Tamera Westerberg
 

Tammy Westerberg has over 15 years of experience helping clients resolve professional liability disputes and complex commercial litigation through trials, arbitrations, and negotiations. Tammy dedicates a significant portion of her practice to the defense of lawyers and law firms facing malpractice claims. She also represents Fortune 500 companies, small businesses, and individuals in complex commercial litigation, including employment, construction defect, securities, and class action matters in federal and state courts. Her industry experience includes consumer goods, construction and engineering, energy (in particular oil and gas), and financial services.

Tammy's active commercial practice keeps her in close contact with the issues underlying many of the professional malpractice disputes she helps clients resolve. Early in her career, Tammy spent several years handling M&A and other corporate matters. Clients appreciate her first-hand experience and familiarity with the transactional and related issues that lie at the heart of many commercial and professional malpractice lawsuits.

Additionally, Tammy's experience includes corporate governance matters, contract and partnership disputes, internal investigations, and litigation and counseling related to consumer protection issues. In this capacity, she advises clients on quasi criminal litigation and investigations with an eye toward potential civil litigation that could follow.

Other Experience

Hogan & Hartson LLP
Kamlet Shepherd & Reichert, LLP
Brownstein Hyatt & Farber, P.C.
Petrie Bauer Vriesman & Hecht LLP

Legal Memberships, Activities, and Honors

Best Lawyers
    Commercial Litigation, 2017
Colorado Super Lawyers
    Business Litigation, 2017
    Professional Liability Defense, 2013-2016
    Top 50 Women, 2015-2017
Colorado Rising Stars
    Business Litigation, 2009-2011
Benchmark Litigation
     Future Star - Colorado, 2015-2017
Law Week Colorado - One of Six Top Women Lawyers of 2015
American Bar Association
American Bar Foundation, Fellow
Colorado Bar Association
Colorado Women's Bar Association
Denver Bar Association
Defense Research Institute
American Inns of Court
Judge William E. Doyle American Inn of Court
    Former Member
University of Denver Regional Moot Court Competition
    Attorney Advisor
Metro Volunteer Lawyers
    Pro bono representation
The Gathering Place Women's Shelter
    Pro bono representation

Community Memberships, Activities, and Honors

Girls on the Run, Coach, 2015-2016
Stanley British Primary School
    Strategic Planning Committee, 2013-present
Paddington Station Preschool
    Board of Directors, 2012-2014
Colorado Children's Campaign Circle of Friends
    Board of Directors, 2011-2014
    Legislative Liaison, 2011-2014
Denver Botanic Gardens
    Fete des Fleurs Committee, 2009-2012
Downtown Denver Partnership
    Emerging Leaders Program
SafeHouse Denver, Inc.
    Board of Directors, 2000-2007
Metro Denver Sports Commission Charities Board
    Board of Directors, 2003-2007
Girls' Sports International
    Board of Directors, 1999-2001
Greenlee Elementary School Tutoring Program
    Participant
Cheltenham Elementary Literacy Program
    Participant
Leukemia & Lymphoma Society
    Team in Training, Participant
Outward Bound Team Relay
    Participant, 2004 and 2006
Tri-for-the-Cure
    All Women Triathlon, Participant, 2008
 


Tammy Westerberg represents clients in complex commercial litigation and the defense of professional liability lawsuits, in particular for lawyers and law firms. Her practice also includes employment, investigations, and class action litigation. 

Representative Cases Legal Malpractice Legal Malpractice
  • Successfully represented several lawyers and law firms in nine different actions involving complex allegations of professional negligence in various issues, including contract, fiduciary duty, fraud, consumer protection, and others.
  • Obtained a complete dismissal and an award of attorneys' fees in a legal malpractice case involving several defendants and other claims of defamation and campaign violations.
  • Represented a Canadian law firm in a professional negligence action against several defendants arising out of failed securities transactions.
  • Represented an international law firm and lawyers in a multidefendant action involving claims for professional negligence, constitutional and statutory violations, and conspiracy among private entities, individuals, and governmental entities and representatives, arising out of a public-private partnership and contract.
  • Successfully resolved a professional liability action involving complex real estate transactions, allegations of fraud, and breach of fiduciary duties.
  • Successfully resolved a professional liability case involving a contested dissolution action without any lawsuit or monetary settlement. The putative plaintiff was seeking over $30 million in damages.
Commercial Litigation Commercial Litigation
  • Won summary judgment on multiple claims for a national dermatology practice with over 50 offices. Claims included breach of contract, conspiracy, fraud, and other allegations. Once the major claims were dismissed, the plaintiffs agreed to a nuisance settlement that involved no payment by WTO's client.
  • Serve on a trial team for commercial matters for a large automobile manufacturer.
  • Represented a large steel manufacturer in a case filed by the Attorney General of Colorado alleging significant consumer protection act violations and seeking millions of dollars, resulting in minimal damages awarded.
  • Represented a large transportation company for several years in its dissolution with a former business partner, and in contract disputes and negotiations with local contracting authorities.
  • Secured appellate affirmance of the dismissal of a commercial case involving a bank's leasing division and allegations of consumer fraud.
  • Successfully represented a construction management company in a large, public housing development dispute in Texas.
Employment & Competition Employment & Competition
  • Represented a private equity company and three individuals involved in the distressed debt industry in a case asserting a multimillion-dollar damage award for alleged misappropriation of trade secrets. The three-year litigation was complex and contentious, involving claims asserting substantial trade secret violations, as well as fiduciary duty, contract, and other tort claims.
  • Represented an information services company in obtaining a voluntary temporary restraining order and preliminary injunction against two former employees in connection with trade secret, noncompete and other contract-related claims.
  • Represented several companies in a variety of industries in enforcing non-compete and non-solicitation provisions in employment contracts, as well as advice and counseling in relation to such provisions.
  • Represented a large financial investment firm in connection with claims against a former broker in connection with alleged fraud, fiduciary duty and negligent supervision claims.
  • Successfully tried to a jury an unfair gas pricing case on behalf of two locally owned gas station/convenience stores in federal court.
  • Obtained a preliminary injunction enforcing WTO's client's non-competition agreement with a former employee after a two-day hearing in Jefferson County, Colorado.
Oil & Gas Oil & Gas Other Relevant Experience Other Relevant Experience
  • Successfully represented a university in a grand jury investigation regarding various school scandals.
  • Represented a Texas limited partnership in a disputed family partition action in New Mexico and Colorado.
Bar and Court Admissions
  • Colorado
  • U.S. District Court for the District of Colorado
  • U.S. Court of Appeals for the Tenth Circuit
Other Experience

Hogan & Hartson LLP
Kamlet Shepherd & Reichert, LLP
Brownstein Hyatt & Farber, P.C.
Petrie Bauer Vriesman & Hecht LLP

Legal Memberships, Activities, and Honors

Best Lawyers
    Commercial Litigation, 2017
Colorado Super Lawyers
    Business Litigation, 2017
    Professional Liability Defense, 2013-2016
    Top 50 Women, 2015-2017
Colorado Rising Stars
    Business Litigation, 2009-2011
Benchmark Litigation
     Future Star - Colorado, 2015-2017
Law Week Colorado - One of Six Top Women Lawyers of 2015
American Bar Association
American Bar Foundation, Fellow
Colorado Bar Association
Colorado Women's Bar Association
Denver Bar Association
Defense Research Institute
American Inns of Court
Judge William E. Doyle American Inn of Court
    Former Member
University of Denver Regional Moot Court Competition
    Attorney Advisor
Metro Volunteer Lawyers
    Pro bono representation
The Gathering Place Women's Shelter
    Pro bono representation

Community Memberships, Activities, and Honors

Girls on the Run, Coach, 2015-2016
Stanley British Primary School
    Strategic Planning Committee, 2013-present
Paddington Station Preschool
    Board of Directors, 2012-2014
Colorado Children's Campaign Circle of Friends
    Board of Directors, 2011-2014
    Legislative Liaison, 2011-2014
Denver Botanic Gardens
    Fete des Fleurs Committee, 2009-2012
Downtown Denver Partnership
    Emerging Leaders Program
SafeHouse Denver, Inc.
    Board of Directors, 2000-2007
Metro Denver Sports Commission Charities Board
    Board of Directors, 2003-2007
Girls' Sports International
    Board of Directors, 1999-2001
Greenlee Elementary School Tutoring Program
    Participant
Cheltenham Elementary Literacy Program
    Participant
Leukemia & Lymphoma Society
    Team in Training, Participant
Outward Bound Team Relay
    Participant, 2004 and 2006
Tri-for-the-Cure
    All Women Triathlon, Participant, 2008
 

Education
  • University of Denver Sturm College of Law, J.D., 1998
    Law Review, General Editor
    American Jurisprudence Award, Constitutional Law I & II
  • Whittier College, B.A., 1992, Major in Political Science; Minors in Music Performance and Psychology
Bar and Court Admissions
  • Colorado
  • U.S. District Court for the District of Colorado
  • U.S. Court of Appeals for the Tenth Circuit