Related Practices

Education

J.D., Yale Law School, 2000
B.S., Political Science and History, summa cum laude, Arizona State University, 1997

Bar Admissions

Arizona, 2000

Clerkships

Justice Ruth V. McGregor, Arizona Supreme Court, 2000-2001
Hon. Mary M. Schroeder, U.S. Court of Appeals, Ninth Circuit, 2001-2002

Kimberly A. Demarchi

Partner

vCard

Phoenix

40 North Central Avenue
Suite 1900
Phoenix, Arizona 85004

Phone 602.262.5728

Fax 602.734.3773

About Kimberly Demarchi

Ms. Demarchi is a partner in the firm’s Litigation Practice Group, where she represents public, private, and non-profit clients in civil appeals and in the litigation of complex matters. She represents clients at all stages of litigation, with a particular emphasis on litigating complex motions, advising clients and trial counsel on how to preserve and position issues for appeal, and briefing and arguing appellate cases. Ms. Demarchi also assists clients in obtaining time-sensitive relief from the court system, including temporary and preliminary injunctive relief, interlocutory and expedited appeals, and special actions.

A substantial part of Ms. Demarchi’s practice involves issues of public law, including representing state, local, and tribal governments in administrative and court proceedings and advising a wide range of clients on compliance with campaign finance, election, and lobbying laws. Her election-law clients include candidates; individual contributors; political party organizations and clubs; independent expenditure committees; ballot measure sponsors, supporters, and opponents; corporate, union, and membership organization PACs; and nonprofit organizations.

Representative Cases/Matters

Represent public and private clients in state and federal court appeals at all levels and a wide range of substantive areas, including state and federal constitutional law, federal Indian law and the Indian Gaming Regulatory Act, attorney-client privilege, contractual rights and the priority of security interests, insurance coverage, mechanics liens, tort claims, public contracts and procurement, and employment termination cases.
Obtain special and expedited relief from appellate courts, including expedited appeals, discretionary, and interlocutory review.
Obtain expedited relief from trial courts, including injunctions against harassment and workplace harassment, temporary restraining orders and preliminary injunctions, and special action orders (certiorari, mandamus, and prohibition) in Arizona state court.
Represent public and private clients in trial courts, developing a factual record through discovery, litigating complex case-dispositive motions, and trying cases to judges and juries. Subject matter areas include contractual obligations, tort liability, professional ethics, covenants not to compete, and intellectual property rights.
Represent public and private clients in administrative proceedings including appeals before the Office of Administrative Hearings, procurement disputes before public agencies, and proceedings before the NCAA Committee on Infractions.
Advise public entities on their obligations under public records and open meeting laws and advise private entities on obtaining information from public entities through public records requests.
Advise nonprofit and citizen groups regarding lawfulness of expenditures to influence elections and legislative action, including registration, reporting and fundraising requirements as well as corporate formation and recognition of tax-exempt status.
Draft proposed legislation for passage through the legislature or by citizen initiative.
Advise clients on requirements of petitions support candidate or ballot measure campaigns; challenge or defend sufficiency of petitions filed.

Memberships and Affiliations

Arizona Women Lawyers Association, President, 2012
School of Government and Public Policy, University of Arizona, Spring 2012
State Bar of Arizona, Access to Justice Task Force, 2011
Appellate Practice Section of the State Bar of Arizona, Chair, 2010-11
Rules of Professional Conduct Committee of the State Bar of Arizona, Member 2005-present, Vice-Chair 2011-present
Arizona Center for Civic Leadership, Flinn-Brown Civic Leadership Academy, Flinn-Brown Fellow, Spring 2011 (Inaugural Class)
American Law Institute, Elected Member
Arizona Town Hall, Research Committee
American Bar Association Council of Appellate Lawyers, Website Coordinator
Phoenix College Community Choir, Member
Sandra Day O'Connor College of Law at Arizona State University, Adjunct Professor, Spring 2010
Phoenix School of Law, Adjunct Professor, Fall 2008
School of Justice and Social Inquiry at Arizona State University, Faculty Associate, 2005-2006
Community Legal Services, Board Member, 2004-2007
Central High School Mock Trial team, Attorney Coach, 2002-2005

Publications

“Election Process and Procedure,” Arizona’s Government: The Next 100 Years, 2010 (briefing book for the 97th Arizona Town Hall)
“Election Campaign Funding After Citizens United,” Arizona Attorney, 2010
“Arizona State Law Resources,” Alliance for Justice, 2007, 2010
Co-Author, “Direct Democracy and Indirect Regulation: The Brewing Conflict Between Federal Campaign Finance Law and State Ballot Measure Campaigns,” William Mitchell Law Review, 2008
Co-Author, “Strategies for Litigating Computer Software Copyright Claims,” Litigation, Fall 2007

Speaking Engagements

Ethics of Appellate Advocacy and Model Argument, Appellate Practice Institute, State Bar of Arizona, April 2012
Corporate Political Involvement, Arizona Corporate Counsel Forum, April 2012
Appellate Litigation: Foundations, Arizona Foundation for Legal Services and Education, April 2012
Arizona Supreme Court Review, May 2011, April 2012
Trends in State and Local Election Law: Planning for the Future, American Bar Association State and Local Government Section Fall Meeting, September 2011, March 2012
What Every Trial Lawyer Should Know About Appeals, Maricopa County Bar Association, March 2012
Annual Construction Law Update 2012, State Bar of Arizona Construction Law Section, February 2012
Taking Your Cause Public: Direct and Grassroots Lobbying by Foundations, CASE Conference for Institutionally Related Foundations, April 2011
Redistricting: How Did We Get Here?, State Bar of Arizona CLE program on Legislative Redistricting, March 2011
Developments in Election Law and Corporate Advocacy, State Bar of Arizona Business Law Section, April 2010
Ethics of Appellate Advocacy, Appellate Practice Institute, State Bar of Arizona, February 2010
Civil Case Update, State Bar of Arizona CLE program, Working with the Court of Appeals, November 2010
Obligations of Public Employees, Law for the University Administrator Workshop, Arizona State University, October 2010
State Bar Election Law Bi-Annual CLE, April 2008, March 2010, April 2012
Arizona Advocacy Overview, Alliance for Justice Worry-Free Advocacy Training, October 2007, May 2009
Voting Procedures, New Appellate Rules, Ethical Issues in Election Law, Election Law in Arizona, Lorman Education Services, September 2007
Discovery and Investigation, Minority Legal Writing Program, March 2007, February 2008, March 2010
Election Protection Training, Arizona Democratic Party, October/November 2006, October 2008, October 2010
Arizona Campaign Finance Law Basics, EMILY’s List, 2005
Religion and the Schools: The Latest Issues and Cases, Arizona School Boards Association Conference, 2004 (with Lynne Adams and David Garner)
IDEA’s Reauthorization and Its Interaction with the No Child Left Behind Act, 2004

Court Admissions

U.S. Supreme Court
U.S. Court of Appeals, Ninth Circuit
U.S. Court of Appeals, Fifth Circuit
U.S. District Court, Arizona

Other Distinctions

Ms. Demarchi is an “AV” rated attorney by Martindale-Hubbell. She received the 2008 Judge Learned Hand Emerging Leadership Award from the American Jewish Committee for her commitment to the values of public and community service.

Ms. Demarchi is listed in the 2012 and 2013 editions of Southwest Rising Stars in the category of Appellate, and is named a 2012 Top 50 Pro Bono Attorney in Arizona by the Arizona Foundation for Legal Services and Education. She is listed in the 2013 edition of The Best Lawyers in America®, by Woodward/White, Aiken, S.C. in the category of Appellate Law.