Real Estate and Natural Resources – Entity Organization:

 

Lead defense counsel of a majority owner/operator with respect to six litigation matters initiated by a minority partner involving the development of Nebraska sand resources for natural gas fracking, resulting in dismissal of the claims and a premium sale of the $60M+ joint venture.

 

Co-counsel with Hubert Farbes and former Judge Lynne Hufnagel for an owner/developer with respect to partnership and profit sharing arbitration claims raised by a minority interest holder regarding a $100M+ mixed-use Denver infill development, resulting in dismissal of the claims and a Judgment adverse to the claimant.

 

Lead defense counsel on behalf of a Wyoming ranch owner/operator in the defense of $20M+ in arbitration claims by a minority interest holder with respect to a wind power development, resulting in summary judgment and dismissal of the claims.

 

Co-counsel with Andy Loewi on behalf of a Washington affordable housing developer with respect to profit-sharing and management claims raised by a minority interest holder regarding $100M+ in developments, resulting in dismissal of the claims.

 

General counsel for a Georgia shopping center owner with respect to member investor, lender, entity organization and operations issues, resulting in a successful financial restructuring of $30M in tenancy in common ownership entities and ongoing possession.

 

Lead counsel for a California real estate investment syndicator with respect to $9M in claims relating to five investor members, resulting in favorable settlements and membership interest buy-outs.

 

Lead counsel for Colorado tenancy in common commercial real estate ownership groups with respect to $3M+ in investor member claims, resulting in favorable settlements and membership interest buy-outs.

 

Lead defense counsel for an ownership group with respect to member investor litigation regarding scope of Manager authority for sale transaction purposes related to the sale of a $9M commercial shopping center in Texas, resulting in dismissal of the claims and a completed sale transaction to a third party.

 

Lead defense counsel for a development group with respect to $60M in claims involving five litigation matters by a joint venturer associated with $200M+ mixed-use commercial mall development in Colorado, resulting in dismissal of the claims and a favorable settlement for the development group devoid of personal liability.

 

Lead counsel for a Colorado development group with respect to amendment and restructuring of a $10M finance settlement arrangement with a joint venturer, resulting in contractual modifications favorable to the development group.

 

Lead counsel for Chaffee County landowners in defense of water rights and delivery disputes with other homeowner association members and property owners, resulting in a favorable settlement and implementation of a monitoring framework and revised water quality and system measures.

 

Real Estate and Natural Resources – Acquisition and Disposition:

 

Lead counsel for a $900K acquisition and construction build-out on a highway frontage parcel by a commercial real estate business in Montana, resulting in a successful project completion and leasing effort.

 

Co-counsel with Stanley Garnett and current Judge Christopher Zenisek on behalf of an owner/developer in the defense of claims associated with the largest 2006 mixed-use property sale in Pitkin County, resulting in dismissal of the claims and a successful closing.

 

Lead counsel for an Aspen ranch owner in defense of title company indemnification claims associated with a $12M+ residential parcel sale and related buyer litigation, resulting in dismissal of the claims and a settlement favorable to the ranch owner.

 

Lead counsel for a Tennessee shopping center owner with respect to defense of an acquisition dispute regarding sale transaction documents, resulting in a settlement and premium sale of the property to a third-party.

 

Co-counsel with a Colorado AmLaw 250 firm for a California real estate investment syndicator with respect to the securitization, equity financing and/or sale of more than seventy commercial shopping centers worth >$1.7B.

 

Lead counsel for a Colorado ownership group with respect to negotiations regarding a $75M private equity infusion for acquisition of commercial shopping centers, resulting in favorable financing.

 

Lead counsel for an ownership group with respect to a $5M+ Colorado affordable housing parcel sale adjacent to mixed-use development, resulting in a completed transaction favorable to ownership group.

 

Lead counsel for a Tennessee shopping center owner with respect to a sale transaction involving an $11M commercial shopping center, resulting in a successful closing.

 

Lead counsel for a Florida shopping center buyer with respect to sale transaction involving a $12M commercial shopping center, resulting in a successful closing.

 

Lead counsel for a Chaffee County ranch owner with respect to the phased sale of a $1M+ parcel, resulting in a successful closing and implementation.

 

Lead counsel for a Gallatin County, Montana commercial real estate investor with respect to  the $400K+ acquisition and renovation of a historic home, including finance, construction management and municipal compliance needs.

 

Lead counsel for an ownership group with respect to a $1M Colorado mixed-use shopping center pad sale, resulting in a completed transaction favorable to the ownership group.

 

Lead counsel for an ownership group with respect to the sale of Chaffee County real property and thermal rights including resolution of a buyer dispute, resulting in the eventual sale of the property on favorable terms to a new buyer.

 

Lead counsel for an employee sponsored acquisition of the largest equine veterinary business in Montana, resulting in a successful ownership transition and implementation of revised operating measures.

 

Part of the transactional and risk-management counsel team representing a mixed-use developer with respect to a successful Colorado mall redevelopment project, including joint venture structuring, eminent domain considerations, public/private financing, tenant leasing, and construction needs.

 

Real Estate and Natural Resources – Construction:

 

Lead trial counsel in the prosecution of Colorado residential construction defect and accounting claims arbitration on behalf of an owner/developer, resulting in the dismissal of $800K+ in liens and a Judgment against the involved Denver general contractor in excess of $900K that led to corporate bankruptcy.

 

Co-counsel with Stanley Garnett in the defense of a residential real estate owner/developer on payment claims by an Aspen general contractor involving $30M worth of speculative residential construction, resulting in a favorable profit sharing Judgment.

 

Co-counsel with Stanley Garnett in the defense of an Aspen homeowner on payment claims by an Aspen general contractor related to the carrying costs of financing the $19M project, resulting in a Judgment favorable to the homeowner.

 

Lead counsel for an owner/developer of the largest Denver infill development with respect to $400K in owner construction representation services claims associated with an affordable housing development, resulting in dismissal of the claims and a favorable settlement for the owner/developer.

 

Co-counsel with Hubert Farbes in the prosecution of commercial construction defect and accounting claims on behalf of a mixed-use owner/developer with respect to a major Denver metro development, resulting in an $850K arbitration Judgment against the involved design-build firm.

 

Co-counsel with Hubert Farbes for a commercial property owner with respect to prosecution of a $900K construction arbitration involving the adequacy of a building envelope for hard drive manufacturer tenant purposes, resulting in the sale of the property to a third party and associated settlement.

 

Lead counsel for a Denver residential real estate developer with respect to the defense of $300K in value adding construction design services claims and liens, resulting in a settlement favorable to the developer and dismissal of the claims and liens.

 

Lead counsel for a Denver mixed-use developer and politician with respect to the defense of $1M+ in construction defect claims associated with soundproofing, resulting in dismissal of the claims.

 

Lead counsel for a professional hockey star and the CEO of a major closely held corporation in Colorado with respect to HOA claims regarding two $1M+ private residential sports courts, resulting in an exception to the HOA covenants for the CEO’s developmentally disabled child and the sports star and dismissal of the claims with prejudice.

 

Real Estate and Natural Resources – Leasing:

 

Co-counsel with Stanley Garnett on behalf of an Aspen owner/developer with respect to a $3M+ commercial leasing dispute with the high end fractional ownership sales arm of The Ritz, resulting in dismissal of the claims.

 

Lead counsel for a pad owner with respect to the potential prosecution of ingress/egress and traffic claims associated with a mixed-use development expansion, resulting in compensation to the pad owner for potential impacts associated with the build-out of a Super Target with <$3.5M in annual location sales.

 

Lead defense counsel with respect to a leasing claim threatening the development of a $10M+ commercial property in Colorado, resulting in dismissal of the claims and a successful expansion.

 

Lead counsel for a Colorado shopping center owner with respect to a lease enforcement matter against a restaurant tenant, resulting in a Judgment and attorney fee award in excess of $200K adverse to the tenant.

 

Lead counsel for a Colorado shopping center owner with respect to a lease enforcement matter involving SteinMart, resulting in a favorable settlement to the shopping center owner.

 

Lead counsel for a Colorado shopping center owner with respect to a lease enforcement matter against Ross involving opening date and payment obligations, resulting in a favorable resolution.

 

Lead counsel for a Colorado shopping center pad owner with respect to $400K in leasing disputes involving Boston Market, resulting in a dismissal of the tenant’s claims and resolution of the leasing dispute.

 

Lead counsel for a downtown Denver retail space owner with respect to a leasing dispute with Pete’s Coffee regarding footprint size, resulting in dismissal of the tenant’s claims and a resolution that included continued tenancy.

 

Lead defense counsel for the largest privately-held broker of commercial shopping center leases with respect to leasing matters, including the prosecution or defense of tenant leasing matters in excess of $100M+.

 

Lead prosecution counsel for a large commercial real estate investment trust property owner with respect to contractual and lending enforcement actions against a solar panel manufacturer tenant involving a $12M facility in Colorado, resulting in a favorable resolution for the owner of related environmental, leasing and finance matters.

 

Lead or co-counsel for property owners with respect to the prosecution or defense of hundreds of forced entry and eviction or other lease enforcement matters throughout the country, involving well over $100M in related leasing disputes.

 

Real Estate and Natural Resources – Lending and Finance:

 

Lead counsel for an $800K loan restructuring for a commercial real estate business in Montana, resulting in consolidation of corporate debt on favorable terms.

 

Lead counsel for a nationwide real estate syndication and commercial operations conglomerate, with respect to $1B in peak valuation realization and refinance strategies from 2000 – 2007.

 

Lead counsel for a California real estate investment syndicator with respect to lender workouts, lender loan modifications, and third party sales involving a portfolio of forty-two underwater commercial shopping centers worth $165M from 2007 – 2014.

 

Lead counsel for a Colorado commercial real estate conglomerate with respect to the defense of 40+ private note enforcement cases, resulting in substantial negotiated discounts and restructurings of the aggregate $4.5M obligation on terms favorable to the business group.

 

Lead owner group counsel in defense of foreclosure and lending enforcement actions involving a $9M commercial shopping center in Colorado, resulting in lender assumption of the property and a favorable owner group settlement.

 

Lead owner group counsel in defense of foreclosure, lending and guaranty enforcement actions involving two adjacent commercial shopping centers in Arizona worth $45M, resulting in lender assumption of the property and a favorable owner group settlement devoid of personal liability.

 

Lead owner group counsel in defense of foreclosure and lending enforcement actions involving a commercial shopping center in Arizona worth $11M, resulting in lender assumption of the property and a favorable owner group settlement.

 

Lead owner group counsel in defense of foreclosure and lending enforcement actions involving a $12M commercial shopping center in Texas, resulting in lender assumption of the property and a favorable owner group settlement.

 

Lead owner group counsel in defense of a finance dispute with lender regarding a $33M lending obligation associated with a commercial shopping center in Texas, resulting in a favorable owner group settlement and loan restructuring with the existing lender.

 

Lead owner group counsel in defense of foreclosure and lending enforcement actions involving a $7M commercial shopping center in Colorado, resulting in a third party sale of the property and settlement favorable to the owner group.

 

Lead owner group counsel in defense of foreclosure and lending enforcement actions involving an $8M commercial shopping center in Texas, resulting in a third party sale of the property and settlement favorable to the owner group.

 

Lead owner group counsel in defense of foreclosure, lending and guaranty enforcement actions involving a $14M commercial shopping center in Texas, resulting in a third party sale of the property and settlement favorable to the owner group.

 

Lead owner group counsel in defense of foreclosure and lending enforcement actions involving a $5M commercial shopping center in Colorado, resulting in a third party sale of the property and settlement favorable to the owner group.

 

Lead counsel for an owner borrower group in defense of foreclosure and lending enforcement actions involving $2M in Crested Butte real property, resulting in a favorable settlement of claims and restructuring of finance obligations with the new lender.

 

Lead counsel for an owner borrower group in defense of foreclosure and lending enforcement claims involving $450K in South Fork commercial property, resulting in a favorable resolution and settlement of lender claims.

 

Co-counsel for bankruptcy of tenancy in common ownership group of $12M Texas commercial shopping center in response to foreclosure and lending enforcement actions, resulting in favorable bankruptcy restructuring of lending obligation.

 

Co-counsel for bankruptcy of tenancy in common ownership group of $14M Ohio commercial shopping center in response to foreclosure and lending enforcement actions, resulting in a favorable lender settlement and resolution of the bankruptcy proceedings as part of a third party sale transaction.

 

Lead counsel for an owner borrower group in defense of lending enforcement actions involving a $2M Summit County commercial shopping center, resulting in ongoing possession and a loan modification and restructuring favorable to the owner borrower group.

 

Lead counsel for a commercial real estate lending guarantor in defense of $18M+ in claims associated with loan defaults related to an Ohio commercial shopping center, resulting in a settlement favorable to the owner borrower group and dismissal of the guaranty claims.

 

Lead counsel for an owner borrower group with respect to refinance structure associated with an $8M commercial shopping center in Washington, resulting in a favorable loan modification agreement with the lender.

 

Lead owner borrower group counsel in defense of $9M worth of foreclosure and cross-collateralized lender enforcement actions inherited by the lender and the FDIC from a defunct Colorado banking institution, resulting in a third-party sale of the securitized commercial property and a favorable loan discount and restructuring of the remaining borrower obligations.

 

Co-counsel for an owner developer group of a $170M+ mixed-use development project in California, with respect to finance, loan origination and loan modification negotiations, resulting in the successful financing and completion of the project.

 

Lead defense counsel for a Colorado development group with respect to the defense of $2M in lending actions, including a favorable settlement to development group involving a loan modification and restructuring.

 

Lead counsel for a Colorado family with respect to lending enforcement action associated with an $8M+ residential home, including transfer of the property to lender and a favorable settlement for the homeowners devoid of personal liability.

 

Co-counsel for a development group with respect to the restructuring of $100M+ in lending obligations associated with a mixed-use commercial mall development in Colorado.

 

Real Estate and Natural Resources – Other Risk Management and Advisement:

 

Lead defense counsel on behalf of a real property owner in the defense of an adverse possession claim in Aspen involving a $10M+ residential home, resulting in dismissal of the claims and claimants agreement to pay the owner $180K in back rent.

 

Lead defense counsel on behalf of a real property owner in the defense of a constructive easement claim in Durango involving a $2M+ residential home, resulting in a settlement favorable to the homeowner and dismissal of the claims.

 

Co-counsel with a Colorado AmLaw 250 firm on behalf of commercial real estate owners and operators in defense of State environmental liability claims related to a $6M commercial shopping center, resulting in a settlement favorable to the owner operators and implementation of site remediation.

 

Co-counsel with Stanley Garnett in the defense of water and natural resource claims associated with the owner/developer of the Baca Ranch adjacent to Great Sand Dunes National Monument, resulting in the dismissal of claims and sale of the property to The Nature Conservancy.

 

Lead counsel for the Buttermilk Metropolitan District with respect to the expansion of the Pitkin County Airport, resulting in the implementation of well water mitigation measures.

 

Joint defense counsel with an AmLaw 250 firm and current Judge Richard Caschette for an oil pipe manufacturer and supplier regarding a failed drilling operation in Wyoming, resulting in dismissal of the claims.

 

Joint defense counsel with Stanley Garnett and former Judge Connie Peterson on behalf of a Colorado gas supplier with respect to the defense of governmental and adjacent property owner claims associated with natural gas flaring incidents, resulting in resolution and/or settlement of the claims favorable to the resource supplier.

 

Lead counsel for a retail commercial property developer with respect to protest activity associated with the Hermes tenant store opening at Cherry Creek North.

 

Lead counsel for a California real estate investment syndicator with respect to $4M in brokerage and finder fee claims associated with the sale of securities, resulting in a settlement and a favorable resolution of the claims at mediation.

 

Co-counsel with a Boston AmLaw 100 firm for California real estate investment syndicator in defense of $8M in claims by a Member investor, resulting in dismissal of the claims with prejudice.

 

Lead counsel for the ownership group of a prominent downtown Denver, Colorado mixed-use community with respect to commercial operations and residential HOA claims, resulting in a favorable ownership group settlement and the subsequent $40M sale of the property to a third party.

 

Lead counsel for a Colorado liquor store anchored shopping center owner regarding temporary signage and municipal code enforcement efforts, resulting in a signage exception allowance and approved expansion of center signage rights.

 

Lead counsel for a San Isabel County, Colorado property owner with respect to an historic cabin and homestead and the defense of related boundary and ingress/egress disputes, resulting in a voluntary dismissal of the claims.

 

Lead counsel for the largest privately-held owner of commercial shopping centers with respect to general risk management, member investors, and litigation outside of California.

 

Lead counsel for the largest privately-held leasing broker of commercial shopping centers with respect to entity organization, project investors, operations management and risk mitigation services.

 

Lead prosecution counsel for a California geothermal energy company with respect to note enforcement and collection efforts against cattle ranching conglomerates, resulting in a $200K+ Judgment and fee award favorable to the company.

 

Lead prosecution counsel for a Chaffee County seed capital entrepreneur with respect to contractual obligations and collection efforts against a home industry supplier, resulting in a material Judgment against the supplier and settlement favorable to the financier.

 

Co-counsel with a Colorado AmLaw 250 firm for a real estate services conglomerate in the defense of a State securities investigation, resulting in a resolution of the investigation favorable to the business and implementation of additional risk-management measures.

 

Lead litigation counsel for a Colorado Springs commercial shopping center owner/operator with respect to governmental issues associated with the I-25 expansion, including favorable resolution of related eminent domain, condemnation, construction staging, and tenant leasing issues.

 

Lead counsel for a hedge-fund sponsored resource extraction business in Arizona with respect to litigation involving contractual disputes associated with the largest North American potash mining site, resulting in a favorable resolution of related licensing and operational disputes.

 

Part of the counsel team for a Western conglomerate of Indian tribes with respect to the potential value and considerations associated with legislative settlements of water and other natural resource claims.

 

Part of a non-profit counsel team for National Environmental Policy Act claims against the Forest Service related to falldown rates for timber harvesting on Prince of Wales Island in Alaska, resulting in the adoption of responsible forest extraction regulations and long-term improvements to the Island ecosystem.

 

Part of a non-profit counsel team for Concession Act and National Environmental Policy Act claims against the National Park Service with respect to expansion of the Denali National Park internal road system, resulting in changes to Park Service stewardship and franchise fee practices in the Park.

 

Part of a non-profit counsel team for Alaska National Interest Lands Conservation Act claims against the Forest Service relating to board timber contracts in the Broadfinger area of the Tongass National Forest, resulting in changes to federal board timber sale contracting practices in the Forest to account for native subsistence natural resource harvesting considerations.

 

Part of non-profit counsel team challenging the Forest Service’s Environmental Impact Statement for pulp timber harvesting permits in the Southeast Chichagof Forest in Alaska, resulting in changes to federal pulp timber sale contracting practices in the Forest to account for native subsistence needs associated with the deer population.

 

Part of counsel team for a birding non-profit with respect to Department of the Interior special use permit practices on national wildlife refuges in Alaska, resulting in changes to federal special use permit practices on Kodiak Island beneficial to the bear population.

 

Other Business – Defense:

 

Lead counsel for a Boulder technology company CEO with respect to forced management transition and exit strategies in the wake of a company sale, resulting in a $2M+ golden parachute for the executive.

 

Part of the defense counsel team at a Colorado AmLaw 250 firm for a Colorado telecommunications company with respect to a $6M claim involving a renegade employee and sponsorship commitments, resulting in dismissal of the claims.

 

Part of the defense counsel team at a Colorado AmLaw 250 firm for a Colorado telecommunications company with respect to a $5M listing claim where liability had been conceded by prior counsel, resulting in a favorable jury trial verdict of no causation or damages notwithstanding admitted liability.

 

Part of the defense counsel team at a Colorado AmLaw 250 firm for a Colorado telecommunications company with respect to 60M+ in arbitration claims associated with servicing agreements for VOIP in Mexico, resulting in dismissal of the claims.

 

Co-counsel with Stanley Garnett in the defense of a heart valve manufacturer and supplier with respect to $20M+ in distribution contract claims raised by a foreign competitor, resulting in dismissal of the claims.

 

Lead defense counsel on behalf of a minority interest owner and operator with respect to entity management control and self-dealing claims related to a $50M+ Las Vegas nightclub empire, including dismissal of the claims and a premium buy-out of the minority owner/operator.

 

Lead defense counsel on behalf of a Las Vegas casino sublandlord with respect to landlord owner and subtenant disputes involving Senor Frogs and Treasure Island, resulting in a favorable restructuring of the landlord, sublandlord and subtenant leasing obligations.

 

Lead defense counsel on behalf of a Las Vegas casino tenant and sublandlord with respect to landlord owner payment claims, resulting in a successful notice defense and business resolution of the claims.

 

Lead defense counsel on behalf of a Las Vegas restaurant joint venturer with respect to a favorable renegotiation of the applicable investment relationship and structure.

 

Lead defense counsel on behalf of a Las Vegas nightclub owner/operator with respect to $900Kin personal injury and negligence claims, resulting in summary judgment and dismissal of the claims or settlements favorable to the owner/operator.

 

Lead defense counsel on behalf of former investment entities in a Las Vegas restaurant venture related to construction services claims, resulting in dismissal of the claims.

 

Lead defense counsel on behalf of a downtown Denver restaurant and nightclub chain owner with respect to $700K in premises liability claims, resulting in summary judgment in favor of the owner and dismissal of the claims.

 

Lead defense counsel on behalf of a Denver art house cinema owner with respect to ADA claims, resulting in additional handicap accommodations and a settlement and dismissal of the claims.

 

Lead defense counsel on behalf of a $11M Colorado company specializing in purified water for medical purposes regarding a dispute with angel seed investors over corporate management, resulting in ongoing operational control and majority ownership for the founder/operator.

 

Co-counsel on behalf of a natural food grocery business with respect to the defense of salad bar food poisoning claims, resulting in a voluntary dismissal of the litigation by the plaintiff.

 

Defense counsel on more than a dozen matters on behalf of aircraft owners, including equipment, servicing, financing, leasing and charter disputes in excess of $10M.

 

Part of the regional defense counsel team at a Colorado AmLaw 250 firm that oversaw and managed the resolution of products liability claims throughout the United States that were brought against a major bicycle distributor, including the defense of hundreds of negligence, statutory and wrongful death claims and implementation of the TORO early mediation model.

 

Part of the regional defense counsel team at a Colorado AmLaw 250 firm that oversaw and managed the resolution of negligence claims throughout the United States that were brought against the largest big box store product assembly service provider, including the defense of dozens of injury claims and implementation of the TORO early mediation model.

 

Lead joint defense counsel on behalf of a Fortune 500 security business with respect to the defense of $30M+ in tenant and tenant insurer claims resulting from an Aurora, Colorado warehouse arson incident, resulting in summary judgment in favor of the company and dismissal of the claims.

 

Lead counsel for a Colorado family business with respect to elimination of $35M worth of net debt through the sale of four commercial properties and more than two dozen finance settlements and restructurings.

 

Lead counsel for a family business with respect to the restructuring of $4M worth of net debt inherited by a lender and the FDIC from a defunct Colorado bank, resulting in the completion of loan modification agreements favorable to the family business.

 

Lead counsel for a Colorado developer with respect to the restructuring of $38M worth of project debt, resulting in the completion of loan modification agreements favorable to the developer.

 

Co-counsel with a Colorado AmLaw 250 firm in defense of litigation between hedge-fund subsidiaries involving consolidation of the portable toilet industry in southern California, resulting in a settlement and dismissal of the claims.

 

Part of defense counsel team at an AmLaw 250 firm for a Colorado higher education institution with respect to claims by and against a tenured professor, resulting in a settlement favorable to the higher education institution.

 

Lead counsel for a Colorado digital media advertising company in defense of $200K in service provider claims related to computer software and modeling services, resulting in a settlement favorable to the company and dismissal of the claims.

 

Co-counsel for the founder and owner of a privately held sinus medicine business in defense of intellectual property claims raised by an industry leader, resulting in a settlement involving the partial sale of business assets and a workaround restructuring of the medicinal formula.

 

Part of employment and risk-management advisement team for a major professional Denver sports franchise, with respect to the potential for claims against players or other exposure associated with professional and social relationships.

 

Part of defense counsel team with respect to $10M in claims by an industry leading computer company against a home video marketing producer regarding compromised direct advertising materials, resulting in dismissal of the claims with prejudice.

 

Other Business – General Counsel:

 

General counsel for a retail home store in Chaffee County, including dealership, leasing, real property, and sale transaction services.

 

General counsel for the wind down of a former Chaffee County real estate brokerage business, including partnership, risk-management and dissolution services.

 

General counsel for a crane and heavy machinery brokerage conglomerate in Nevada, including general contractual, risk management and dispute resolution services.

 

General counsel for a real estate development group in Montana focused on outdoor advertising, including general contractual, government compliance and risk management services.

 

General counsel for a commercial real estate development group in Montana focused on professional services facilities, including general contractual, leasing and risk management services.

 

General counsel for a residential real estate development group in Montana, including general contractual, construction, government compliance, leasing and risk management services.

 

General counsel for a holistic health company in Oregon, including general contractual, employment and risk management services.

 

General counsel for the largest equine veterinary clinic in Montana, including general contractual, employment, expansion and risk management services.

 

General counsel for a forensic medical expert professional services business in Montana, including rate, billing, contractual, reporting and presentation advisement.

 

General counsel for an intellectual property conglomerate in Montana focused on the veterinary industry, including general contract, trademark and licensing services.

 

General counsel for a group purchasing pharmaceutical conglomerate in Montana, including general contract, government compliance and licensing services.

 

Lead counsel for entity organization restructuring for a restaurant and food services business in Chaffee County, resulting in successful implementation of intellectual property licensing and revised member operating agreements.

 

Lead counsel for entity organization restructuring for the largest equine veterinary business in Montana, resulting in successful implementation of licensing, leasing and revised shareholder agreements.

 

Lead counsel for a Colorado small business founder and operator in an entity organization and operations dispute with a partner over $10M in disputed assets, resulting in ongoing control over the company and a favorable settlement for the founder/operator.

 

Other Business – Claimant:

 

Lead counsel with respect to the prosecution of claims on behalf of a business owner related to a failed equity infusion by a Mexican conglomerate, resulting in a favorable buyout of the equity investors.

 

Part of the Colorado plaintiff class certification counsel team at an AmLaw 250 firm for >$500M in PFOA injury claims against Dupont related to Teflon products, resulting in oversight, regulation, penalties and claimant payments related to adverse effects associated with polyfluourocarbons.

 

Lead prosecution counsel for a business owner plaintiff with respect to claims against a Colorado municipality for faulty water system design and operation, resulting in a favorable settlement for the claimant and forced modifications to the town water delivery and control mechanisms.


Lead prosecution counsel on a $600K note enforcement case by a private lender against an Aspen socialite, resulting in full payment of amounts owed by a related family member.

 

Lead counsel for a Colorado medical practitioner and clinic founder with respect to a $4M business partnership exit including payment obligation and tail liability considerations, resulting in a successful transition of the business favorable to the practitioner founder.

 

Part of the counsel team for a NY based Indian tribe with respect to negotiation of a $70M long-term lease renewal arrangement for 99 years related to land underlying a major metropolitan area.

 

Representation of more than half a dozen Indian tribes with respect to repatriation claims against natural history museums and other institutionalized collections of artifacts and remains, resulting in the negotiated return of religious and ancestral objects.

 

Ethics and Professional Liability:

 

Co-counsel on the defense team representing a prominent Denver criminal defense attorney, the FBI, and the U.S. Attorneys Office with respect to RICO conspiracy allegations associated with Medicare and Medicaid billing practices, resulting in a dismissal of the claims and affirmation of the Judgment on appeal at the 10th Circuit.

 

Lead counsel in the defense of a Medicaid/Medicare services provider related to fraud and billing claims raised by the Department of Health and Human Services, resulting in dismissal of the claims and affirmation of the Judgment on appeal at the 10th Circuit.

 

Co-counsel with the State and acting Special Assistant Attorney General in the defense of negligence claims brought against a Colorado correctional mental health facility and its health care providers related to an inpatient inmate suicide, resulting in dismissal of the claims.

 

Co-counsel with current Judge Elizabeth Starrs, current Judge Richard Caschette, Mark Fogg and others in the defense of dozens of attorneys, doctors, nurses and other health care practitioners and/or institutions with respect to professional liability and/or responsibility claims, including related ethical considerations.

 

Co-counsel for a major Colorado law firm with respect to a failed merger and the defense of client claims associated with liability for class prosecution costs, resulting in the dismissal of client claims against the law firm.

 

Lead counsel for a Colorado developer with respect to the defense of an attorney fee dispute with a law firm over representation in the developer’s dispute with a hedge-fund investment partner, resulting in a substantial reduction of the billed services and a resolution favorable to the developer.

 

Lead counsel for a Las Vegas sublandlord with respect to an attorney fee dispute with a law firm over representation in the sublandlord’s dispute with a casino operator, resulting in a substantial reduction of the billed services and the successful transition of representation to another law firm.

 

Lead counsel in defense of the largest equine veterinary clinic in Montana with respect to stud semen spoilage claims, resulting in a settlement favorable to the clinic and the institution of protective backstop measures for utility interruptions.

 

Co-counsel in defense of the largest equine veterinary clinic in Montana with respect to negligence claims, resulting in settlements favorable to the clinic and the institution of additional corporate policies and procedures for risk mitigation purposes.

 

Part of defense counsel team for the City and County of Denver Police with respect to Section 1983 human rights and misconduct claims against the Department.

 

Part of defense counsel team for the Colorado Department of Corrections with respect to sexual assault claims against a State prison guard, resulting in dismissal of the claims and reincarceration of the plaintiff due to parole violations.

 

Insurance:

 

Co-counsel in the prosecution of an insurance coverage arbitration claim by a Fortune 500 company operating in Colorado with respect to an underlying adverse $12M+ employment verdict and lead amicus counsel for a non-profit conglomerate of Fortune 500 companies in a related pending Colorado Supreme Court matter - resulting in a change in notice-prejudice law in Colorado, summary judgment against the insurer on coverage, and a reversal of the underlying adverse employment trial verdict on appeal. 

 

Co-counsel in the prosecution of a bad-faith claim against a bankrupt homebuilder’s insurer on behalf of the Colorado homeowner, resulting in a favorable settlement in excess of $1M.

 

Co-counsel in defense of an insurer with respect to $50M in bad-faith claims by a Colorado homebuilder related to construction defect exposure, resulting in dismissal of the claims.

 

Counsel for various insurers with respect to coverage opinions prepared in anticipation of or response to declaratory judgment or bad-faith litigation regarding insurance disputes.

 

Lead counsel for a Colorado entrepreneur with respect to a custom negotiated and designed insurance policy from Lloyds of London for an around the world balloon trip.

 

Lead counsel for a Colorado family with respect to insurance coverage for growth hormone medication, resulting in a favorable coverage and insurer cost-sharing outcome for the insured child.

 

Lead counsel for a Colorado homeowner with respect to plumbing and HVAC insurance coverage claims associated with residential construction defects, resulting in $500K in insurance coverage for the homeowner.