Member

Representative Matters

• Advises employers concerning their rights and duties under federal, state and local anti-discrimination, employment and labor laws, emphasizing claim avoidance.
• Represents employers in federal and state courts of Colorado, Nevada and Texas in litigation involving claims under Title VII, FLSA, ADEA and FMLA, and state wrongful discharge and workplace tort claims.
• Advises and represents state, county, quasi-governmental and city officials concerning employment issues, especially concerning employees' rights to due process.
• Advises government contractors and subcontractors concerning their obligations, including affirmative action, under EO 11246, and pertinent disability and veterans' statutes.
• Advises and represents government contractors and subcontractors concerning compliance with federal prevailing wage statutes, including the Davis-Bacon and Service Contract Acts.
• Represents unionized employers in labor arbitrations under bargaining agreements.

REPRESENTATIVE CASES

• Scarpa v. Glenwood Hospital, Texas State Court, jury verdict for Defendant on whistleblower claim.
• ATU Local Union No. 19 v. PTM, Colorado State Court, summary judgment for Defendant in union's suit to compel transit contractor to rescind implemented final offer and comply with alleged 13(c) agreement.
• Ortega v. Carniceria Leonela, Colorado State Court, 5 plaintiff FLSA overtime suit, jury verdict for Defendant.
• Hill v. ITT Federal Services, U.S. District Court, Colorado, summary judgment for Defendants on Title VII, contract and tort claims.
• Atwood v. Newmont Gold Co., 9th Cir., summary judgment on ERISA claims upheld on appeal upholding favorable standard of review for employer.
• Wickham v. Atmel, Inc., U.S. District Court, Colorado, FMLA interference and retaliation claims, summary judgment for Defendant.

Professional Activities

• President, El Paso County Bar Association
• Commissioner, Fourth Judicial District, Judicial Nominating Committee
• President, Colorado Board of Health
• Instructor/Lecturer, Programs in Trial Advocacy and Employment and Labor Law for U.S. Department of Justice, American Arbitration Association and Institute for Applied Management and Law
• Member, Colorado, Nevada and Texas (inactive) Bars
• Contributing Editor, The Developing Labor Law

Education

• LL.M. in Labor Law, Cornell University, 1981
• Juris Doctor, with honors, University of Texas School of Law, 1977
  • Order of the Coif
• Master of Arts in Economics, University of California - Los Angeles, 1970
• Bachelor of Science, magna cum laude, U.S. Air Force Academy, 1969