Marc C. Goldsen Partner

Asset Protection Real Estate Employment Law Corporate and Business Transactions

Mr. Goldsen has a BV “Distinguished” rating by the Martindale-Hubbell Peer Review Ratings System. Mr. Goldsen has also been the subject of biography in Marquis Who’s Who in American Law and Cambridge Who’s Who of Executives and Professionals. Mr. Goldsen has also been named among Arizona’s Finest Lawyers.

Awards & Recognitions:

Education:

University of California at Berkeley, Berkeley, CA (B.A., with Distinction, 1997)
University of Arizona College of Law (J.D., 1999, Arizona Law Review)
University of Arizona (James E. Rogers) College of Law (LL.M., Indigenous Peoples Law and Policy, 2006)

Court Admissions:

Arizona (1999)
U.S. District Court, District of Arizona (2001)
Pascua Yaqui Tribal Courts (1998 & 2009)
Tohono O’odham Nation Courts (2011)

Languages:

English

Professional Memberships and Activities:

Chair-Elect of the State Bar Indian Law Section
Arizona State Bar Construction Law Section (Past Chair)
Arizona State Bar Indian Law Section (Member of Executive Council)
Arizona State Bar Real Property Section
Federal Bar Association, Phoenix Chapter (Past Board Member)
American Bar Association
American Bar Association Environment, Energy & Resources Section
American Bar Association Public Lawyers Section
America Bar Association Forum on the Construction Industry
Colorado River Water Users Association (Co-Founder)
Western Resource Lawyers Colloquium (Co-Founder)
Maricopa County Bar Association
Pima County Bar Association

Teaching Experience, Publications and Presentations:

On-Line Adjunct Professor, Keller Graduate School of Management (2011-Present)
Legal, Political and Ethical Dimensions of Business, Course No. MGMT / GM 520
Faculty Member, Negotiating Contracts on Tribal Lands, Topics: Overcoming Tribal Real Estate Development Obstacles / Overcoming Leasing Challenges on Tribal Lands / Sovereign Immunity, National Business Institute Continuing Legal Education for Professionals, Phoenix, Arizona (April 2015)
Faculty Member, Landlord-Tenant Law, Topics: Landlord and Tenant Rights and Obligations / Ethical Considerations in Landlord-Tenant Law, Sterling Education Services Continuing Professional Education, Tucson, Arizona (March 2015)
Faculty Member, Fundamentals of Landlord-Tenant Law, Topics: Case Law and Legislative Update / Tenant Screening, Sterling Education Services Continuing Professional Education, Tucson, Arizona (March 2014)
Faculty Member, AIA Contracts, Topic: Use of AIA Contract Documents for Construction in Indian Country, Lorman Education Services Continuing Legal Education, Tucson, Arizona (August 2013)
Faculty Member, Water Rights Sales and Transfers, Topic: Indian Water Rights, Lorman Education Services Continuing Legal Education, Tucson, Arizona (2009-2012)
Faculty Member, Landlord-Tenant Law / Surviving in a Difficult Economy, Topic: Ethical Considerations in Landlord-Tenant Law, Sterling Education Services Continuing Professional Education, Tucson, Arizona (September 2012)
Faculty Member, Public Contracts and Procurement Regulations, Lorman Education Services Continuing Legal Education, Phoenix and Tucson, Arizona (2007-2010)
Guest Columnist (Commercial Development in Indian Country), Annual Outlook (March 2007) issue of AZRE (Arizona Commercial Real Estate) Magazine
Author of Per D.C. Circuit, IGRA Has Its Limits…For Now, in the Fall 2006 edition of The Arrow, the Arizona State Bar Indian Law Section Newsletter
Author of So Don’t Sue Me: Ameliorating the Fear Factor in Indian Economic Development Through Dispute Resolution and Limitation of Liability Provisions, presented at University of California at Berkeley’s Third Annual New Voices in Indigenous Research Conference (March 2005)
Author of The Public Policy Obstacle to Regulatory Exclusions and Termination Upon Takeover Provisions as Defenses to Fidelity Bond Coverage, in the June 2001 edition of the International Association of Defense Counsel Fidelity and Surety Newsletter
Contributor to What Claims are Available to the Contractor on a Problem Job and How the Contractor Should Substantiate the Claims, presented at Lorman Continuing Legal Education seminars (2000-2003)
While clerking for the Navajo Nation Supreme Court in 1998 and 1999, drafted the bench memorandum and assisted in drafting the opinion in the Navajo Nation Supreme Court case of Navajo Nation v. Russell Means, consolidated and incorporated as part of the United States v. Lara decision handed down in 2004 by the United States Supreme Court in favor of the position advocated by the Navajo Nation

Community Service:

Light of Tolerance Project, Co-Founder and Pro Bono Legal Consultant
The Hearth Foundation, Pro Bono General Counsel
SNAP Foundation, Co-Founder and Pro Bono General Counsel
Tucson Challenger Little League, Vice President, General Counsel, Manager and Coach Tucson Wildlife Foundation, Legal Consultant
Past Member of Congregation Anshei Israel Board of Trustees
Autism Society of Greater Phoenix
Tucson Alliance for Autism
Southern Arizona AIDS Foundation
Cooper Greens Homeowners Association, Past President
Volunteer high school and junior high school tutor in Berkeley and Phoenix schools
Volunteer debate coach and speech and debate judge in Berkeley, Phoenix and Tucson Religious educator at Phoenix and Tucson area synagogues
Arizona Hillel Foundation

Representative Matters:

Provides ERISA, PPACA and related tax and executive compensation statutory and regulatory compliance advice to business and government entities and individual employees
Provides HIPAA, Stark Law and other health care regulatory compliance advice to business entities, including in connection with the merger and acquisition of an Arizona dental group into a national dental care provider, the creation of a mobile dental care provider and merger into a mobile health care provider, and the ongoing operations of medical and dental practices
Outside construction, economic development, election and enrollment, environmental and natural resources, gaming, land and water rights and tax counsel to various federally-recognized Indian sovereigns and their authorities and entities
Represents developers in connection with commercial and residential developments on Indian reservations, Arizona state trust lands and private lands valued from $10,000 to $500 million, including in connection land use planning and zoning, procurement, cultural clearance, environmental compliance, design, construction, leasing and property management
Represents landowners, homeowners, community associations and developers in connection with disputes concerning alleged violations of zoning ordinances, community master plans, declarations of covenants, conditions and restrictions and community design guidelines
Represents buyers, sellers, lenders, borrowers and guarantors in connection with purchases and sales of real property, business assets and business entities ranging in value from under $50,000 to approximately $180 million, and the financing of such transactions from the lender, borrower, guarantor, title insurer and fiduciary perspective
Represents government and business entities in connection with preparation of bond packages, private placement memoranda, subscription agreements and organizational documents in connection with solicitation of investments for public and private undertakings ranging in value of up to $400 million
Represented various government entities in negotiations concerning the location of freeways, partnership arrangements for river restoration projects, boundary and right-of-way disputes and water allocation questions
Represented banks and businesses in connection with the financing, purchase, sale, operation, maintenance, construction, remodeling and repair of multi-million dollar hotels in the Phoenix Metropolitan Area, Tucson Metropolitan Area, San Francisco Bay Area and Sedona
Served as primary in-house counsel to Arizona Indian communities in the following areas: Business Enterprise; Construction; Cultural Resources; Economic Development; Education; Engineering & Construction; Environmental; Finance & Investment; Gaming; Government Contracts; Housing; Human Resources (including Personnel, employee benefits and other labor and employment matters); Insurance; Intergovernmental Relations; Land and Water Rights; Land Use; Public Works; Regulatory Planning and Enforcement; Tax; Transportation; and Zoning.
As outside counsel, facilitated settlement of a long-standing election, leadership and enrollment dispute, which preserved an Indian sovereign’s Federal recognition and funding, and which is expected to allow the Indian sovereign to move forward with self-governance to provide programs and benefits for its members
As in-house counsel to an Arizona Indian community, provided legal representation in relation to the design and construction of a $400 million casino hotel and convention center complex
Developed comprehensive environmental management programs and tribal implementation plans as in-house counsel for two different Arizona Indian communities
As in-house counsel to Arizona Indian communities, provided legal representation in relation to the design and construction of two multi-million dollar government administrative complexes
As in-house counsel to an Arizona Indian community, coordinated the drafting of a water delivery and use code to implement the 2004 Arizona Water Settlements Activities
As in-house counsel to an Arizona Indian community, provided legal representation in connection with the design and construction of a proposed $1.4 billion, 2,400-mile water conveyance system to deliver water allocated under the 2004 Arizona Water Settlements Act
As in-house counsel to an Arizona Indian community, provided legal representation in connection with the completion of construction, and negotiated and drafted the Charter and Curation Agreement for the funding, operation and maintenance, of the Huhugam Heritage Center
As in-house counsel to an Arizona Indian community, coordinated and drafted a private letter ruling request that resulted in a favorable determination by the I.R.S. regarding taxation of Indian housing benefits