Anthony C. Barbe

Biography

Cases

• Won a hearing for the majority owners of an ethanol production company to defeat a preliminary injunction attempt and completely unwind an ex parte ruling that the company's minority owners obtained to install a receiver to displace WTO's clients from running the company.
• Defended lawyers in dozens of cases involving a wide variety of legal issues including franchise law, mergers and acquisitions, and IP litigation.
• Won a defense verdict for a national carrier in a bad faith jury trial in which the plaintiff claimed the insurer must pay for a special run of bricks in order to fully repair the plaintiff's home. A 12-member jury unanimously rejected the plaintiff's claims, agreeing that WTO's client had acted in good faith. WTO also won the Tenth Circuit appeal.
• Won a complete defense verdict for a lawyer and law firm accused of malpractice in the handling of a sale of interests in the plaintiff's company.
• Won a defense verdict for a national carrier against a claim of negligent misrepresentation after a contentious appeal. After prevailing on eight claims on summary judgment, one claim was remanded for trial after an appeal. WTO's client won on the final claim after a six-day jury trial in Boulder County.
• Won summary judgment for a large regional law firm in a legal malpractice case involving claims that the firm's lawyers failed to properly advise the plaintiff regarding environmental issues in an underlying real estate transaction.
• Won a motion to dismiss and a subsequent award of attorneys' fees and costs for a large nationwide insurer involved in a dispute over coverage amounts for a home lost in the 2012 Waldo Canyon wildfire.
• Successfully defended an insurer in an insurance bad faith and breach of contract trial arising out of the devastating Waldo Canyon wildfire of 2012. The plaintiff voluntarily dismissed one claim the morning of trial, lost another claim, and was awarded just five figures on the third claim after having demanded more than $1 million.
• Represented a law firm client against allegations of ethical violations and breach of fiduciary duty in a legal malpractice case stemming from the firm's representation of a client in matters that later developed into a fierce family dispute. The case ultimately settled favorably for our client just a few weeks before trial.
• Represented a law firm client in three civil cases arising from an investigation into land use issues. The cases involved dozens of parties and tens of millions of dollars in claimed damages.
• Represented a professor at a large SEC university against allegations of tortious interference with a contract related to a technology licensing agreement. After aggressive briefing and negotiation, WTO obtained a voluntary dismissal for its client with no money paid to the plaintiff.
• Obtained voluntary dismissal with no money paid for a leading nationwide insurer in a bad faith case involving MedPay coverage. The plaintiff withdrew the complaint even before WTO filed its answer.
• Managed litigation for a leading nationwide insurer in bad faith cases related to MedPay coverage in 12 states (Alaska, Colorado, Connecticut, Delaware, Georgia, Montana, New Hampshire, North Carolina, South Carolina, Virginia, West Virginia, Wisconsin) and Washington, D.C.
• Won declaratory judgment and recovered fees and costs in a case for a large nationwide insurer involved in a dispute over life insurance proceeds.
• Developed prelitigation expert reports for an international manufacturer of home appliance components, which in many instances resulted in plaintiffs withdrawing their demands before filing a complaint.
• Worked with a trial team on a three-week jury trial, which resulted in a full defense verdict for a leading nationwide insurer. The case involved bad faith allegations related to a homeowners' insurance policy.

Publications & Speaking Engagements

Presentations

• Presenter, "Practical Judicial Ethics Dilemmas, the Lawyer's Perspective," The Biennial Judicial Ethics Training for Administrative Law Judges, (December 2, 2016).
• Presenter, "Pretrial Discovery and Depositions," Colorado Bar Association CLE, (November 2, 2016).
• Presenter, "Franchising Drafting Tips from Franchise Litigators," The Colorado Bar Association, Franchise Law Subsection, (September 29, 2016).

Press

• Vault Ranks WTO One of the "Best Midsize Law Firms to Work For"
• Wheeler Trigg O'Donnell Elects Two New Partners Anthony Barbe and Ellen Herzog
• WTO Leads Top 100 in Colorado Super Lawyers
• 42 WTO Lawyers Named to the 2017 Colorado Super Lawyers List

Legal Memberships, Activities, and Honors

Community Memberships, Activities, and Honors