Scott Theobald is a Partner in the Phoenix Office of Gordon & Rees, where his practice focuses on domestic and international corporate, securities and commercial transactions, corporate governance, real estate, and resolution of complex business disputes. During a career spanning nearly three decades, Mr. Theobald successfully has negotiated a wide variety of business deals and resolved disputes on behalf of corporate clients ranging from Fortune 500 companies to high-tech startups. He has a well-deserved reputation for creativity and innovation and, as a former engineer, he brings tremendous attention to detail to bear in every representation. He has deep practical experience with clients in a broad range of industries, including manufacturing, health care, real estate development, media and entertainment, public utilities, computer hardware and software, import/export, agriculture, environmental, high-technology, and financial and professional services, among others.
A native of Salt Lake City, Mr. Theobald received his undergraduate education at the University of Utah, where he earned a Bachelor of Science degree in Civil Engineering and a Bachelor of Arts degree in Spanish, both magna cum laude. Mr. Theobald was employed as a civil/structural engineer with the Bechtel Group—one of the largest engineering and construction companies in the world—at its San Francisco headquarters. He received JD and MBA degrees from Columbia University in the City of New York, where his legal studies were concentrated in corporate, securities and international law, and on the business side, in corporate finance and financial accounting. He served as Managing Editor of the Columbia Business Law Review.
After completing his education, Mr. Theobald joined the venerable Phoenix law firm of Brown and Bain, becoming a partner in its corporate group a little more than five years after graduating law school. One of his principal clients for many years was a premier global industrial and natural resource company. Theobald served as outside corporate counsel to the conglomerate—acting as lead counsel in many of its merger & acquisition matters in Latin America, on numerous large contracts for mining equipment and bulk chemical purchases, and in joint ventures involving other Fortune 500 industrial companies. Theobald also monitored and helped manage the client’s worldwide litigation matters. Being fluent and literate in Spanish, and having resided in several Latin American countries, Theobald came to represent a variety of US and European clients engaged in acquiring businesses, manufacturing facilities and real property in Mexico and Central and South America. He has handled dozens of significant corporate transactions in Mexico alone, including a variety of resort and real estate financing transactions there; and he led a trade mission to Mexico City with the CEOs of 50 major American corporations, in meetings with the President of Mexico and the Secretary of Commerce, among others.
Mr. Theobald has represented a number of emerging growth companies, whose businesses often involve software applications and other means of commercializing the Internet. Medical device and biotechnology companies also have been a mainstay of his practice. Typical engagements have included fast-paced financing transactions (typically structured as "Regulation D" private securities offerings); strategic acquisitions; private equity and venture capital fund investments; and executive compensation. One of Mr. Theobald’s emerging growth clients grew in only eight years from a “startup” to become a New York Stock Exchange-traded company with a market capitalization of nearly US $1.5 billion. Theobald incorporated and advised the company during its early financing rounds while a name partner at the 15-lawyer securities and real estate boutique law firm he co-founded in Phoenix. He also co-founded a boutique M&A advisory firm, which remains the premier institution of its kind in the Southwest. More recently, Mr. Theobald has defended clients in investigations and enforcement actions brought by the Arizona Corporation Commission and, currently, he serves as outside general counsel for medical device companies located in Arizona and California, and for several large real estate investment partnerships.
Arizona Supreme Court
U.S. District Court, District of Arizona
U.S. Court of Appeals, Ninth Circuit