Denver 

Successfully represented 3M and its subsidiary in patent licensing dispute involving rights to certain biomedical technology.

Successful defense of FORTUNE 500 corporation in patent license dispute brought by exclusive licensor of patented technology.

Defended 3M against claims resulting from leakage of radioactive Polonium-210 from 3M ionizers and subsequent suspension and order to show cause entered by U.S. Nuclear Regulatory Commission in response to reports of such leakage. Successfully defended claims and obtained insurance coverage for such claims.

Successfully represented 3M in licensing dispute to certain storage technology.

Represented insurers of one of defendants in polybutylene litigation in insurance dispute regarding coverage.

Represented mortgage financing company in connection with allegedly fraudulent mortgage lending practices.

Represented CHB in its leveraged recapitalization of Blu Dot Design & Manufacturing Inc.

Represented CHB Capital in its leveraged recapitalization of Cable-Tech Industries Inc.

Represented CHB Capital in its leveraged recapitalization of Micro Dynamics Corporation.

Represented CHB Capital in its acquisition of a controlling stake in Brandbase Holdings Inc.

Represented CHB Capital in its leveraged recapitalization of CanGen Holdings Inc.

Representation of Flextronics International Ltd. in connection with its acquisition of Avail Medical Products.

Represented Hilco in its recapitalization of Midwest Products Finishing Inc.

Represented HyperSpace in its acquisition of MPC Computers, forming MPC Corporation.

Represented MPC in its acquisition of the Gateway Inc. Professional Division.

Representation of RF Micro Devices Inc. in connection with its acquisition of Universal Microwave Corporation.

Represented Schlumberger in its tender offer for Convergent Group Corporation

Represented segNET in its acquisition of North Country Internet Access Inc.

Represented Rapid Communications in its acquisition of cable systems from Charter Communications, as well as multiple similar acquisitions and dispositions.

Representation of private equity funds in connection with their acquisitions of various public and private companies.

Obtained dismissal of action filed against the state personnel director, alleging constitutional violations related to a policy enacted by the state personnel director to abolish payroll deductions for union dues.  Case No. 01-CV-6136

Successfully represented owner of downtown San Francisco office tower in litigation regarding monetary value of casualty loss. Obtained eight figure judgment for an amount more than double last settlement offer.

Filed an amicus curiae brief in support of petition for writ of certiorari to the Supreme Court and an amicus curiae brief with the Tenth Circuit arguing that cross-shaped roadside memorials erected in memory of fallen officers are not government speech and do not violate the Establishment Clause. 637 F.3d 1095 (10th Cir. 2010).

Represented commercial financing and leasing company in claims for interference with secured interests.

Represents a group of angel investors in various early stage financings.

Represented car manufacturer in suit involving allegedly defective gas tank and crashworthiness doctrine.

Representation of NCR Corporation in arbitrations (and motions to compel arbitration) in California, Kansas, Massachusetts, Texas, Ohio, Colorado, New York, Pennsylvania, Florida and elsewhere involving claims brought by purchasers and resellers of computer systems.

Obtained judgment (including attorney fees) on behalf of purchaser and against the seller of a luxury condominium for breach of contract and fraud after five-day bench trial before the District Court, City and County of Denver, CO. Prevailed on two appeals before the Colorado Court of Appeals and collected final judgment. (1999 - 2005)

Obtained affirmance of order compelling plaintiffs to arbitrate and reversal of trial court’s refusal to enforce contract’s forum selection clause. 2006 WL 3072394 (Cal. Ct. App.)

Represented Costa Rican leatherleaf fern industry with respect to the fungicide Benlate in successful jury trial in Dade County, FL resulting in $113 million verdict. Represented Australian growers of ornamental plants and vegetables in successful settlement of claims brought in Australia against DuPont and DuPont Australia. Represented Hawaiian growers of ornamental plants and vegetables in successful settlement of their claims in state court in Hawaii. Super Helechos, et al. v. DuPont; Wright, et al. v. DuPont and DuPont Australia (AUS); Asia Pacific, et al. v. DuPont (HI).

Representing classes of homeowners and plumbers in several states whose homes/businesses sustained damage as a result of the breakage of defective yellow brass fittings in plumbing systems. The cases have been consolidated in multidistrict litigation against one manufacturer and are in the process of being consolidated against another.

Represented patent holder and inventor of bicycle drive system in patent and trade secret litigation against world's largest bicycle company resulting in successful settlement for the plaintiff.

Represented Hong Kong office of foreign bank in connection with foreclosure of liens and workout relating to certain real estate projects in Telluride, Colorado.

Obtained dismissal of claims brought by former franchisees against national franchise company through motion to dismiss and motion for summary judgment. Bus. Franchise Guide (CCH) 13,027 (D. Colo. May 25, 2005)

Represent CAI in SEC compliance, corporate governance and general corporate matters.

Represented Cajun Electric Cooperative Association in an adversary proceeding involving disputed coal contracts in what was, at the time, the largest bankruptcy filed in the United States.  The adversary proceeding was tried but was settled before the Court issued its ruling.  Case No. 94-2763-B2

Defended a former officer of company in connection with allegations of securities fraud. Transferred to MDL. Case settled.

Represented several major car dealers in arbitration with car manufacturers. 

Successful defense of products liability class action involving degradation of plastic materials.

Represented clients in civil enforcement defense against governmental and private parties including defense of cost recovery actions under CERCLA.

Currently co-defense counsel representing a Fortune 500 company and several of its officers in connection with nine class actions alleging claims under Sections 11, 12(a) and 15 of the 1933 Securities Act and Section 13 of the Investment Company Act.

Counsel to developer of hotel properties in Colorado.

Defended company for breach of a software development contract. The Court granted Raytheon's partial motion for summary judgment, resulting in a settlement less than an offer of settlement made earlier in the action.

Counsel to national lender for development and construction loan for downtown condominium project in Denver, CO.

Counsel to national bank for syndicated construction loan secured by golf course town home community.

Counsel to lender for bridge construction loan secured by luxury home and resort golf community.

Counsel to national bank for syndicated construction borrowing base loan secured by multifamily housing buildings in Denver, CO.

Counsel to national bank for acquisition, development and construction loans secured by major residential subdivision in Centennial, CO.

Drafted contract negotiations for remedial project oversight for the transfer of contaminated properties, including soil and groundwater remediation, under various federal and state statutes and regulations including CERCLA, RCRA, and state voluntary cleanup programs.

Represented Cornerstone in various preferred stock financings.

Counsel to equity investors of a resort located in Colorado.

Plaintiff's counsel in successful jury trial resulting in largest verdict at that time for a patent holder against the infringer of a patent for a crepe pan; upheld on appeal.

Favorable settlement in a claim of breach of commercial mortgage commitment for hotel property.

Represented plaintiffs in claims against G.D. Searle & Company, who manufactured Cu-7 IUD in successful trials in Minnesota and California and settlement of their claims. Kociemba v. Searle; McCarthy v. Searle.

Representation of DaVita Inc. in connection with its purchase of NxStage Medical Inc. common stock in a PIPE transaction.

Successfully brought suit against a gas producer for theft in manipulating the computerized measuring device on wells. Settled for over $1 million. Assisted law enforcement and D.A. in their successful investigation and prosecution of same matter.

Defended a publicly traded company that provided food to the federal government in an investigation by the Department of Agriculture.  No charges were brought.

Defended a publicly traded defense contractor in an investigation by DCIS for mischarging in connection with a government contract. Settled without charges.

Currently co-defense counsel representing a Fortune 500 company in connection with 12 consolidated complaints alleging tort claims stemming from an incident at Denver International Airport.

Defended a former officer of company in connection with allegations of securities fraud.  Case settled.

Counsel to purchaser of hotel and related amenities in downtown Denver, CO.

Counsel to developer of military housing in Colorado, California, New Jersey, North Carolina and South Carolina.

Representation of Qwest Dex in claim alleging that Dex Media wrongfully published the address of a battered woman's shelter.  Perkins Coie was assigned the case after the trial court had denied a petition to stay pending arbitration. Court of appeals reversed and remanded with an order to compel arbitration.  2004 WL 1798272 (Colo. Ct. App. 2004)

Represented franchisor against former franchisee and obtained preliminary injunction enforcing post termination of provisions of franchise agreement, including covenant not to compete and enjoining use of trademarks, trade secrets and trade dress under Lanham Act and common law. 2007 WL 4557832 (D. Colo. Dec. 20, 2007) Also defeated defendant's motion to dismiss. 2007 WL 3232599 (D. Colo. Oct. 30, 2007)

Represented Edison Mission Energy in a 144A Note Offering and subsequent exchange offer.

Successfully defended raw material supplier in products liability class action involving degradation of plastic materials.

Represented homeowners in individual and class action litigation in the United States and Canada. Tried to successful plaintiffs' verdicts in five jury trials in state and federal courts in Colorado. Verdicts in 2003 and 2004 were among the largest recoveries in Colorado in those years. Co-Counsel in 2004 bi-national class settlement of Entran II litigation. The $300 million settlement was the largest class action settlement in the United States in 2004.

Prepared and oversaw internal investigations and audits to support compliance with various federal and state statutes and regulations including CERCLA, RCRA, CWA, CAA, OSHA, and EPCRA.

Conducted internal investigations of potential environmental criminal violations and advised clients on potential criminal penalty exposures.

Represented clients in negotiations of CERCLA cost recovery disputes.

Defended company in an EPA/FBI/DOJ investigation for violations of the Clean Water Act. No charges brought.

Defended a public entity in federal grand jury investigation for violation of the Clean Water Act. No charges brought.

Represented a former high ranking federal official in a DOJ investigation for violation of the Ethics in Government Act. No charges brought.

Favorable settlement of environmental and breach of lease claims on behalf of commercial lessee and lease guarantor.

Represented bank in foreclosure and collection of $3.5 million loan against real estate development partnership, personal guarantors and numerous trusts. Pursued debtors through two actions in the Court of Common Pleas of Lancaster County, Pennsylvania, two bankruptcies in the United States Bankruptcy Court for the Eastern District of Pennsylvania, and one bankruptcy in the United States Bankruptcy Court for the District of Nevada.

Representation of various financial institutions in acquisitions and divestitures.

Raised $70 million for Bluestar.net and sale to Covad Communications for $300 million in stock and assumed liabilities.  Multimillion dollar refinancing and later the sale of assets by a communications consulting company.  Renegotiation of major supplier contacts for Dex Media. 

Represents Guaranteach in financing and general corporate matters.

Represents Research Dataware in general corporate matters and seed financing.

Represents S B E (dba SB Electronics) in preferred stock financings, bridge financings and general corporate matters.

Represents Village Laundry in financing and general corporate matters.

Defended a former officer of company in connection with allegations of securities fraud. Case settled.

Represented First National Bank in litigation surrounding workouts for over $20m of real estate loans.

Represented Franco-Nevada Corporation in its Initial Public Offering on Toronto Stock Exchange with concurrent 144A offering into the United States.

Represented franchisor against former franchisee and obtained preliminary injunction enforcing post termination provisions of franchise agreement, including covenant not to compete and enjoining use of trademarks and trade secrets under Lanham Act and Florida law, and defended motion to transfer venue. 2009 WL 1796297 (D. Colo. June 23, 2009)

Represented General Electric (GE) Company in successfully defending its GE Plastics unit in litigation brought by Chevron Chemical Company, Goodman Manufacturing Company and class actions of homeowners brought in Alabama, Georgia, Massachusetts and Ontario (Canada). Represented GE in mediation before U.S. Consumer Product Safety Commission (CPSO) and its Canadian counterpart resulting in first CPSC brokered industry settlement to class action products liability litigation.

Lead counsel for Fortune 100 corporation in successful defense of negligence and breach of contract action brought by manufacturer of consumer goods against multiple suppliers of materials.

Counsel in harassment case wherein a former employee alleged she was sexually harassed by her co-workers and supervisors while performing maintenance and loading and unloading of airplanes. Obtained summary judgment on discrimination, retaliation and common law claims prior to trial. Plaintiff's sexual harassment claim went to trial and jury found for the Company in full.  Case No. 99-B-108

Defended state legislature in action challenging constitutionality of voter information booklet.  Motion to dismiss granted.  Case No. 04-CV-7694

Obtained affirmance of dismissal of action challenging state's voter information booklet on constitutional grounds.  2005 WL 3435297 (Colo. Ct. App.)

Represented Government of India in its litigation against Union Carbide arising out of the December 1984 explosion of its methyl isocyanate (MIC) plant explosion resulting in successful $470 million settlement in 1989 for those injured as a result of the explosion.

Represented multiple companies and individuals in connection with grand jury investigations in federal and state proceedings.

Successfully defended motor home manufacturer in trial concerning claims regarding its warranty.

Represented regional construction firm in negotiations with FDIC as receiver of Nevada bank.

Defended a private company and its officers in a federal Medicaid/Medicare fraud investigation. Settled by the company paying a small amount of money with no criminal charges being filed.

Defended a private company and its president in a state Medicaid fraud investigation. Claims against president dismissed and company paid a small penalty.

Defended a large publicly traded company in a federal false claims, qui tam and Medicare fraud case. Settled by the payment of some of the money claimed due and owing the United States.

Defended two private clinics for Medicare and Medicaid fraud charges. Both dismissed with no charges and no money paid.

Lead outside counsel on behalf of FORTUNE 100 corporation in mediation of CPSC investigation of High Temperature Plastic Vent Systems and Mid-Efficiency Heating Appliances. The CPSC mediation involved more than 30 industry participants and was the first ever CPSC-sanctioned mediation of a consumer product safety matter. The mediation was successful and formed the basis of a multi-million-dollar national remediation program and for denial of class certification in several purported plaintiff class actions.

Defense of patent infringement litigation involving tool industry; successfully limited plaintiff's damages to fraction of damages claimed.

Represented plaintiff company in breach of software contract action.  Awarded damages, attorneys' fees and costs after a four day arbitration. 

Defended apparel manufacturer in copyright and trade dress action filed by competitor. (2005 - 2006)

Represented Columbia in declaratory judgment action brought by Amgen Inc. relating to the pioneering Axel patents relating to contransformation (a method for introducing foreign Deoxyribonucleic acid [DNA} into eukaryotic cells).

Defended Johnson & Johnson Services Inc. affiliate Alza Corporation against claims of sham patent litigation and Walker Process fraud arising from ANDA litigation relating to extended release pharmaceutical technology for oxybutynin chloride.

Successfully challenged the redistricting plan approved by the Colorado Reapportionment Commission for both of Colorado's legislative houses.  45 P.3d 1237 (Colo. 2002)

Appeared and argued multiple motions concerning the grand jury report and other legal issues on behalf of the public institution in connection with the investigation of a public institution's football recruiting practices. Case No. 03-CR-002

Defended Biovail Corporation against claims of sham patent litigation arising from Abbreviated New Drug Application (ANDA) litigation relating to extended release pharmaceutical technology for bupropion hydrochloride.

Representation of insurance, retail and medical device companies in connection with their initial public offerings.

Represents Innosight Ventures in general corporate matters, including investments and portfolio company issues.

Conducted two separate internal investigations for company under investigation for violations of various environmental laws.

Conducted internal investigation for a major law firm regarding insider trading allegations by the SEC of one of its partners.

Conducted an internal investigation for a large publicly traded energy company concerning fraudulent payments to producers.

Assisted with the internal investigation for a public institution in connection with a state attorney general investigation.

Conducted an internal investigation for a public institution under investigation for violation of the Clean Water Act.

Conducted an internal investigation of a municipal police department for alleged civil rights violations.

Internal Investigation of a public utility under criminal investigation for OSHA violations.

Represented CEO of company in an investigation for selling unregistered securities.

Represent International Isotopes in various PIPE and other financing transactions, SEC compliance, corporate governance and general corporate matters.

Successfully represented terminated Spanish distributor of memory systems in dispute over its distributorship contract.

Represented member of several limited liability companies against other member in connection with claims for breach of operating agreements and breach of fiduciary duty. (2004 - 2005)

Counsel to national bank for line of credit secured by hotels located in multiple states.

Counsel to national bank for line of credit secured by hotels located in multiple states.

Counsel to developer/owner of retirement communities for $75 million line of credit, provided by Fortress Investment Group.

Represented loan servicer in modification of loan following default by borrower and approval of same by participant lenders

Defense of age discrimination claim. Prevailed on summary judgment. (2006). Affirmed by Tenth Circuit. 222 Fed. Appx. 679 (10th Cir. 2007)

Successful defense of products liability class action involving supplier of raw materials and degradation of plastic materials.

Obtained full dismissal of claims asserted by former franchisee of national franchise company.

Drafted amici curiae brief urging reversal of district court’s dismissal of an inmate’s claim under the Religious Land Use and Institutionalized Persons Act for denial of access to Kosher food as moot. 2012 WL 6635226 (5th Cir. Dec. 21, 2012)

Represented MPC in SEC compliance, corporate governance and general corporate matters.

Represented MPC Corporation (formerly HyperSpace Communications Inc.) in its Initial Public Offering and various subsequent registered offerings and PIPE transactions.

Represent Nanometrics in SEC compliance, corporate governance and general corporate matters.

Represented Nanometrics in an underwritten registered direct follow-on public offering.

Defended a former officer of company in connection with allegations of securities fraud. Case remanded then settled.

Defended a former officer of company in connection with allegations of securities fraud. Transferred to MDL. Case settled.

Defended a former officer of company in connection with allegations of securities fraud. Transferred to MDL. Case settled.

Successfully represented underwriter in connection with alleged material omissions in offering memorandum.

Representation of an NYSE listed technology company in connection with multiple primary and secondary public offerings exceeding $1.3 billion in the aggregate.

Successfully represented Oneida Steel, a Native American minority-owned steel processing company, against CF&I Steel, a nationally prominent steel company, in a fraud and breach of contract lawsuit before Judge Jim Carrigan in the United States District Court for the District of Colorado. Settlement in excess of $2 million.

Counsel to secondary market lender for operating line of credit.

Defended a former officer of company in connection with allegations of securities fraud. Transferred to MDL. Case settled.

Counsel to life insurance company for permanent loan secured by health/fitness club in Denver, CO.

Counsel to life insurance company for permanent loan secured by office building in Denver, CO.

Counsel to life insurance company for permanent loan secured by shopping area in Cherry Creek, Denver, CO.

Represented clients in obtaining, renewing, modifying and transferring permits under CWA and CAA.

Representation of Piper Jaffray in connection with an underwritten secondary offering of Sirenza Micro Devices common stock.

Successfully defended major plumbing manufacturers against class actions filed in 18 states and participated in largest national class action settlement of products liability property damage claims in United States. law at that time in which homeowners with leaking polybutylene plumbing systems could receive up to $950 million. Successfully represented major plastic plumbing manufacturer in litigation against its material supplier, DuPont, concerning DuPont's supply of material for fittings for these systems. Brass Craft, et al. v. DuPont; Delta Faucet division of Masco, et al. v. DuPont, et al.; Spencer, et al. v. DuPont, Shell, et al.; Cox et al. v. Shell, Hoechst Celanese, et al.; In re U.S. Brass.

Obtained stay of lawsuit, brought by former franchisee and arising out of termination of franchise agreement, pending arbitration in Pennsylvania by enforcing arbitration clause in face of unconscionability challenge. (2009)

Represented minority shareholder in action involving claims of breach of shareholder agreement and oral modification of pay-out provisions. (2000 - 2001)

Representation of numerous issuers and investors in connection with private placements of securities, including venture capital investments.

Counsel to national bank for several lines of credit to a public utility in Colorado.

Obtained judgment against former franchisee by enforcing settlement agreement resolving trademark infringement claims. 2007 WL 1549039 (D. Colo. May 25, 2007)

Represented national franchise company in connection with claims brought for breach of contract and successfully resisted a motion to dismiss or in the alternative stay proceedings based on Colorado River abstention grounds. 2006 WL 3371641 (D. Colo. Nov. 21, 2006).

Obtained preliminary injunction enforcing post termination provisions of franchise agreements, including non-use of trademarks under the Lanham Act and enforcing the covenant not to compete on behalf of national franchise company against former franchisee.

Represented national franchise company in connection with claims brought by former area developer and successfully resisted motion to change venue to South Carolina. 2006 WL 894882 (D. Colo. Mar 31, 2006)

Represented the franchisor of the Quiznos franchise system in an arbitration obtaining a damages award comprising of lost future royalties, prevailing party attorney's fees, and costs against a former franchisee from California. Arbitration award in favor of our client was confirmed by the Colorado trial court and affirmed by the court of appeals. 226 P.3d 1093 (Colo. Ct. App. 2009).

Represented Quiznos Franchise Company LLC and related entities and individuals in the defense of purported class action lawsuits filed in federal courts in Colorado, Illinois and Wisconsin on behalf of franchise owners. Plaintiffs brought claims under the Sherman Act, state consumer and franchise protection acts, as well as claims for common law fraud, breach of contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment. Obtained a major victory in one of the cases when the court denied the plaintiffs' motion for class certification (Bonanno v. The Quiznos Franchise Company LLC, 2009 WL 1068744 (D. Colo. Apr. 20, 2009)) and the Tenth U.S. Circuit Court of Appeals denied plaintiffs' petition for permission to appeal.

Obtained preliminary injunction enforcing post termination provisions of franchise agreement including non-use of trademarks under the Lanham Act and enforcing the covenant not to compete and then money judgment on behalf of national franchise company against former franchisee. (2004 - 2005)

Defended a former officer of company in federal securities fraud class action.

Represented Aurora Dairy in its recapitalization by Charlesbank Equity Fund.

Complete defense jury verdict in favor of Russian forest products company in connection with $30 million claim alleging breach of contract and distributorship agreement.

Counseled clients on compliance with various federal and state statutes and regulations including CERCLA, RCRA, CWA, CAA, OSHA, NEPA, and EPCRA and state law equivalents of these statutes, as well as international standards including RoHS and WEEE.

Counseled clients on compliance with various federal and state statutes and regulations including CERCLA, RCRA, CWA, CAA, OSHA, NEPA, and EPCRA and state law equivalents of these statutes, as well as international standards including RoHS and WEEE.

Represented clients in regulatory compliance enforcement actions under various federal and state statutes and regulations including CERCLA, RCRA, CWA, CAA, OSHA and state law equivalents of these statutes.

Represented and advised the Boulder Police Department in its investigation of the Jon Benet Ramsey murder.

Representation of Dex Media in successful resolution of $10 million directory error case.

Representation of the former U S WEST in claims against Time Warner arising out of Time Warner's acquisition of Turner Broadcasting Systems. Successful appeal of adverse ruling before the PUC in a $500 million rate case to the Oregon District Court.

Represented Fortune 500 company in a federal clean air and clean water case. Pled to two misdemeanors with a fine.

Obtained full defense judgment for national franchise company on claims of former franchisees after six days of trial. 2005 WL 1799536 (Colo. Dist. Ct. July 19, 2005) 

Represent Rocky Mountain Chocolate Factory in SEC compliance, corporate governance and general corporate matters.

(2006 - 2008) Represented franchisor against former California franchisee in litigation arising out of the termination of the franchise agreement. Obtained preliminary injunction enforcing post termination provisions of franchise agreement, including enjoining use of trademarks under the Lanham Act and enforcing the covenant not to compete. Thereafter successfully defended counterclaims through summary judgment and bench trial, and obtained judgment for damages and attorney fees and costs. 2007 WL 4268962 (D. Colo. Nov. 30, 2007) and 2009 WL 579516 (D. Colo. March 4, 2009) Also defended claims by same former franchisee in the U.S. District Court for the Southern District of California. 2008 WL 4838557 (S.D. Cal. Nov. 6, 2008)

Defended two former officers of company in connection with RICO allegations.  Obtained summary judgment.  Case No. 05-60667-Civ-COHN/SNOW

Represented defendant in products liability class action. Case settled.

Representation of VeraSun Energy Corporation in connection with its $450 million Rule 144A debt offering and subsequent exchange offer.

Drafted amici curiae brief in an Establishment Clause case urging reversal of the United States Court of Appeals for the Ninth’s Circuit’s decision invalidating Congress’ transfer of a parcel of land located in the Mojave National Preserve containing a cross-shaped World War I memorial to a private veterans organization. 130 S.Ct. 1803 (2010).

Represented CHB Capital Partners in the sale of Alternative Data Technology Inc. to Arrow Electronics Inc.

Represented Newmont in the sale of its California mining assets to Western Goldfields Inc.

Represented Newmont in the sale of its merchant banking division to Franco-Nevada Corporation.

Represented Wynnchurch in its sale of Student Transportation of America Inc. via Canadian Income Trust offering.

Represented Brown Cow West in its sale to Stonyfield Farm Inc.

Represented G Force in its sale to Atlantic Broadband, LLC.

Represented International Royalty Corporation in its acquisition by Royal Gold Inc. and concurrent defense against unsolicited tender offer from Franco-Nevada Corporation.

Represented Kiehl's in its sale to L'Oreal USA Inc.

Counsel to nonprofit corporation in the sale of a multi-building project located near the state capital in Denver, CO.

Represented NextAction in its sale to DataLogix, Inc.

Counsel to sellers of 45 senior living facilities managed by Sunwest Management Inc., on transactions valued in excess of $350 million with properties located in 11 states.

Representation of StorePerform Technologies Inc. in connection with its sale to RedPrairie Corporation.

Defended company in securities fraud class action and related shareholder derivative actions.

Defended a former officer of company in connection with allegations of securities fraud. Transferred to MDL. Case settled.

Represented two officers of publicly traded company in connection with SEC investigation for securities fraud and insider trading.

Represented a former officer of a publicly traded company in connection with a SEC investigation for securities fraud.

Represented a former officer of a FORTUNE 500 company in connection with a DOJ investigation for securities fraud.

Represented an attorney of a publicly traded financial institution in a SEC securities fraud and insider trading investigation.

Served as sole arbitrator in several American Arbitration Association cases; a breach of contract case between a doctor and a newly merged company concerning wrongful expulsion from shareholder membership; a breach of contract case involving a software company and a placement company; a breach of contract case involving real estate and scope of repair work damage; a securities fraud case; and real estate development case. Also served as a member of a three-person panel in a dispute concerning a franchise agreement.

Representation of multiple issuers in connection with shelf registration statements.

Represented corporation in five-day bench trial. Successful representation; obtained six-figure judgment against court-appointed receiver for failure to adequately protect assets subject to foreclosure; no appeal and full judgment collected. (2000 - 2001)

Successfully defended claim of injuries from allegedly defective benzene paint stripper.

Pre-lawsuit successful resolution of claims brought against FORTUNE 500 corporation in dispute relating to the cross-license of certain Japanese technology.

Obtained dismissal of all claims brought by former franchisee through motion to enforce arbitration clause.

Successful settlement for manufacturer of infringing crepe pans against infringer of patent held by Creative Cookware.

Defense of client in Summitville mine federal environmental superfund case in U.S. District Court for the District of Colorado. Case was dismissed on motion for summary judgment.

Lead counsel in defense of a multi-million-dollar Colorado Consumer Protection Act case; case settled.

Defended a former officer of company in connection with allegations of securities fraud filed in New Jersey State Court.

Defended a former officer of company in connection with allegations of securities fraud filed in Illinois State Court.

Successfully obtained settlement for providing proceeds for remediation of defective product.

Prosecution of products liability action for defective agricultural chemical.

Assisted Telstra, the largest telecommunications company in Australia, with strategic advice on various regulatory and court proceedings involving the regulation of relationships between Telstra and its competitors. We have mainly assisted Telstra in applying U.S. regulatory rules and experience to the Australian regulatory climate. The principal work has involved price-setting for the leasing of unbundled loops to Telstra's competitors.

Member of team that represented bank in action against FDIC for breach of contract relating to peer group return on investment.

Represented national franchise company in a case against a former area developer in which the area developer asserted claims for wrongful termination contract. Case settled after three days of trial. (2004-2005) 

Defended company and board of directors in securities fraud class action.

Representation of tw telecom inc. in connection with its $770 million secondary public offering.

Representation of client in defense of alleged criminal violations of the Clean Air Act relating to the asbestos abatement project at Fort Morgan High School, Fort Morgan, Colorado. Negotiated a successful plea with the United States resulting in a complete dismissal of all felony counts. Case No. 04-CR-0152

Representation of various underwriters in connection with underwritten public offerings.

Draft and register Uniform Franchise Offering Circulars.

Obtained dismissal of appeal challenging entry of summary judgment in qui tam action.  400 F.3d 853 (10th Cir. 2005)

Obtained summary judgment in multi-billion-dollar qui tam action, alleging Medicare, Medicaid and TRICARE fraud.  Case No. 99-CV-01259-EWN-MJW

Won $58 million judgment against pharmaceutical company based on its unjust enrichment in using professors' description of a reformulated prenatal vitamin product to obtain a patent. 216 F. Supp. 2d 1188 (D. Colo. 2002), aff'd, 342 F.3d 1298 (Fed. Cir. 2003)

Represented the University and secured a $58 million verdict against major pharmaceutical company in connection with the pharmaceutical company's fraudulent patent application and award of a patent on an invention belonging to the University.  Case No. 93-K-1657

Successfully represented plaintiff building owners in claims concerning defective mortar adhesive used in brick panel construction.

Contract negotiations and water rights transfer, remedial project oversight relating to the transfer of ownership of contaminated industrial properties including asbestos abatement, underground and aboveground storage tank closure, building demolition, and soil and groundwater remediation pursuant to federal and state authorities including state voluntary cleanup acts.

Regulatory counseling under various federal and state authorities including CERCLA, EPCRA, RCRA, CWA, CAA, OSHA, MSHA, DOT, FRA, NEPA, SMCRA, TSCA, FIFRA and state law equivalents of these statutes.  Counseling and representation of clients with respect to regulatory compliance involving international environmental authorities including RoHS directives and WEEE standards affecting business transactions in the European Union, Asia, and North and South America.

Preparation and oversight of internal investigations and audits including fatality and reportable accident investigations under OSHA; implementation of PSM audits under OSHA; implementation of RMP audits under the CAA; preparation of other environmental, safety and health audits for internal compliance evaluations, and release reporting under federal and state law.

Litigation defense against governmental and private parties including defense of cost recovery actions under CERCLA; defense and prosecution of citizen suit actions under RCRA, CWA, CAA; prosecution and defense of civil actions based in common law theories of recovery.

Implementation of due diligence investigations, negotiation and drafting merger and acquisition agreements involving environmental, safety and health issues.

Defense representation of clients in regulatory compliance enforcement actions under various federal and state authorities including CERCLA, EPCRA, RCRA, CWA, CAA, OSHA, MSHA, DOT, FRA, NEPA, SMCRA, TSCA, FIFRA and state law equivalents of these statutes.

Representation of clients with financing and commercial leasing for properties involving environmental, safety and health issues.

Representation of clients with the purchase and sale of properties, land use development and permitting including hazardous and solid waste treatment, storage and disposal facilities: transfer stations; correctional facilities; and commercial and residential development.

Representation of clients with the purchase and sale of mineral interests and related permitting and compliance.

Representation of clients with the development, transportation, processing, and sale of oil and gas products.

Successfully represented plaintiff and tried to a plaintiff's verdict of plaintiff's claim that she was the author of musical compositions that were released without her consent resulting in damages to her career.

Defended client in gender discrimination case. Case settled. 04-RB-0609

Represented a mobile content provider in a putative class action arising out of charges for downloaded ring tones under California’s unfair competition and computer crime statutes. Filed motion to dismiss based in part on Section 230 of the Communications Decency Act. Obtained voluntary dismissal of the complaint.

Obtained dismissal of fraud and breach of fiduciary duty allegations on behalf of board members.

Defended former officer in breach of fiduciary duty claims related to merger.

Represented lender in the disposition of multifamily housing apartment projects in the Denver, CO metropolitan area.

Represented lender in the sale of pooled assets owned by such lender (REO) located within the Rocky Mountain regional area.

Represented lender in the foreclosure and receivership related to a grocery-anchored shopping center in Denver, CO.

Member of team that successfully defended bank in class action brought by credit card merchants following collapse of credit card processor.

Complete defense verdict for client sued for fraud, breach of fiduciary duty and conspiracy based on removal of CEO by board of directors.