procedure, Phoenix, AZ, December 2, 2016
News & Publications
October 15, 2018
April 10, 2017
March 3, 2017
October 11, 2016
April 11, 2016
April 11, 2016
Seminars & Events
February 21, 2019
Speaker: Timothy W. Overton
Steptoe's Phoenix Office
201 E. Washington Street
Phoenix, AZ 85004
(or via Steptoe's webinar platform)
- Arizona Black Bar, Individual Diversity Award recipient (2018)
- Super Lawyers, Southwest, "Rising Star," Business Litigation (2015-2017)
- Phoenix Business Journal, "40 Under 40" (2016)
National Bar Association
J. Reuben Clark Law Society
BYU Management Society
Arizona Black Bar
Member, Utah Minority Bar
Leadership Council, Legal Diversity Fellow (2016-2017)
Adjunct Professor, Sandra Day O'Connor Law School (ASU), teaching Race and the Law course