The Firm’s litigation lawyers have extensive experience in commercial litigation before state and federal Courts, administrative agencies, arbitration panels, regulatory boards, and state and federal appellate courts. The Firm’s philosophy is to encourage clients to resolve disputes in the most efficient and cost-effective manner, and we find that disputes indeed can often be resolved without resort to litigation. Nonetheless, our litigators pride themselves on their ability and success in trying cases when necessary. They have succeeded both at trial and on appeal in a broad range of areas, including contract, Uniform Commercial Code issues, securities, real estate, employment, natural resources and environmental, trespass and nuisance suits, intellectual property (including trade secret and trademark matters), and creditor claims in bankruptcy.
Representative cases successfully handled include:
- Obtaining a complete defense judgment and prevailing on all counterclaims (including an award of full attorneys’ fees) in a lengthy employment contract dispute that went to arbitration and several levels of appeals
- Successfully defending an employer in arbitration against claims of race, age and national origin discrimination
- Successfully appealing a misclassification determination by the CDLE (resulting in no backpay liability)
- Securing summary judgment on claims seeking to invalidate a class action waiver provision, prevailing at summary judgment and the subsequent Tenth Circuit appeal on claims of gender and age discrimination, and obtaining discovery sanctions against the EEOC.
- Obtaining summary judgment on behalf of gas gathering system shut down pursuant to gas purchase agreements
- Prosecution of a suit for specific performance and damages on behalf of the seller of a shopping center through a week-long jury trial in state court
- Representation of a producer of natural gas in a suit for breach of contract and constructive fraud in a lengthy jury trial
- Defense of fraudulent conveyance claims arising out of Mickey Monus’ sale of his interest in the Colorado Rockies, in a month long trial in Bankruptcy Court in Ohio
- Representation of an oil & gas company through the Colorado Supreme Court in connection with access and surface rights issues
- Prosecution and defense of counter-claims on behalf of a property owner in a series of arbitrations relating to construction defects
- Representation of an equipment wholesaler in a number of breach of contract and Uniform Commercial Code cases in state court
- Representation of former employees in race discrimination (three week jury trial) and FMLA (one week jury trial) cases in federal court
- Representation of a national bank in its claims for breach of contract and fraud in state and bankruptcy Court
- Defense of the successful bidder on a military food service contract in federal court against a challenge by an unsuccessful competing bidder
- Defense of a computer company in state court against breach of contract claims under a computer services contract
- Representation of an information services company in litigation in state and federal court involving antitrust and public records access issues and in trademark disputes
- Defense of corporate and financial industry officers in enforcement actions and investigations by the Securities and Exchange Commission
- Defense of a special committee of corporate directors against derivative claims alleging breach of fiduciary duties arising out of the sale of the corporation
- Defense of a corporation against claims of fraud arising out of a venture capital investment
- Defense of a financial advisor against charges of fraud and promotion of illegal tax shelters
- Defense of broker-dealers against administrative proceedings
