Sherry Janssen Downer DIRECTOR (520) 879-6852 sdowner@fclaw.com Ms. Downer helps her clients navigate complex business problems and employment issues. She practices in the areas of employment and labor law, commercial and business litigation, and professional liability. Ms. Downer represents companies in litigation before courts and administrative agencies on a variety of business and employment disputes including discrimination, harassment, wage and hour, non-competition and trade secrets, commercial disputes, and contract and tort claims. She advises companies on employment issues, drafts policies, conducts employee and management level training and internal investigations, and regularly writes and speaks about employment matters. Ms. Downer has served as an Adjunct Professor at the University of Arizona, James E. Rogers College of Law teaching employment topics and serves on the Society for Human Resources of Greater Tucson s (SHRM-GT) Legislative Update committee. Her peers recognized her as a 2013-2015 Southwest Super Lawyers Rising Star in Employment Litigation: Defense, as one of the Best Lawyers In America 2014-2016 in the area of Employment Law-Management, and rated her AV-Preeminent, the highest Martindale-Hubbell peer rating available. The Arizona Daily Star and Hispanic Chamber of Commerce named Ms. Downer to the 2013 40 Under 40 list of leaders, and Inside Tucson Business recognized Sherry in its 2013 Women of Influence list of 10 inspirational women and as a 2014 Up & Comer. The Governor recently appointed Ms. Downer to the Pima County Commission on Trial Court Appointments, the committee that recommends candidates for Pima County Superior Court Judge to the Governor for appointment. Ms. Downer's commercial litigation practice includes litigating a variety of business disputes, and contract and tort claims on behalf of corporate clients. Ms. Downer represents clients in complex construction and development litigation and has been involved with a number of construction-related organizations since 2007. Ms. Downer has served as a member of the Southern Arizona Home Builders Association (SAHBA) Advisory Council, and served as the legal chair for the Arizona Builder s Alliance, Southern Division from 2007 to 2012 and former legal chair for the Cornerstone Building Foundation. She has successfully defended and obtained dismissals for professionals, including attorneys, doctors, and architects against professional malpractice claims. Ms. Downer s practice includes working in the mining industry, defending mining companies in arbitration and litigation, conducting supervisor training, and investigating and defending harassment, discrimination, whistleblower, and wrongful termination. Ms. Downer is an active member of the Tucson community, serving on the Tucson Metro Chamber s Board of Directors and chairing its Government Relations Committee. She is a former chair of the Chamber s Candidate Selection Committee and participated in the Chamber s Business Expansion and Retention project to help retain and attract businesses to Tucson. She is a member of the Greater Tucson Leadership class of 2014 and the Emerging Leader s Council. Ms. Downer is a former member of the Primavera Cooks! Committee, helping to organize and support a series of fundraising dinner events for the Primavera Foundation, a former member of the Catholic Community Services Board and Human Resources Committee, and a past member of the Junior League of Tucson. Practice Areas Employment and Labor Relations Business Litigation Professional Liability Articles and Presentations NLRB Employer Rules (Co-presenter with Erwin Kratz and Kristi Lundstrom), Society for Human Resource Management of Greater Tucson Employment Law Update, April 8, 2015
Ethics at a Glance for Lawyers Serving on Non-Profit Boards, Arizona Women Lawyers Association, April 2015 How To Dodge Legal Land Mines in Personnel Files, Restaurant Hospitality, February 2015 If it's Personal, it Might Not Belong in the Personnel File, Inside Tucson Business, February 2015 How To Dodge Legal Land Mines in Personnel Files, Restaurant Hospitality, February 2015 Available Remedies in Employment Cases A View from the Plaintiff and the Defendant, State Bar of Arizona, December 11, 2014 Best Employment Practices in Performance Management, Fennemore Craig Presentation, Labor & Employment Section, October 23, 2014 Best Practices and a Plaintiff s Perspective (with Ivelisse Bonilla), SHRM-GT, August 12, 2014 Employers: Time to Examine and Update Restrictive Covenants, The Chamber Edge, Spring 2014 Employment Law & Discrimination, University of Arizona James E. Rogers College of Law, Spring 2014 An Employer's Duty to Accommodate A Disability May Be Broader Than You Think, Desert Leaf, 2014 Employers: Be careful asking about cancer and other illnesses, Inside Tucson Business, June 28, 2013 Employment Discrimination, University of Arizona James E. Rogers College of Law, Spring 2013 The Best Kept Secret of the National Labor Relations Act, Southern Arizona Women Lawyers Association, November 5, 2012 Americans With Disabilities Act: How Businesses Can Avoid the Pitfalls, (Co-presenter with Ron Stolkin) Fennemore Craig Tucson Employment Law Breakfast Briefing, October 2, 2012 The Best Kept Secret of the National Labor Relations Act (Co-presenter with Barney Holtzman) Arizona Society for Human Resource Management (SHRM) Annual Statewide Conference, Phoenix, AZ, August 30, 2012 More Social Media Workplace Policies Found to be Too Broad, Inside Tucson Business, June 22, 2012 How I Learned to Stop Worrying and Love Social Media OR When Social Media Bites, Public Relations Society of America, May 22, 2012 Overly Broad Policy Could Give an Employee Protected Status, Inside Tucson Business, March 23, 2012 National Labor Relations Act and Social Media, Arizona Builders Alliance, March 6, 2012 Federal Wage and Hour Law and Recent Developments in Employee Misclassification, (Co-presenter with Barney Holtzman) Fennemore Craig Tucson Employment Law Breakfast Briefing, February 16, 2012 Employers, Beware of Restrictive Policies on Social Media, Inside Tucson Business, January 27, 2012 Guidelines to Disciplining Employees for Their Social Media Conduct, Inside Tucson Business, October 28, 2011 Social Media for Lawyers and Employers, Association of Legal Administrators, Tucson Old Pueblo Chapter, September 2011 Arizona Supreme Court Rejects Homeowners Attempt to Lengthen The Statute of Repose for Property Defect Claims, Lexology, Association of Corporate Counsel, August 2011 SB 1284 Permits Certain Registrar of Contractors Claims To Be Referred To Arbitration, Lexology, Association of Corporate Counsel, August 2011
Impact of Arizona s Medical Marijuana Act on Employers, 30-minute television segment on KTTU In Focus, July 2011 Exploring the Ethical Implications that Arise When Attorneys Use Social Media, Pima County Bar Association Continuing Legal Education, June 2011, with Carrie Pixler The Labor and Employment Climate Under President Obama and the Legalities of Building Stimulus Fund Projects, Arizona Builders Alliance, May 2009, with John Kofron HR Issues in Employee Investigations, Arizona Medical Group Management Association Seminar: Fraud, Theft and Employees in the Medical Practice, November 2008 Employment Law from A to Z, Lorman Education Services, June 2008 Immigration Compliance: How To Avoid The Business Death Penalty, Arizona Builder s Alliance (ABA), March 2008, with Matthew J. Martinez Immigration Law And How It May Affect You, Southeastern Arizona Contractor s Association (SACA), January 2008, with A. Bates Butler, III How To Keep Your License, Avoid The Business Death Penalty And Sail Into The Social Security No Match Harbor, Southern Arizona Homebuilder s Association (SAHBA), October 2007, with Matthew J. Martinez How To Keep Your License, Avoid The Business Death Penalty And Sail Into The Social Security No Match Harbor, Tucson Utility Contractor s Association (TUCA), September 2007, with Matthew J. Martinez Arizona s Minimum Wage Law and The Smoke Free Arizona Act, Fennemore Craig Labor and Employment Seminars, Spring 2007, Phoenix and Tucson Legal Complications of Percutaneous Coronary Procedures, (Co-author with Peter Akmajian), Book Chapter in yet to be published medical treatise entitled Complications of Percutaneous Coronary Interventions, by Springer-Vertag, New York Summary Judgment in the Premises Liability Case, (Co-author with Peter Akmajian), Arizona Association of Defense Counsel Newsletter (December, 2004) The Scope of Cross-Examining Experts On Their Personal Practices, (Co-author with Peter Akmajian), International Association of Defense Counsel Newsletter (October, 2002) Abolition of the Common Carrier Doctrine, ALFA International Transport Update (Fall, 2002) Professional and Community Activities Mentor, Courts Are Us, 2015 Member, Board of Directors, Tucson Metro Chamber of Commerce, 2014 Pima County Commission on Trial Court Appointments, 2014 - present Greater Tucson Leadership, Class of 2014 Chair, Tucson Metro Chamber Candidate Selection Committee Chair, Tucson Metro Chamber Government Relations Member, Tucson Metro Chamber BEAR Project, 2012 Advisory Council, Southern Arizona Home Builders Association (SAHBA), 2014
Legal Counsel, Southern Arizona Home Builders Association (SAHBA), 2008 2011 Legal Chair, Cornerstone Building Foundation, 2009 present Legal Chair, Arizona Builder's Alliance (ABA), Southern Division, 2007 -- 2012 Member, Society for Human Resource Management, Greater Tucson, 2011 -- present Committee Member, Primavera Cooks!, Primavera Foundation, 2009 present Member, State Bar of Arizona Labor & Employment Continuing Legal Education Committee Former Board Member, Catholic Community Services, HR Committee District 3 representative, Arizona State Bar Young Lawyers Division, 2007-2009 Former Board Member, Former Treasurer (2005-2008), Pima County Bar Association Young Lawyers Division Former Member and Treasurer, Toastmasters International Former Member and Committee Chair, Junior League of Tucson Former Member, Women s Active 20/30 Club of Southern Arizona Member, State Bar of Arizona Admissions Arizona, 2004 U.S. District Court, District of Arizona, 2004 Education and Honors Tucson Lifestyle Best Lawyers 2014, Employment Law - Management Up & Comers, Inside Tucson Business, 2014 Best Lawyers in America, Employment Law - Management, 2014-2016 AV Preeminent Peer Review Rated (the highest rating available), by Martindale-Hubbell Women of Influence, Inside Tucson Business, 2013 40 Under 40, Tucson Hispanic Chamber of Commerce, 2013 Southwest Rising Stars, Employment Litigation: Defense, 2013-2015 J.D., University of Arizona, James E. Rogers College of Law, 2004 B.A., cum laude, University of Arizona, 2000 Moot Court, Board Member, 2004 Jenckes Cup, winner of University of Arizona annual closing argument competition, 2003 Moot Court, semi-finalist, 2003 Richard Grand Damages Closing Argument Competition, Finalist
Ninth Circuit Pro Bono Appellate Project, wrote and argued sexual harassment case before Ninth Circuit Court of Appeals as a student