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Susan Bernhardt

Susan Bernhardt

633 Seventeenth Street
Suite 3000
Denver, CO 80202

Phone: 303.299.8368
Fax: 303.298.0940

Member

Areas of Emphasis

Commercial Litigation
Alternative Dispute Resolution
Insurance Recovery

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Representative Matters

  • Defended individuals and entities against allegations of breaches of fiduciary duties, minority shareholder squeeze-out, and other wrongdoing in a state court lawsuit filed by a long-time co-owner of their real estate development business.
  • Represented an individual who sold a majority interest in a business in a dispute with the company over his employment termination and the purchase of his remaining interest.
  • Appointed as Special Litigation Counsel in a state court derivative action involving alleged breaches of fiduciary duties by a member of a limited liability company.
  • Defended the former CEO and CFO of a publicly-traded energy company in a federal court securities fraud class action.
  • Defended two Colorado wineries in an antitrust lawsuit in federal court.
  • Currently representing a publicly-traded company in a federal court lawsuit against an insurer regarding premium return issues.
  • Defended former corporate executives in bankruptcy court adversary proceedings involving alleged improper transfers and other matters.
  • Represented a New Mexico city in an appeal on an adverse possession claim.
  • Defended an HMO in a federal court class action alleging violations of state insurance statutes.
  • Represented a customer in an arbitration against her broker regarding suitability and other issues.
  • Represented a publicly-traded company in a dispute with a customer over invoices and services.
  • Represented a law firm in an arbitration with the firm's former client over a multi-million dollar contingency fee and alleged ethics violations.
  • Defended individuals alleged to have breached noncompetition agreements and other obligations in state and federal court preliminary injunction proceedings.
  • Represented a publicly-traded computer manufacturer in a dispute over its termination of a call center services provider.
  • Defended a church in a construction dispute with its design-build contractor in state court.
  • Past and current representation of individuals attempting to avoid litigation with co-owners of businesses.
  • Represented an individual in the appeal of a matter involving alleged personal guarantees and mechanics' liens arising out of a construction and development project.

Professional Activities

  • Member and former Chair, Ethics Committee of the Colorado Bar Association, 1996-present (Chair 2007-2008)
  • Member, Committee on Conduct of the United States District Court, 2008-present
  • Board of Editors of The Colorado Lawyer, 2008-present
  • Board of Directors of the Colorado Trial Lawyers Association, 2001-present
  • Co-Chair of the Commercial Litigation Section of the Colorado Trial Lawyers Association, 2002-2008
  • Board Member, Denver Chapter of the American Constitution Society, 2008-present
  • Member, Colorado Association of Corporate Counsel
  • Judicial Clerk, Judge Stanley A. Weigel of the United States District Court for the Northern District of California, 1986-1987
  • Member, Swarthmore College Alumni Council, 2007-present
  • Admitted Colorado, 1991; Admitted California, 1986
  • Admitted to practice before the United States District Court for the District of Colorado, Northern District of California, and the United States Court of Appeals for the Ninth and Tenth Circuits
  • Member, American Bar Association, Denver Bar Association, Faculty of Federal Advocates and Colorado Women's Bar Association
  • Member, American Arbitration Association's Panel of Arbitrators for Commercial Cases

Publications and Presentations

  • Frequent lecturer on litigation practice and legal ethics for CLE in Colorado Inc., Colorado Association of Corporate Counsel, Colorado Women's Bar Association, Colorado Trial Lawyers Association and other organizations
  • Professional Responsibility Column Editor, Colorado Lawyer, 1999-2008
  • Author, Chapter on Technology and the Practice of Law, Lawyers Professional Liability in Colorado: Preventing Legal Malpractice and Disciplinary Actions (2d ed. 2005, supp. 2007)
  • Author, "Motions to Dismiss: How to Count the Corners in a Complaint" Trial Talk (April/May 1999)
  • Co-Author, "Discovery in Commercial Litigation Cases," Colorado Trial Lawyers Association (1993)
  • Co-Author, "Arbitration in Commercial Cases," Trial Talk (Sept. 1992)

Education

  • Juris Doctor, with distinction, Stanford Law School, 1986
    • Order of the Coif
    • Notes Editor, Stanford Journal of International Law
    • Kirkwood Moot Court Competition, Best Brief Award from a panel including U.S. Supreme Court Justice Byron White
  • Bachelor of Arts, with high honors in economics and mathematics, Swarthmore College, 1983
    • Phi Beta Kappa

Honors and Awards

  • Recognized as one of Colorado's Super Lawyers, 2007-2009
  • Named to the list of Top 25 Woman Colorado Super Lawyers, 2007, 2009 
  • Selected as a Colorado Bar Fellow, Colorado Bar Foundation, 2000-present
  • Selected to the Leadership Denver program, 1999-2000