Litigation
Our firm has handled lawsuits with amounts at issue ranging up to several billions of dollars. We have a particular expertise and reputation in jury and bench trials in complex, high-profile cases. We have a strong presence and long experience in the Colorado federal and state courts. We also have extensive experience in federal and state courts in most other western states and have appeared in courts in virtually every major metropolitan area in the United States.
Our lawyers routinely appear in state and federal appellate courts and have also practiced in bankruptcy courts, administrative law courts, tax courts, probate courts, and administrative tribunals. The firm routinely represents clients in arbitrations, mediations and other alternative dispute resolution forums.
Our areas of litigation expertise include Environmental Litigation, Natural Resources Litigation, Toxic Torts, Commercial Litigation, Corporate/Securities Litigation and Intellectual Property Litigation. The firm’s partners also represent clients in overseas litigation matters and domestic matters involving litigants from foreign countries.
Environmental and Toxic Tort Litigation
We regularly handle environmental litigation and administrative enforcement matters arising under federal and state environmental laws. These matters often involve CERCLA, RCRA, the Clean Water Act, the National Environmental Policy Act, the Endangered Species Act, and other environmental mandates. We also handle private party disputes involving cleanup obligations and financial responsibility under these statutes and related contractual and common law claims.
For example, we are currently defending a mining company in Idaho federal district court in one of the largest Superfund cases ever to go to trial. This case involves over 100 years of mining history and over $1 billion in cleanup and natural resource damage claims. We also successfully defended a major mining company against a private party asserting CERCLA contribution and breach of contract claims in a federal court trial in California.
We also represent clients in toxic tort matters. These cases have involved both individual toxic tort claims as well as multi-plaintiff claims. Our successes in this area include obtaining judgment in our client’s favor in a putative class action in which the plaintiffs sought the establishment of a long-term medical monitoring program and over $120,000,000 in economic damages.
Environmental Insurance Coverage litigation combines aspects of both commercial and environmental litigation. A thorough understanding, use and discovery of environmental conditions, as well as a fluency in utilizing and attacking environmental science experts are essential. Our lawyers have long experience in this type of litigation. A recent case involved a lawsuit against multiple insurance companies over a complex set of tort and cleanup liabilities in a complicated urban setting.
Natural Resources Litigation
We have broad experience representing natural resource development companies in a variety of forums, including federal courts, state courts and federal and state administrative hearings. These cases have ranged from environmental-related disputes involving governmental agencies to private disputes over land tenure and other contract rights.
For example, we successfully defended a client at trial in one of the largest private land disputes in the State of Nevada, which involved the enforceability and interpretation of various mineral exploration agreements and leases. We successfully defended a multi-million dollar fraud claim concerning alleged mineral rights, as well as numerous matters concerning the nature and extent of mineral development rights. In several other cases, we have successfully intervened on behalf of clients in suits filed by NGOs, challenging various federal and state agency permitting decisions.
Commercial Litigation
We represent Fortune 500 companies, small businesses and individuals in general contract and commercial tort litigation. The issues in these cases are as diverse as our client base. Our clients have included both plaintiffs and defendants, and a wide variety of financial institutions including banks, savings and loans, leasing companies, mutual funds and pension funds. The commercial litigation cases we handle arise in a variety of settings, including trial court, appellate courts, administration hearings, bankruptcy court, probate court, arbitrations and mediations.
A few examples of cases we have recently handled include: defense of a foreign shareholder in multibillion international arbitration; a complex property rights dispute involving over a million acres of land; trial of a multimillion dollar disagreement over the construction of a water treatment plant; trial of a multimillion dollar breach of contract case involving airborne geophysical exploration equipment; and a creditor in a complex adversarial bankruptcy proceeding.; and trial of a case involving fraud claims in connection with gold mining.
Corporate/Securities Litigation
We have represented a broad array of companies and individuals in corporate/securities disputes. These cases have involved, among other things, allegations of federal and state securities fraud, corporate derivative claims, claims against directors and officers, fraud or negligent misrepresentation in connection with the sale of business, and a variety of state statutory and common law claims.
The financings involved in these suits have included public debt, private placements, venture capital investments, and initial public offerings. Our clients have included the corporation itself, and individual directors and officers. Other clients in these matters have included issuers of equity and debt, broker-dealers, mutual funds, venture capital firms, investment bankers and their employees, officers and directors.
As examples, these cases have included representation of: the ex-CEO of a public company in a class action securities fraud case; a corporation defrauded in purchasing a business; an individual director of a bankrupt technology company in a suit claiming hundreds of millions of dollars in damages; a broker-dealer in multiple NYSE arbitrations arising from an unsuccessful international investment program; a mutual fund in a series of investor claims of misrepresentation; venture capital firm in a national coordinated takeover litigation; and a suit against the directors and officers of a closely held company for usurpation of corporate opportunity.
Intellectual Property Litigation
One of the salient features of American and world business has been the increasing importance of intellectual property rights. Our intellectual property practice includes litigation over trade secrets, patents, trademarks, trade names and copyrights. This litigation is often entwined with related claims such as fraud, the sale of a business, unfair competition, covenants not to compete or other employment agreements. Our intellectual property litigation practice is largely in federal district court, and occasionally in state court. Our practice is purely court-based, and we do not prosecute patents or practice as members of the patent bar.
Intellectual property is now a part of every business and our clients in intellectual property litigation reflect the breadth of this area of the law. We have represented clients from multinational corporations to individuals. A few examples of our cases include representation of: a group of famous motion picture directors in a dispute over the unauthorized editing of their works; the representation of a purchased company against former officers using intellectual property that had been sold; representation of a technology licensor in a dispute with a licensee; and the representation of an emerging company against a regional competitor with a similar name.
Our firm has handled lawsuits with amounts at issue ranging up to several billions of dollars. We have a particular expertise and reputation in jury and bench trials in complex, high-profile cases. We have a strong presence and long experience in the Colorado federal and state courts. We also have extensive experience in federal and state courts in most other western states and have appeared in courts in virtually every major metropolitan area in the United States.
Our lawyers routinely appear in state and federal appellate courts and have also practiced in bankruptcy courts, administrative law courts, tax courts, probate courts, and administrative tribunals. The firm routinely represents clients in arbitrations, mediations and other alternative dispute resolution forums.
Our areas of litigation expertise include Commercial Litigation, Environmental Litigation, Natural Resources Litigation, Toxic Torts, Corporate/Securities Litigation and Intellectual Property Litigation. The firm's partners also represent clients in overseas litigation matters and domestic matters involving litigants from foreign countries.
Commercial Litigation
We represent Fortune 500 companies, small businesses and individuals in general contract and commercial tort litigation. The issues in these cases are as diverse as our client base. Our clients have included both plaintiffs and defendants, and a wide variety of financial institutions including banks, savings and loans, leasing companies, mutual funds and pension funds. The commercial litigation cases we handle arise in a variety of settings, including trial court, appellate courts, administration hearings, bankruptcy court, probate court, arbitrations and mediations.
A few examples of cases we have recently handled include: defense of a foreign shareholder in multibillion international arbitration; a complex property rights dispute involving over a million acres of land; trial of a multimillion dollar disagreement over the construction of a water treatment plant; trial of a multimillion dollar breach of contract case involving airborne geophysical exploration equipment; and a creditor in a complex adversarial bankruptcy proceeding.
Environmental and Toxic Tort Litigation
We regularly handle environmental litigation and administrative enforcement matters arising under federal and state environmental laws. These matters often involve CERCLA, RCRA, the Clean Water Act, the National Environmental Policy Act, the Endangered Species Act, and other environmental mandates. We also handle private party disputes involving cleanup obligations and financial responsibility under these statutes and related contractual and common law claims.
For example, we are currently defending a mining company in Idaho federal district court in one of the largest Superfund cases ever to go to trial. This case involves over 100 years of mining history and over $1 billion in cleanup and natural resource damage claims. We also successfully defended a major mining company against a private party asserting CERCLA contribution and breach of contract claims in a federal court trial in California.
We also represent clients in toxic tort matters. These cases have involved both individual toxic tort claims as well as multi-plaintiff claims. Our successes in this area include obtaining judgment in our client’s favor in a putative class action in which the plaintiffs sought the establishment of a long-term medical monitoring program and over $120,000,000 in economic damages.
Environmental Insurance Coverage litigation combines aspects of both commercial and environmental litigation. A thorough understanding, use and discovery of environmental conditions, as well as a fluency with the using of and attacking environmental science experts are essential. Our lawyers have long experience in this type of litigation. A recent case involved a lawsuit against multiple insurance companies over a complex set of tort and cleanup liabilities in a complicated urban setting.
Natural Resources Litigation
We have broad experience representing natural resource development companies in a variety of forums, including federal courts, state courts and federal and state administrative hearings. These cases have ranged from environmental-related disputes involving governmental agencies to private disputes over land tenure and other contract rights.
For example, we successfully defended a client at trial in one of the largest private land disputes in the State of Nevada, which involved the enforceability and interpretation of various mineral exploration agreements and leases. We successfully defended a multi-million dollar fraud claim concerning alleged mineral rights, as well as numerous matters concerning the nature and extent of mineral development rights. In several other cases, we have successfully intervened on behalf of clients in suits filed by NGOs, challenging various federal and state agency permitting decisions.
Corporate/Securities Litigation
We have represented a broad array of companies and individuals in corporate/securities disputes. These cases have involved, among other things, allegations of federal and state securities fraud, corporate derivative claims, claims against directors and officers, fraud or negligent misrepresentation in connection with the sale of business, and a variety of state statutory and common law claims.
The financings involved in these suits have included public debt, private placements, venture capital investments, and initial public offerings. Our clients have included the corporation itself, and individual directors and officers. Other clients in these matters have included issuers of equity and debt, broker-dealers, mutual funds, venture capital firms, investment bankers and their employees, officers and directors.
As examples, these cases have included representation of: the ex-CEO of a public company in a class action securities fraud case; a corporation defrauded in purchasing a business; an individual director of a bankrupt technology company in a suit claiming hundreds of millions of dollars in damages; a broker-dealer in multiple NYSE arbitrations arising from an unsuccessful international investment program; a mutual fund in a series of investor claims of misrepresentation; venture capital firm in a national coordinated takeover litigation; and a suit against the directors and officers of a closely held company for usurpation of corporate opportunity.
Intellectual Property Litigation
One of the salient features of American and world business has been the increasing importance of intellectual property rights. Our intellectual property practice includes litigation over trade secrets, patents, trademarks, trade names and copyrights. This litigation is often entwined with related claims such as fraud, the sale of a business, unfair competition, covenants not to compete or other employment agreements. Our intellectual property litigation practice is largely in federal district court, and occasionally in state court. Our practice is purely court-based, and we do not prosecute patents or practice as members of the patent bar.
Intellectual property is now a part of every business and our clients in intellectual property litigation reflect the breadth of this area of the law. We have represented clients from multinational corporations to individuals. A few examples of our cases include representation of: a group of famous motion picture directors in a dispute over the unauthorized editing of their works; the representation of a purchased company against former officers using intellectual property that had been sold; representation of a technology licensor in a dispute with a licensee; and the representation of an emerging company against a regional competitor with a similar name.