Rebecca N. Cain

Partner

  • Office Contact Info
  • Biography

    Rebecca Cain is a Partner in the Phoenix office of Gordon & Rees and is a member of the Commercial Litigation, Retail & Hospitality, Trucking & Transportation, Employment, and Class Action practice groups.

    Ms. Cain’s experience in litigation management and practical problem solving allows clients to focus on what’s important: running their business. Her trial experience and background in accounting and business provide her insight into the difficult challenges clients face when dealing with litigation. Ms. Cain draws on this experience to work with clients to implement a litigation strategy that supports their business objectives and needs.

    She is committed to delivering personalized results, handles all stages of litigation and has significant experience and success in the following areas:

    • Early case assessment, including identifying issues and evaluating likely outcomes
    • Simplifying complex factual and legal issues for presentation to judge or jury
    • Developing comprehensive, yet efficient, discovery plans
    • Mediation and settlement negotiations
    • Trials to the court, to a jury, or to arbitrators
    • Defense of class actions at both the pre- and post-certification stages, including successfully advocating for class decertification

    Prior to Gordon & Rees, Ms. Cain was a commercial litigation shareholder in the Phoenix office of an AmLaw100 law firm.

    Admissions

    Arizona
    U.S. District Court, District of Arizona

    Memberships

    Arizona Association of Defense Counsel
    American Bar Association
    Arizona Center for Law in the Public Interest

    • Board of Directors, 2010-2012

    Arizona Women Lawyer’s Association
    Defense Research Institute

    • Women in the Law Committee
    • Trucking Law Committee
    • Retail and Hospitality Committee

    Liberty Project

    • Co-Founder

    Maricopa County Bar Association

    Community Involvement

    Liberty Project

    • Co-Founder
  • Practice Areas
  • Representative Experience
    • Obtained order decertifying nationwide class of more than 80,000 drivers in defense of nationwide motor carrier on claim that carrier had miscalculated driver pay in breach of the covenant of good faith and fair dealing.
    • Obtained largest punitive damages award in Arizona in 2014 in personal injury case for emotional distress.
    • Obtained third highest jury verdict in Arizona in 2014 in personal injury case for emotional distress.
    • Successfully negotiated favorable settlement on hospitality client’s counterclaim where plaintiff had claimed multimillion dollar damages for breach of contract.
    • Won a highly favorable jury defense verdict for a Fortune 500 client after a three-week trial on claims for breach of contract and breach of the covenant of good faith and fair dealing.
    • Successfully defended a breach of contract action arising from a partnership dissolution where, after a week-long trial, the jury awarded only 10 percent of the plaintiff’s claimed damages, and the jury’s damage award was later thrown out by the court on a defense motion.
    • Won dismissal with prejudice on a motion to dismiss in a securities fraud case alleging multi-million dollar damages.
    • Negotiated a favorable settlement on behalf of a national telecommunication company in a breach of contract dispute involving claims of fraud and conspiracy.
  • Publications & Presentations

    Presentations

    • Class Action Law Update, Polsinelli Business Law Institute, May, 2017

    Publications

    • Co-author, Supreme Court to Address Social Media and the First Amendment, Maricopa Lawyer, October 2014
    • Co-author, Keeping Your Secrets, Secret, AZ Business Leaders, May 2013
    • Co-author, Choice of Law and the Covenant of Good Faith and Fair Dealing, DRI, February 2013
    • Court of Appeals Decision Casts Doubt on Development Incentives, Arizona Municipal Risk Retention Risk Review, Spring 2009
    • Court Ruling Limits Concept of Governmental Immunity, Arizona Municipal Risk Retention Risk Review, 2009
  • Education

    Education

    J.D., Arizona State University-Sandra Day O'Connor College of Law, 2007

    B.B.A., Accounting, Gonzaga University, 2004

    Honors

    Southwest Super Lawyers Rising Star for Business Litigation, 2013-2018