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Trusted. Experienced. Advocates.

At Bergin, Frakes, Smalley & Oberholtzer, we put more than 50 years of experience in real estate and development, commercial transactions, and civil litigation to work for you. Providing trusted, reliable counsel, our attorneys have the knowledge and commitment to help you accomplish your goals and protect your interests. BFSO lawyers are committed to responsive, timely and strategic advice when developing solutions to your legal issues. When you hire BFSO, you can count on experienced Arizona-based advocates who are committed to your success.

Practice Areas

Litigation

The firm’s litigators effectively represent its clients in a wide array of commercial disputes. They render sound advice and provide superior advocacy in every phase of litigation, from pre-litigation negotiation to appellate work. Their approach is business-oriented and solutions-driven, designed to achieve results in the most cost-effective and efficient manner possible. BFSO’s litigators practice in Arizona and Nevada, including the Arizona Court of Appeals, Arizona Supreme Court, Arizona District Court, United States Bankruptcy Court, Ninth Circuit Court of Appeals, and the United States Supreme Court.

Land Use

BFSO is your partner and advocate in municipal and county land use and entitlement matters. With decades of private and public-sector experience, our attorneys are equipped to navigate local jurisdictions and committed to getting your project entitled, permitted, financed and constructed in a timely and cost-effective manner. Our practice areas include, but are not limited to, master-planned community development, large-scale retail and employment projects and applicable use interpretations with respect to land use restrictions, exactions, zoning variances and exemptions, platting, and easements.

Transactional

Whether you are an individual, a small business or a national corporation, BFSO can advise and assist you in all aspects of your commercial transactions. From the acquisition and disposition of real property and business assets, to commercial leasing, corporate structure and governance, tax planning, and finance, BFSO is dedicated to providing its clients with the sound advice and service necessary to accomplish their unique business objectives.

Attorneys

Brian M. Bergin

Highly regarded as one of Arizona’s most effective civil litigators, Brian has represented individuals, insurers, banks, small and large businesses, governments and public servants in his over 20 years of practice. He advises clients through every phase of conflict resolution, from pre-litigation negotiations, to bench and jury trials in state and federal courts and through the appeal process. He advocates client cases before various governmental agencies in administrative hearings and frequently guides clients through arbitration, mediation and other alternative dispute resolution proceedings. Brian is admitted to practice in the courts of Arizona and Nevada, the 9th Circuit Court of Appeals and the United States Supreme Court. He is a recipient of the Martindale-Hubbell Service’s rating of “AV Preeminent”, the highest possible rating for both legal ability and ethical standards.

Education

  • J.D., Cum Laude, from Arizona State University College of Law, where he was Articles Editor of the ASU Law Journal and a Pedrick Scholar
  • Bachelor of Science Degree in Finance and Real Estate from the University of Arizona

Associations

  • Member of the Board of Directors of the Arizona Association of Defense Counsel
  • Member of the Defense Research Institute
  • Former member of the Board of Directors of the Maricopa County Bar Association and 1st Way of Maricopa County, Inc.
  • Affiliated Attorney with the Alliance Defending Freedom

Ken Frakes

Ken focuses on commercial disputes arising out of contract claims and commercial torts, including claims related to professional liability, construction law, partnership disputes, insurance defense, and collections. He also has developed a constitutional practice defending civil rights claims, federal preemption of state law, and election law. Ken has participated in every aspect of the process: pre-litigation dispute resolution, mediations and arbitrations, administrative agencies, bench and jury trials in state court and federal courts, appellate work in at the Arizona Court of Appeals and the Ninth Circuit Court of Appeals, and filed an Amicus brief in the United States Supreme Court. Ken is also well versed in issues related to raw land development.

Ken’s approach is business-minded and solutions oriented. Not only do his clients benefit from strong advocacy skills that he developed over years of litigation, but they also benefit from sound business advice, which is grounded in his experience as the former general counsel to a large land investment company – where he handled hundreds of millions of dollars in real estate transactions, managed several business organizations and partnerships, and dealt with commercial issues that confront business people on a daily basis.

Education

  • J.D. from Arizona State University
  • Master’s degree in Philosophy from Tufts University
  • Bachelor Degree from the University of Arizona

Associations

  • Vice Chair, The Ronan Thompson Foundation
  • Former Executive Counsel Member of the Boys & Girls Club of Metropolitan Phoenix
  • Served on Governor Napolitano’s Council for Small Business
  • Former Board Member of the University of Arizona Hispanic Alumni Association
  • Former Precinct Committee Person for District 11, Maricopa County
  • Former Public Member of the Enforcement Advisory Committee of the Arizona State Board of Technical Registration

Michael Smalley

Mike has handled a variety of transactional real estate, tax and finance matters in Arizona and California. He has represented hundreds of businesses and individuals with respect to the legal, tax and financial consequences of entering contractual relationships, negotiation and drafting of both simple and complex contracts for the acquisition and disposition of real property, commercial projects and business assets, along with negotiation and drafting of both ground and retail leases on behalf of tenants and landlords. Mike has become a trusted advisor to his corporate clients on issues involving corporate governance and structure, and has effectively guided his clients through the state, local and federal tax pitfalls inherent in any operational decision. In addition, Mike has represented business owners and individuals, as well as local and national lenders in a variety of financing transactions, including workouts and modifications, traditional and hard money lending, loan refinance and assumption, along with renewable energy and transportation infrastructure financing.

Education

  • J.D. 2000, LL.M. Taxation 2001, University of San Diego School of Law, San Diego, California
  • Bachelor of Arts Degree, Political Science, University of California San Diego – La Jolla, California

Associations

  • Member of the Board of Managers for the Scottsdale/Paradise Valley YMCA

Carolyn Oberholtzer

Carolyn practices in the fields of land use and municipal law, and handles zoning, due diligence, development agreements and regulatory issues within municipalities and counties throughout the state. Carolyn served as Assistant City/Town Attorney for Avondale and Fountain Hills, Arizona from 2002-2004. Since her time with the municipalities, she has handled the rezoning of thousands of acres spanning many jurisdictions – including the negotiation of complex pre-annexation development and incentive agreements and the creation of special taxing districts to finance project infrastructure – for some of the largest master-planned communities and commercial projects in the state.

A third-generation Arizonan from Tucson, Carolyn is committed to the local community through several charitable organizations and is an avid University of Arizona basketball fan.

Education

  • J.D. from Arizona State University College of Law, where she was a Pedrick Scholar
  • Bachelor’s Degree from the University of Southern California, where she graduated from the Annenberg School of Communications with honors

Associations

  • Secretary of the Board of Directors for Valley Partnership, a local development advocacy association
  • Urban Land Institute, Membership Committee, Women’s Leadership Initiative Steering Committee, and Urban Plan volunteer
  • Secretary of the Board and Past Chair, The Ronan Thompson Foundation, a public charity devoted to pediatric cancer research and awareness
  • Blue Blazer Squadron Volunteer, supporting the men, women and families of Luke Air Force Base
  • 2012 Class of Honorary Commanders at Luke Air Force Base

Donna Catalfio

Donna has over a decade of experience assisting clients that range from start-ups to Fortune 500 companies with both litigation and transactional needs. Her practice has focused on all areas of intellectual property, including trademarks, patents, copyrights and trade secrets. She has litigated intellectual property disputes in both state and federal courts all over the country, as well as before the Trademark Trial and Appeal Board. She also has substantial experience both prosecuting and defending commercial disputes that involve issues of breach of contract, restrictive covenants, unfair competition, cybersquatting and false advertising.

Donna routinely counsels clients on intellectual property protection and manages intellectual property portfolios. She provides freedom to operate and clearance opinions for clients seeking to avoid claims of intellectual property infringement, and files and secures federal trademark registrations. Donna has significant experience negotiating and drafting all forms of contracts and commercial agreements, including licenses, master services agreements, software as a service agreements, manufacturing agreements, supply agreements, distribution agreements, vendor and professional services agreements, and development agreements. Her broad background in providing legal services to businesses also includes counseling clients on compliance with advertising regulations, particularly as they relate to social media, in addition to the application of federal data protection and privacy laws and the laws of all 50 states to her clients’ business practices.

Education

  • J.D., Magna Cum Laude, from Arizona State University College of Law, where she graduated at the top of her class, served on the ASU Law Journal, and received awards including Pedrick Scholar, Order of the Coif, and the John S. Armstrong Award
  • Bachelor of Science Degree in Chemical Engineering, with a double minor in Chemistry and Environmental Engineering, from Louisiana State University, graduating with honors

Associations

  • Former Chairman, Vice Chairman, Secretary and Member of the Board of Directors of Valley Youth Theatre, Phoenix, Arizona

Kevin Kasarjian

Kevin is a skilled litigator with over 15 years of experience representing companies and individuals in commercial and construction litigation, contract negotiation and drafting, professional malpractice defense, complex business litigation, and insurance coverage disputes. He regularly counsels clients regarding day-to-day business and legal compliance matters and is regarded as a go-to advisor who offers clients practical solutions to complex problems. Kevin represents small and large businesses throughout varied industries. He has extensive experience representing general contractors, subcontractors, design professionals, owners, developers, and sureties with public, private, commercial, and residential construction disputes. He manages all aspects of litigation in state and federal court, mediation and arbitration, administrative hearings, and appellate proceedings. Kevin also handles a variety of transactional matters involving the drafting and negotiation of corporate documents and contractual agreements. He is a recipient of the Martindale-Hubbell Service’s rating of “AV Preeminent”, the highest possible rating for both legal ability and ethical standards.

Education

  • J.D. from UCLA School of Law, Los Angeles, California
  • Bachelor of Arts Degree, Magna Cum Laude, from Lafayette College, Easton, Pennsylvania

Associations

  • Graduate of the Arizona Builders Alliance Leadership Development Forum

Bradley Scott

Bradley Scott practices in a wide variety areas for BFSO, from civil litigation to transactional and corporate governance, to land use and municipal law. Bradley implements a solutions-based approach grounded in his entrepreneurial spirit and endeavors, real world experience, mediation training, and business and law education.
Bradley has experience in business startup, ownership, and management and is a managing member of two local businesses. Prior to earning his Juris Doctor, Bradley was Sales Account Manager for a large technology solutions company providing a wide array of business solutions for medium to large businesses. Additionally, Bradley worked many years in the restaurant industry as a manager, trainer, and server.

In law school, Bradley received the highest distinction for his Pro Bono service, and a Certificate in Law, Science and Technology with a specialization in Intellectual Property. He also completed his mediation training through the Lodestar Mediation Clinic.

Education

  • J.D. December 2013, from Arizona State Sandra Day O’Connor College of Law
  • Bachelor of Science Degree in Finance from Arizona State University’s WP Carey School of Business, and a minor in Human Communication.

Associations

  • Wills for Heroes Volunteer
  • Modest Means Project Attorney

Staff

  • bfso_staff

    Lisa Gage

    Planning Consultant

  • bfso_staff

    Sabera Russi

    Paralegal

  • bfso_staff

    Tracy Vick

    Legal Assistant/Office Manager

Location

BFSO - BERGIN, FRAKES, SMALLEY & OBERHOLTZER

4455 East Camelback Road Suite A-205
Phoenix, Arizona 85018

Directions

Contact

Brian M. Bergin bbergin@bfsolaw.com 602.888.7857
Ken Frakes kfrakes@bfsolaw.com 602.888.7858
Michael Smalley msmalley@bfsolaw.com 602.888.7859
Carolyn Oberholtzer coberholtzer@bfsolaw.com 602.888.7860
Donna Catalfio dcatalfio@bfsolaw.com 602.888.7869
Kevin Kasarjian kkasarjian@bfsolaw.com 602.888.7870
Bradley Scott bscott@bfsolaw.com 602.888.7864