Practice Areas
Industries
Education
Government Service
Bar and Court Admissions
Biography
Cases
- Defending a founder/CEO of architecture, design, and development conglomerate in a highly contentious business divorce litigation involving intellectual property and tortious interference claims.
- Representing a special committee of board of directors of closely held corporation in conducting internal investigation of company-to-executive lending activity and related corporate governance and controls.
- Defending a construction industry founder/officer in a highly contentious shareholders' derivative action seeking to unwind purchase transaction, dissolution, and damages.
- Counseling a major development-round investor in protecting/enforcing ownership rights with regard to a blockchain technology company's contentious restructuring transaction and related public offering.
- Defended founders/C-Suite executives of a national technology company in shareholders' derivative action claiming minority oppression and seeking dissolution and damages—obtained dismissal of four claims and favorable settlement of remaining two claims.
- Represented a regional business in the nutraceutical industry in defending against claims and in prosecuting counterclaims in commercial contract dispute—obtained six-figure jury verdict.
- Obtained termination/no action letter in defending a registered investment advisor in an enforcement proceeding alleging suitability violations.
- Represented a startup contract carrier operation in contested application proceeding before the PUC—prevailed at hearing and obtained Interim Order and subsequent Commission Order granting requested authority over intervenor's objection.
- Prosecuted business tort claims for a registered investment advisor against former partners in a FINRA industry dispute, and obtained favorable settlement on the eve of arbitration.
- Obtained a termination/no action letter in defending co-founder/CEO of digital asset issuer in an SEC investigation alleging violations of the anti-fraud provisions of the Securities Act, the Exchange Act, and the Advisors Act.
- Obtained favorable settlement and dismissal for a business consulting and credit repair enterprise and its founder/CEO in an enforcement action alleging a Ponzi scheme.
- Represented a regional vocational college in defending against Title VII racial discrimination claims asserted by a former employee—obtained summary judgment, dismissal of subsequent appeal, and denial of subsequent petition for a writ of certiorari.
- Represented a seller of local business in defending against claims brought by a potential purchaser and in prosecuting counterclaims and cross-claims against multiple parties—obtained full dismissal after first week of trial.
- Defended (local counsel) municipal funds and former trustees in seven consolidated securities class actions alleging securities fraud and seeking damages in excess of $1 billion.
- Defending a venture capital fund's founder, C-Suite executive, and management company in an SEC investigation regarding the Securities Act, the Exchange Act, and the Advisors Act.
- Defending a construction industry CEO in civil investigation being conducted by the U.S. Attorney's Office for the SDNY alleging False Claims Act violations.
- Obtained favorable settlement and an administrative order for a private equity fund and management team in an SEC investigation alleging Ponzi scheme and related violations of the anti-fraud provisions of the Securities Act, the Exchange Act, and the Advisors Act, and in a parallel receivership action and investors' actions.
- Won full dismissals of putative class action and parallel dissenter's rights actions for a manufacturing company, C-Suite executives, and directors in shareholder litigation seeking to unwind a complex merger transaction and damages.
- Obtained favorable settlement and dismissal for a real estate development company and its principal in enforcement action and parallel receivership actions alleging Ponzi scheme.
- Obtained a termination/no action letter in defending mutual fund's former independent trustees in SEC investigation alleging violations of the Investment Company Act of 1940.
- Won judgment on behalf of defrauded equity investor for full investment amount plus attorneys' fees in securities fraud action against former business partner in the health supplements industry.
- Obtained favorable settlement and administrative order in defending mutual fund's management team and interested trustee in an SEC proceeding alleging violations of the Investment Company Act of 1940.
- Obtained favorable settlement and an administrative order for a registered investment advisor and its president in an SEC enforcement proceeding alleging violations of the anti-fraud provisions of the Advisors Act.
- Negotiated "walk away" settlement on the eve of FINRA arbitration for a brokerage firm defending a customer dispute alleging state and federal securities fraud and breach of fiduciary duty claims.
Publications & Speaking Engagements
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Presenter, "Corporate Responsibility and the Intricacies of the Sarbanes-Oxley Act," University of Denver - Daniels College of Business, (April 2024).
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Presenter, "Lessons from the Litigators: If Only We Could Have Warned You," Business Law Institute, (September 9, 2023).
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Presenter, "Day in the Life Series: Corporate Litigator," Supreme Court Atty Mentoring Program, (March 9, 2022).
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Presenter, Roundtable Discussion with Affinity Bar Leaders, CBA-CLE, (June 5, 2021).
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Presenter, "Living and Leading in 2020: Safely Leading Partners, Employees, and Clients in the New Covid-19 Normal," CO Litigators' Summit, CBA-CLE, (Sept. 25, 2020).
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Presenter, "What Business Lawyers Do that Litigators Love," Business Law Institute, CBA-CLE, (Sept. 8, 2020).
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Presenter, "The Ethics of Working Remotely," CBA-CLE, (July 16, 2020).
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Presenter, "Introducing Tung Chan: Q&A with the New Colorado Securities Commissioner," CBA-CLE, (June 6, 2020).
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Presenter, "Legal Ethics on Silver Screen 2.0," CBA-CLE, Ethics 7.0, (Nov. 7, 2019).
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Presenter, "Knowing Your Audience: Trying Your Case Outside Metro-Denver," CO Litigators Summit, CBA-CLE, (Sept. 27, 2019).
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Presenter, "Business Books & Records, Best Practices to Avoid Litigation Risk," Business Law Institute, CBA-CLE, (Sept. 12, 2019).
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Presenter, "Legal Ethics on Silver Screen," Rocky Mountain Securities Conference, SEC, (May 3, 2019).
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Presenter, "Check-In with SEC's Regional Director, Denver Regional Office," CBA-CLE, (March 15, 2019).
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Presenter, "Maintaining Civility in the Most Heated Situations," CO Litigators' Summit, CBA-CLE, (October 26, 2018).
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Presenter, "Ethical Issues for Securities Professionals," Rocky Mountain Securities Conference, SEC, (May 7, 2018).
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Presenter, "Formation, Operation, and Dissolution: Litigator's Perspective on LLC Divorce," Business Law Institute, CBA-CLE, (Sept. 16, 2016).
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Presenter, "Hot Topics for Public Companies in 2016: General Counsel's Perspective," CBA-CLE, (February 16, 2016).
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Presenter, "What to Do If the SEC Comes Knocking," Denver Business Journal – Managing Enterprise Risk for Your Company Series, (October 13, 2015).
Presentations
Articles
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Author, "Privilege and Disqualification," Evidence in Colorado: Practice Guide, 3rd Edition. (November 2021).
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Author, "What to Expect Regarding Regulatory and Enforcement Priorities," ColoradoBiz, (September 21, 2021).
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Co-Author, "Using Waivers of Liability to Protect Your Business During COVID," Colorado Bar Association Business Law Section Newsletter, (May 2020).
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Co-author, "2 Key 10th Circ. Holdings In Western Union Derivative Suit," Law360, (May 2019).
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Author, "Privilege and Disqualification," Evidence in Colorado: Practice Guide, 2nd Edition. (April 2019).
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Author, "Privilege and Disqualification," Evidence in Colorado: Practice Guide, 1st Edition. (April 2018).
Press
Legal Memberships, Activities, and Honors
5280 Magazine
Top Lawyer
Securities, 2021-2024
Law Week Colorado
“Barrister’s Best” Best Securities Litigator 2020, 2022
“People’s Choice” Best Securities Lawyer 2021, 2023-2024
National Law Journal Trailblazers in Litigation 2021
Colorado Super Lawyers
Top 100: 2022-2024
Securities Litigation: 2018-2024
Rising Star: Business Litigation, 2009-2017
The Best Lawyers in America:
Litigation – Securities, 2020-2025
Litigation – Insurance, 2022-2025
Litigation – Banking and Finance, 2023-2025
Benchmark Litigation:
Local Litigation Star – General Commercial Litigation and Securities Litigation, 2020-2023
Martindale-Hubbell Rating: AV® Preeminent™ (Highest)
Community Memberships, Activities, and Honors
The Logan School for Creative Learning
Trustee, Board of Trustees, 2018-2023
Chair, Governance Committee, 2016-2020
WeeCycle Colorado
Board Liaison to CBA, 2009-present
Faculty of Federal Advocates, 2011-present
Colorado Bar Association
Chair, Business Law Section, 2022-2023
Chair, Litigation Section, 2019-2020
Chair, Securities Law Subsection, 2015-2021
Board of Governors,
Litigation Section Representative, 2019-2021
Business Law Section Representative, 2023-present
Colorado Judicial Institute/CBA Joint Task Force Re Diversity on the Bench,
Appointee/Member, 2021-present
Colorado Bar Association Leadership Training Program (“COBALT”), Class of 2024
Colorado High School Mock Trial Program
Championship Round Scoring Panelist/Juror, High School State Tournament 2019, 2022
Coach, Saint Mary’s Academy, 2022-present