About Sherry

sherrypicMs. Downer helps her clients navigate complex business problems and employment issues.  Her peers recognized her as a Southwest Super Lawyers “Rising Star” in Employment Litigation: Defense since 2013, as one of the Best Lawyers In America since 2014 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.”  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.  The Governor 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 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.  She advises companies on an extensive variety of employment issues including those previously mentioned as well as family and medical leave, disability, accommodation, and the National Labor Relations Act, and she drafts policies, conducts employee and management level training and internal investigations, and regularly writes and speaks about employment matters.  Ms. Downer also has experience in federal sector employment law, including grievances, arbitration, EEO, and labor organization issues.

Ms. Downer has experience litigating a variety of business disputes, and contract and tort claims on behalf of corporate clients.  Ms. Downer has represented clients in breach of contract and warranty claims, complex construction and development litigation and has been involved with a number of construction-related organizations.  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 also successfully defended and obtained dismissals for professionals, including attorneys, doctors, and architects against professional malpractice claims.  Ms. Downer’s experience 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 claims.

Ms. Downer is an active member of the Tucson community, serving on the Tucson Metro Chamber’s Board of Directors and serving on its Executive Committee as Secretary.  She is a former chair of the Chamber’s Government Relations and Candidate Selection Committees 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 a past member of the Emerging Leader’s Council.  Ms. Downer has served the Tucson community as 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.

Legal Experience

  • Law Office of Sherry J. Downer, PLLC, Attorney/Owner (October 2015-Present)
  • Fennemore Craig PC, Attorney/Director (November 2006-October 2015)
  • Adjunct Professor, Employment Law, University of Arizona James E. Rogers College of Law (2012-2014)
    • Employment Law & Discrimination, Spring 2014
    • Employment Discrimination, Spring 2013
    • Contemporary Issues in Employment Law, Spring 2012
  • Chandler & Udall LLP, Attorney (May 2004-November 2006)

 

Articles and Presentations

  • File this Under:  The Complexity of Managing Personnel Documents, In Business Magazine-Greater Phoenix,  quoted in article by Mike Saucier, August 2016
  • HR Tips for Small Businesses, The Chamber Edge, Summer 2016
  • 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
  • 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, (Co-instructor with Barney Holtzman), 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, January 2014
  • Employers: Be careful asking about cancer and other illnesses, Inside Tucson Business, June 28, 2013
  • Employment Discrimination, (Co-instructor with Barney Holtzman), University of Arizona James E. Rogers College of Law, Spring 2013
  • Che 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
  • Contemporary Issues in Employment Law, University of Arizona James E. Rogers College of Law, Spring 2012
  • 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

  • Secretary, Tucson Metro Chamber of Commerce, 2015 – present
  • Mentor, Courts Are Us, 2015
  • Member, Board of Directors Tucson Metro Chamber of Commerce, 2014 – present
  • Pima County Commission on Trial Court Appointments, 2014 – present
  • Former Chair, Tucson Metro Chamber Government Relations
  • Greater Tucson Leadership, Class of 2014
  • Former Member, Emerging Leader’s Council
  • Former Chair, Tucson Metro Chamber Candidate Selection Committee
  • Member, Tucson Metro Chamber BEAR Project, 2012
  • Former Member, Advisory Council, Southern Arizona Home Builders Association (SAHBA)
  • Legal Counsel, Southern Arizona Home Builders Association (SAHBA), 2008 – 2011
  • Former Legal Chair, Cornerstone Building Foundation
  • 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 – 2014
  • Former 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
  • S. District Court, District of Arizona, 2004

 

Education and Honors

  • Tucson Lifestyle Best Lawyers, Employment Law-Management, 2014 – Present
  • Up & Comers, Inside Tucson Business, 2014
  • Best Lawyers® in America, Employment Law-Management, 2014 –  Present
  • AV® Preeminent™ Peer Review Rated (the highest rating available), by Martindale-Hubbell, 2014
  • Women of Influence, Inside Tucson Business, 2013
  • 40 Under 40, Tucson Hispanic Chamber of Commerce, 2013
  • Southwest Rising Stars®, Employment Litigation: Defense, 2013 – Present
  • D., University of Arizona, James E. Rogers College of Law, 2004
  • 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