Representative Matters

Trial practice focused on complex, multi-party commercial litigation, with an emphasis on partnership, limited liability company, and corporate disputes; officer and director liability, bond litigation, securities and fraud litigation; natural resources including oil and gas, mining disputes; lender liability, banking, and real estate litigation.

• Typical cases involve issues as diverse as breach of contract, breach of fiduciary duties, corporate governance, business and investment fraud, real estate, debtor-lender disputes, intellectual property and natural resources.
• Represents a range of clients from chief executives, board members, and multinational corporations, to individuals and small businesses, both plaintiffs and defendants.
• Extensive familiarity with corporate, partnership, limited liability company and banking statutory requirements.
• Defense of bank officers and directors on FDIC investigations and administrative claims, including civil monetary penalties and industry bars
• Defense counsel to bank directors in administrative proceedings by FDIC relating to largest bank failure in Colorado history.
• Has been involved with all aspects of special litigation committees, from court appointment as special litigation counsel to counsel for corporate entities in derivative litigation.
• Successfully tried and obtained verdicts, judgments and arbitration awards in wide variety of complex commercial cases including 8-figure securities verdict, and judgment valued at 8-figures relating to real estate dispute with one of Colorado's largest ski resorts.
• Represented First Interstate Bank in remaining state court claims against Central Bank. After the United States Supreme Court determined that there was no claim for aider and abettor liability under the 1934 Securities Act, First Interstate refiled its claims for aider and abettor liability under state law. Several months before trial, was hired as co-counsel to try the case. The case settled one week before trial, with customers of the bank receiving proceeds in excess of 100% of their investments.
• Defended individuals and affiliated entities regarding large mountain real estate venture in connection with claims of breach of fiduciary duty, declaratory relief, interference with contract, interference with prospective relations, etc. The plaintiff asserted damages claims for $500,000,000. Judgment against plaintiff and in favor of our clients for $0.
• Represented major Denver law firm in defense of multimillion dollar claims filed against it by its client when firm had to withdraw from representation of client during client's IPO. The law firm was exonerated after a three-day hearing.
• Numerous other cases including shareholder and bondholder suits and class actions, representation of officers and directors in corporate investigations and lawsuits, representation of investors against brokerage firms, representation of various parties in disputed estate matters, oil and gas disputes, disputes among professionals, defense of Resolution Trust Corporation and FDIC litigations, service as court-appointed discovery and special master.
• Regularly serves as arbitrator and mediator, as member of American Arbitration Association's complex commercial case arbitration and mediation panels.

Professional Activities

• Admitted Colorado
• Admitted to practice before the United States Court of Appeals for the Tenth Circuit and the United States District Court for the District of Colorado
• Member, American Arbitration Association National Panel of Arbitrators and Mediators
• Member, American College of Trial Lawyers Task Force on Discovery
• Past President Colorado Trial Lawyers Association
• Past Chair, Commercial Law Section, Colorado Trial Lawyers Association
• Past President, Colorado Chapter, International Network of Boutique Law Firms
• Frequent lecturer, trial practice subjects, various bar associations

Publications and Presentations

• Co-author with Tobin Kern, "Proportional Discovery: Making It the Norm, Rather Than the Exception" - University of Denver Law Review - March, 2010

Education

• Juris Doctor, with honors, Syracuse University, 1976
  • Articles Editor, Syracuse Law Review
• Bachelor of Arts, University of Pennsylvania, 1970

Honors and Awards

• Fellow, American College of Trial Lawyers (Vice Chair, Colorado State Committee 2009-10)
• Best of the Bar Award for Securities Law
• Best Lawyers' 2010 Denver Banking Lawyer of the Year
• Listed for over ten years in Best Lawyers in America for Commercial Litigation, Banking Law and Alternative Dispute Resolution
• Top 50 Colorado Super Lawyers 2006-Present