Bar and Court Admissions
Joel Neckers represents clients in high-stakes litigation across the United States. His experience includes representing highly visible clients in numerous commercial disputes and dozens of consumer class actions. Joel also represents clients in complex civil litigation including shareholder disputes, professional liability claims, and claims involving catastrophic injuries and wrongful death. Benchmark Litigation named Joel a 2019 40 & Under National Star.
- Won summary judgment for Crestone Peak Resources against Boulder County in a case involving an attempt to invalidate a key oil and gas lease that would have materially impacted Crestone's $600 million investment, thereby clearing a major hurdle to significant future development.
- Obtained a temporary restraining order for a national bank in a case involving a departing employee who stole trade secrets and breached fiduciary duty.
- Defeated a preliminary injunction brought by a former investment executive who sued to nullify a noncompete and launch a competing firm by taking 50 clients representing $200 million in investments. Collaborating with another law firm, WTO showed in a two-day, federal court hearing that the former executive did not meet the requirements for injunctive relief. The Court agreed and denied the motion.
- Won an arbitration involving a $50 million claim brought by a joint venture partner against WTO's oil and gas company client.
- Served as first chair in a two-week arbitration for a wind turbine manufacturer in a commercial dispute with a supplier.
- Obtained summary judgment for a commercial lender resulting in an award of more than $2.5 million, including interest and legal fees, relating to an LLC's default on a condominium development loan.
- Won a bench trial--including an award of attorneys' fees--for a national title insurance company in connection with a case involving the fraudulent sale of property.
- Old Republic National Title Insurance v. Kornegay, 292 P.3d 1111 (Colo. 2012) - Defended an appeal seeking to overturn district court prejudgment writs of attachment and motion dismissing counterclaims in fraud/civil theft case.
- Vestas Blades v. Randall (Colo. 2011) - Won a $4.2 million judgment for a renewable energy client in a civil trial involving an executive's embezzlement from the company.
- Won arbitration, including an award of attorneys' fees, for a closely-held energy company based in Colorado in a case involving interpretation of a shareholder agreement and corporate governance issues.
- Won multiple temporary restraining orders and motions for preliminary injunctions after evidentiary hearings in cases involving breach of fiduciary duties and breach of contract.
- Served as second-chair in several arbitrations for one of the world's largest automobile manufacturers following the passage of Section 747 of the Consolidated Appropriations Act of 2010.
- Secured early dismissal of financial services company in securities lawsuit.
- Served as an expert witness for oil and gas company in attorneys' fee dispute.
- In re Sears, Roebuck & Co. Front-Loading Washer Products Liability Litigation (7th. Cir. 2017) - Won unanimous Seventh Circuit victory in a fee dispute for Whirlpool and Sears arising out of a certified federal class action lawsuit that WTO favorably settled after winning a defense verdict in the bellwether trial of related claims.
- Glazer v. Whirlpool (N.D. Ohio 2014) - Won a complete defense jury verdict for Whirlpool as co-trial counsel in a $66 million certified class action trial in Ohio involving allegedly "moldy" washing machines.
- Brown v. Whirlpool (N.D. Ohio 2014) - Obtained dismissal of class action allegations and 15 of 17 claims against Whirlpool in an environmental toxic tort case. Plaintiffs voluntarily dismissed their remaining claims after the court's ruling.
- Represented an automobile manufacturer and solar energy company in class actions involving consumer fraud and breach of warranty allegations.
- Tietsworth v. Sears (N.D. Cal. 2013) - Defeated a motion to certify a nationwide breach of warranty class in a case alleging that certain Kenmore washing machines contained defective electronic control boards that caused the machines to malfunction.
- Savett v. Whirlpool (N.D. Ohio 2012) - Secured dismissal with prejudice of a putative nationwide class action complaint alleging that certain Whirlpool washing machines were "mislabeled" with the Energy Star logo.
Catastrophic Injury / Wrongful Death
- Won a defense jury verdict in Ohio for two neonatologists facing claims of negligently handling the care of a newborn baby.
- Obtained a favorable jury verdict in South Carolina for a national healthcare company in an admitted liability wrongful death case involving punitive damages.
- Won a defense verdict for a Florida hospital in a three-week medical malpractice trial. The case involved a baby who suffered cerebral palsy after a rare delivery complication. The plaintiff sued the hospital for $7 million, claiming complications could have been avoided had a C-section been performed. The WTO team successfully argued the complication was unpredictable and unpreventable, and the doctors actually saved the mother and child.
- Won a defense verdict for a Washington D.C. hospital in a $40 million medical malpractice lawsuit that involved a baby born with severe brain damage.
- Served as second-chair in a bench trial in Washington State in a lawsuit brought against a corporation and an individual involving allegations related to an alleged traumatic brain injury and secured favorable judgment in an admitted liability case.
Other Representative Experience
- United Power, Inc. et al. v. Tri-State Generation & Transmission Ass'n. Inc., No. 19F-0521E (Colo. Public Utilities Commission) - Won a $1.25 billion exit fee dispute for an electric distributor against its generation and transmission provider. The groundbreaking decision followed one of the first remote trials in the nation in the COVID-19 era.
Publications & Speaking Engagements
- "Breaking Bad, All the Time: White Collar Crime Problems for Business Lawyers," panel presented at the Network of Trial Law Firm's Litigation Management, Defend and Protect seminar (November 2013).
"Not in That Backyard: A Practitioner's Guide to Venue Challenges and Enforcing Forum-Selection Clauses," presented to the International Association of Defense Counsel (August 21, 2013).
- "Trial by Webcam: Tips From a Firsthand Experience," Law360 (May 28, 2020)
- "Defending Health-Care Decisions to Juries in a Post-Coronavirus World," DRI's The Voice, Vol. 19, No. 21 (May 27, 2020)
- Litigation Funding: Business Protection in Uncertain Times
- Hoping for the Best, While Preparing for the Worst: Addressing Resource Shortages During a Crisis
- Some (Minor) Relief In Sight: Secretary Issues 1135 Waiver of EMTALA's Medical Screening and Transfer Requirements
- PREP Act: Healthcare Providers, Labs, and Behavioral Facilities May Invoke Immunities Related to Testing and Treatment of Coronavirus Patients
- Coronavirus: Inevitable Future Litigation Involving the Healthcare Industry
- Your Options When The Coronavirus Impacts Contractual Performance
- "An Overview of Cy Pres Distributions of Class Action Settlement Funds," ABA podcast (April 1, 2016).
- "Defending Rule 30(b)(6) Depositions In Professional Liability Cases," An ExecSense eBook, Digital Thought Leadership (February 2013).
- Lessons Learned From One of Nation's First Virtual Trials
- Coronavirus Prevention & Client Resources at WTO
- WTO Leads Top 100 in Colorado Super Lawyers
- 42 WTO Lawyers Named to the 2017 Colorado Super Lawyers List
- Law360, "Lawyers Weigh In on High Court's Class Action Ruling," January 20, 2016.
- Law360, "Volvo Seeks Toss of Suit Over Battery-Killing Radio Feature," October 19, 2015.
- Law360, "Sears, Whirlpool Ink Deal to End Some Washer Defect Suits," July 27, 2015.
- Law360, "Consumers Push Justice to Pass Up Whirlpool, Sears Cases," December 6, 2013.
- Law Week Colorado, "Wheeler Trigg O'Donnell Names Five Partners," November 22, 2011.
- Wheeler Trigg O'Donnell Names Five New Partners for 2012
Latham & Watkins LLP (2005-2008)
Legal Memberships, Activities, and Honors
40 & Under National Star, 2019
40 & Under Hotlist, 2018
Colorado Rising Stars
Class Action/Mass Torts, 2014-2018
Civil Litigation Defense, 2012-2013
Business Litigation, 2011
American Society of Legal Advocates
40 Under 40 Litigation Lawyers in Colorado, 2013 and 2014
Law Week Colorado's Up and Coming Lawyers
Federation of Defense & Corporate Counsel
2016 Outstanding Subcommittee Chair, Class Action and Derivative Suits
Committee, ABA Section of Litigation
Rocky Mountain Mineral Law Foundation
Denver Petroleum Club
Community Memberships, Activities, and Honors
Colorado Coalition for the Homeless
Skiing, rock climbing, running, travel