Mark E. Baker (Shareholder) born Colorado Springs, Colorado, December 27, 1973; admitted to bar, 2000, Colorado. Education: University of Colorado at Boulder (B.S., Business Administration, summa cum laude, 1995) Boettcher Scholar; Presidents Leadership Scholar; University of Colorado at Boulder (M.A., Economics, 1997); University of Chicago Law School (J.D., 2000) John M. Olin Fellowship for the study of Law and Economics; Comments Editor, University of Chicago Roundtable. Mark E. Baker focuses his practice on commercial real estate law. Prior to joining the firm, Mark was an associate with the Denver office of an international law firm where he practiced primarily in the areas of real estate law and commercial transactions.
Areas of Concentration
· Real Estate Law:
- Master planned residential communities and residential home builders
- Commercial transactions
- Financing transactions
- Development transactions
- Entity selection and formation
- State lien laws
- Construction law
Professional & Community Involvement
· Associate, Home Builders Association
· Member, Denver Bar Association
· Member, Colorado Bar Association
Member: The Colorado Bar Association; Denver Bar Association.
Languages: French. Practice Areas: Real Estate.Email: Mark E. Baker
Naomi G. Beer (Shareholder) born Brooklyn, New York, March 3, 1970; admitted to bar, 1995, New York; 1996, District of Columbia; 1998, Colorado; U.S. Court of Appeals for the District of Columbia Circuit; U.S. Court of Appeals, Fourth Circuit; U.S. Court of Appeals, Ninth Circuit; U.S. Court of Appeals, Tenth Circuit; U.S. District Court for the District of Colorado; U.S. District Court for the District of Columbia; U.S. District Court for the District of New Mexico; U.S. District Court for the Eastern District of Virginia. Education: Barnard College (B.A., cum laude, 1991) Dean's List; Georgetown University Law Center (J.D., 1994) Articles Editor, Journal of Law and Policy in International Business.
Naomi G. Beer concentrates her practice on complex commercial and employment litigation with a focus on clients involved in the retail, energy, insurance and manufacturing industries. Naomi has represented clients in numerous state and federal trial and appellate courts throughout the United States. Naomi has also had experience in managing and coordinating litigation for clients faced with related proceedings pending in multiple jurisdictions.
Areas of Concentration
· Commercial litigation
· Employment/wage and hour
· Class action
· Energy litigation
· Insurance coverage
· Appellate
· Discovery/privilege issues
Significant Representations
· National coordinating counsel for Fortune 50 company in connection with dozens of wage and hour class actions pending in state and federal courts across the United States. Responsible for coordinating all aspects of pretrial, trial and appellate proceedings including written, document and electronic discovery, depositions, motions practice, class certification proceedings and overall strategy. Also, co-lead counsel in MDL proceeding involving 20 of these wage and hour class actions.
· Representation of Fortune 50 company in proceedings related to alleged violations of immigration laws, including governmental and internal investigations, related civil litigation and advice regarding ongoing compliance programs.
· Representation of Fortune 50 company in internal and governmental investigations and related civil litigation relating to alleged misconduct by senior company executives.
· Representation of major energy company in federal, state (trial and appellate) and governmental proceedings arising out of pipeline rupture.
· Responsibilities included coordination of all aspects of discovery with respect to DOJ, NTSB and civil proceedings.
· Representation of major energy company in complex cases involving, among other things, pipeline ruptures, royalty disputes, alleged antitrust violations, and alleged breaches of various oil and gas contracts.
· Obtained verdict in excess of $26 million on behalf of multinational mining company on claims arising out of defective mining equipment.
Professional & Community Involvement
· Member, Colorado Bar Association
· Member, American Bar Association
Awards & Recognition
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine, 2006
Clerkship
· Law Clerk, Honorable Richard S. Salzman, District of Columbia Superior Court, 1994-1995
Member: The Colorado Bar Association; American Bar Association.
Practice Areas: Class Action Litigation; Labor & Employment; Insurance Recovery & Advisory.Email: Naomi G. Beer
Bradley K. Benson (Shareholder) born Pender, Nebraska, November 9, 1961; admitted to bar, 1989, North Carolina; 1995, Colorado. Education: Wheaton College (B.A., with honors, 1984); University of Notre Dame Law School (J.D., 1988); University of Denver (LL.M., Taxation, 2002).
Bradley K. Benson centers his practice on commercial real estate and business transactions. His real estate experience includes acquisition, sale, financing, land use, zoning, easements, subdivision, title, and leasing of real property interests. Brad also assists clients in tax related real estate transactions, including ownership structuring, like-kind (1031) exchanges, and conservation easements.
In his business practice, Brad represents business and property owners in all matters of planning, formation, operation, merger, finance, acquisition and sale.
Areas of Concentration
· Real estate law
- Acquisitions and dispositions
- Financing
- Land use and development
- Office, industrial and retail leasing - landlords and tenants
- Section 1031/like-kind exchanges
- Conservation easements
- Entity selection and formation
· Business law
- Mergers and acquisitions
- Contract negotiation
- Entity planning and formation
Significant Representations
· Representing national self storage/mini warehouse operator in acquisition, financing and ongoing business transactions, including acquisition of 70 properties in single closing.
· Negotiation and drafting of transaction documents for real estate acquisitions and dispositions, including office, retail, and land transfers.
· Negotiation and documentation of conservation easements, including coordination and assessment of underlying due diligence, and sale of resulting conservation tax credits under Colorado statute.
· Negotiation of terms and documents for complex real estate acquisition financing, including mezzanine and CMBS financing.
· Represented buyer of assets from international manufacturer, importer and wholesaler of fishing tackle, including entity planning, formation, and multi-tiered financing.
· Representation of real estate lenders, including negotiation and drafting of financing agreements.
· Represented developer of second-home fractional ownership/tenant-in-common (TIC) properties, including drafting of joint ownership and management agreements.
· Representing medical/industrial gas distributor, including negotiation of vendor agreements with local, regional, and international suppliers.
· Represent multiple sellers and buyers of business assets, including drafting and negotiation of sale agreement, employment agreements, and related closing documents.
· Counsel taxpayers in IRC 1031 like-kind exchange transactions.
Professional & Community Involvement
· Volunteer, Hope Communities Real Estate Committee
· Volunteer, Inner City Health Center Real Estate Committee
· Member, Colorado Bar Association
· Member, Denver Bar Association
· Member, American Bar Association
Awards & Recognition
· AV® Peer Review Rated
Articles, Publications, & Lectures
Speeches
· Speaker, Forbes Business Investments Program "How to Sell Your Business," June, 2005
· Speaker, Lorman Education Services "Like-Kind Real Estate Exchanges in Colorado," October, 2002
Member: Colorado Bar Association; Denver Bar Associaton; American Bar Association.
Practice Areas: Real Estate; Real Estate Operations; Land Development.Email: Bradley K. Benson
Stephen J. Dietrich (Shareholder) born Stevens Point, Wisconsin, July 28, 1970; admitted to bar, 1995, Minnesota (inactive); 1999, Colorado. Education: University of Minnesota, Twin Cities Campus (B.A., Political Science, summa cum laude, 1992); Georgetown University Law Center (J.D., 1995). Stephen Dietrich focuses his practice on representing corporate or other entities in mergers and acquisitions, debt and equity financing, and restructuring transactions. A key portion of Stephen's practice consists of working with retail automobile dealers in the acquisition or disposition of business operations, including manufacturer matters, real estate, financing and dealer licensing. He also works with automobile dealers in all aspects of day-to-day operations including real estate, finance and day to day matters. Stephen is also involved in the financing, construction and development of alternative energy operations, specifically in the ethanol industry.
In addition to the auto and alternative energy industries, Stephen works with companies in many sectors and industries as corporate counsel on formation, capital raising and operational matters. Recently, Stephen has worked with a telecommunications start-up company, a clothing manufacturing company, and a medical device start-up. Further, as part of his corporate practice, he represents various clients involved with commercial real estate and related financing matters.
Stephen has handled the structuring and implementation of acquisition and disposition programs for corporations to purchase multiple businesses through either asset or stock purchase transactions. As part of his corporate practice he works on all aspects of representation for his clients, essentially acting as outside general counsel for several clients.
Areas of Concentration
· Automobile dealerships
· Mergers and acquisitions
· Corporate finance and securities
· Corporate restructuring
· Commercial real estate finance
· Corporate governance
Significant Representations
· Worked with auto dealership group to structure and implement an acquisition and consolidation plan on a nation-wide basis.
· Represents several retail automobile dealers in buy/sell transactions and related real estate and corporate restructurings.
· Worked with major automobile manufacturer in connection with financing/development program relating to the acquisition and disposition of single and multiple line automobile dealerships over a several year period. This representation involved real property acquisition and leasing issues.
· Worked with a large private real estate holding company on various components of real estate business including retail acquisition or disposition, leasing, development, and property management.
· Represents several start-up technology companies and assists with all matters, including corporate governance and capital-raising.
Professional & Community Involvement
· Board of Directors, Aurora Economic Development Council
· Board of Directors, Families First, Inc.; (a Colorado non-profit corporation), 2002-present
· Member, Colorado Bar Association
· Member, Minnesota Bar Association, Business Law Section
· Volunteer, Ricks Center (University of Denver)
Awards & Recognition
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine as a Rising Star, 2009
Articles, Publications, & Lectures
Articles
· Author, "US Auto Dealership Acquisition Financing Tension," Financier Worldwide Magazine, January 2008
Member: The Colorado Bar Association; Minnesota State Bar Association (Business Law Section).
Practice Areas: Automotive Dealerships; Corporate & Securities; Real Estate; Energy & Natural Resources.Email: Stephen J. Dietrich
Brian L. Duffy (Shareholder) admitted to bar, 1991, Colorado; U.S. Court of Appeals, Ninth Circuit; U.S. Court of Appeals, Tenth Circuit; U.S. District Court for the District of Colorado; U.S. District Court for the District of New Mexico. Education: University of South Dakota (B.S., summa cum laude, 1988); University of Colorado School of Law (J.D., 1991) Order of the Coif; Notes and Comments Editor, University of Colorado Law Review.
Brian L. Duffy is the chair of Greenberg Traurig's national litigation practice group. He focuses his practice on trial and appellate work in the class action, employment, energy, insurance coverage, oil and gas, commercial contract, and product liability areas.
Areas of Concentration
· Trial
· Appellate
Significant Representations
· National coordinating counsel for Fortune 50 company in defense of approximately 70 wage and hour class actions.
· Lead defense counsel in multi-district litigation proceeding involving 23 putative wage and hour class actions.
· Representation of company in proceedings related to alleged violations of immigration laws, including governmental and internal investigations, related civil litigation, and compliance programs.
· Representation of major energy company in three-week breach of contract trial involving a defective piece of mining equipment which resulted in judgment of $30 million in favor of our client.
· Assisted clients in insurance coverage matters which have resulted in over $100 million in recoveries.
· Represented numerous energy companies in complex cases involving, among other things, pipeline ruptures, royalty disputes, alleged antitrust violations, and alleged breaches of various oil and gas contracts.
Professional & Community Involvement
· Chairman, American Bar Association, Energy Litigation Committee, 1999 - 2001 (held numerous leadership positions since 1993)
· Member, Colorado Bar Association
· Member, Denver Bar Association
· Member, Faculty of Federal Advocates
Awards & Recognition
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine, 2006 - 2009
Clerkship
· Judicial Clerk, Judge Jim R. Carrigan, United States District Court for the District of Colorado
Articles, Publications, & Lectures
Articles
· Author of several articles published in the Energy Litigation Newsletter, including "The Crime Fraud Exception to the Attorney-Client Privilege: A Narrow Exception, Not the Rule," Summer 1997; Litigation Budgets and Alternative Billing, Spring 1996
Member: American Bar Association (Chairman, Energy Litigation Committee, 1999-2001; held numerous leadership positions since 1993); The Colorado Bar Association; Denver Bar Association.
Practice Areas: Chair, Litigation; Appellate; Retail; Insurance Recovery & Advisory; Labor & Employment.Email: Brian L. Duffy
Troy A. Eid (Shareholder) born Chicago, Illinois, November 2, 1963; admitted to bar, 1991, Colorado; 2005, Navajo Nation; U.S. Court of Appeals, Fifth Circuit; U.S. District Court for the District of Colorado; U.S. District Court for the District of Wyoming. Education: Stanford University (A.B., Russian Language and Literature, 1986) Elected Editor-in-Chief & President, The Stanford Daily; Awarded 1986 John Gardner Public Service Fellowship; Honors Program, Stanford Center for National Security & Arms Control; University of Chicago Law School (J.D., 1991) Associate Managing Editor, The University of Chicago Law Review; Awarded 1991 Bradley Fellowship in Law & Government.
Former United States Attorney Troy A. Eid focuses his practice on litigation, environmental law, energy, land use, natural resources, American Indian law, and corporate compliance and investigations. This includes practice before federal, state and tribal courts, as well as administrative and regulatory agencies.
Troy rejoined Greenberg Traurig after having served as the U.S. Attorney for the District of Colorado from 2006 to 2009. In that capacity, Troy was Colorado's chief federal criminal prosecutor and represented the United States in civil cases where the government was party to a lawsuit.
As U.S. Attorney, Troy's office increased criminal cases in every part of the state while handling one of the country's busiest and most complex civil dockets. This included the largest insider-trading prosecution in U.S. history; creating task forces in health care fraud, procurement fraud, and the export of controlled technologies; and coordinating the biggest violent gang takedown in the Rocky Mountain West. Troy also partnered with the Southern Ute Indian Tribe and the National Congress of American Indians to establish a nationally recognized program to train Native American law enforcement officers from 35 Indian nations to fight domestic violence and other crimes.
Troy's past litigation experience includes having served as lead counsel in representing one of the world's largest corporations in a national enforcement action by the U.S. Department of Justice and the Environmental Protection Agency alleging violations of the storm water provisions of the Clean Water Act at multiple construction sites across the country.
From 1999 to 2003, Troy served on the cabinet of former Colorado Governor Bill Owens. He helped create and served on the blue-ribbon commission that reviewed the law enforcement response to the mass shootings at Columbine High School in 1999. Troy went on to serve as Secretary of Personnel and Administration, responsible for state finance, procurement, information technology, 70,000 state employees and $9 billion in real estate.
An Adjunct Professor in American Indian Law at the University of Colorado, Troy is active in the Navajo Nation Bar Association and serves on its Training Committee. He is also a consultant to Fox Valley Technical College, a national contractor to the U.S. Department of Justice on public safety and justice-related curriculum development and educational services for nearly 200 Indian Tribes across the United States.
Areas of Concentration
· Litigation
· Environmental law
· Land use
· Energy
· American Indian law
· Administrative and regulatory law
· Corporate investigations and legal compliance
Professional & Community Involvement
· Member, Colorado Bar Association
· Member, Navajo Nation Bar Association
· Member, American Law Institute
· Member, Rocky Mountain Mineral Law Foundation
Awards & Recognition
· AV® Peer Review Rated
· Listed, Chambers & Partners USA Guide, an annual listing of the leading business lawyers and law firms in the world, 2005-2006 and 2006-2007 editions
· Government Advocate of the Year Award for the Western United States (Region II), United States Hispanic Chamber of Commerce
· Government Advocate of the Year Award, Denver Hispanic Chamber of Commerce
· U.S.-Spain Young Leaders Program
· American Marshall Memorial Fellowship, German Marshall Fund of the United States
· Trans-Atlantic Forum, Bertelsmann Foundation-Center for Applied Policy Research, University of Munich (Germany)
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine, 2006-2008
Previous Employment
· United States Attorney, District of Colorado, August 2006 - January 2009
· Cabinet Member, Colorado Governor Bill Owens, 1999-2003
· Chief Operating Officer & General Counsel, InfoTEST International, an Internet applications development consortium founded by Hewlett-Packard Co. and including AT&T, Sprint, IBM, 3M, Harvard University and 60 corporations, universities and research laboratories, 1994-1998
· Associate, Holme Roberts & Owen LLP, Denver, Colorado, 1992-94
· Law Clerk to Judge Edith H. Jones, U.S. Court of Appeals for the Fifth Circuit, 1991-92
Articles, Publications, & Lectures
· Witness, United States Senate Committee on Indian Affairs, Hearing on S.797 - the Tribal Law and Order Act of 2009, June 2009
· "Beyond Oliphant: Strengthening Criminal Justice in Indian Country," The Federal Lawyer, March-April 2007
· "Strategic Democracy-Building: How States Can Help" (co-authored with Governor Bill Owens), in Alexander T.J. Lennon, editor, Winning Hearts and Minds: Using Soft Power to Undermine Terrorist Networks (Massachusetts Institute of Technology Press, 2003), pp. 130-149
Member: The Colorado Bar Association; Navajo Nation Bar Association; American Law Institute.
Languages: Russian, Conversational. Practice Areas: Litigation; Environmental; Energy & Natural Resources; American Indian Law.Email: Troy A. Eid
David H. Goldberg (Shareholder) born Chicago, Illinois; admitted to bar, 1983, Colorado; 1985, Illinois; U.S. District Court for the District of Colorado. Education: University of Northern Colorado (B.A., 1980); Chicago-Kent College of Law (J.D., 1983).
David Goldberg is an experienced trial attorney and represents plaintiffs and defendants in complex civil litigation, including cases of first impression. His litigation practice focuses on commercial disputes, business torts, employment law, intellectual property law, securities law and real estate law. He has represented financial institutions and companies in business and commercial real estate disputes, as well as construction and ADA disputes. He also represents clients in disputes involving employment agreements, covenants not to compete, trade secrets and proprietary information.
David has taught at the National Institute for Trial Advocacy for the past fifteen years, and has earned a "NITA Teaching Certification." He is also a frequent participant in Continuing Legal Education programs on complex civil litigation, employment law, trade secrets and intellectual property. In addition, David acts as a neutral for the American Arbitration Association.
David's background includes diverse business and legal experience, having owned an Internet company with offices in Denver and Chicago. David's business background has allowed him to develop a genuine understanding of financial and business issues in litigation. This experience enables him to act effectively as outside general counsel for several companies, including the largest sightseeing and tour company in the world with operations in more than 60 countries.
Prior to joining Greenberg Traurig, David ran his own law firm. He was also formerly the managing partner of an international law firm's Moscow office where his practice focused on international transactions, financing, licensing and distribution agreements. He also negotiated and drafted outsourcing agreements for large multinational companies.
Areas of Concentration
· Employment litigation
· Real Estate litigation
· Securities litigation
· Corporate governance litigation
· Intellectual property litigation
· Construction litigation
Significant Representations
· Representation of a multi-billion dollar company through trial in a lengthy civil racketeering case.
· Representation of a company in defeating a motion for preliminary injunction filed by a fortune 100 company, resulting in dismissal of remaining claims, including claims for civil racketeering and violations of the Colorado consumer protection act.
· Obtained a settlement for a company in matter involving a complex Chinese joint venture.
· Representation of two clients in protracted probate litigation involving more than $100 million.
· Representation of a client in a securities fraud arbitration resulting in an award that included exemplary damages.
· Representation of the chairman of the board and the controlling shareholder of a large publicly traded company through the acquisition of a related entity.
· Representation of prevailing party in litigation involving claim of fraudulent inducement in the sale of a Denver office building.
· The above matters were handled by David prior to him joining Greenberg Traurig.
Professional & Community Involvement
· Leadership Circle, Denver Metro Chamber foundation, 2005
· Board Member, Mile High Chapter of the American Red Cross, 2004-present
· Board Member, Colorado Ethics and Business Alliance, 2006-present
· Counsel, Focus Points Family Resource Center, 2006-present
· Member, Denver Metro Chamber of Commerce Masters Group, 2005-present
· Board Member, Denver Metro Chamber Foundation, 1998-2006
· Board Member, Urban Peak, 2002-2006
· Board Member, Cherry Hills Board of Adjustments, 1999-2002
· Board Member, The Children's Hospital Research Institute, 1996-2000
· Board Member, Colorado I Have A Dream, 1996-1998
· Board Member, Jewish Family Service, 1996-1999
· Board Member, Latin American Educational Foundation, 1987 -1993
· Member, Colorado Bar Association
· Member, Denver Bar Association
Awards & Recognition
· Honor Roll, American Red Cross, 2008
· Board Member of the Year, American Red Cross, 2006
· Leadership Circle, Denver Metro Chamber Foundation, 2005
· Chamber Champion, Denver Metro Chamber of Commerce, 1999
Noteworthy Experience
· Neutral for the American Arbitration Association
· Instructor, National Institute for Trial Advocacy
· Deputy District Attorney
· Research Assistant, House of Lords, London England
· Licensed Real Estate Broker
Member: The Colorado Bar Association; Denver Bar Association.
Practice Areas: Litigation.Email: David H. Goldberg
C. Ben Huber (Shareholder) born 1971; admitted to bar, 1997, Colorado; U.S. District Court for the District of Colorado. Education: University of Colorado at Boulder (B.A., History, 1993) Phi Beta Kappa; University of Colorado School of Law (J.D., 1997).
Ben Huber is a transactional attorney who counsels a broad range of domestic and foreign clients, including start-ups, middle-market companies and Fortune 500 corporations as well as venture funds and institutional investors. Ben's practice focuses on complex mergers and acquisitions, restructurings and reorganizations, corporate finance, capital markets, venture funds, commercial transactions, and general corporate law. As counsel to several high tech businesses, Ben also has experience in the development and protection of intellectual property and technology licensing.
Areas of Concentration
· Mergers and acquisitions
· Restructurings and reorganizations
· Debt and equity financing
· Venture funds
· Securities compliance
· Technology licensing
· Corporate governance
· Manufacturing and distribution
Significant Representations
·Mergers & Acquisitions
- Represented a publicly traded oil & gas company (NYSE) in its $120 million acquisition of an exploration and development business through a reverse triangular merger.
- Represented a private oil & gas company in a $100 million acquisition and subsequent restructuring of a producing entity in a two-step reverse merger.
- Represented a private Canadian construction software firm in connection with its acquisition of a U.S. software company for approximately $50 million.
- Represented a public semiconductor company (NASDAQ) in its $10 million acquisition of a commodity memory retailer.
- Represented an automotive conglomerate in the staged acquisition of four auto dealerships, including related real estate.
- Represented an investment group in its simultaneous acquisition and combination of two separate commercial printing businesses using cash, equity, SBA loans and commercial debt financing.
- Represented a privately-held, international rubber company in connection with its divestiture of a small strategic investment in a Canadian car parts distributor.
- Represented several closely-held companies in connection with the sale of their businesses to roll-up plays, buy-out firms and competitors.
·Reorganizations & Restructurings
- Represented a publicly-traded foreign cement and aggregates company (NYSE) in its reorganization and restructuring of approximately $3 billion in U.S. assets.
- Represented a large, private pension fund in connection with the $35 million buy-out of its investment partner in a Florida resort project.
- Represented a global, privately-held foreign biotech company in a contentious reverse stock split to "squeeze out" certain minority shareholders in its majority owned U.S. subsidiary.
- Represented a publicly-traded software company (NASDAQ) in connection with a reverse stock split, unit offering and option exchange program in several European and Asian countries.
- Represented a public semiconductor company (NASDAQ) in connection with the reorganization of its entire capital structure, including the conversion of "toxic preferred stock" and the retirement of its outstanding debt.
- Represented a $250 million private REIT in a tax-driven liquidation involving substantial pension fund and offshore interests.
- Represented several businesses in re-domesticating from one State to another and in reorganizing their capital structures.
·Debt & Equity Financings
- Represented two privately-held holding companies engaged in acquiring and operating midstream oil and gas assets in connection with their sale of securities in several private placements ranging in size from $15 million to $50 million.
- Represented a public holding company (NASDAQ) in connection with its preferred stock and bridge loan financings to acquire a controlling interest in the assets of the Elvis Presley Estate and a subsequent credit facility to purchase 19 Entertainment - the owner of the IDOLS brand.
- Represented a public semiconductor company (NASDAQ) in connection with a shelved secondary public offering for $50 million, several PIPE transactions between $10 million and $20 million, a $30 million strategic investment by a German semiconductor manufacturer and a substantial credit facility.
- Represented a geothermal energy company in connection with its private placement of $35 million in common stock.
- Represented numerous issuers and underwriters in connection with the sale of securities (convertible debt, various series of preferred stock, common stock, LLC interests, LP interests and warrants) in exempt financings, including PIPEs, ranging in size from $100 thousand to $100 million.
- Represented several borrowers and lenders in various debt financings, including asset based lending transactions and revolving credit facilities ranging in size from $1 million to $900 million.
·Funds
- Represented several private funds ranging in size from $10 million to $35 million engaged in the acquisition and sale of real estate in the Western United States, the horizontal and vertical development of commercial and residential projects in the Southwestern United States and the financing and acquisition of mortgage loans.
- Represented a $15 million mezzanine debt fund focused on investing in Colorado real estate projects.
- Represented a $10 million hedge fund formed to invest in socially responsible companies engaged in sustainable business practices.
- Represented two tenant-in-common (TIC) sponsors in connection with their offerings of approximately $5 million and $15 million in TIC interests to participate in a 252 unit apartment complex in North Carolina and a 200,000 square foot office building in New Jersey, respectively.
- Represented a publicly-traded banking institution (NYSE) in connection with significant investments in a CRA compliance fund and in a fund focused on acquiring orphaned, non-core divisions of larger companies.
·Joint Ventures
- Represented a $5 million joint venture to develop and operate a 5 Mgf bio-diesel plant with separate, revenue-generating feed stock production.
- Represented the U.S. side of a $4 million joint venture with a large Korean chemical company to develop next generation lithium ion batteries for use in electric and hybrid electric vehicles.
·IP Licensing
- Represented a global, foreign biotech company in several complex multi-party, multi-million dollar intellectual property cross-licensing transactions involving patented polymerases for identifying anti-microbial agents for use in preventative medicine or therapeutics.
- Represented an e-commerce business in connection with the licensing and distribution of certain proprietary blog site software for the real estate brokerage industry.
- Represented an organic hog farm in various assignment and licensing transactions related to their trademarks.
- Represented numerous technology companies in connection with confidentiality agreements, NDAs, IP assignments and related agreements, and consulting agreements.
- Represented two biotech businesses in obtaining access to blocking or other mission critical technologies from third parties, including public research universities, as well as in the out bound licensing of their patented technologies, which included targeted immunosuppressive therapies and drugs for organ transplantation and polymeric coatings for stints.
- Represented an agricultural R&D company in the out bound licensing of its patented biodegradable machine oil.
- Represented a major fitness equipment manufacturer in the in-bound licensing of certain mechanical inventions for incorporation into existing patented technologies.
- Represented a packaging company in a cross-licensing settlement involving patented microwave packaging technologies.
- Represented an audio company in connection with the development and licensing of its novel 4-D sound technology, including a joint development agreement with a gaming company to produce a next generation video game and evaluation licenses for different vertical markets.
- Represented a local mortgage brokerage in connection with the development, beta testing and out-bound licensing, including support and maintenance obligations, of its back office software for mortgage brokers.
- Represented two software companies in connection with the development and out-bound licensing of their proprietary back office software programs for the securities and collection industries.
- Represented a speech recognition firm in connection with an in-bound license and source code escrow agreement for certain speech processing technologies.
·Manufacturing & Distribution
- Represented several businesses in connection with the domestic and international manufacturing and distribution of diverse products, including biomedical waste disposal equipment, cardiopulmonary devices and supplies, intravenous fluid warmers, plunger lift systems for oil wells, concave surface printers, component wine racks and plush toys.
- Represented several entrepreneurial construction companies in the out bound licensing of various railing, wall and steel flooring systems.
Professional & Community Involvement
· Member, Colorado Bar Association
· Member, Denver Bar Association
· Member, Community Action Network
· Member, William E. Doyle Inn of Court
· Board of Directors and Secretary of Executive Committee, University of Colorado Alumni Association
· Board of Directors, Connected Organizations for a Responsible Economy
Awards & Recognition
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine as a Rising Star, 2009
Articles, Publications, & Lectures
Articles
· "Patent Licensing," Findlaw.com, January 2004
· "Patented Technology: Issues in Drafting a License," 32 The Colorado Lawyer 9, September 2003
Lectures
· Presenter, "Fundamentals of Licensing," IP for the Non-IP Specialist: A Crash Course in Intellectual Property, Denver, Colorado, May 31, 2006
· Presenter, "Choice of Entity, Trade Names and Exempt Financing," Denver, Colorado, March 6, 2003
Member: The Colorado Bar Association; Denver Bar Association.
Practice Areas: Corporate & Securities.Email: C. Ben Huber
Robert C. Kaufman (Shareholder) born New York, N.Y., October 18, 1951; admitted to bar, 1977, Colorado; 2006, New York. Education: Duke University (B.A., 1974); University of Denver Sturm College of Law (J.D., 1977).
Robert C. Kaufman focuses his practice primarily on domestic relations matters involving large estates and complex valuation issues.
Areas of Concentration
· Litigation
· Matrimonial law
Professional & Community Involvement
· Member, Denver Bar Association
· Member, Colorado Bar Association
· Member, American Bar Association
Awards & Recognition
· Listed, Best Lawyers in America, 2006 - 2009
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine, 2006 - 2009
Member: Denver Bar Association; The Colorado Bar Association; American Bar Association.
Practice Areas: Litigation.Email: Robert C. Kaufman
Peter C. Kelley (Shareholder) born Providence, Rhode Island, 1959; admitted to bar, 1986, California. (Not admitted in Colorado). Education: Yale University (B.A., 1981); University of California at Los Angeles, School of Law (J.D., 1986) UCLA Law Review, 1984-1986; Shidler Award, First Place, 1986.
Peter C. Kelley's practice focuses primarily on the representation of equity investors and real property owners in senior and mezzanine financings, joint ventures, and acquisitions and dispositions of real estate. In recent years, Peter also helped AIG SunAmerica establish a LIBOR-based floating rate lending program, and has closed numerous transactions as lender's counsel under that program. He has experience in the formation of limited liability companies, partnerships and other joint ventures, and those transactions have comprised the bulk of his practice over the years. Peter's transactional experience has involved a variety of product types, including hotel, casino, retail, residential, office building and mixed-use projects. In particular, he has considerable experience in complex reciprocal easement agreements, commercial condominium documents, vertical subdivision documents, and CC&R's involving mixed-use and multiple owner projects.
Professional & Community Involvement
· Member, NAREIT
· Member, ICSC
· Member, Los Angeles County Bar Association
· Member, UCLA Annual Real Estate Investment and Finance Conference Planning Committee
Awards & Recognition
· Selected by Super Lawyers magazine, 2009
Member: Los Angeles County Bar Association.
(Also at Santa Monica, CA Office). Practice Areas: Real Estate; Hotels, Resorts & Clubs; Land Development; Real Estate Operations; Structured Finance & Derivatives.Email: Peter C. Kelley
Samuel L. Levy (Shareholder) born Denver, Colorado, April 15, 1945; admitted to bar, 1972, Colorado. Education: Tulane University (B.S., Electrical Engineering, 1967); University of Colorado School of Law (J.D., 1971); New York University School of Law (LL.M., Taxation, 1972); University of Colorado at Denver (M.S., Finance, 1998).
Samuel L. Levy focuses his practice in the areas of taxation, real estate and corporate transactional planning, real estate syndication, estate and business planning, and probate law. His real estate activities have included joint venture negotiation and formation for major real estate projects, syndication of real estate investment funds to pension and institutional investors, and counseling concerning real estate investment, financing and disposition structures.
Sam's estate planning and probate activities emphasize estate and income tax planning for individuals and family-owned businesses, including estate freezing techniques, transactions involving trusts and family entities, and representation before estate and income tax authorities. He has been involved with bar-sponsored legislative revision activities relating to several probate and state transfer tax issues. His practice also includes the formation and representation of tax-exempt charitable organizations and estate planning for charitably-active clients through private foundations and related vehicles.
Areas of Concentration
· Taxation
· Real estate joint venture and syndication
· Estate and business planning
· Probate and trust law
Significant Representations
· Represented developer/owner in joint venture of major office complex with major insurance company in what was then reported to be the largest single real estate transaction in US history.
· Represent real estate developer/manager in syndication of investment vehicles to large public and private pension funds.
· Representation of high net worth families or their fiduciaries in planning and probate context.
Professional & Community Involvement
· Member, American Bar Association Sections of Taxation and Real Property, Probate and Trust Law
· Member, Colorado Bar Association
· Member, Urban Land Institute
· Member, Public Affairs Committee, Greater Denver Chamber of Commerce
· Present or past Board or Advisory/Development Committee service to:
- Allied Jewish Federation of Colorado
- Jewish Family Services of Colorado
- Jewish Community Center of Denver
- Anti-Defamation League
Awards & Recognition
· Listed, Best Lawyers in America, 2006 - 2010
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine, 2006 - 2009
· Recognized by Corporate Counsel as one of the Top Lawyers, 2007
· Endowment Achievement Award, Allied Jewish Federation of Colorado
Articles, Publications, & Lectures
Lectures
· Speaker, CLE Seminar, "Contemporary Life Insurance Planning: Financial Analysis and Financing Techniques," May, 2006
· Speaker, "Real Estate Syndicators and Institutional/Pension Fund Investors: Tax and ERISA Issues and Solutions," October, 2005
Member: American Bar Association (Member: Sections of Taxation and Real Property, Probate and Trust Law); The Colorado Bar Association.
Practice Areas: Tax.Email: Samuel L. Levy
Marc J. Musyl (Shareholder) admitted to bar, 1975, Illinois; 1977, Colorado; U.S. Court of Appeals, Seventh Circuit; U.S. Court of Appeals, Tenth Circuit; U.S. District Court for the District of Colorado; U.S. District Court for the Northern District of Illinois; Supreme Court of the United States. Education: Northwestern University (B.A., 1972); Northwestern University School of Law (J.D., 1975).
Marc J. Musyl represents business clients in a wide variety of matters including entity selection and formation, public and private financings, governance, mergers, acquisitions, dispositions, leveraged buyouts, tender offers, and other domestic and international transactions involving the transfer of business and real property assets, and the protection of trade secrets and intellectual property.
Marc has experience with companies whose business is driven by intellectual property and technology. Representative industries include computer hardware and software, complex networks, wireless, Internet, telecommunications, bioscience, pharmaceutical, medical devices, environmental, manufacturing, consumer products, transportation, energy, natural resources, media, and the arts.
Marc has worked with clients in the financial services industry, representing public and private funds, broker-dealers, financial advisors, investment banks, and institutional and private investors.
He has also represented commercial banks in a broad spectrum of issues including operational and regulatory issues, work-outs, and bankruptcy.
Areas of Concentration
· Corporate and securities
· Technology, media and telecommunications
· Intellectual property
· International
· Real estate
Professional & Community Involvement
· Member, American Bar Association
· Member, Colorado Bar Association (Chair, Forum Committee on Law and Technology, 1994 - 1995)
· Member, Denver Bar Association
· University of Colorado Business College, Bard Center for Entrepreneurship, Advisory Board
· American Liver Foundation, National Chapter Development Committee
· Board of Directors, Mesa Verde Foundation
Awards & Recognition
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine, 2006 - 2008
Articles, Publications, & Lectures
Articles
· Author, "New Rules for Electronic Storage of Records by Broker-Dealers," The Colorado Lawyer, May 1997
Lectures
· Speaker, Colorado Association of Realtors Convention on Law and Technology, 1998 & 1999
Member: American Bar Association; The Colorado Bar Association (Chair, Forum Committee on Law and Technology, 1994-1995); Denver Bar Association.
Practice Areas: Corporate & Securities(25%); Subprime & Mortgage Markets(5%).Email: Marc J. Musyl
Christopher J. Neumann (Shareholder) born Chicago, Illinois, December 10, 1972; admitted to bar, 1998, Colorado; U.S. Court of Appeals, Eighth Circuit; U.S. Court of Appeals, Tenth Circuit; U.S. District Court for the District of Colorado; U.S. District Court for the District of Columbia. Education: University of Notre Dame (B.S., Civil Engineering, Engineering and Environmental Science, 1995); Lewis & Clark Law School (J.D., 1998) Certificate in Environmental and Natural Resources Law; Associate Editor, Law Review; Member, Law Review; Environmental Moot Court.
Christopher J. Neumann counsels clients in the retail, natural gas, petroleum, construction, home building, solid and hazardous waste, and mining industries on a wide variety of litigation, environmental, natural resources, American Indian law, administrative, land use and insurance coverage matters. Chris is a civil engineer and a Certified Professional in Erosion and Sediment Control (CPESC). He frequently counsels clients on complex storm water compliance and enforcement matters. Chris represents clients in connection with civil, administrative and criminal enforcement by USEPA, states, tribes, local governments and citizen groups, as well as related compliance matters, under the Clean Water Act (CWA), Clean Air Act (CAA), Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Emergency Planning and Community Right to Know Act (EPCRA), Toxic Substances Control Act (TSCA), and numerous other federal, state and tribal laws. Chris also represents clients in connection with federal, state and tribal rulemaking proceedings, including matters pending before USEPA, the Colorado Air Quality Control Commission, the Colorado Oil and Gas Conservation Commission, the Colorado Water Quality Control Commission and the Colorado Public Utilities Commission. Additionally, Chris assists clients in efforts to obtain land use approvals, and in efforts to resolve environmental concerns in complex business transactions.
Chris has served as an appointee of Governor Bill Owens and Governor Bill Ritter to the Colorado Solid and Hazardous Waste Commission since September 2005. In May 2007, Chris was elected to serve on the Commission's Executive Committee as Vice Chairman. Chris also served on the Colorado Air Quality Control Commission from 2004 to 2007, where he participated in numerous rulemakings relating to matters such as the Ozone Early Action Compact, Regional Haze, New Source Review and the Clean Air Mercury Rule, and also served as a Hearing Officer on enforcement appeals.
Since 2005, Chris has served as an Adjunct Professor in the Environmental and Natural Resources Program at the University of Colorado School of Law, where he teaches courses in Hazardous Waste Law and Environmental Enforcement.
Chris is a 2007 recipient of the American Marshall Memorial Fellowship awarded by the German Marshall Fund of the United States.
Prior to joining the firm, Chris served as a law clerk for the Environmental Enforcement Section of the U.S. Department of Justice and for Waste Management, Inc.
Areas of Concentration
· Litigation
· Environmental
· American Indian law
· Natural resources
· Land use
· Administrative law
· Government contracts
· Real estate
· Brownfield development
· Insurance coverage litigation
· Environmental aspects of business transactions
· Aviation law
Significant Representations
· Representing a national retail developer on CWA Storm Water Program compliance and enforcement matters.
· Representing a national home builder on Colorado Storm Water Program compliance and enforcement matters.
· Represented a national aggregate firm on CWA Storm Water Program compliance and enforcement matters.
· Representing Colorado Interstate Gas Co. in litigation relating to preemption of Kansas oil and gas laws and regulations pursuant to the Pipeline Safety Act and Natural Gas Act. Colorado Interstate Gas Co. v. Wright, No. 09-cv-4031-SAC-JPO (D. Kan. 2009).
· Representing El Paso Natural Gas Co. in litigation pursuant to Uranium Mill Tailings Radiation Control Act (UMTRCA) and RCRA relating to alleged uranium mill tailings contamination at locations on the Navajo and Hopi Reservations. EPNG v. U.S., No. 07-CV-00905 (D.D.C.).
· Representing El Paso Merchant Energy-Petroleum Company in defense of CERCLA Section 106 enforcement proceedings relating to alleged mercury contamination from historic mining operations in Lake County, California. In the matter of El Paso Merchant Energy-Petroleum Company, U.S. EPA Docket No. 9-2007-1.
· Representing Colorado Interstate Gas Company in defense of a Clean Air Act enforcement action alleging violations of the federal NESHAPs, NSPS and PSD programs, for which CIG agreed to pay a penalty in the amount of $987,757, to pay permit fees in the amount of $32,243, and to perform an ambient air monitoring Supplemental Environmental Project for a period of two years. U.S. v. Colorado Interstate Gas Co., No. 2:09-cv-00649-TS (D. Utah 2009).
· Representing bio fuels firm in defense of CERCLA Section 106 enforcement proceedings relating to spill of various bio fuels-related materials from facility in Adams County, Colorado. In the matter of Bio Energy of Colorado Site, U.S. EPA Docket No. CERCLA-08-2008-0010.
· Representing home builder in connection with obtaining approvals for PCB remediation at Brownfield redevelopment in Colorado.
· Representing trade groups in connection with negotiation and implementation of newly enacted Navajo Superfund Law.
· Representing Colorado Interstate Gas Co. in connection with 2008 Colorado Oil and Gas Rulemaking and related Pipeline Safety Act and Natural Gas Act preemption matters and rulemaking proceedings.
· Representing national wind energy firm in connection with the 2008 Colorado Resource Plan proceedings before the Colorado PUC.
· Representing solid waste firms in connection with obtaining major amendments to certificate of designation for solid waste disposal facility and conditional use permits for transfer station operations.
· Represented trade group in connection with filing of amicus curiae brief to the Colorado Supreme Court in connection with the appeal of a proposed ban on the use of cyanide for heap leach mining by Summit County, Colorado. Colorado Mining Assoc. v. Board of County Comm'rs of Summit County, No. 07-SC-497 (2007).
· Represented El Paso Natural Gas Co. in defense of a first of its kind Pipeline Safety Act enforcement matter stemming from an August 19, 2000 pipeline rupture near Carlsbad, New Mexico in which the company agreed to pay a $15.5 million penalty and to spend at least $86 million to implement modifications to its pipeline system. U.S. v. EPNG, No. 1:07-cv-715 (D.N.M. 2007).
· Represented Colorado firm in connection with CAA Fuels Program enforcement case relating to the alleged unlawful blending or refining of various fuels products at a facility in Colorado. U.S. v. Aspen Petroleum Prods., Inc., No. 07-cv-02382 (D. Colo. Jan. 17, 2008).
· Represented a Brownfield developer in an action seeking reimbursement for approximately $500,000 in cleanup costs relating to historic PCB and VOC contamination before the Illinois Pollution Board. 2222 Elston LLC v. Purex Industries, Inc. et al., PCB No. 03-55 (Ill. Poll. Contr. Bd.).
· Represented Continental Airlines in connection with insurance coverage matters relating to the former Stapleton International Airport. Continental Airlines, Inc. v. Certain Underwriters at Lloyd's of London and London Market Companies, No. 00cv1488 (Adams County Dist. Ct.).
· Participated as a member of the lead defense team for the Summitville Mine Superfund Site, representing an individual corporate officer and director from whom the United States and the State of Colorado sought over $200 million under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA). U.S. v. Friedland, 152 F. Supp. 2d 1234 (D. Colo. 2001).
· Represented national petroleum refiner in connection with litigation relating to RCRA post closure matters at refinery in Casper, Wyoming. Amoco Oil Co. v. EPA, 231 F.3d 694 (10th Cir. 2000).
Professional & Community Involvement
· Gubernatorial Appointee, Vice Chairman, Colorado Solid and Hazardous Waste Commission, (2005 to present)
· Member, Denver Metro Chamber Foundation, 2006 Leadership Denver Program
· Member, Denver Metro Chamber Foundation, 2005 Chamber 100 Program
· Member, American Bar Association (Section of Environment, Energy and Resources)
· Member, Colorado Bar Association
· Member, Colorado Bar Association, Environmental Law Section Advisory Council
· Member, American Society of Civil Engineers (ASCE)
· Member, Rocky Mountain Mineral Law Foundation
· Member, National Association of Industrial and Office Properties (NAIOP)
· Member, Aircraft Owners and Pilots Association (AOPA)
· Member, International Erosion Control Association (IECA)
· Past Gubernatorial Appointee, Colorado Air Quality Control Commission, (2004 to 2007)
· Past Member, North Front Range Transportation and Air Quality Planning Council, (2004 to 2007)
· Past Member, Board of Directors, Pikes Peak Area Council of Governments, (2004 to 2007)
· Adjunct Professor, Hazardous Waste Law and Environmental Enforcement, University of Colorado School of Law
· Certified Professional in Erosion and Sediment Control (CPESC)
· Member, Alumni Board of Directors, Lewis & Clark Law School, (2007 to 2010)
Awards & Recognition
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine as a Rising Star, 2009
· Listed, Chambers & Partners USA Guide, an annual listing of the leading business lawyers and law firms in the world, 2007-2009 editions
Articles, Publications, & Lectures
· Moderator, "Emerging Preemption Issues in Environmental and Natural Resources Law.", Colorado Bar Association, Environmental Law Section Topical CLE Luncheon, April 28, 2009
· Author, "Successor Liability and CERCLA: the Runaway Doctrine of Continuity of Enterprise," 27 Envtl. L. 1373 (1997-98)
· Author, casenote, American Forest & Paper Assoc. v. EPA, ABA Energy Litigation Newsletter, at 5 (Winter 1999)
· Co-Author, "Incipient Interface Waves As Seismic Precursors to Failure During Fracture Formation," EOS-Transactions, American Geophysical Union, Vol. 76, No. 46
· Co-Author, "Incipient Interface Waves Used To Monitor Rock Failure," Rock Mechanics Tools and Techniques, Proceedings of the 2nd N. Am. Rock Mechanics Symposium held in Montreal, Quebec, Canada, 19-21 June 1996, Vol. 2, 1169-1175
· "Storm Water: A Legal Perspective," presented at the National Stone, Sand & Gravel Association's ("NSSGA") Environmental Safety & Health Forum and Expo in Denver, Colorado, September 14, 2006
· "Storm Water Training for the Construction Materials Industry (Ready Mixed, Asphalt, and Sand & Gravel): Legal Developments and Enforcement Trends," presented in Golden, Colorado, June 22, 2006
· "Phase II Storm Water Regulation and Compliance in Colorado," presented in Colorado Springs, Colorado, December 7, 2005
Member: American Bar Association (Member, Section of Environment, Energy and Resources); The Colorado Bar Association (Environmental Law Section Advisory Council).
Languages: Spanish. Practice Areas: Litigation; Environmental; American Indian Law; Governmental Affairs.Email: Christopher J. Neumann
Renée W. O'Rourke (Shareholder) born Leon, Iowa, May 08, 1958; admitted to bar, 1984, Colorado. Education: University of Southern Colorado (B.S., Business Administration, 1981); University of Denver Sturm College of Law (J.D., 1984); University of Denver (LL.M., Taxation, 1985).
Renée O'Rourke focuses her practice on employee benefits and ERISA, including retirement plans, executive and stock compensation, and health, welfare and fringe benefit plans.
Her experience in employee benefits includes representation of clients before the Internal Revenue Service (at both the audit and appellate levels) and the Department of Labor, and includes designing, drafting and amending profit sharing plans, money purchase pension plans, target benefit plans, defined benefit plans, 401(k) plans, 457(b) and (f) plans, 457 trusts and custodial agreements, 403(b) plans and group trusts. She also has assisted numerous clients in the implementation and financing of leveraged employee stock ownership plans (ESOPs).
Renée has experience in redesigning executive and stock compensation plans and employment, severance, and change-in-control agreements to comply with 409A. She has designed and implemented stock option plans, restricted stock plans, performance share and unit plans, employee stock purchase plans, deferred compensation arrangements, nonqualified deferred compensation plans, excess benefit plans, rabbi trusts, and bonus plans and agreements.
Her experience in the health, welfare and fringe benefits area includes designing, drafting and implementing cafeteria plans, medical expense reimbursement plans (medical FSAs), dependent care assistance plans (dependent care FSAs), self-insured medical plans, wellness programs, HSAs, HRAs, retiree medical plans, disability plans, severance pay plans, and voluntary employees' beneficiary associations (VEBAs).
Renée has negotiated and documented the employee benefit provisions in numerous mergers, acquisitions and dispositions in stock and asset transactions and joint ventures, and has assisted clients in restructuring benefits following corporate transactions. She has advised clients on many aspects of employee benefit matters including affiliated service group, controlled group and separate line of business issues, prohibited transactions, complex distribution matters and discrimination testing. She has also advised clients on ERISA fiduciary duties, COBRA, plan terminations, workforce downsizing, $1 million compensation deduction limitation, golden parachutes, Medicare secondary payer rules, Colorado health insurance rules and benefits provisions in the Family and Medical Leave Act (FMLA), Americans With Disabilities Act (ADA) and Age Discrimination in Employment Act of 1967 (ADEA). In addition, she has served as an expert witness in fiduciary duty litigation and litigation involving an ESOP.
Areas of Concentration
· Retirement plans
· Executive and stock compensation
· Welfare and fringe benefits
Professional & Community Involvement
· American Bar Association, Employee Benefits Committee, Section of Taxation
· Member and Past Program Chair, Denver Chapter of the Western Pension and Benefits Conference
· Member, Colorado Bar Association
· Member, Denver Bar Association
Awards & Recognition
· Listed, Best Lawyers in America, 2010
· Listed, Chambers & Partners USA Guide, an annual listing of the leading business lawyers and law firms in the world, 2005-2009 editions
· Listed, Corporate Counsel Black Book, 2007
· AV® Peer Review Rated
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine, 2006
Articles, Publications, & Lectures
· Speaker, Western Benefits Conference, Benefits Issues in Mergers & Acquisitions, June 29, 2009
· Expert Panel, The Fiduciary Awareness Seminar Series, Understanding Fees & Expenses, May 12-14, 2009
· Speaker, IMPORTANT: New COBRA Rules Require Immediate Action, Financial Designs - CO Biz Financial, April 15, 2009
· Speaker, COBRA Changes in the American Recovery and Reinvestment Act of 2009, Greenberg Traurig, LLP Client Seminar, March 11, 2009
· Author, How to Avoid 409A Penalties, Law Week Colorado, Week of January 12, 2009, print edition, January 14 2009
· Speaker, Changes are Coming to Your Cafeteria Plan. Are You Ready?, Hays Companies of Denver Client Update Seminar, October 23, 2008
· Speaker, 2008 Checklist of Pitfalls and Opportunities, General Session at Milliman, Inc. Annual Employee Benefits Forum, September 24, 2008
· Speaker, Compensation Deferrals and 409A: The Race to December 31, 2008, Breakout Session at Milliman, Inc. Annual Employee Benefits Forum, September 24, 2008
· Speaker, Executive Compensation and Retirement Planning for Nonprofit Organizations, 17th Annual Institute on Advising Nonprofit Organizations, May 16, 2008
· Speaker, Mergers and Acquisitions Benefit Plan and Compensation Issues, co-presented with Steve Christoffersen, The Western Union Company for the Denver Chapter, Western Pension and Benefits Conference, April 18, 2008
· Speaker, Executive and Stock Compensation in the Post-409A Era and Determining Fair Market Value for Granting Options and SARs, co-presented with Rick Takemoto, Senior Valuation Group, of Clifton Gunderson for the Denver Software Club, January 16, 2008
· Speaker, Executive and Stock Compensation in the Post-409A Era, University of Denver College of Law Graduate Tax Program, Continuing Professional Education 2007
· Speaker, 409A Final Regulations: The Race to December 31, 2007, Client Seminar, 2007
· Speaker, Living with the (Relatively) New 403(b) Regulations, co-presenter with W. Thomas Reeder, US Department of Treasury, ASPPA 2007 Los Angeles Benefits Conference in California, 2007
· Lecturer, Benefit Plans for the Small Employer, University of Denver College of Law Graduate Tax Program, Continuing Professional Education, 2007
· Lecturer, Section 401(k) Plans, University of Denver College of Law Graduate Tax Program, Continuing Professional Education, 2007
· Speaker, Consumer-Directed Healthcare, co-presenter with Roxane Schwaner of United Agri Products, The 2006 Western Benefits Conference, Las Vegas, Nevada, 2006
· Speaker, Plan Issues in Mergers and Acquisitions, Western Pension and Benefits Conference-Portland Chapter/2006 Spring Seminar Conference, Portland, Oregon, 2006
· Speaker, Complying With the New Defined Benefit Plan Regulations, co-presenter with Martin L. Pippins, Internal Revenue Service ASPPA 2005 Los Angeles Conference in California, 2005
· Speaker, Decoding 409A: New Proposed Regulations on Deferred Compensation, Client Seminar, 2005
· Speaker, An Employer's Action Plan for Compliance with the New Nonqualified Deferred Compensation Law, Client Seminar, 2005
· Speaker, Stock Compensation: What Really Has to Change?, Client Seminar, 2005
Member: American Bar Association (Employee Benefits Committee, Section of Taxation); The Colorado Bar Association; Denver Bar Association.
Practice Areas: Tax; Global Benefits & Compensation; American Indian Law.Email: Renée W. O'Rourke
David G. Palmer (Managing Shareholder) born Lakehurst, New Jersey, January 10, 1945; admitted to bar, 1970, Colorado; U.S. Court of Appeals, Ninth Circuit; U.S. Court of Appeals, Tenth Circuit; Supreme Court of the United States. Education: Johns Hopkins University (A.B., History, 1967); University of Colorado School of Law (J.D., 1970) Order of the Coif; Articles Editor, University of Colorado Law Review.
David G. Palmer has more than 30 years of trial and appellate experience throughout the Rocky Mountain region, Texas, and California, including numerous multi-week jury trials involving claims under federal and state antitrust laws, securities and commodities laws, allegations of civil or criminal fraud, conspiracy, RICO, class actions, and claims under federal environmental statutes. These representations and trials have involved parties engaged in the energy, food and beverage, financial and securities, software development sales, and a multitude of other businesses.
Dave has been listed in every edition of The Best Lawyers in America since 1982. He has defended corporations and their officers in federal and state criminal grand jury investigations throughout the United States. Dave has been involved in numerous commercial and securities arbitrations serving as an advocate, as an arbitrator, and as a mediator in complex business disputes.
Areas of Concentration
· Antitrust
· Environmental
· Securities
· Litigation
· White collar crime
Professional & Community Involvement
· Member, Colorado Bar Association, Ethics Committee, 1996-present
· Chairman-elect, Board of Directors, Denver Metro Chamber Leadership Foundation Fellow, American Bar Foundation
· Executive Committee, Metro Denver Economic Development Corporation
· Member, International Institute for Conflict Prevention & Resolution Panel of Distinguished Neutrals
· Fellow, American Bar Association
· Member, Alfred P. Arraj Inn of Court
· Advisory Council, University of Colorado School of Medicine
· American Heart Association: National Chairman, 1992-1993; Chairman-Elect of the Board, 1991-1992; Secretary to the Board, 1990-1991; Vice-President, 1986-1987; Board of Directors, 1986-1995; Chairman of the Northwest Region, 1986-1987
· C. Henry Kempe National Center for the Prevention of Child Abuse and Neglect: President, 1984-1986; Board of Directors, 1983-1990
· Board of Directors, Goodwill Industries of Denver, Inc., 1982-1985
· Colorado Heart Association: Colorado President, 1979-1980; Executive Committee, 1978-1995; Board of Directors, 1974-1995
Awards & Recognition
· Listed, Chambers & Partners USA Guide, an annual listing of the leading business lawyers and law firms in the world, 2008 and 2009 editions
· Listed, The Best Lawyers in America, 1982-2010 (25)
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine, 2006-2009
· Listed in 5280 Denver's Mile-High Magazine as one of "Denver's Top Lawyers," April 2001
· American Heart Association National Gold Heart Award, 1997
· American Heart Association, Award of Merit, 1994
· Colorado Heart Association, Schoolmaker Award, 1983
· Colorado Heart Association, Gold Heart Award, 1981
Articles, Publications, & Lectures
Lectures
· Lecturer on issues of trial and appellate practice to several national meetings of: Litigation Section, American Bar Association; Colorado Bar Association; Colorado Legal Aid Society; Federal Bar Association; Rocky Mountain Mineral Law Foundation; University of Colorado Executive MBA Program; several private organizations and corporations
Fellow: American Bar Association; American Bar Foundation (Chairman-elect, Board of Directors, Denver Metro Chamber Leadership Foundation Fellow).
Member: The Colorado Bar Association (Member, Ethics Committee, 1996). Practice Areas: Litigation; Appellate; Insurance Recovery & Advisory; Energy & Natural Resources.Email: David G. Palmer
Richard M. Petkun (Shareholder) born Cambridge, Massachusetts, October 20, 1947; admitted to bar, 1974, New York; 1982, Colorado. Education: Harvard University (A.B., cum laude, 1969); Harvard Law School (J.D., 1972).
Richard Petkun focuses his practice on international tax planning, corporate acquisitions and tax controversy resolution.
He has considerable experience in tax planning for real estate developers and construction companies. Having practiced as tax counsel for a Houston-based international oil company, he also has substantial transactional experience in the oil industry, including cross-border tax planning for major producing properties and development ventures in Africa, Canada and the UK sector of the North Sea.
A skilled practitioner in the tax controversy area, Richard has dealt with IRS examination teams in various large-case corporate audits and complex partnership cases.
Areas of Concentration
· International tax planning
· Tax controversies
· Real estate taxation
· Oil and gas taxation
· Corporate acquisitions and reorganizations
· Joint ventures
· Debt restructuring and work-outs
Professional & Community Involvement
· Member, Denver Bar Association
· Member, Colorado Bar Association
· Member, American Bar Association, Section of Taxation
Awards & Recognition
· Listed, Marquis Who's Who in America, 2009
· Listed, Marquis Who's Who in the World, 2009
· Listed, Marquis Who's Who in American Law, 2007-2008
· Listed, Best Lawyers in America, 2007-2010
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine, 2009
Member: Denver Bar Association; The Colorado Bar Association; American Bar Association (Member, Taxation Section).
Languages: French, Conversational. Practice Areas: Tax; Global Trade & Investment; Energy & Natural Resources.Email: Richard M. Petkun
Keith M. Pockross (Shareholder) born 1942; admitted to bar, 1969, Illinois; 1981, Colorado; U.S. District Court for the District of Colorado; U.S. District Court for the Northern District of Illinois. Education: University of Illinois at Chicago (B.S., Economics, 1964); University of Illinois at Chicago (M.A., Labor and Industrial Relations, 1965); University of Illinois College of Law (J.D., 1969).
Keith M. Pockross has broad experience in all facets of real estate law and represents both entrepreneurial and institutional clients in Colorado and elsewhere in the United States.
Areas of Concentration
· Real Estate:
- Big box commercial and shopping center development and leasing
- Master planned residential and golf course communities
- Residential - Home builders
- Land use entitlement
- Construction Acquisitions and dispositions
- Finance
Significant Representations
· Representing developer in the conversion of a San Francisco office building into a luxury residential building containing both condominium units and fractional interest units being sold by a luxury tier hotel chain.
· Representing clients in the acquisition of income-producing apartment complexes, retail centers, and warehouse properties throughout the United States.
· Representing several asset-based lenders in transactions throughout the West.
· Represented a major big-box chain store in its land acquisition, land use entitlement, and construction activities throughout Colorado and the inter-mountain west region.
· Represented a national shopping center developer in its development and leasing of regional malls.
· Represented a large German syndicate in a major land assembly around a large shopping center in Houston, TX.
· Instrumental in structuring and documenting $100 million of wrap-around mortgage loans.
Professional & Community Involvement
· Member, American Bar Association
· Member, Home Builders Association
· Member, National Association of Industrial and Office Properties
· Member, International Council of Shopping Centers
· Member, Urban Land Institute
Awards & Recognition
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine, 2006-2009
Articles, Publications, & Lectures
Speeches
· Regular panelist at Mergers and Acquisition seminars hosted by the American Management Association, 1975-1980
Member: American Bar Association.
Practice Areas: Real Estate; Retail; Real Estate Operations.Email: Keith M. Pockross
John R. Posthumus (Shareholder) born 1964; admitted to bar, 1991, Colorado; U.S. Court of Appeals, Federal Circuit; U.S. Court of Appeals, Tenth Circuit; U.S. District Court for the District of Colorado; U.S. Patent and Trademark Office; Supreme Court of Colorado. Education: University of Colorado at Boulder (B.S., Electrical Engineering and Computer Science, 1987); University of Colorado at Boulder (B.S., Business Administration, emphasis in Finance, 1987); Franklin Pierce Law Center (J.D., 1991).
Posthumus focuses his practice on complex intellectual property litigation for high profile clients. John has represented numerous clients in a wide range of cases involving patent infringement claims on a variety of technologies and products including computer hardware and software, telecommunications, consumer electronics, the Internet, wireless technologies, e-commerce, and automotive electronics. John has experience in all phases of patent litigation, including claim construction (Markman Hearings), summary judgment, and trial.
John has also represented numerous clients in trademark and copyright infringement actions, trademark dilution actions, cyber squatting actions, and trademark opposition and cancellation proceedings. He has been involved with more than 30 consumer surveys conducted for litigation purposes, and he is also knowledgeable on trademark dilution law. John has been appointed to three consecutive two-year terms on the International Trademark Association's (INTA) Dilution and Well-Known Marks Committee and, in 2007, was appointed to a special INTA task force which harmonized the Model State Trademark Bill with the Federal Trademark Dilution Revision Act.
In every litigation, John works closely with clients to develop a cost-effective litigation strategy and management plan to achieve the client's objectives. He has worked in front of federal district courts throughout the country, and litigated matters before the Federal Circuit Court of Appeals and the Tenth Circuit Court of Appeals; and U.S. District Courts for the Districts of Colorado, Southern District of California, Central District of California, Northern District of California, District of Columbia, Delaware, Middle District of Florida, Northern District of Georgia, Northern District of Illinois, Northern District of Indiana, Eastern District of Michigan, District of Massachusetts, New Mexico, Eastern District of New York, Southern District of New York, Northern District of Oklahoma, Oregon, Southern District of Texas, Utah, Eastern District of Virginia, Western District of Washington, and Wyoming.
John is also licensed to practice in the U.S. Patent Office. Early in his career, he prepared and prosecuted over 100 patent applications in the areas of computer hardware and software, telecommunications, consumer electronics, photography and business methods.
John has received the highest AV® rating for legal skills, integrity, and professional excellence under the Martindale-Hubbell Peer Review Rating system, and is an active member of both the Colorado Bar Association's Patent, Trademark and Copyright section and the International Trademark Association. He is also a frequent speaker on intellectual property issues.
John received his Juris Doctorate in 1991 from the Franklin Pierce Law Center. Prior to law school, in 1987, he earned a Bachelor of Science degree in electrical engineering and computer science, specializing in digital computer design. John's senior project included designing and building a parallel processing computer. In 1987, John also obtained a Bachelor of Science degree in business administration, with an emphasis in corporate finance.
Areas of Concentration
· Intellectual property litigation (including patents, trademarks, unfair competition, false/misleading advertising, copyrights and trade secrets)
· Trial practice
· Attorney/client privilege issues and work product discovery issues
· Electronic discovery
· Advertising and trademark clearance
· Technology licensing
· Media and entertainment
Significant Representations
· Shane Co. v. George Thompson Diamond Company, (D.Colo. 2007) - Defending George Thompson Diamond Company in a trademark infringement suit; case pending.
· Kimpton Hotel & Restaurant Group, LLC v. Monaco Inn et al. (D.Colo. 2007) - Representing Kimpton Hotels in a trademark infringement suit involving the HOTEL MONACO trademark; case settled.
· Amerimax Real Estate Partners, Inc. v. RE/MAX International et al., (N.D.Ill . 2006) Representing RE/MAX in a trademark infringement suit; case pending.
· RE/MAX International v. Equity Max, Inc., et. al. (S.D.CAL. 2006) - Representing RE/MAX in a trademark infringement suit; case pending.
· Rates Technology Inc. v. Time Warner Telecom Inc. (E.D.NY 2006) - Defended Time Warner in patent infringement suit involving least cost routing patents; case dismissed.
· Omega Patents, LLC. v. Directed Electronics, Inc. (M.D.FL. 2005) - Defended Directed Electronics in a patent infringement suit involving interface modules for automotive convenience systems. Case settled after a two and one half week jury trial; terms are confidential.
· Adams v. Gateway, Inc. (D.Utah 2002) - Defended Gateway in a patent infringement suit involving floppy disk controller technology. Case settled on the first day of trial; terms are confidential.
· RE/MAX v. LendingTree (D.Colo. 2005) - Represented RE/MAX in a trademark infringement suit. RE/MAX charged that LendingTree referred customers to non-RE/MAX agents even though a request specifically had been made for a RE/MAX agent. Case settled; terms are confidential.
· Pannonia Farm, Inc. v. RE/MAX (D.D.C. 2005) - Defended RE/MAX in a copyright infringement suit involving the copyrights to Sherlock Holmes characters. Case involved a RE/MAX commercial shown nationally. RE/MAX prevailed on motion to dismiss No. 01-1697, 2005 WL 670193 (D.D.C. March 21, 2005).
· Represented Pulitzer Prize winning Author in an agreement that led to the filming of the movie "Brokeback Mountain" (2004).
· Wal-Mart Stores, Inc. v. Kmart Corporation (D.DE. 2003) - Represented Wal-Mart in a patent infringement suit involving bagging carousels. Case settled favorably to Wal-Mart; terms are confidential.
· Donchez v. Coors Brewing and Foote, Cone & Belding Advertising (D.Colo. 2003) - Defended Coors and FCB against claims of trademark infringement for use of Beerman character in advertising.
· RE/MAX International v. CBS and Viacom (D.Colo. 2002) - Represented RE/MAX in a trademark infringement suit involving the unauthorized use of RE/MAX trademarks by CSI television show; Case settled; terms are confidential. Vineland Corp. v. Confre Cellars (D.Colo. 2002) - Represented Vineland in a trademark infringement suit. Case settled; terms are confidential.
· EchoStar Communications v. Gemstar/TV Guide (D.Colo.; W.D.N.C. 2002) - Co-counsel with several firms in defense of antitrust claims involving alleged patent misuse and counter-claims of patent infringement. Technology involved interactive programming guides for cable and satellite technologies.
· RE/MAX International v. Google (D.Colo. 2000) - Represented RE/MAX in a successful litigation against Google. Case settled; terms are confidential.
· US WEST v. Hatten Communications (TTAB 2002) - Litigated opposition proceeding for Qwest/US WEST in US Trademark Office to prevent registration of the US East trademark. After oral argument before the TTAB.
· US WEST, Inc. v. US Web, Inc. (D.Colo. 2000) - Successful litigation brought by Qwest/US WEST against US Web for trademark infringement and dilution. After two years of litigation, US WEST obtained a settlement where US Web selected a different mark.
· RE/MAX International v. eBay (D.Colo. 2000) - Represented RE/MAX in a successful litigation against eBay for a national commercial showing RE/MAX's trademarks and trade dress. eBay agreed to cease use of the commercial.
Professional & Community Involvement
· Member, Colorado Bar Association
- Officer, Intellectual Property Section, 2008, 2009
· Member, International Trademark Association
- Part of team that drafted the Amicus Curiae Brief for INTA in Starbucks v. Wolfe's, 08-3331, (2nd Cir 2008)
- Member, Dilution and Well-Known Marks Committee - North America Subcommittee, 2008-2009
- Appointed to Special Task Force that Harmonized the Model State Trademark Bill with the Federal Trademark Dilution Revision Act, 2007
- Member, Dilution & Well-Known Marks Committee -- Defenses to Dilution Subcommittee, 2004-2005
- Member, Dilution and Well-Known Marks Committee -- North America Subcommittee, 2006-2007
· Member, Board of Directors, Legal Center for People with Disabilities and Older People
Awards & Recognition
· AV® Peer Review Rated
· Listed, Chambers & Partners USA Guide, an annual listing of the leading business lawyers and law firms in the world, 2009 edition
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine, 2009
Previous Employment
· Partner, LeBoeuf, Lamb, Greene & MacRae, LLP, 2000-2003
· Partner, Holme, Roberts & Owen, 1997-2000
· Associate, Sheridan, Ross & McIntosh, 1991-1997
Articles, Publications, & Lectures
Lectures
· Presenter, "Protecting Innovation in the Changing World of IP," AICPA National CFO Conference, May 2009
· Panelist, "The Realities of Patent IP Litigation," Silicon Flatirons, Evaluating Software Patents Conference, University of Colorado Law School, March 2009
· Presenter, "IP Issues for Mid-Cycle Companies," CLE Presentation to the Boulder County Intellectual Property Section, May 2008
· Panelist, "The Uses and Abuses of Intellectual Property," Silicon Flatirons Innovation, Intellectual Property and Entrepreneurship in the Information Industries Conference, University of Colorado Law School, March 2008
· Presenter, "IP Issues for Mid-Cycle Companies," CLE Presentation to 5th Annual Rocky Mountain Intellectual Property & Technology Institute, May 2007
· Presenter, "Application of the Attorney-Client Privilege and Work Product Doctrine in Corporate Legal Departments," CLE Presentation to Clients, 2005
· Presenter, "Trademarks, Advertising & Search Engines," CLE Presentation to 6th Annual Business Law Institute, 2005
· Guest Instructor, "Licensing Law," University of Denver Law School, Spring 2004
· Presenter, "Legal Department Communications and Record Retention," CLE Presentation to Clients, 2003
Miscellaneous
· Quoted, "Let's Get Ready to RRRUMBLE!," Denver Post, March 27, 2009
· Quoted, "Bilski Ruling in Patent Case Tough for Financial Businesses," Denver Business Journal, November 7, 2008
· Featured, "Protecting Great Ideas," Denver Business Journal, October 16, 2008
· Quoted, "Autonation's 'GO' faces legal challenge," Denver Business Journal, July 20, 2007
· Host, "Trademark Dilution Revision Act," International Trademark Association Denver Roundtable, April 2007
Articles
· Author, "A Patent Dilemma: The issue of patenting software in the EC," Tornado Insider, November/December 2001, No. 31
Member: The Colorado Bar Association (Officer, Intellectual Property Section, 2008, 2009); International Trademark Association (Part of team that drafted the Amicus Curiae Brief for INTA in Starbucks v. Wolfe's, 08-3331, 2nd Cir 2008; Member, Dilution and Well-Known Marks Committee - North America Subcommittee, 2008-2009; Appointed to Special Task Force that Harmonized the Model State Trademark Bill with the Federal Trademark Dilution Revision Act, 2007; Member, Dilution & Well-Known Marks Committee -- Defenses to Dilution Subcommittee, 2004-2005; Member, Dilution and Well-Known Marks Committee -- North America Subcommittee, 2006-2007).
Practice Areas: Intellectual Property & Technology; Litigation.Email: John R. Posthumus
James R. Prochnow (Shareholder) born Hutchinson, Minnesota, September 22, 1943; admitted to bar, 1969, Minnesota; 1975, Colorado. Education: Hamline University (B.A., 1965); William Mitchell College of Law (J.D., 1969).
James R. Prochnow concentrates his practice primarily on regulatory affairs and litigation. His practice focuses on food and drug law, advertising law, and intellectual property issues. Jim has experience in commercial, administrative, and federal government litigation and administrative matters, including matters before the Food and Drug Administration, the Federal Trade Commission, and the various federal courts.
Areas of Concentration
· Defending companies and individuals in Federal Trade Commission investigations concerning false and misleading advertising; advising companies and individuals about safe and aggressive marketing without violating advertising laws
· Food and drug regulatory law, with emphasis on dietary supplements, OTC drugs, cosmetics, medical devices and homeopathic drugs
· Advice about FDA inspections and defense of enforcement actions, including Warning Letters, commenced by the FDA
· General commercial litigation and dispute resolution
· CODEX, EU and related international trade issues
· Multi-level marketing agreements, related advice and litigation
· Preparation of ingredient formulation, manufacturing and distribution agreements
· General IP advice with respect to patents, trade secrets, and trademarks, particularly for companies in the food and drug industries
Professional & Community Involvement
· Former Litigator, U.S. Department of Justice and Staff Attorney, the White House
· Member, Metropolitan Conciliation Panel
· Member, Denver, Colorado and American Bar Associations
· Member, Colorado Bar Association/Denver Bar Association Professionalism Coordinating Council
· Member, The International Association of Defense Counsel (IADC)
· Member, American Herbal Products Association
· Member, National Nutritional Foods Association
· Member, Federalist Society
· Adjunct Professor, University of Denver Law School, 2003 and 2004: Food & Drug Law
Articles, Publications, & Lectures
Miscellaneous
· "The Paralegal's Practical Guide to Pre-Trial Case Management in Federal Court," January 28, 2003
· "What is a Safe Dietary Supplement," presented in Las Vegas at a NSF International Seminar on Dietary Supplements, December 4, 2002
· "A Careful Look at The Soluble Fiber-Coronary Heart Disease Health Claim Rule," presented at ExpoEast, October 5, 2002
· "Effective Use of Consumer Testimonials for Novel Ingredients in Functional Foods," presented at a conference for beverage executives sponsored by Ad, entitled "Wellness, Energy & Functional Beverages," Orlando, Florida, January 28-29, 2002
· "The Regulatory Atmosphere for the Fascinating Future of Functional Foods." Presented at the annual convention of the Institute of Food Technologists, Dallas, Texas, June 14, 2000
· "Cutting Edge Developments in the Regulation of Ephedra Products." Presented at the 1999 AHPA Ephedra International Symposium, Washington, D.C., December 9-10, 1999
· "Functional Foods: Cutting Edge Developments." Presented at the 1999 Annual Meeting of the American Association of Cereal Chemists, Seattle, Washington, November 2, 1999
· "Marketing Opportunities in DSHEA: Sec. 5 Literature Containing Therapeutic Information - The 20 Most Frequently Asked Questions." Presented at Nutri-Market seminar in Denver, January 26, 1998
· "Products Liability Coverage: A Realistic Assessment of the Need for Adequate Coverage." Expo East, Baltimore, Maryland, September 18, 1997
· "Key Regulatory and Product Liability Issues in the Labeling and Promotion of Dietary Supplements." Presented at Nutri-Market '97 Seminar in Denver, March 24, 1997
Member: Denver, The Colorado and American Bar Associations; Colorado Bar Association/Denver Bar Association Professionalism Coordinating Council; The International Association of Defense Counsel (IADC).
Practice Areas: Governmental Affairs; Health & FDA Business; Global Trade & Investment; Life Sciences; Governmental Litigation; Pharmaceutical & Medical Device Litigation.Email: James R. Prochnow
Robert D. Simon (Shareholder) born Brooklyn, New York, January 11, 1957; admitted to bar, 1982, New Jersey; 1983, Colorado; 1989, New York; District of Columbia. Education: University of Maryland, College Park (B.A., 1979); Rutgers School of Law - Camden (J.D., 1982); New York University School of Law (LL.M., Taxation, 1986).
Robert D. Simon assists clients in the tax ramifications of cross-border transactions. He frequently advises clients involved in mergers, acquisitions, restructurings and dispositions of public and private companies. Bob has been involved in planning a number of major domestic and international reorganizations and spin-offs.
Bob has broad experience in tax planning for U.S. corporations operating abroad, including internal structuring for optimal tax results. His international tax practice is focused on all areas of "outbound" investment - emphasizing foreign tax credit planning, tax deferral, holding companies, the tax-efficient use of debt, the repatriation of foreign earnings, tax treaties and management of a company's worldwide effective tax rate.
Bob also advises foreign corporations who are purchasing U.S. businesses or expanding their existing U.S. operations. He has advised on all aspects of "inbound" investment, including capitalization of U.S. operations, restructuring, withholding tax, the repatriation of earnings, tax treaties and foreign investment in U.S. real property.
Areas of Concentration
· Tax planning for international transactions and investments
· Domestic and international spin-off transactions
· All areas of "outbound" and "inbound" investment
· Corporate mergers, acquisitions, reorganizations and joint ventures
· Transfer pricing
· Foreign real property investments by REITs
· Capital markets offerings
Significant Representations
· Assisted in the representation of a major Canadian gold mining company (with worldwide operations) in connection with its tender offer for the stock of a competitor in a combination valued at approximately $26 billion dollars.
· Provided tax advice in connection with the spin-off by a major media company of its international operations in a multi-billion dollar transaction.
· Provided tax advice to a major U.S. based media company in connection with its investment in an Australian company, which was then contemplating a domestication.
· Provided tax advice in connection with the sale by a U.K. based private equity firm of all of its stock in an international ceramics company in a transaction valued at 100 million dollars.
· Assisted in the representation of an investment banking subsidiary in connection with its spin-off by a major retailer in what was reported to be one of the largest spin-off transactions in U.S. history.
· Provided tax advice to in connection with the bankruptcy reorganization of a former subsidiary of Global Crossing.
· Assisted in the representation of a U.S. based media company on the exchange of its interest in a Japanese company for stock in another Japanese company.
· Provided tax advice to a Canadian gold mining company in connection with its acquisition by, and amalgamation with, a competitor in a transaction valued at approximately $10.4 billion dollars.
· Provided international tax advice in connection with the acquisition by U.S. REITs of real property in Europe.
· Assisted in the acquisition by a U.K. based hotel company of all of the stock of a U.S. hotel company (from a foreign seller) in a transaction valued at approximately $700 million dollars.
· Provided tax advice to developers of electrical power facilities in China.
· Assisted in the representation of an Argentine based oil and gas company in connection with its acquisition of a U.S. energy company with international operations.
· Advised a major telecommunications corporation on its acquisition of a UK-based internet service company.
· Assisted in the representation of a U.S. media company on its exchange of stock in a wholly-owned subsidiary for stock in an Australian company in a transaction valued at several billion dollars.
· Advised on the tax aspects of a joint venture between a U.S. based telecommunications company and a European based telecommunications company and on the initial public offering by the combined company.
· Advised a German auto parts company on its acquisition of stock of a U.S. based company and the subsequent restructuring of its U.S. operations.
· Represented foreign corporations in connection with the acquisition and disposition of U.S. real property holdings companies, in connection with transactions valued from several million dollars to 10 billion dollars.
Professional & Community Involvement
· Member, American Bar Association Section of Taxation
· Member, International Fiscal Association
· Member, Colorado Bar Association
· Member, District of Columbia Bar Association
Articles, Publications, & Lectures
Articles
· Author, A Workable PFIC Start-up Exception, 26 Tax Mgmt. International Journal 286
Member: American Bar Association (Member, Taxation Section); International Fiscal Association; The Colorado Bar Association; District of Columbia Bar.
Practice Areas: Tax; Real Estate Funds.Email: Robert D. Simon
Penfield W. Tate, III (Shareholder) born Philadelphia, Pennsylvania, May 19, 1956; admitted to bar, 1981, Colorado; U.S. Court of Appeals, Tenth Circuit; U.S. District Court for the District of Colorado; Supreme Court of the United States. Education: Colorado State University (B.A., Sociology); Antioch School of Law (J.D.).
Penfield Tate is experienced in Public Finance and Municipal Law - as someone who has worked in government and as an adviser to government.
He has wide-ranging experience representing public entities, lenders and underwriters engaged in the process of financing essential public improvements, and advising local and state governments in the exercise of their administrative responsibilities.
In government, Pen has served in both the Colorado Senate and House of Representatives. He has served as executive director of the Department of Administration for former Governor Roy Romer, as well as on both the State of Colorado Banking Board and the Colorado Housing and Finance Authority. As an aide to former Denver Mayor Federico Peña, Pen represented the mayor's office on issues involving airport finance, business and economic development, and housing development.
In 2003, Pen waged a campaign to become mayor of Denver. When John Hickenlooper won the election, he asked Pen to serve as co-chairman of his transition team. The mayor also appointed him co-chair of the Denver Police Reform Commission and, in 2005, as one of five commissioners serving six-year terms on the Denver Water Board. In January 2009, Pen was elected President of the Denver Board of Water Commissioners.
Pen is known throughout Colorado - as a lawyer and as a public figure. He is often called upon to speak before groups on issues of public interest; he is also tapped as a regular commentator by the local print and electronic news media.
Areas of Concentration
· Public finance
· Municipal securities
· Housing
· Transportation
· Corporate law
Significant Representations
· City and County of Denver
· RBC Dain Rauscher, Inc.
· Park Creek Metropolitan District
Professional & Community Involvement
· President, Denver Board of Water Commissioners
· Board of Directors, Adams County Economic Development
· Board of Directors, The Bell Policy Center
· Board of Directors, Cerebral Palsy of Colorado
· Board of Directors, The Denver Foundation
· Member, Denver Alumni Chapter, Kappa Alpha Psi
· Member, Owl Club of Denver
· Board of Directors, Denver Metro Chamber of Commerce
· Board of Directors, YMCA of Metro Denver
· Member, Denver Bar Association
· Member, Colorado Bar Association
· Member, Sam Cary Bar Association
· Member in Good Standing, National Association of Bond Lawyers
Awards & Recognition
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine, 2006-2007
· Denver Metro Chamber of Commerce's "M. Doak Jacoway Volunteer of the Year" Award, 2006-2007
· Denver Metro Chamber of Commerce's "Leadership Denver Alumnus of the Year" Award, 2005
· American Diabetes Association's "Father of the Year" Award, 2005
· Anti-Defamation League's "Civil Rights" Award, 2003
Articles, Publications, & Lectures
Speeches
· Speaker, "Achieving Success," Colorado Association of Black Professional Engineers and Scientists, February 2006
· Speaker, "The Uniqueness of Colorado," Denver Metro Chamber of Commerce Access Denver Program, April 2005
· Speaker, "Leadership," Colorado State University Montfort Professor-in-Residence, November 2004
· Speaker, "Employment for Every 'Body'," Colorado Coalition for Persons with Disabilities, May 2004
Miscellaneous
· Regular Panelist, "Colorado Today," Rocky Mountain PBS
Member: Denver Bar Association; The Colorado Bar Association; Sam Cary Bar Association; National Association of Bond Lawyers (Member in Good Standing).
Practice Areas: Public Finance; American Indian Law; Environmental.Email: Penfield W. Tate, III
Jennifer H. Weddle (Shareholder) born Battle Creek, MI, 1974; admitted to bar, 2000, Colorado; U.S. Court of Appeals, Eighth Circuit; U.S. Court of Appeals, Fourth Circuit. Education: University of Michigan (B.A., Classical Languages, 1997); Harvard Law School (J.D., 2000).
Jennifer Weddle has broad experience in Indian law, handling a variety of matters for tribal and non-tribal clients. She has particular experience in the areas of tribal jurisdiction and natural resources development on tribal lands. Jennifer also has U.S. Supreme Court experience, serving as one of the attorneys for the respondent in the important Indian Law case of Nevada v. Hicks (2001).
Jennifer's work has included negotiations for mineral leasing on tribal lands, tribal employment matters and representation of tribes before federal agencies. She has also been involved in civil litigation, working on numerous complex federal and state litigation matters, including class action tort litigation and large commercial disputes. Jennifer also has significant securities litigation experience and products liability litigation experience.
Jennifer has recently handled more than 30 trials in connection with her participation in Municipal Court Assistance Program (MCTAP), and subsequent pro bono prosecution work for the City of Denver.
Jennifer is a frequent speaker on tribal rights, Indian Law matters, and Native Americans' unique racial and political perspective on legal diversity issues.
Areas of Concentration
· Litigation
· Indian/Native American law
· Environmental and natural resources
· Oil and gas
· Tribal energy development
· Securities litigation
· Alternative dispute resolution
· Subprime mortgage
Professional & Community Involvement
· President, Colorado Indian Bar Association, 2009 - 2011
· Member, Board of Directors, Colorado Campaign for Inclusive Excellence
· Chair, Federal Bar Association Indian Law Conference, Albuquerque, NM, 2008
· Co-chair, Federal Bar Association Indian Law Conference, 2007
· Trustee, Denver Bar Association, 2005 - 2008
· President, Harvard Law School Native American Alumni Committee, 2006 - Present
· Co-Chair, Harvard Law School Celebration of Native American Alumni, Cambridge, MA, October 26-29, 2006
· Co-Chair, Rocky Mountain Legal Diversity Summit, 2007
· Colorado Chair, Native Vote Election Protection Project of the National Congress of American Indians, 2004 - Present
· Member, Minoru Yasui Inn of Court
· Member, Colorado Bar Association Board of Governors, 2005 - 2008
· Member, Colorado Lawyers Committee Election Task Force, 2004 - Present
· Member, Advisory Committee on the ABA American Jury Project, 2004 - 2005
· Member, American Bar Association
· Member, Denver Bar Association
· Secretary, Federal Bar Association, Indian Law Section
· Member, Native American Bar Association
· Member, Colorado Bar Foundation
· Member, Rocky Mountain Mineral Law Foundation
Awards & Recognition
· Listed, Best Lawyers in America, 2010
Noteworthy Experience
· Adjunct Faculty, University of Denver School of Law, "Indigenous Peoples in International Law", Spring Terms 2003 and 2004
Articles, Publications, & Lectures
Articles
· Author, "Subprime Lending Crisis Brings Little Litigation to Colorado," Colorado Biz online, March 2, 2009.
Books
· Co-Author, Chapter 168, "Air Quality Control," Environmental Regulation, From the Second Edition of the American Law of Mining (2003).
Lectures
· Presenter, "Feeding the Pipeline: Strategies for Training and Retaining Women," Harvard Law School Celebration 55, Women's Leadership Summit, Cambridge, Massachusetts, September 18-21, 2008.
· Workshop host, "ABA National Conference for the Minority Lawyer," San José, California, June 25-27, 2008.
· Presenter, "Tribal Employment Rights and Resource Development Agreements," IPAMS Indian Lands Energy Investment and Prospects Conference, March 6, 2007 (Denver, CO).
· Workshop host, "Critical Perspectives: Minority Women Speaking to Power in Law School and Legal Careers" at the Expanding Your Horizons Conference, University of Colorado at Denver (April 6, 2002).
· Presenter, 12th Annual Indian Land Consolidation Symposium, "Tribal Probate Codes" and "Legal Initiatives for Land Consolidation," (Albuquerque, New Mexico, November 6 and 7, 2002).
Member: Colorado Indian Bar Association (President, 2009-2011); Federal Bar Association (Chair, Indian Law Conference, Albuquerque, NM, 2008; Co-chair, 2007; Secretary, Indian Law Section); Denver Bar Association (Trustee, 2005-2008); Minoru Yasui Inn of Court; The Colorado Bar Association (Member, Board of Governors, 2005-2008); American Bar Association; Native American Bar Association; Colorado Bar Foundation.
Practice Areas: American Indian Law; Environmental; Energy & Natural Resources; Litigation.Email: Jennifer H. Weddle
OF COUNSEL
Douglas H. Benevento (Of Counsel) born 1965; admitted to bar, 2002, Colorado. Education: University of Colorado at Boulder (B.A., 1988); Johns Hopkins University (M.A., Government, 1998); University of Denver Sturm College of Law (J.D., 2002).
Douglas H. Benevento assists clients with environmental, health and natural resource issues in the private sector and before local, state, and federal government agencies. Prior to joining Greenberg Traurig, Doug was a cabinet level appointee in the administration of Governor Bill Owens from late 2002 to the end of 2005, where he was the executive director of the Colorado Department of Public Health and Environment, an agency of over 1,100 employees with a budget in excess of $300 million. The Colorado Department of Health is responsible for setting policies and implementing most of Colorado's state and federal environmental laws such as the Clean Air Act, the Clean Water Act, and the Resource Conservation and Recovery Act. The Department also oversees regulation of hospitals, long term care facilities and other medical institutions, bioterrorism preparedness, and other broad based public health programs. Prior to becoming executive director, Doug was the Department's environmental programs director from 1999 to 2002.
Among Doug's numerous achievements at the Department, his most notable include establishing programs which led to compliance throughout Colorado with all federally based air quality standards, issuing a permit for a major new power plant unit in Pueblo, cleanup of the Rocky Flats Environmental Technology Site, and addressing disposal needs for low-level radioactive waste in Colorado. He was also instrumental in beginning the process of rewriting regulations for medical care facilities in Colorado, securing funding for the Ryan White AIDS Program, and bioterrorism preparedness in Colorado.
Before joining the Owens Administration, Doug worked for Congressman and then Senator Wayne Allard from 1990 to 1999. He was responsible for transportation, natural resource, and environmental issues. He also served as staff on the House Agriculture Committee in 1995 and 1996 where he helped author the 1996 Farm Bill. He also worked on the reauthorization of the Federal Insecticide, Fungicide, Rodenticide Act and amendments to Federal Food Drug and Cosmetic Act to improve the process for approving the availability of animal drugs through the passage of the Animal Drug Availability Act. In 1998 he worked on the Transportation Equity Act for the 21st Century which increased the amount of funding Colorado received from the Highway Trust Fund. Doug also worked on approval of direct British Airway flights from Denver to London at Denver International Airport and designation of wilderness areas in Colorado.
Areas of Concentration
· Health and environmental policy
· Government affairs
Professional & Community Involvement
· Member, National Advisory Environmental Health Sciences Council
· Past Member, Regional Air Quality Council
· Past Chair, Governor's Emergency Expert Epidemiology Response Committee
· Past Ex-Officio Member, Colorado Board of Health
· Member, Rocky Mountain Mineral Law Foundation
Awards & Recognition
· Listed, Chambers & Partners USA Guide, an annual listing of the leading business lawyers and law firms in the world, 2007-2009 editions
Previous Employment
· Executive Director, Colorado Department of Public Health and Environment, 2003-2005
· Director of Environmental Programs, Colorado Department of Public Health and Environment, 1999- 2002
· Senior Legislative Assistant, Office of U.S. Senator Wayne Allard, 1997-1999
· Director, Conservation, Credit, and Rural Development Subcommittee, House Agriculture Committee, 1995-1997
· Legislative Director, U.S. Congressman Wayne Allard, 1993-1995
Articles, Publications, & Lectures
Articles
· Authored articles on Air Quality in Colorado
· Author, Colorado Prepared for Pandemic Flu, 2005
Practice Areas: Government Affairs; Environmental; Health & FDA Business; Energy & Natural Resources; Climate Change; Catastrophe Planning & Response; Defense & Homeland Security; Green Building & Sustainable Development.Email: Douglas H. Benevento
Jeannette M. Brook (Of Counsel) born Wilmington, Delaware, August 29, 1966; admitted to bar, 1993, Rhode Island (inactive); 1995, Indiana (inactive); 2005, Colorado; U.S. Court of Appeals, Seventh Circuit; U.S. Court of Appeals, Tenth Circuit; U.S. District Court for the District of Colorado; U.S. District Court for the District of Rhode Island; U.S. District Court for the Northern District of Indiana; U.S. District Court for the Southern District of Indiana; Supreme Court of Indiana; Supreme Court of Rhode Island. Education: Dartmouth College (B.A., Environmental Science and Geography, 1988); Notre Dame Law School (J.D., 1993).
Jeannette M. Brook focuses her practice on litigation of a wide range of employment matters, including discrimination claims based on sex, race, age, and disability. Jenny has represented clients in state and federal courts in various employment disputes as well as acting as lead counsel in both bench and jury trials. Her focus includes defense of numerous nationwide class actions. Representations include National City Bank, Bridgestone/Firestone, The State of Indiana, Eastman Kodak Co., El Paso Corporation, Johnson & Wales University and the Rolls Royce Company. She is a frequent speaker on current trends in employment law.
Areas of Concentration
· Employment law and litigation
· Class action litigation
· Restrictive covenants and non-competes
· Commercial and civil litigation
Significant Representations
· Represented private and public entities in key employment litigation arising under Title VII, ADA, ADEA, FMLA and state wage and hour and anti-discrimination statues.
· National coordinating counsel for Fortune 50 retailer in defense of wage and hour class actions pending throughout the country.
· Counseled companies on various aspects of employment law including employment agreements, restrictive covenants, employee handbooks, separation agreements, and administrative proceedings before the Equal Employment Opportunity Commission.
· Commercial litigation in both State and Federal Courts, including jury trials, bench trials, dispositive motions, and appeals.
Professional & Community Involvement
· Executive Committee, Women in Law Division, Indianapolis Bar Association, 1999 to 2004
· Board Member, The Children's Bureau, 1999 to 2004
· Board Member, Child Advocates Inc., l995 to 1998
· Research Intern, United Nations, London England, 1991
· Tucker Foundation Fellow, Singapore Antinarcotics Association
Awards & Recognition
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine, 2009
Articles, Publications, & Lectures
Lectures
· Presenter, "Developments in Class Action Litigation," National Conference for Class Action Lawyers, Bentonville, Arkansas, 2004-2008
· Presenter, "Hot Topics in Employment Law," El Paso Corporation, 2008
· Presenter, "Recent Developments in Disability Discrimination and Accommodation Issues," Indiana Continuing Legal Education Forum, 2003
· Presenter, "The Fundamentals of an Effective Cross Examination," Women in the Law Conference, 2002
· Presenter, "Recent Developments in Employment Law," Indiana Continuing Legal Education Forum, 2001, 2002
· Presenter, "Your Rights Under the Americans with Disabilities Act," MS Society of Indiana, 1998, 1999, 2000, 2001, 2002, 2003
Member: Indianapolis Bar Association (Member, Executive Committee, Women in Law Division, 1999 to 2004)
Practice Areas: Labor & Employment; Litigation; Class Action Litigation.Email: Jeannette M. Brook
Douglas J. Friednash (Of Counsel) admitted to bar, 1988, Colorado. Education: University of California at Santa Barbara (B.S., Business/Economics and Political Science, 1984); University of San Diego School of Law (J.D., 1987).
Doug Friednash represents clients in governmental matters, and in election issues and initiatives. He serves as lead counsel to the First Amendment Council, a coalition of Colorado-based individuals, non-profit corporations and businesses challenging the constitutionality of Amendment 41 in Developmental Pathways v. Ritter. Doug is also lead counsel in Ritchie v. Ritter, representing a coalition of groups challenging the constitutionality of Amendment 54. He represents political and issues campaigns, including the Denver Metro Chamber of Commerce, in challenging numerous ballot initiatives before the Title Board and the Colorado Supreme Court. Doug also served as counsel to Senator Mark Udall's Senate campaign.
In addition, Doug's practice includes representation of companies in complex commercial litigation. He has experience in appellate proceedings and alternative dispute resolution forums. He also provides advice and defense in administrative and regulatory matters. His recent litigation experience includes representation of a national pharmaceutical benefit management company, and the largest privately-held jeweler in the United States in complex commercial litigation and trademark infringement issues.
Areas of Concentration
· Litigation
· Election law
· Government litigation
Significant Representations
· Colorado Ethics Watch v. Coffman, (Amendment 41 defense)
· Lead counsel, Ritchie v. Ritter
· Lead counsel, Developmental Pathways vs. Ritter
· Challenge proposed ballot initiatives at Title Board Hearings and before the Colorado Supreme Court
· Represent prominent national businesses in complex commercial litigation matters
Professional & Community Involvement
· Board of Directors, American Jewish Committee
· Board of Governors, Metro Denver Economic Development Corporation
· Board of Directors, Aurora Economic Development Council
· Board of Directors, University of San Diego School of Law Alumni Association
· Board of Directors, Sami Shamoon College of Engineering, Israel
· Member, Colorado American Israel Public Affairs Committee Council
· Legislative Affairs Committee, National Association of Industrial & Office Properties
· Member, Colorado Bar Association
· Member, Denver Bar Association
Awards & Recognition
· Best Government Lawyer, 2009 Barrister's Best, Law Week Colorado
Previous Employment
· General Assembly, State of Colorado 1992 - 1996
- Co-Chair, Colorado Democratic Leadership Council
· Office of the Attorney General, Criminal Enforcement Section 1988 - 1990
Member: The Colorado Bar Association; Denver Bar Association.
Practice Areas: Litigation; Government Litigation; Governmental Affairs; Election Law.Email: Douglas J. Friednash
Larry G. Hudson, Jr. (Of Counsel) born 1969; admitted to bar, 2004, Colorado. Education: East Carolina University (B.A., Political Science, 1991); University of Colorado at Denver (M.P.A., 1997); University of Denver Sturm College of Law (J.D., 2004).
Larry G. Hudson, Jr. concentrates his practice on representing numerous corporations and trade associations on lobbying and government relations matters before the Colorado General Assembly and Executive Agencies. Larry has considerable knowledge of the State of Colorado legislative and budget process. Prior to joining Greenberg Traurig, Larry served as a Senior Policy Advisor to Colorado Governor Bill Owens in the areas of criminal justice and transportation policy. He has developed a particular lobbying practice in the areas of information technology policy and procurement and represents corporations involved in technology projects invested in by the State of Colorado. Larry also represents non-profit associations on legislative matters, with a particular focus on business and K-12 education issues.
Larry currently serves on the Juvenile Justice Prevention and Delinquency Council, and is active in various legal, civic, community, and political organizations.
Areas of Concentration
· Lobbying and government relations
· Government procurement
· Criminal justice and corrections
· Energy and natural resources
· Public safety
· Information technology
· Transportation
· Appropriations
· Education
Professional & Community Involvement
· Board Member, Juvenile Justice Prevention and Delinquency Council
· Member, Federalist Society
· Member, Colorado Bar Association
· Member, Denver Bar Association
· Member, Republican National Lawyers Association
· Member, Denver Chamber of Commerce Public Affairs Committee
· Member, Colorado Association of Commerce and Industry Government Affairs Council
· Mentor, University of Denver College of Law Lawyering Process program
· Volunteer, Colorado Close Up
Awards & Recognition
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine as a Rising Star, 2009
· American Jurisprudence Award, Trial Practice, 2002
· Pi Sigma Alpha National Political Science Honor Society, 1990
Previous Employment
· Senior Vice-President, Corporate Advocates, LLC, 2001-2004
· Senior Policy Analyst, Patton Boggs, LLP, 1997-2001
· Senior Policy Advisor, Governor's Office of Policy and Initiatives, Governor Bill Owens (CO), 1999-2000
Other Experience
· Colorado General Assembly Legislative Volunteer
· Political Research Committee: Bill Owens for Governor (1998); Gale Norton for U.S. Senate (1996)
Member: Juvenile Justice Prevention and Delinquency Council (Board Member); Federalist Society; The Colorado Bar Association; Denver Bar Association; Republican National Lawyers Association; Denver Chamber of Commerce (Member, Public Affairs Committee); Colorado Association of Commerce and Industry Government Affairs Council.
Practice Areas: Government Affairs; Environmental; Energy & Natural Resources; Climate Change.Email: Larry G. Hudson, Jr.
Gayle L. Strong (Of Counsel) born 1953; admitted to bar, 1990, Colorado; U.S. Court of Appeals, Federal Circuit; U.S. Court of Appeals, Tenth Circuit; U.S. District Court for the District of Colorado; registered to practice before U.S. Patent and Trademark Office. Education: Bowling Green State University (B.S., Microbiology and Chemistry, cum laude); University of Colorado School of Law (J.D., 1990).
Gayle L. Strong's practice focuses on protecting and enforcing intellectual property rights, including patents, trademarks, copyrights, and trade secrets, and assisting clients in recognizing and developing the value of their intellectual property assets. Gayle has litigated copyright infringement cases involving software, computerized map animations, photographs, plush toys, and hand-painted pottery. She has litigated various trademark infringement matters, and represents clients in trademark proceedings before the U.S. Patent and Trademark Office and in domain name dispute proceedings. Gayle's patent infringement litigation experience has involved telecommunications, novelty products, and manufacturing methods. Prior to earning her law degree, she worked in the fields of clinical laboratory medicine, medical research, and clinical product development.
Areas of Concentration
· Intellectual property litigation
· Intellectual property prosecution
· Intellectual property transactions
Professional & Community Involvement
· Member, Colorado Bar Association
- Patent, Trademark and Copyright Section
· Member, International Trademark Association
· Member, Copyright Society of the U.S.A.
Awards & Recognition
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine, 2006 - 2008
Clerkship
· Judicial clerk, Colorado Court of Appeals
Articles, Publications, & Lectures
Articles
· Author, "Employee E-Mail: A Waiver of Privilege?," Vol. 25, No. 3, Colorado Lawyer, March 1996
· Author, "Employee E-Mail: Creating Employer Liability?," Vol. 24, No. 4, Colorado Lawyer, April 1995
· Author, "Intellectual Property in the NAFTA," Vol. 22, No. 5, Colorado Lawyer, May 1993
Lectures
· Presenter, "The 'Work Made for Hire' Doctrine: Who Owns the Copyright: Employer, Employee or Independent Contractor?," Colorado Law Institute, February 2007
· Presenter, "Work Made for Hire: Copyright Law and Ownership Concerns", CLE International Faculty, Intellectual Property Week, June 16, 2005
· Presenter, "Ownership of Intellectual Property Rights in the Employment Relationship", CLE International Faculty, January 2004, and Colorado Bar Association, Labor and Employment Section, May 2002
Member: The Colorado Bar Association (Member, Patent, Trademark and Copyright Section); International Trademark Association.
Practice Areas: Intellectual Property & Technology; Litigation.Email: Gayle L. Strong
John R. Wahl (Of Counsel) born Kansas City, Kansas, January 17, 1944; admitted to bar, 1986, Michigan; 1994, Colorado; U.S. Court of Appeals, Federal Circuit; U.S. District Court for the District of Colorado; U.S. District Court for the Eastern District of Michigan; Supreme Court of the United States; U.S. Court of Federal Claims; U.S. Patent and Trademark Office; Supreme Court of Colorado. Education: University of Michigan (B.S.E., Environmental Science Engineering, 1979); University of Michigan (B.S.E., Nuclear Engineering, 1979); Detroit College of Law (J.D., 1986); Navy Electronics, Submarine and Nuclear Power Schools.
John Wahl is a registered patent attorney with over 20 years experience in patent, trademark and trade secret law, including related prosecution, opinion and licensing matters, litigation support and specializing in strategic client counseling. His technical experience includes electrical, mechanical, biotech instrumentation, computers and computer peripherals, electronic circuits, lasers, chemical processing, and software technologies. He also has prior engineering experience in both naval and commercial nuclear power plant design and operation.
Areas of Concentration
· Patent preparation and prosecution
· Intellectual property licensing
· Technology transfers and research collaborations
· Due diligence for licensing, mergers and acquisitions
· Opinions
· Strategic advice
· Patent portfolio management
· Litigation strategy and support
Professional & Community Involvement
· Member, American Bar Association
· Member, State Bar of Michigan
· Member, Colorado Bar Association
· Member, American Intellectual Property Law Association
· Member, Licensing Executive Society
Other Experience
· Shareholder, Merchant & Gould PC
· Of Counsel, Holland & Hart LLP
· Senior Patent Counsel, The Perkin Elmer Corporation
· Patent Counsel, Olin Corporation
· Associate, Harness Dickey & Pierce
· Senior Nuclear Engineer, Bechtel Power Corporation
· Supervisor of Reactor Operations, University of Michigan
Member: American Bar Association; State Bar of Michigan; The Colorado Bar Association; American Intellectual Property Law Association; Licensing Executive Society.
Practice Areas: Intellectual Property & Technology.Email: John R. Wahl
Claude C. Wild III (Of Counsel) born Austin, Texas, September 18, 1949; admitted to bar, 1976, Colorado; 1979, District of Columbia. Education: Duke University (B.A., 1972); Georgetown University Law Center (J.D., 1975).
Claude C. Wild III concentrates his practice in antitrust law and advertising, with particular focus on trade associations, healthcare, trade regulation, and other governmental matters. He also works with food, dietary supplement, consumer electronic, and cosmetic companies in their labeling, advertising, and marketing efforts.
Prior to joining Greenberg Traurig, Claude served 13 years as the Regional Director of the Denver Regional Office of the United States Federal Trade Commission (FTC). As Regional Director, Claude was responsible for enforcement and administration of federal consumer protection and antitrust law and regulations throughout an eight-state area. During his tenure, Claude was responsible for several merger investigations and litigation, as well as a wide variety of antitrust and trade regulation and matters, including advertising, franchising, and funeral industry issues. He was also responsible for agency relations with attorneys general and other government officials. Claude has served as spokesperson for consumer and business education, both nationally and internationally.
Claude is a public speaker and lecturer, and has made numerous appearances as a commentator on consumer issues for national radio and television talk shows.
At Greenberg Traurig, Claude counsels clients on advertising, antitrust, healthcare, and marketing matters and represents them before the Federal Trade Commission and state attorneys general.
Areas of Concentration
· Defending FTC and state attorney general investigations
· Advertising and promotion law
· Food and drug law
· Hart-Scott-Rodino Premerger Notification
· Administrative and regulatory law
Professional & Community Involvement
· Member, Board of Directors, Rocky Mountain Chapter of the American Liver Foundation
· Chairman, Antitrust and Commercial Litigation Subsection, Business Law Section, Colorado Bar Association
· Member, American Bar Association, Antitrust Section
Awards & Recognition
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine, 2006
· Listed, Best Lawyers in America, 2008 - 2010
Articles, Publications, & Lectures
Speeches
· Speaker, "Antitrust Update," presented at the 7th Annual Business Law Institute, co-sponsored by the Colorado Bar Association Business Law Section and the Colorado Chapter of the Association of Corporate Counsel America, August 11, 2006
· Speaker, "Top 10 Advertising Mistakes Clients Make," presented at the 5th Annual Business Law Institute, co-sponsored by the Colorado Bar Association Business Law Section and the Colorado Chapter of the Association of Corporate Counsel America, October 29, 2004
· Speaker, "What To Do If the FTC or State AG Comes to Call," presented at "Green Lights and Red Flags: FTC Rules of the Road for Advertisers," sponsored by the Federal Trade Commission and Colorado Bar Association CLE, July 22, 2004
Member: The Colorado Bar Association (Chairman, Antitrust and Commercial Litigation Subsection, Business Law Section); American Bar Association (Member, Antitrust Section).
Practice Areas: Governmental Affairs; Antitrust & Trade Regulation; Life Sciences; Government Litigation.Email: Claude C. Wild III
ASSOCIATES
Cuneyt A. Akay (Associate) admitted to bar, 2007, Colorado; U.S. District Court for the District of Colorado. Education: Cornell University (B.A., Government, 2001) College of Arts and Sciences Dean's List; George Washington University (J.D., 2007) Runner-up, Best Overall Competitor, Van Vleck Constitutional Law Moot Court Competition; Member, Moot Court Board.
Cuneyt Akay is an associate in the litigation group focusing his practice on complex commercial litigation.
Areas of Concentration
· Commercial litigation
· Class action defense
Professional & Community Involvement
· Volunteer, Habitat for Humanity
· Volunteer, Colorado Close Up
· Member, American Bar Association
· Member, Colorado Bar Association
· Member, Denver Bar Association
Internship
· Intern, Office of the Solicitor General, United States Department of Justice
· Intern, Office of International Affairs, Criminal Division, United States Department of Justice
· Intern, Zuvin Law Offices, Istanbul, Turkey
Member: American Bar Association; The Colorado Bar Association; Denver Bar Association.
Languages: Turkish. Practice Areas: Litigation.Email: Cuneyt A. Akay
Natalia S. Ballinger (Associate) born Memphis, Tennessee; admitted to bar, 2000, Arizona; 2005, Colorado; U.S. District Court for the District of Arizona; U.S. District Court for the District of Colorado. Education: Vanderbilt University (B.A., Spanish/French Literature, summa cum laude, 1996); Vanderbilt University Law Schoo,(J.D., 2000) Research Editor, Vanderbilt Journal of Transnational Law; Co-President, VLS Spanish American Law Student Association ("SALSA"); President and Founder, VLS Chapter of Amnesty International.
As a member of the firm's class action team, Natalia S. Ballinger has assisted in the defense of numerous national high-profile class actions. Talia's practice also focuses on a broad range of litigation matters including employment issues, commercial business disputes and trade secret cases. In the employment arena, Talia represents employers in discrimination, harassment, wrongful discharge and breach of employment contract lawsuits and administrative claims. Talia also assists companies in the enforcement of restrictive covenants and non-compete agreements.
Prior to joining the firm, Talia was a Fulbright teaching assistant in Vienna, Austria, and later practiced commercial litigation and immigration law in Arizona. In 2008, she was named as one of Denver's "Forty Under 40" by the Denver Business Journal for her business success and community contributions.
Areas of Concentration
· Class action defense
· Commercial litigation
· Employment law
Professional & Community Involvement
· Member, Denver Metro Chamber Foundation, 2008 Chamber 100 Program
· Board of Directors and Executive Committee, YouthBiz, Inc.
· Leadership Denver, Class of 2006
· CBCA Leadership Arts, Class of 2006
· Planning Committee, Denver's Road Home annual fundraising gala
· Volunteer, Dress for Success
· Participant, Chamber 100
· Member, Colorado Hispanic Bar Association
· Member, Colorado Women's Bar Association
Awards & Recognition
· Named one of Denver's Forty Under 40 by the Denver Business Journal, 2008
· Recipient, Florence Immigrant and Refugee Rights Project Award
· Awarded a Fulbright Fellowship for teaching/research in Vienna, Austria
Clerkship
· Law Clerk, for United States Magistrate Judge Bruce D. Pringle in the United States District Court for the District of Colorado
Articles, Publications, & Lectures
Articles
· Author, "Navigating the Transgender Gauntlet," Employment Law 360, November 27, 2007
Member: Colorado Hispanic Bar Association; Colorado Women's Bar Association.
Languages: French; German; Spanish. Practice Areas: Litigation.Email: Natalia S. Ballinger
Jonathan C. Beall (Associate) admitted to bar, 2002, Colorado. Education: Dickinson College (B.A., Political Science, 1999); American University, Washington College of Law (J.D., 2002) Senior Staff Member, American University Washington College of Law International Law Review.
Jonathan C. Beall focuses his practice on securities, venture financing, mergers and acquisitions, and information technology as well as transactional and business tax matters, including corporate tax, limited liability companies, and partnerships. Jonathan's practice also includes the representation of professional athletes.
Prior to joining the firm, Jonathan served as the Director of Marketing for a private company and as an intern-assistant in the General Counsel's office of the Federal Aviation Administration in Washington, D.C.
Areas of Concentration
· Corporate finance and securities
· Information technology
· Intellectual property
· Mergers and acquisitions
· Public offerings
· Venture capital
· Sports law
Significant Representations
· Represented software developer in private equity financing.
· Represented purchaser in acquisition of $12 million private company.
· Represented lender in bridge loan to low earth orbit satellite company through collateralized debt facilities.
· Represented lender in asset based loan to retail chain kiosk supplier.
Professional & Community Involvement
· Member, Denver Bar Association
· Member, Colorado Bar Association
· Member, American Bar Association
· Board of Directors, Colorado Lawyers for the Arts
Member: Denver Bar Association; The Colorado Bar Association; American Bar Association; Colorado Lawyers for the Arts (Board of Directors).
Languages: Italian. Practice Areas: Corporate & Securities; Litigation.Email: Jonathan C. Beall
Heath J. Briggs (Associate) admitted to bar, 2003, Colorado; U.S. Patent and Trademark Office. Education: University of Colorado at Boulder (B.S., Chemical Engineering, 1997) President, Chemical Engineering Honor Society; University of Denver Sturm College of Law (J.D., 2003) American Jurisprudence awards in Patent Law, Technology Law, and Antitrust Law.
Heath Briggs is a registered patent attorney and regularly counsels clients in the various areas of intellectual property, including patent, trademark, trade secret and copyright matters. Heath's primary focus is in the patent arena, where he has obtained numerous U.S. and foreign patents for clients, predominately in the chemical and environmental fields. Heath also works in and has considerable experience with many other technologies, including computer software, computer systems, semiconductor manufacture, medical devices and microelectromechanical systems (MEMS). Heath is also a member of Greenberg Traurig's Climate Change Task Force, in which he assists clients in protecting their intellectual assets relating to climate change initiatives.
Heath has substantial experience with post-issuance patent proceedings and has participated in several ex parte and inter partes reexamination proceedings before the United States Patent and Trademark Office, where he has assisted in defending several patents from attack by third parties.
Heath is involved in the community and actively works to educate aspiring inventors and entrepreneurs about intellectual property
Areas of Concentration
· Patent prosecution and licensing
· Post-issuance patent proceedings
· Patent opinions
Professional & Community Involvement
· Adjunct Professor, "Intellectual Property for Engineers", University of Colorado at Boulder
· Member, American Intellectual Property Law Association (AIPLA)
· Member, Board of Directors, Front Range Center for Assault Prevention
· Member, Colorado Bar Association
· Member, Denver Bar Association
Articles, Publications, & Lectures
· Author, "In Re Swanson: Take Another Bite of the Apple," IP Law360, October 2008
Member: American Intellectual Property Law Association (AIPLA); The Colorado Bar Association; Denver Bar Association.
Practice Areas: Intellectual Property & Technology; Climate Change.Email: Heath J. Briggs
Terrance D. Carroll (Associate) admitted to bar, 2005, Colorado; U.S. Court of Appeals, Tenth Circuit; U.S. District Court for the District of Colorado. Education: Morehouse College (B.A., cum laude); Iliff School of Theology (M.Div.); University of Denver Sturm College of Law (J.D.).
Terrance D. Carroll represents clients in regulatory, civil and employment litigation matters. He also represents clients before various federal administrative and regulatory agencies. Asiden from practicing law, Terrance is the Colorado State Representative for House District 7. He is the Speaker of the Colorado House of Representatives.
Areas of Concentration
· Civil litigation
· Administrative/regulatory law
· Education law
· Election law
Professional & Community Involvement
· Speaker, Colorado House of Representatives
· Member, Denver Crime Control and Prevention Commission
· Board Member, Colorado Lawyers Chapter of the American Constitution Society
· Member, Colorado Lawyers Committee's Election Task Force
· Board of Governors, Colorado Bar Association
· Former Chairman, House Judiciary Committee
· Former Member, Colorado Secretary of State's Blue Ribbon Election Panel
· Member, Denver Bar Association
· Member, Sam Cary Bar Association
· Ordained Minister, American Baptist Churches - USA
Awards & Recognition
· People's Choice - Best Lawyer Turned Legislator, 2009 Barrister's Best, Law Week Colorado
· Marshall Memorial Fellow, German Marshall Fund of the United States, 2006
· Named, Legislator of the Year by the Colorado Trial Lawyers Association, 2005
· Outstanding Recent Alumnus Award, Iliff School of Theology, 2001
· Selected by Rocky Mountain News as an Up and Coming African American Leader, 1999
· Selected by Urban Spectrum Magazine as an African American Who Makes a Difference, 1999
· Madison-Jefferson Scholar on Church-State Relations, American United for the Separation of Church and State, 1998
Articles, Publications, & Lectures
· Panelist, "Cost-Cutting Strategies in Corrections," National Conference of State Legislatures Legislative Summit, July 2009
· Panelist, "Race and the Law in the Wake of the 2008 Election," American Constitution Society National Convention, June 2009
· Panelist, "Voting Rights," Colorado Bar Association Civil Rights Committee, October 2008
· Panelist, "State Election Laws and Voter Participation," American Constitution Society National Convention, June 2008
· Panelist, "Promoting Political Participation: A Conversation Among State Legislators," American Constitution Society, February 2008
Member: The Colorado Bar Association (Board of Governors); Denver Bar Association; Sam Cary Bar Association.
Practice Areas: Litigation; Government Litigation.Email: Terrance D. Carroll
Tyler D. Coombe (Associate) admitted to bar, 2004, Colorado; U.S. District Court for the District of Colorado. Education: University of Colorado at Boulder (B.A., History and Art History, 1998); University of Denver Sturm College of Law (J.D., 2003) Student Law Office - Civil Litigation Clinic.
Tyler D. Coombe practices in Greenberg Traurig's litigation group with emphasis on complex commercial litigation, electronic discovery, employment and insurance. As a member of the firm's class action defense team, he has assisted in the defense of numerous wage and hour class actions in state and federal courts across the United States for a Fortune 50 company.
Areas of Concentration
· Complex commercial litigation
· Employment litigation
· eDiscovery
· Insurance
Professional & Community Involvement
· Board of Directors, Secretary, OpenWorld Learning
· Board of Directors, Four Mile Historic Park
· Board of Directors, DU Art
· Board of Directors, Open World Learning
· Pro bono counsel, The Challenge Foundation
· Member, Denver Bar Association
· Member, Colorado Bar Association
Clerkship
· Law Clerk, Office of General Counsel, Admiral Beverage Corporation, Denver, CO, 2002-2003
· Law Clerk, Aurora Public Schools, Aurora, CO, 2002
· Law Clerk, Dyer & Shuman, LLP, Denver, CO, 2001
Member: Denver Bar Association; The Colorado Bar Association.
Practice Areas: Litigation.Email: Tyler D. Coombe
Michael R. Davis (Associate) admitted to bar, 2005, Iowa; 2006, District of Columbia; 2008, Colorado; U.S. Court of Appeals, Fourth Circuit; U.S. Court of Appeals, Tenth Circuit; U.S. District Court for the District of Colorado. Education: University of Iowa (B.A., Liberal Arts and Journalism, 2000) Public Policy Intern, Office of the Speaker, The Honorable Newt Gingrich, United States House of Representatives, Fall 1998; University of Iowa College of Law (J.D., 2004) Student Writer, Iowa Law Review.
Michael R. Davis is a litigation associate in the Denver office. He focuses on complex civil litigation involving major retail, energy, healthcare and other companies. In addition, Mike also handles litigation involving public policy, the Constitution and political and campaign issues. Complementing his legal skills, Mike has federal government, political and public relations experience. He has served in all three branches of the federal government, including for the President, for the Speaker of the House, for a cabinet secretary and for a senior senator. Mike has also served as a law clerk for a federal circuit judge and as a federal prosecutor for the Department of Justice. Outside of his law practice, Mike is a member of the executive advisory committee for arc Thrift Stores. The organization is the largest social enterprise in the state of Colorado with $44 million in annual operating revenues and more than 700 employees. It is dedicated to assisting individuals with developmental disabilities and their families. He is also a member of the board of advisors for the Alliance for Choice in Education (ACE), a Denver-based nonprofit organization dedicated to providing low-income families with the power and freedom of genuine educational choice through privately funded K-12 scholarships, college-prep and education advocacy.
Significant Representations
· Colorado Ethics Watch v. Coffman (assisted in defending former Colorado Secretary of State and current U.S. Congressman Mike Coffman in the first-ever ethics complaint lodged with the Colorado Independent Ethics Commission)
· Ritchie v. Ritter (assisted in obtaining a preliminary injunction, on First Amendment grounds, against the implementation and enforcement of Amendment 54 to the Colorado Constitution)
Professional & Community Involvement
· Member, Board of Advisors, Alliance for Choice in Education (ACE)
· Member, Executive Advisory Committee, arc Thrift Stores
· Co-Leader of the Colorado Chapter, Republican National Lawyers Association
· Member, Bylaws Committee, Denver County Republican Party
· Member of the Legal Advisory Board, Colorado Civil Justice League
· Member, Colorado Republican Business Coalition
· Member, The Federalist Society
· Member, Iowa State Bar Association
· Member, District of Columbia Bar Association
· Member, Colorado Bar Association
· Member, Denver Bar Association
Previous Employment
· Counsel to the Assistant Attorney General for the Criminal Division; Special Assistant United States Attorney, Eastern District of Virginia, United States Department of Justice, Washington, D.C. and Alexandria, Virginia, February 2006 - September 2006
· Associate Director, Office of Political Affairs, The White House, Washington, D.C., February 2005 - February 2006
· Member, United States Advisory Committee on Student Financial Assistance, United States Department of Education, Washington, D.C., October 2003 - February 2005
· Special Assistant for White House Liaison, Office of the Secretary, United States Department of Health and Human Services, Washington, D.C., February 2001 - July 2002
· Staff Assistant, Office of Senator Charles E. Grassley (R-IA), United States Senate, Washington, D.C., July 2000 - January 2001
Clerkship
· Law Clerk, The Honorable Neil M. Gorsuch, United States Court of Appeals for the Tenth Circuit, Denver, Colorado, September 2006 - August 2007
· Law Clerk, Office of Legal Policy, United States Department of Justice, Washington, D.C., Summer 2004
· Law Clerk, Office of the United States Attorney for the Northern District of Iowa, Summer 2003
Member: Republican National Lawyers Association (Co-Leader of the Colorado Chapter); Iowa State Bar Association; District of Columbia Bar; The Colorado Bar Association; Denver Bar Association.
Practice Areas: Litigation.Email: Michael R. Davis
Wm. Alex Furman (Associate) admitted to bar, 2006, Colorado; U.S. Patent and Trademark Office. Education: Princeton University (B.S., Electrical Engineering, 1999) Major in Solid State Devices, Minor in Signals; Member, Sigma Xi research society; University of Colorado at Boulder, Leeds School of Business (M.B.A., Management and Finance, 2006); University of Colorado School of Law (J.D., 2006).
Alex Furman focuses his intellectual property law practice in patent prosecution, reexamination, and litigation. Alex has prepared and prosecuted patents covering a broad range of areas including software, electrical circuits, solid state device manufacturing, shape memory materials, medical device technologies, and disk drives. Alex also actively supports patent litigation and reexamination efforts on a broad range of technologies. In addition, he has assisted in patentability searches and infringement analyses. Alex's industry experience entails electrical and optical design, including firmware design, high-speed digital circuit design, and high-speed analog circuit design work.
Areas of Concentration
· Intellectual property
· Patent prosecution
· Patent preparation
· Trademark prosecution
· Patentability assessment
· Noninfringement and invalidity analysis
Professional & Community Involvement
· Board Treasurer, Boulder County Arts Alliance
· Member, Colorado Bar Association
· Member, Boulder County Bar Association
Previous Employment
· Electrical Engineer, Boulder Nonlinear Systems, Lafayette, CO, 1999-2002
Clerkship
· Law Clerk, Marsh, Fischmann & Breyfogle, LLP, Boulder, CO, 2005
· Law Clerk, Inventor Relations and Licensing, Technology Transfer Office, University of Colorado at Boulder, Boulder, CO, Summer 2004
· Law Clerk, Judges Frank N. Dubofsky and Daniel C. Hale, State District Court, 20th Judicial District, Boulder, CO, 2003
Member: The Colorado Bar Association; Boulder County Bar Association.
Practice Areas: Intellectual Property & Technology; Intellectual Property Litigation.Email: Wm. Alex Furman
Jeffrey M. Lippa (Associate) admitted to bar, 2005, Colorado; U.S. District Court for the District of Colorado. Education: University of Colorado at Boulder (B.S., American History and Journalism); University of Colorado School of Law (J.D., 2005) Order of the Coif; Casenote & Comment Editor, University of Colorado Law Review; Ira C. Rothgerber Moot Court Competitive Team; Honor Council.
Jeffrey M. Lippa is an associate in the Litigation and Real Estate Operations Departments in Greenberg Traurig's Denver office.
Areas of Concentration
· Commercial litigation
· Real estate litigation
· Intellectual property litigation
Professional & Community Involvement
· Member, American Bar Association
· Volunteer, Legal Aid Society of Denver, 1999-2000
Clerkship
· Law Clerk/Summer Associate, Greenberg Traurig, 2004
· Legal Writing Teaching Assistant, University of Colorado, 2003-2004
· Law Clerk/Summer Associate, U.S. Attorney's Office, Denver, CO, 2003
Member: American Bar Association; Legal Aid Society of Denver (Volunteer, 1999-2000).
Practice Areas: Litigation; Real Estate Operations.Email: Jeffrey M. Lippa
Sarah L. Niemiec (Associate) born Dearborn, Michigan, March 3, 1981; admitted to bar, 2006, Colorado; U.S. District Court for the District of Colorado. Education: University of Michigan (B.A., Psychology with a Minor in German, 2001); University of Michigan Law School (J.D., 2005); University of Michigan (M.A., Kinesiology with a Sports Management Concentration, 2005).
Sarah Niemiec focuses her practice on corporate and securities matters, including mergers and acquisitions, SEC and state securities compliance and general corporate and contractual matters.
Areas of Concentration
· Mergers and Acquisitions
· Corporate Securities
· Corporate Governance
· Commercial Real Estate Leasing
Professional & Community Involvement
· Member, Colorado Bar Association
· Member, Denver Bar Association
· Member, National Association of Dealer Counsel
· Member, Homeless, Youth and Children's Programs Review Committee, Volunteers of America
Clerkship
· Law Clerk, Armstrong World Industries, 2005
· Law Clerk/Summer Associate, Lionel Sawyer & Collins, 2004
· Law Clerk, Washtenaw County Office of the Public Defender, 2003
Member: The Colorado Bar Association; Denver Bar Association; National Association of Dealer Counsel.
Practice Areas: Corporate & Securities.Email: Sarah L. Niemiec
Justin J. Prochnow (Associate) born St. Paul, Minnesota, January 9, 1969; admitted to bar, 1994, Colorado; U.S. Court of Appeals, Tenth Circuit; U.S. District Court for the District of Colorado. Education: Tufts University (B.A., International Relations and Political Science, 1991); Arizona State University Sandra Day O'Connor College of Law (J.D., 1994).
Justin J. Prochnow's practice focuses primarily on regulatory and business issues in the food, medical device, drug and cosmetic industries. Justin works with dietary supplement, sports nutrition, beverage, conventional food, cosmetic, medical device and OTC drug companies to ensure regulatory compliance with statutes and regulations enforced by the Food and Drug Administration, the Federal Trade Commission, and other regulatory agencies. Justin prepares a wide range of business documents for industry members, including manufacturing, supply and distribution agreements. Justin also defends companies from both governmental agencies and private litigants with claims ranging from breach of contract and false advertising to RICO and Lanham Act violations.
Prior to joining Greenberg Traurig, Justin served as an Assistant City Attorney in the Denver City Attorney's Office, prosecuting numerous criminal court cases. Justin also was a federal law clerk for United States Magistrate Bruce D. Pringle in Denver, Colorado.
Areas of Concentration
· Reviewing labeling, advertising and marketing materials to ensure compliance with the applicable state and federal statutes and regulations
· Advising companies about the introduction of new products into the U.S. marketplace
· Advising companies regarding contacts with the FDA, including FDA Warning Letters, inspections and investigations
· Assisting companies to cooperate with FDA in implementing voluntary recall procedures
· Facilitating the release of products detained by U.S. Customs and Border Protection and the FDA
· Assisting companies to resolve advertising issues, including investigations initiated by the FTC, NAD, and ERSP
· Defending companies in private actions for statutory violations, including Consumer Protection Act, RICO, and Lanham Act violations, as well as common law claims, including fraud and breach of contract
Professional & Community Involvement
· Member, Colorado Bar Association
· Member, Denver Bar Association
· Member, American Herbal Products Association
· Member, Colorado Model Content Standards Civics Review Subcommittee
· Member, Minoru Yasui Inn of Court
· Director, Skyline Soccer Association Board of Directors
· Volunteer, Junior Achievement
· Volunteer, Skyline Soccer
Awards & Recognition
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine as a Rising Star, 2009
Clerkship
· Law Clerk, for United States Magistrate Judge Bruce D. Pringle in the United States District Court for the District of Colorado
Articles, Publications, & Lectures
· Author, "FDA Intensifies Scrutiny of Internet Claims," Natural Products Insider, July 20, 2009
· Author, "Understanding the Logistics of Recalls (Total Recall)," Natural Products Insider, July 1, 2009
· Speaker, "The Ins and Outs of Labeling Law: Getting Your Product Into the U.S. Market." Expo West, Anaheim, California, March 2009
· Speaker, "Getting Your Product Ready for the Market: The Law of Labeling," Expo West, Anaheim, California, March 2008
· Speaker, "FTC Regulation of Dietary Supplement Advertising and the Effects of Codex Regulations on U.S. Dietary Supplement Laws," Expo West, Anaheim, California, March 2005
Member: The Colorado Bar Association; Denver Bar Association; Minoru Yasui Inn of Court.
Practice Areas: Litigation; Health & FDA Business; Governmental Affairs; Life Sciences; Gaming; Pharmaceutical & Medical Device Litigation; Appellate.Email: Justin J. Prochnow
Beth H. Regas (Associate) born Silver Spring, Maryland; admitted to bar, 1995, Massachusetts and Colorado; 1997, District of Columbia. Education: University of Vermont (B.A., 1987) L'Universite d'Angers, France, 1986; Vermont Law School (J.D., 1994) Environmental Moot Court.
Beth Regas is an associate in the Environmental and Litigation Practice Groups. Her practice focuses on environmental litigation, permitting, compliance counseling and other regulatory matters. Beth has represented companies from the development, retail, waste management, utility, natural gas and mining sectors in a variety of matters involving the major Federal environmental statutes and related state laws. In particular, litigation and negotiations involving allocation of remediation costs among parties, negotiations with EPA, the U.S. Army Corps of Engineers and state environmental agencies to obtain environmental permits, defense of enforcement measures, stakeholder participation in regulatory and administrative proceedings, and counseling on requirements for compliance with state, local and federal environmental laws and regulations.
Areas of Concentration
· Environmental regulation
· Litigation
· Administrative law
Significant Representations
· Represented national waste management company in all aspects of litigation and negotiations involving allocation of landfill remediation costs among parties, negotiations with EPA and state environmental agencies, and counseling on requirements for compliance with state, local and federal environmental laws and regulations.
· Represented bona fide prospective purchaser (BFPP) in federal and state permitting and compliance matters under CERCLA (Brownfields), the Clean Water Act, NEPA, and Endangered Species.
· Represented mining industry client in obtaining Clean Water Act Section 404 permit and compliance with NEPA.
· Prepared comments to EPA on behalf of electric utility industry group concerning proposed regulations promulgated under the visibility protection provisions of the Clean Air Act and to Office of Management and Budget concerning EPA request for information from industry group's members.
*The above matters were handled by Beth prior to her joining Greenberg Traurig.
Professional & Community Involvement
· Member, Rocky Mountain Mineral Law Foundation
Practice Areas: Environmental; Litigation; American Indian Law.Email: Beth H. Regas
Tara L. Sakraida (Associate) born Medford, Oregon; admitted to bar, 2004, Colorado; U.S. District Court for the District of Colorado. Education: Regis College (B.A., Political Science, summa cum laude, 1999) Member of the Parliamentary Debate Team, Novice National Champion, 1999; University of Denver Sturm College of Law (J.D., 2003) Elected President and Vice President of the University of Denver College of Law's Land Use Law Society, 2002-2003; Awarded Top Advocate in Lawyering Process Class for appellate oral argument, 2001.
Tara is a Real Estate Attorney with broad experience in complex transactional and land use litigation matters. She represents land developers of major residential, commercial, and industrial projects in key areas of land use negotiations, zoning, land use litigation, land acquisitions and government entitlement proceedings.
Tara is also experienced in the areas of real estate lending and finance, including representation of national banks and life insurance companies in the negotiation and documentation of various types of financing facilities including complex construction and permanent real estate loans, low-income housing tax credit financing, letter of credit enhanced bond financing, and tax exempt financing for affordable housing projects.
Areas of Concentration
· Real Estate
- Land use and development
- Zoning
- Land use entitlements
- Acquisition, construction and term loan financing
- Tax credit and bond financing
Significant Representations
· Assisted in the negotiation, documentation and closing of over $517 million worth of real estate and commercial loan transactions on behalf of national banks and life insurance companies.
· Assisted as counsel to agent of bank group in connection with a multi-million dollar loan secured by resort hotel and condominium project in Colorado, which included conducting due diligence review of all zoning and development documents and drafting related memorandum to lenders in bank group.
· Assisted as counsel to agent of bank group in connection with a multi-million dollar construction loan secured by a resort condominium hotel, for-sale condominium units, hotel rooms, and commercial/office space located in Colorado, which included drafting loan documentation, reviewing related due diligence, negotiation with borrower's counsel and client interaction.
· Prepared, submitted, and managed entitlement applications for complex rezoning and comprehensive plan amendment on behalf of land developer for 300 acres of prime residential real estate in the Denver metropolitan area.
· Negotiated a land use settlement for landowner of manufactured housing development to receive financial compensation and property development accommodations to mitigate impacts of ultimately approved sand and gravel mine.
· Collaborated with landowners' special district counsel in researching and preparing metropolitan district petitions to provide utility, water and sewer services to 300 acres of proposed residential real estate.
· Assisted in review of title reports, surveys, development documents and other due diligence review for acquisitions of residential real estate by developer-clients.
· Represented landowner-clients at Planning Commission and Board of County Commissioners' public hearings for zoning and subdivision approvals in Colorado.
· Attended meetings with city and county planning staffs and public officials regarding entitlement applications in Colorado.
Professional & Community Involvement
· Member, Denver Metro Chamber Foundation, 2008 Chamber 100 Program
· Member, Commercial Real Estate Women (CREW)
· Member, National Association of Industrial and Office Properties (NAIOP)
· Member, Denver Bar Association
· Member, Colorado Bar Association, Real Estate Section
· Member, American Bar Association
Member: Denver Bar Association; The Colorado Bar Association (Member, Real Estate Section); American Bar Association.
Practice Areas: Real Estate.Email: Tara L. Sakraida
Amber Jene Sayle (Associate) admitted to bar, 2000, California; 2001, Wisconsin; 2007, Colorado; U.S. Court of Appeals, Tenth Circuit Court of Appeals; U.S. District Court for the District of Colorado; U.S. Court of Appeals, Ninth Circuit Court of Appeals; U.S. District Court for the Central District of California; U.S. District Court for the Eastern District of California. Education: University of South Dakota (B.A., 1997); University of Wisconsin Law School (J.D., cum laude, 2000) Managing Editor, Wisconsin International Law Journal; Member, Wisconsin Women's Law Journal; Moot court board, first place team in Chicago bar moot court competition; Legal research & writing teaching assistant; CALI Excellence For The Future Award (top score in Criminal Law and Criminal Procedure).
Amber J. Sayle focuses her practice on a range of complex litigation matters. Her experience encompasses litigation involving employment issues, defense of numerous nationwide class actions, trademark opposition and cancellation proceedings, trademark and copyright infringement, and real estate and contract disputes.
Areas of Concentration
· Employment law
· Class action defense
· Commercial & real estate litigation
· Copyright & patent
Significant Representations
· Represented private and public entities in connection with litigation and counseling with respect to employment matters arising under Title VII, FMLA, ADA, and state wage and hour and anti-discrimination statutes.
· Member of a team for a leading international real estate brokerage company in the handling of the company's trademark infringement actions, trademark dilution actions, and trademark opposition and cancellation proceedings.
· Assisted in the defense of a former high-ranking Enron executive in his white-collar criminal trial and in numerous civil proceedings. Amber's work, as the trial and courtroom logistics manager for the team, was featured in the Houston Chronicle and The Wall Street Journal. She was deeply involved with pre-trial discovery and motion practice. She also assisted on all aspects of the trial, from argument to witness preparation to witness examination.
· Member of trial team for a Fortune 500 international entertainment and media company in the longest running dispute in Los Angeles County, arising out of the company's licensing and merchandising rights of a well-known cartoon character. Amber developed and briefed complex legal arguments, including one that helped secure a judgment of dismissal following a trial of a motion for terminating sanctions.
· Assisted in the defense of a global media and technology company in a multi-pronged patent infringement suit regarding the way in which television scheduling information and programs are delivered to a viewer, manipulated by the viewer, and watched on the screen.
· Member of a team for a leading global media and technology company in a multi-pronged patent infringement suit regarding the way in which television scheduling information and programs are delivered to a viewer, manipulated by the viewer, and watched on the screen.
· Defended on appeal a judgment of dismissal against an individual alleging antitrust price-fixing claims by a Fortune 500 entertainment company.
· Handled a number of smaller matters, ranging from mediations, to plaintiffs' cases, to malpractice suits.
Articles, Publications, & Lectures
Articles
· Author, Net Nation and the Digital Revolution: Regulation of Offensive Material for a New Community, 18 Wis. Int'l L. J. 257, 2000
Practice Areas: Litigation.Email: Amber Jene Sayle
Alyson A. Smith (Associate) admitted to bar, 2008, Colorado. Education: Georgetown University (B.S., 2002) Division I Women's Soccer; Big East Academic All Star; University of Denver Sturm College of Law (J.D., 2008) Order of St. Ives; Scholastic Excellence Award, Basic Real Estate; Denver University Law Review, 2006-2008.
Alyson is an associate in the real estate and litigation groups. Her experience includes real estate transactions and litigation, complex commercial litigation and litigation involving employment issues.
Areas of Concentration
· Real estate transactions
· Real estate litigation
· Commercial litigation
· Employment litigation
Clerkship
· Summer Associate, Greenberg Traurig, 2007
· Law Clerk, United States Attorney's Office, District of Colorado, 2006
Practice Areas: Real Estate.Email: Alyson A. Smith
Gregory R. Tan (Associate) admitted to bar, 1998, Georgia; 2007, Colorado; U.S. District Court for the District of Colorado; U.S. District Court for the Northern District of Georgia. Education: University of California at San Diego (B.A., Urban Studies & Planning, 1992); Georgia Institute of Technology (M.C.P., Master of City Planning, 1995); Vermont Law School (J.D., 1998) Personal Note Editor, Vermont Law Review; Member, Vermont Law Review; Vermont Law School Academic Excellence Award for highest achievement in Constitutional Law; Honorable Mention Award, 1997 R. Marlin Smith Student Writing Competition sponsored by American Planning Association.
Gregory R. Tan is an associate in Greenberg Traurig's Environmental and Litigation Practice Groups. His practice focuses on environmental litigation and compliance counseling. Prior to joining Greenberg Traurig, Greg spent eight years as an Associate Regional Counsel in the U.S. Environmental Protection Agency's Southeast Regional Office. While with the EPA, Greg served both in the Office of CERCLA and the Office of Air, Toxics and General Law. Greg was the lead regional attorney in negotiating settlements of Superfund cost recovery matters and negotiating administrative orders for Superfund investigations and cleanups. Greg also served as lead regional attorney in several single- and multi-media regulatory enforcement matters involving the Clean Air Act (CAA), the Clean Water Act (CWA), the Resource Conservation and Recovery Act (RCRA) and the Emergency Planning and Community Right-to-Know Act (EPCRA). In addition to his enforcement work, Greg also counseled the regional air program on matters related to title V permitting, NAAQS designations, and defensive litigation.
Greg has earned numerous awards from the Department of Justice and EPA for his performance on important CWA, CAA, CERCLA and other enforcement matters.
Areas of Concentration
· Environmental
· Land Use
· Litigation
· Administrative Law
Professional & Community Involvement
· Member, Rocky Mountain Mineral Law Foundation
Awards & Recognition
· Two U.S. Department of Justice Certificates of Commendation for outstanding performance and invaluable assistance in support of DOJ's Environment and Natural Resources Division on major CWA and CAA judicial settlements
· EPA national awards, including two gold medals, a silver medal and two bronze medals for his contribution to enforcement matters
Articles, Publications, & Lectures
Articles
· Author, Wading Through the Rhetoric of the Telecommunications Act of 1996: Uncertainty of Local Zoning Authority Over Wireless Telecommunications Tower Siting, 22 Vt. L. Rev. 461 (1997)
Practice Areas: Litigation; Environmental; American Indian Law.Email: Gregory R. Tan
Andrew C. Testerman (Associate) admitted to bar, 2001, Colorado. Education: Mesa State College (B.S., Public Accounting, 1994); University of Denver Sturm College of Law (J.D., 2000) Denver University Law Review, Board of Editors, 1998 - 2000.
Andrew Testerman focuses his practice on representing corporate or other entities in mergers and acquisitions. A portion of Drew's practice is with retail automobile dealers in the acquisition or disposition of business operations, including manufacturer matters and dealer licensing. He also works with automobile dealers in all aspects of operations including real estate, finance and day to day matters. As part of his corporate practice, he represents various clients involved with commercial real estate and related financing matters.
Areas of Concentration
· Corporate
· Real Estate
· Automobile dealerships
· Mergers, acquisitions and divestitures
· Commercial and retail leasing
Significant Representations
· Worked with major automobile manufacturer in connection with financing/development program relating to the acquisition and disposition of single and multiple line automobile dealerships over a several year period. This representation involved real property acquisitions and leasing issues.
· Worked with a major automobile manufacturer to restructure and maintain its dealership network.
*The above matters were handled by Andrew prior to his joining Greenberg Traurig.
Professional & Community Involvement
· Member, Board of Directors, Colorado Council for Economic Education
· Member, American Bar Association
· Member, Colorado Bar Association
· Member, Denver Bar Association
Articles, Publications, & Lectures
· Author, "The Supreme Court Applies 'Corrective' and 'Mitigating' Common Sense to the ADA," 77 Denv.U.L.Rev., 165-195 (1999)
Member: American Bar Association; The Colorado Bar Association; Denver Bar Association.
Practice Areas: Corporate & Securities; Real Estate.Email: Andrew C. Testerman
Lucky Vidmar (Associate) born Pula, Croatia, January 4, 1972; admitted to bar, 2003, Colorado; 2004, Virginia and District of Columbia; 2006, California. Education: University of Colorado at Boulder (B.S., Computer Science, 1994); University of Colorado at Boulder (M.S., Computer Science, 1997); University of Denver Sturm College of Law (J.D., 2003) Graduated first in class; Order of St. Ives; Academic Achievement Awards for Contracts, Evidence, Comparative Environmental Law, and International Business Transactions, 2000 - 2003; Denver Journal of International Law and Policy; Peter Holme Barristers Appellate Advocacy Moot Court Winner, 2002; Jessup International Moot Court Regional Champion, 2001, 2003; Leonard v. B. Sutton Award for outstanding paper in international law, 2002; University of Denver College of Law Commencement Speaker, 2003.
Lucky Vidmar focuses his practice on serving high-tech companies in all aspects of their patent, copyright and trademark litigation and licensing needs, especially in the fields of computer software and hardware. In his undergraduate and graduate studies in computer science, Lucky gained experience in software design, control systems and neural networks. In addition to his academic background in computer science, Lucky's clients benefit from his nearly ten years of real-world industry experience as a software engineer. Since becoming an attorney in 2003, Lucky has represented clients in a range of matters including infringement of computer software and hardware patents, infringement of copyrights on software, breach of software development agreements, trademark infringement and opposition proceedings, as well as defending against one of the first claims of copyright infringement based on the alleged violation of an Open Source Software license. In addition to his litigation experience, Lucky has also advised clients on sophisticated software copyright and licensing issues, such as copyright protection in government contracts, the applicability of the work-for-hire doctrine in particular atypical situations, as well as various aspects of Open Source Software licensing.
Areas of Concentration
· Intellectual property litigation
· Antitrust litigation
· International commercial disputes
Professional & Community Involvement
· Vice-Chair, International Law Section of the Colorado Bar Association, 2008-2009
· Member, Colorado Bar Association
· Member, Denver Bar Association
· Coach, University of Denver Vis International Arbitration Moot Court Team, 2005-2008
· Coach, University of Denver Giles Rich International Property Law Moot Court Team, 2008-2009
· Member, Alliance Francaise de Denver
· Member, Institute of International Education
Awards & Recognition
· Selected by Super Lawyers magazine and Colorado Super Lawyers magazine as a Rising Star, 2009
Articles, Publications, & Lectures
· Author, "Admissibility of Rebuttal Evidence Against a non-Testifying Criminal Defendant," The Colorado Lawyer vol. 34, No. 9, 2005
· Author, "The Alien Tort Statute: Analysis of Sosa v. Alvarez-Machain," The Colorado Lawyer vol. 33, No. 11, 2004
· Author, "Compulsory Inter-State Arbitration of Territorial Disputes," 31 Den. J. Int'l L. & Pol'y 101, 2001
· Author, "The Neural Network House: An Overview," In L. Niklasson & M. Boden (Eds.), Current trends in connectionism, Hillsdale, NJ: Erlbaum, 1995
· Author, "Integration of Seismic Monitoring Systems for Improved Earthquake Notification, Response, and Mitigation," presented at the 96th Meeting of the Seismological Society of America, April 17-21, 2001, San Francisco, California
· Author, "The Neurothermostat: Predictive Optimal Control of Residential Heating Systems," NIPS '95 Conference, December 3-5, 1995, Denver, Colorado
· Author, "A Connectionist Model of Attention in Melody Perception," the Society for Music Perception and Cognition Conference '95, June 22-25, 1995, Berkeley, California
Member: The Colorado Bar Association (Vice-Chair, International Law Section, 2008-2009); Denver Bar Association.
Languages: French; Italian; Croatian; Slovenian. Practice Areas: Intellectual Property Litigation; Intellectual Property & Technology.Email: Lucky Vidmar