Tamera D. Westerberg

Biography

Cases

Commercial Litigation

• Won a plaintiff's jury verdict in Denver District Court for an investor in a multi-million dollar breach of contract trial. The case arose out of a mismanaged real estate development project.
• Won a trial verdict for a commercial property management company in a real estate dispute involving a marijuana growing facility. The seven-day trial began in March, 2020, was interrupted by the pandemic, and concluded remotely in July, 2020.
• Successfully settled $40 million dispute involving claims for breach of contract, breach of fiduciary duty, defamation and fraud, with no monetary obligation.
• Successfully represented financial services company in various securities investigations.
• 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.
• Served on a trial team for commercial matters for a large automobile manufacturer.
• Won a motion for temporary restraining order and preliminary injunction related to the sale of pipelines in Mexico against seller's attempt to sell property to third party in Texas.
• Successfully represented a construction materials manufacturer and installer in several commercial contract and construction defect claims.
• 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.
• Successfully represented various entities and individuals in government investigations involving claims of securities fraud, healthcare industry violations, consumer protection violations, and fiduciary violations.
• Represent residential property owners in fraud and breach of contract claims against seller arising out of failure to disclose significant mold and water intrusion before sale.
• Successfully managed settlement negotiations for large financial debt relief company in significant litigation filed by Colorado Attorney General alleging consumer fraud and statutory violations.

Employment & Competition

• Successfully negotiated settlement of a multimillion-dollar dispute arising out of broker-dealer's termination from employment at Fortune 500 company with no monetary obligation.
• Won affirmance preserving WTO's trial court dismissal of a wrongful termination lawsuit involving the public policy exception to employment at will.
• Successfully tried to a jury an unfair gas pricing case for two locally owned gas station/convenience stores in federal court.
• 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.
• 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.
• 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.

Oil & Gas

• Successfully managed settlement negotiations for an oil and gas client facing divergent concerns from two sets of plaintiffs. WTO worked closely with our client to develop a detailed surface use agreement providing access to underlying resources while also addressing fugitive dust concerns.
• Belmont v. BP America Production (D. Wyo. 2015) - Defeated class certification for BP in a natural gas royalties underpayment case heard in federal court in Wyoming.
• Represented BP in several class actions involving underpayment of royalties and other contractual disputes.
• Won a reversal from the Tenth Circuit in favor of BP in a case alleging underpayment of royalties.

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.
• 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.
• Successfully resolved a professional liability action involving complex real estate transactions, allegations of fraud, and breach of fiduciary duties.
• 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.
• Represented a Canadian law firm in a professional negligence action against several defendants arising out of failed securities transactions.

Other Representative Experience

• Won summary judgment on all claims, and counterclaim for malicious prosecution of those claims, asserted in long-standing family dispute arising out of a partition of a 56,000 acre ranch straddling Colorado and New Mexico.
• Won motion for attachment of settlement and judgment proceeds for foreign client resulting from claims of fraud and civil theft, and corresponding settlement of complex, multi-entity partnership dispute arising out of ownership and management issues.
• Obtained ex parte injunctive relief in business divorce involving claims of breach of fiduciary duty, theft of health records, breach of contract and other business torts, resulting in a favorable settlement and separation of the partnership interests and assets.
• 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.

Publications & Speaking Engagements

• "When Good Lawyers do Bad Things," presented at the Workers' Compensation Spring 2018 Update (March 9, 2018).

Press

• Benchmark Litigation 2021 Includes 23 WTO Lawyers
• 27 WTO Lawyers Recognized in The Best Lawyers in America 2019
• WTO Leads Top 100 in Colorado Super Lawyers
• 26 WTO Lawyers ranked in the 24th Edition of The Best Lawyers in America
• 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®
• Law Week Colorado, "Top "Women 2015: Tamera Westerberg," May 13, 2015.
• Partner Tamera Westerberg Named Top Woman Lawyer
• Law Week Colorado, "Top 50 Women: 2015," April 8, 2015.
• Law Week Colorado, "Wheeler Trigg O'Donnell Names Two New Partners," December 10, 2012.
• WTO Elects New Partners Andrew Unthank and Tamera Westerberg

Other Experience

Legal Memberships, Activities, and Honors

Community Memberships, Activities, and Honors