Habib Nasrullah

Biography

Cases

Commercial Litigation

• Representing an Argentinian sports figure in a high-profile case of first impression involving genetic cloning.
• Represented an oil and gas producer in an arbitrated class action in Colorado.
• Won a defense verdict in federal court for a heavy metals supplier in a $28 million breach of contract dispute.
• After trial, won reversal of a $3 million property appraisal award against American Family and disqualification of the plaintiff's national property appraiser as well as the umpire on grounds that they were not impartial and failed to disclose directly relevant financial incentives and relationships.
• Serve as trial counsel in cases involving claims under the Defend Trade Secrets Act.
• Obtained dismissal with prejudice, without any payment by WTO's client, for an online educational content provider facing allegations that it violated the Colorado Consumer Protection Act and put minors at risk.
• Negotiated settlement for a subcontractor drilling company in a significant public works project in California.
• Won reversal of a $3 million property appraisal award against American Family and disqualification of the plaintiff's national property appraiser as well as the umpire on grounds that they were not impartial and failed to disclose directly relevant financial incentives and relationships.
• Represented a Japanese-owned telecommunications company in a theft of trade secret case.
• Won a complete defense ruling for a heavy metals supplier after a week-long bench trial involving a breach of contract claim in which the plaintiff sought $28 million.
• Won a complete defense verdict in a bad faith matter for Allstate before the United States District Court for the District of Colorado.
• Represented an Icelandic software developer in a dispute with a subcontractor.
• Obtained summary judgment in district court in a professional negligence claim against WTO's client, a construction consultant, in a matter related to criminal charges brought against the consultant's client, a utility company.
• Served as trial counsel in bad faith case involving significant water damage claims at a nursing home facility.

Personal Injury and Mass Torts

• Won a jury defense verdict for a ski resort in a closely watched, $97 million catastrophic injury case in Vermont.
• Served as trial counsel for a high-profile case in Colorado alleging elder abuse resulting in death.
• Served as national counsel to a global healthcare company in multidistrict litigation involving over 12,000 claims relating to dialysis products. WTO helped develop national resolution strategy, identified bellwether cases, and negotiated settlement of all claims.
• Represented a food distributor in allegations of Listeria contamination resulting in 33 deaths and 146 confirmed cases in one of the largest and deadliest food-borne illness outbreaks in the United States.
• Serve as trial and national coordinating counsel for a generic drug manufacturer in nationwide litigation involving metoclopramide, alendronate sodium, allopurinol, and finasteride.
• Serve as trial and national coordinating counsel for the largest pharmaceutical distributor in North America in nationwide litigation involving Zoloft, Lipitor, Effexor, and fen-phen.
• Served as trial counsel for a dental clinic involving allegations of overtreatment of pediatric patients.
• Served as trial counsel for a water softener manufacturer against allegations of bacterial contamination resulting in Crohn's disease.

White Collar & Investigations

• Successfully represented a leading global chemical company in an investigation involving multiple federal agencies and international trade compliance issues.
• Represent a stock transfer agent in securities fraud investigated by the United States.
• Represent a federal contractor in a procurement integrity investigation.
• Represent senior executives in a False Claims Act investigation involving allegations of fraud on defense agencies.
• Represented a private school following a sexual assault investigation.
• Represent a senior partner of a physicians group in a federal investigation into alleged healthcare fraud and related qui tam proceedings.
• Represent the former CEO of a hospice care organization in a federal False Claims Act investigation and related qui tam litigation.
• Represent a technology company under investigation for alleged conflict of interest charges in a government contract.
• Represent a cloud-based healthcare recordkeeping service in Stored Communications Act and related compliance issues and grand jury proceedings.
• Represented an airline pilot in an investigation by the United States of crew intoxication.
• Represented a prominent Colorado lawyer in an investigation by the State of Colorado involving allegations of securities fraud.
• Represented a senior public official in corruption-related proceedings being investigated by the United States.
• Represented a Fortune 10 company in an international investigation into the alleged destruction of documents related to ongoing litigation.
• Represented an originator and servicer of mortgage loans in multiple investigations conducted by the United States into allegations of mortgage and appraisal fraud.
• Represented one of the nation's largest manufacturers of mobile home parts in allegations of corruption and regulatory noncompliance.

Criminal (as Assistant U.S. Attorney)

• Successfully tried a case filed by a sitting county court judge in southern Colorado for alleged violations of the Privacy Act stemming from the conduct of FBI agents.
• Served as trial counsel for the Denver Mint in a sexual harassment and hostile work environment lawsuit based upon an alleged assault on a female employee by a supervisor.
• Litigated multiple issues of first impression in the District of Colorado concerning computer forensic evidence under the Adam Walsh Child Safety and Protection Act of 2006.
• Prosecuted a Mexican national for failure to pay child support resulting in the secondhighest award of restitution obtained by the United States Government in a federal child support prosecution. Habib was awarded the Inspector General's Integrity Award by the Office of the Inspector General of the Health and Human Services Department.

Mass Torts

• Represented Continental Airlines and Global Aerospace in matters stemming from a 2008 incident in which a plane skidded off the runway at Denver International Airport due to strong crosswinds. The claims involved over 200 plaintiffs.
• Retained as lead trial counsel to defend General Electric against claims brought by more than 100 NATO soldiers for cancer-causing exposure to ionizing radiation from missile systems used during the Cold War. Settled all 40 related cases for what would have amounted to approximately two months' worth of defense costs.

Other Representative Experience

• Won a Tenth Circuit appeal affirming WTO's trial victory for a pro bono client who brought claims involving violations of international kidnapping protections under the Hague Convention. The appeal affirmed the trial court's decision to order the child back to her home country.
• Won a remote trial in federal court in a pro bono case for a foreign national who brought claims involving violations of international kidnapping protections under the Hague Convention. The court ruled that WTO's client's child must be returned to her home country.

Publications & Speaking Engagements

Presentations

• Presenter, "Ethics: Pitfalls in Settlement Negotiations, Litigation Management in a New York Minute - 2017 Edition," The Network of Trial Law Firms, New York, NY, (August 4, 2017).
• Presenter, "The Art & Science of Jury Selection," The CDLA Trial Academy, (April 27, 2017).
• Presenter, "Off-Label Marketing and Free Speech in the Post-Caronia and Amarin World," The ABA Life Sciences Seminar, (September 21, 2016).
• Presenter, "Ethical Issues in Internal Investigations, Litigation Management in a New York Minute - 2015 Edition," The Network of Trial Law Firms, New York, NY, (August 7, 2015).
• Presenter, "Off-Label Marketing in the Post-Caronia World," The ABA Life Sciences Legal Summit, (March 4, 2015).
• Presenter, "Taking and Defending Depositions," CLE credit to assistant U.S. attorneys and other federal agency counsel at the United States Attorney's Office for the District of Colorado, (December 3, 2014).
• Presenter, "Settlement, Approval, Ethics, and Beyond," Managing Complex Litigation 2014: Class Actions, Mass Torts & MDL, PLI conference, (October 2014).
• Presenter, "Federal Preemption and its Impact on Generic Drug Manufacturers," The ABA Life Sciences Legal Summit, (February 27, 2014).
• Presenter, "Prospective Changes in Generic Drug Regulation," Underwriters from CAN, (January 7, 2014).
• Presenter, "Interviews With Former Employees: Strategies and Pitfalls," The Prac. Litigator, at 47, (March 2005).
• Presenter, "Preparation and Presentation of Defenses of a Punitive Damages Claim in a Product Liability Case," The Center for International Legal Studies' International Product Liability and Personal Injury Conference, (March 25, 2003).
• Presenter, "Punitive Damages: A View From the Trenches," American Tort Reform Association Annual Legislative Conference for State Coalition Leaders and Citizens Against Lawsuit Abuse, (November 14, 2002).

Articles

• Co-Author, "Working with International Suppliers: Sound Contracts Minimize Risk," CNA's Life Science POV, (January 2013).
• "Mississippi Adopts 'Tort Reform'," LJN's Prod. Liab. L. & Strategy, at 1, (April 2003).
• "Pretrial Depositions and Interrogatories May No Longer Be Private," LJN's Prod. Liab. L. & Strategy, at 1, (January 2003).
• "Protecting Confidential Settlement Agreements From Third Party Access," LJN's Prod. Liab. L. & Strategy, at 1, (February 2002).
• "To Beep or Not to Beep: The Optional Equipment Defense," LJN's Prod. Liab. L. & Strategy, at 4, (April 2001).
• "Protecting the Defendant: Challenging 'Other Acts' Evidence in Product Liability Cases," LJN's Prod. Liab. L. & Strategy, at 1, (June 2000).
• "Working with International Suppliers: Sound Contracts Minimize Risk." Co-Authored, CNA's Life Sciences POV, (2013).

Press

• Benchmark Litigation 2021 Includes 23 WTO Lawyers
• 27 WTO Lawyers Recognized in The Best Lawyers in America 2019
• The Christian Science Monitor, "An Unprecedented Effort To Stem Opioid Crisis – And The Judge Behind It," May 9, 2018.
• WTO Leads Top 100 in Colorado Super Lawyers
• 26 WTO Lawyers ranked in the 24th Edition of The Best Lawyers in America
• Who's Who Legal Names Seven from WTO for Product Liability Defense
• 42 WTO Lawyers Named to the 2017 Colorado Super Lawyers List
• 20 WTO Lawyers ranked in the 23rd Edition of The Best Lawyers in America®
• Habib Nasrullah Elected Fellow by the American College of Trial Lawyers
• Law Week Colorado, "WTO Partner Named Fellow of American College of Trial Lawyers," May 13, 2016.
• 20 WTO Lawyers ranked in the 22nd Edition of The Best Lawyers in America®
• Network of Trial Law Firms, "Ethics: Ethical Issues in Internal Investigations," August 17, 2015.
• Legal 500 US Ranks Wheeler Trigg O'Donnell in Three Areas Nationwide
• Best Lawyers® 2015 Ranks 20 WTO Attorneys
• Benchmark Litigation 2013 Ranks Seven WTO Partners Among 33 Colorado Litigation Stars
• Knowledge@Wharton, "Indian Outsourcing Companies Think Strategy Even as Pressure Mounts," December 16, 2010.
• Habib Nasrullah Receives Internet Safety Award

Other Experience

Legal Memberships, Activities, and Honors

Community Memberships, Activities, and Honors

Teaching Positions

Personal Interests