Areas of Practice
Education
  • Ohio State University Moritz College of Law, J.D., summa cum laude, 2000, Order of the Coif, Phi Sigma Phi, Associate Editor, Ohio State Law Journal
  • University of Notre Dame, B.S. in Civil Engineering, cum laude, 1993
Judicial Clerkships
  • Hon. Thomas G. Nelson, US Court of Appeals, Ninth Circuit, 2000-2001
  • Hon. Barry G. Silverman, US Court of Appeals for the Ninth Circuit, 2005-2007
Bar & Court Admissions
  • Arizona
  • US Court of Appeals for the Fifth Circuit
  • US Court of Appeals for the Ninth Circuit
  • US Court of Appeals for the Tenth Circuit

Doug Janicik

Of Counsel
201 E. Washington Street
Suite 1600
Phoenix AZ 85004
TEL: +1 602 257 5245
FAX: +1 602 257 5299

Doug Janicik, of counsel Steptoe’s Phoenix office, focuses on appellate advocacy in federal and state courts.  He also handles a variety of commercial litigation matters, including insurance coverage and bad faith defense, business law disputes, breach of contract claims, arbitration enforcement actions, employment controversies, and class action litigation.  In addition, he counsels clients on a number of business-related issues such as non-competition agreements, which draws on his experience in drafting restrictive covenants in the employment context and tailored to the specific state laws across the country. 

A former civil engineer officer in the Air Force, Mr. Janicik twice served as law clerk to judges on the US Court of Appeals for the Ninth Circuit, and also has extensive pro bono experience.

Representative Matters

Non-competition agreements and employment law:

  • Successfully defended a large recruiting company and its new employees against claims by their former employer, another recruiting firm, for breach of non-competition agreements and intentional interference with business relations.  Before the preliminary injunction hearing, Mr. Janicik obtained summary judgment on all claims and later secured a six-figure award of attorneys’ fees, the full amount requested. 
  • Defeated certification of a state-wide class action against the nation’s largest retailer for alleged wage-and-hour violations related to overtime, meal and rest breaks, minimum wage and off-the-clock work.  Osuna v. Wal-Mart Stores, Inc., 2004 WL 3255430 (Ariz. Super. 2004), appeal dismissed, 151 P.3d 1267 (Ariz. App. 2007).
  • Representing a car wash company with 29 facilities in three states in a $10 million wage and hour class action in New York federal court alleging violations of the “tip credit” provisions of the Fair Labor Standards Act and various state laws.
  • Secured a Rule 12(b)(6) dismissal of FMLA and ADA claims brought against pharmaceutical company, avoiding potentially more than a hundred thousand dollars in discovery costs.  Mazeau v. SHPS Acquisition Corp., 2015 WL 1309469 (D. Ariz.).

Other business litigation:

  • Successfully defended one of the world’s largest money-transfer companies in a multimillion-dollar lawsuit brought by a California agency claiming that the client had breached a bank-recruitment agreement by failing to renew its relationship with a Nigerian bank.  Progeny Ventures, Inc. v. Western Union Financial Services, Inc., 752 F. Supp.2d 1127 (C.D. Cal. 2010). 
  • Coordinated and successfully prosecuted state-wide preliminary and permanent injunction actions against an international union and its ally groups in seven different states in response to repeated trespasses and nuisance conduct inside hundreds of retailer’s stores and on its private parking lots and sidewalk areas; defeated motions to dismiss the state law tort claims based on alleged preemption by the National Labor Relations Act, and presently handling the appeals of those orders in each of the respective states.
  • Obtained summary judgment and six-figure fee award for commercial developer and its managing members in a breach of contract and breach of fiduciary duty derivate action brought by dissenting LLC member after developer successfully navigated real estate crisis in Arizona with minimal losses.
  • Represented corporation with a massive, nationwide fleet of 18-wheelers in a negligence action brought against multiple defendants (including the laboratory, the physician who verified the test, and the medical clinic that collected the urine specimen) by a former truck driver who was discharged after he failed a DOT-mandated random drug test.

Appeals:

  • Successfully represented an insurer and a law firm it retained to represent its insureds in convincing the Arizona Court of Appeals to vacate the trial court’s order requiring the insurer to pay expert witness fees to treating physicians designated as expert witnesses, and also to vacate the trial court’s finding that insurer had acted in bad faith.  Kirsten v. Smith, 2011 WL 5066581 (Ariz. App. Oct. 25, 2011). 
  • Represented judgment creditor in lien-priority dispute involving equitable subrogation and the homestead exemption.  Sourcecorp, Inc. v. Norcutt, 227 Ariz. 463, 258 P.3d 281 (App. 2011).  On remand by the Arizona Supreme Court,Mr. Janicik convinced the trial court that the judgment lien had been tolled during the pendency of the dispute, allowing for settlement of the underlying amounts owed.
  • Represented large grocery chain before U.S. Court of Appeals for Ninth Circuit, which upheld confidentiality protections for personnel information subpoenaed by the EEOC as part of its investigation into a Commissioner’s Charge alleging national origin discrimination in grocer’s hourly pay matrices. EEOC v. Bashas’ Inc, 585 Fed. Appx. 325 (9th Cir. 2014).
  • Successfully enforced fraud judgment on behalf of a document-management company against one of its former executives, including payment by the executive’s new employer of deficiencies in past withholdings and the executive’s turning over of $125,000 in case from his safe. Sourcecorp, Inc. v. Shill, 206 Cal.App.4th 1054 (2012).
  • Successfully represented an employer in establishing a one-year statute of limitations for all employment contract claims, which had been a subject of hot dispute in Arizona.  Redhair v. Kinerk, Beal, Schmidt, Dyer & Sethi, P.C., 183 P.3d 544 (Ariz. App. 2008). 
  • Successfully defended on appeal a summary judgment order dismissing former employee’s Title VII, ADA, retaliation and other related claims. Hayes v. Wal-Mart Stores, Inc., 551 Fed. Appx. 333 (9th Cir. 2013).

Pro bono:

  • Represents a local charity dedicated to educating parents and school administrators about destructive youth behaviors, including drug and alcohol abuse, bullying, and internet use.  Mr. Janicik has advised on corporate-governance issues and general litigation matters, drafted workplace policies on drug testing and conflicts of interest, and prepared executive employment agreements. 
  • Represented foreign nationals seeking asylum or citizenship in the United States, both in the lower courts and the US Court of Appeals for the Ninth Circuit.  Friend v. Holder, 714 F.3d 1349 (9th Cir. 2013).

Noteworthy

  • Adjunct professor, Public Agency Management Program, Northern Arizona University
  • Awarded Air Force Commendation Medal and Achievement Medal
  • Appellate Section CLE Faculty Member, “Emerging Trends in the Arizona Court of Appeals,” Arizona State Bar

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Professional Affiliations

  • Judicial Division, Council of Appellate Lawyers, American Bar Association
  • Arizona Justice Educators Association