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


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.


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.


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 25 years of practice. He advises clients through every phase of conflict resolution from pre-litigation negotiations, to bench and jury trials in state, federal, and bankruptcy 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 state, federal, and bankruptcy courts of Arizona and Nevada, the 9th Circuit Court of Appeals, and the United States Supreme Court.

Brian is a Judge Pro Tempore for the Maricopa County Superior Court and serves as a mediator and arbitrator in various civil litigation matters.

Brian is a recipient of the Martindale-Hubbell Service’s rating of “AV Preeminent,” the highest possible rating for both legal ability and ethical standards, and has been included in the 5% of lawyers honored as “Southwest Super Lawyers.”


  • 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


  • Member of the Defense Research Institute
  • Former member of the Board of Directors of the Maricopa County Bar Association, Arizona Association of Defense Counsel, 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.


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


  • 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.


  • 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


  • 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.


  • 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


  • 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

Kevin Kasarjian

Kevin is a skilled litigator with over 20 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.


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


  • Graduate of the Arizona Builders Alliance Leadership Development Forum

Andrew Yancey

Andrew’s practice focuses on land use and entitlement matters. He handles a variety of zoning, regulatory, environmental compliance, and due diligence issues and always seeks to add value for his clients while advocating on their behalf. He has represented clients before local and state agencies and has experience with appeals and other challenges to project approvals before various adjudicative bodies. Andrew has led teams of consultants in preparing complex environmental reports to comply with legal requirements. Andrew’s practice also includes a variety of real estate, transactional, and litigation matters.

Andrew practiced in California for six years before moving back to Arizona. In law school, Andrew was an articles editor for the UCLA Law Review and president of his graduating class. Prior to law school, Andrew worked in Phoenix on political campaigns and in the construction industry. He also worked in the Washington D.C. offices of two members of Congress handling a variety of legislative and communications issues.


  • J.D., UCLA School of Law, where he was Articles Editor of the UCLA Law Review
  • Bachelor of Arts Degree in Political Science from Davidson College, where he was a Terry Scholar and graduated with honors in Political Science


  • Urban Land Institute
  • Valley Partnership

Dan Goldschmidt

Dan has served clients as a litigation, investigations and compliance lawyer for more than 20 years.  Prior to relocating to Phoenix, Dan practiced with international law firms in New York, London and Tokyo.  He also served as in-house counsel to two multinational corporations based in Belgium and the Netherlands.

Dan’s time as an in-house lawyer taught him the importance of offering cost-effective and commercially-minded advice, which continues to guide his practice today.  Similarly, Dan’s experience practicing across multiple jurisdictions, including abroad, gives Dan a unique perspective on handling complex disputes.


  • J.D., Yale Law School
  • Bachelor of Arts Degree in American Studies and Psychology from Yale University


Fae Sowders

Fae’s practice areas are focused on the fields of land use and entitlement matters.  She has handled a variety of zoning, due diligence, and regulatory issues in cities and counties throughout the state.  Her experience also includes representing various cannabis-related businesses with respect to zoning and land use approvals, including re-zoning, variances, special land use permits and related land use appeals.

Fae’s practice also encompasses counseling foreign nationals and employers regarding non-immigrant and immigrant visas, including providing guidance on I-9 compliance and audits.  For over 15 years, Fae has successfully advocated and litigated for clients in front of federal and state courts as well as various federal and state agencies.


  • J.D. cum laude, from The Catholic University of America, Columbus School of Law
  • Bachelor of Science Degree in Zoology; and a Bachelor of Arts in Spanish from The University of Texas at Austin


  • Member of AILA – American Immigration Lawyers Association
  • Member of PEO – Philanthropic Educational Organization
  • Board Member of The National Charity League – Parliamentarian

Tony Napolitano

Tony is a civil litigator with broad experience representing private and governmental clients in business, civil rights, and injury lawsuits. Tony served as an Assistant Attorney General in the Arizona Attorney General’s Office from 2018-2022, where he worked in the Solicitor General’s Office, focusing on Appeals and Constitutional Litigation. He has worked on and led challenges to federal and state statutes and regulations in both state and federal courts, including matters involving the First, Second, Fourth, Fifth, Eighth, and Fourteenth Amendments to the U.S. Constitution, argued in the Arizona Court of Appeals, and written briefs filed before the U.S. Supreme Court. He has experience in administrative law, bringing challenges under the Administrative Procedure Act on behalf of public and private clients, and has also engaged in matters involving the Class Action Fairness Act, Prison Litigation Reform Act, and Energy Policy and Conservation Act, among others. Prior to the Attorney General’s Office, Tony represented private business clients in California and the Washington, D.C., area in contract disputes, corporate governance disputes, and product liability cases. He also has experience in local government matters, litigating zoning issues and having served as a lead on the Attorney General’s Open Meeting Law Enforcement Team.


  • J.D., University of Virginia School of Law, where he was an Editor on the Virginia Law Review
  • Post Baccalaureate Certificate in Medical Physiology, Medical College of Virginia
  • Bachelor of Science in Ecology and Evolutionary Biology; minor in Political Science, University of California, Los Angeles


  • The Federalist Society, Phoenix Lawyers Chapter

Quinne Daoust

Born and raised in Phoenix, Quinne joined BFSO as an associate after recently receiving her juris doctorate from Arizona State University. Throughout her law school tenure, she developed an interest in local governance and land development through internships at the Arizona State Legislature, the City of Phoenix Attorney’s Office, the Salt River Project, and the Natural Resouces Division of the Arizona Attorney General’s Office. Quinne not only excelled in the classroom, but also as a collegiate volleyball player at Lee University.

Quinne assists on a variety of land use and entitlement matters, reviewing complex development agreements and state and local development requirements to secure project approvals across the state. She was also recently awarded a Fulbright Fellowship to pursue publication of her research project titled “Comparing U.S. and Israeli Regulatory Models for Water Desalination Treatment,” which aims to identify efficient mechanisms within Israel’s approach to water desalination for incorporation in the U.S.


  • J.D. from Arizona State University
  • Bachelor of Arts Degree, Magna Cum Laude in English Literature, from Lee University, Cleveland, Tennessee


  • 2024 Valley Partnership Advocates Program
  • Adjunct Fellow, American Security Project
  • NCAA Division II Women’s Volleyball Athlete – Lee University, 2017-2019


  • bfso_staff

    Tracy Vick

    Office Manager

  • bfso_staff

    Shelly Curry


  • bfso_staff

    Adam Pruett

    Development Manager

  • bfso_staff

    Lauren Trobaugh

    Development Coordinator

  • bfso_staff

    Mitchell Willard


  • bfso_staff

    Caleb Weeks




Billing Department 602.888.7861
Front Desk 602.888.7869
Brian M. Bergin 602.888.7857
Ken Frakes 602.888.7858
Michael Smalley 602.888.7859
Carolyn Oberholtzer 602.888.7860