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Marcy Glenn
Marcy G. Glenn
Partner
mglenn@hollandhart.com
Denver Office
555 Seventeenth Street
Suite 3200
Denver, CO 80202-3979
Phone: 303-295-8320
Fax: 303-975-5475

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PRACTICE AREAS

Employee Benefits Litigation
Appellate

EXPERIENCE

Ms. Glenn is the immediate past chair of Holland & Hart's Appellate Practice Group. Her practice encompasses predominately appellate work in Colorado and federal courts. She has participated in appeals before the United States Supreme Court, the District of Columbia, Fifth, Eighth, Ninth, and Tenth Circuit Courts of Appeals, and the courts of California, Colorado, South Dakota, and Wyoming. She also advises individuals, law firms and other entities on legal ethics.

Ms. Glenn's practice includes a variety of substantive areas including legal ethics, product liability, medical malpractice, civil rights, other constitutional issues, employment law, environmental law, attorneys' fees, insurance coverage issues, public utilities law, and sundry commercial law issues. From 1993 through 2001, she served as chair of Holland & Hart's Ethics and Conflicts Committee, and she currently serves as a member of that committee. She currently serves as a member of the firm's Associates Committee.

Ms. Glenn has been regularly selected for inclusion in the most recent editions of Who's Who in American Law and The Best Lawyers in America. She speaks and writes regularly on the subjects of appellate litigation and legal ethics. She was also selected for inclusion in 2010 Colorado Super Lawyers for Appellate.

Prior to joining Holland & Hart in 1983, Ms. Glenn clerked for United States District Court Judge Richard P. Matsch.

PROFESSIONAL ACTIVITIES

Member, Board of Directors, Dartmouth Association of the Rocky Mountains (2007-present)

Chair, Colorado Supreme Court Standing Committee on Rules of Professional Conduct (2003-present)

Member, Committee on Conduct, United States District Court for the District of Colorado (2001-2007), Chair (2003-2007)

Reporter for American Bar Association Litigation Sections Task Force on the Independent Lawyer (1997-2001)

Member, Colorado Bar Association Board of Governors (2005-2007)

Member, Colorado Bar Association Ethics Committee (1993-present), Chair (1999-2000)

Member, Colorado Bar Association Litigation Section Appellate Practice Subcommittee (1995-present)

Member, Colorado Bar Association Ad Hoc Committee on Proposed Federal Court Ethics Rules (1999-2000)

Member, Colorado Bar Association/Denver Bar Association Joint Task Force on Multidisciplinary Practice (1999-present)

Coach, Kent Denver School Mock Trial Team (2001-2002)

Member, Colorado Supreme Court Advisory Committee, Subcommittee on Rules of Professional Conduct (1999-2000)

Member, Legal Panel, American Civil Liberties Union of Colorado (1997-2003), Chair (1999-2001)

Member, Attorney Discipline Hearing Board, Colorado Supreme Court (1998-2000)

REPRESENTATIVE APPEALS

Haynes Trane Serv. Agency, Inc. v. Am. Standard, Inc. (10th Cir. 2009). In this commercial dispute, the Tenth Circuit reversed an approximately $4.7 million judgment against one of our clients and remanded for a new trial.

Miller v. EnCana Oil & Gas (USA) Inc. (Colo. App. 2009). The court upheld a multi-million dollar class settlement in an oil and gas underpaid royalties case, rejecting a challenge by an unhappy class member.

In re J.N. H. (Colo. App. 2009). This pro bono appeal for our adult adoptee client led to a decision giving all persons adopted in Colorado between 1951 and 1967 full access to all court records and other papers related to their adoptions.

Grynberg v. Shell Exploration B.V. (10th Cir. 2008). Rejecting the plaintiffs' claimed multi-billion dollar interest in the Kasaghan oil field in the Caspian Sea, developed in part by our oil company client, the Tenth Circuit affirmed the entry of summary judgment for our client on statute of limitations grounds.

BP Am. Prod. Co. v. Patterson (Colo. 2008). In a decision that will significantly limit oil and gas royalty owners' rights, the Colorado Supreme Court, reversing the lower appellate court, held that the putative class's claim for allegedly underpaid natural gas royalty accrued on the date of the alleged breach of contract, not on the date of discovery of the alleged breach.

Jewell v. Life Ins. Co. of N. Am.(10th Cir. 2007), cert. denied (2008). The court reversed the entry of judgment for the claimant in this ERISA case, holding that the district court improperly considered evidence outside the plan administrator's record. The court expanded upon its administrator-favorable holdings in Hall v. UNUM Life Ins. Co. of Am., summarized below.

DeGrado v. Jefferson Pilot Fin. In. Co. (10th Cir. 2006). The Tenth Circuit reversed the entry of summary judgment for the claimant in this ERISA case and remanded to allow our client, the plan administrator, to reconsider the claim and make additional fact findings.

Elliott Indus. Limited Partnership v. Conoco Inc. (10th Cir. 2005). The Tenth Circuit affirmed the district court's dismissal of all claims in this natural gas royalty class action against our energy company clients. The court also reversed the district court's order certifying a statewide class of plaintiffs.

Washington County Bd. of Equalization v. Petron Dev. Co. (Colo. 2005). In a decision of importance to all Colorado oil and gas producers, the Colorado Supreme Court held that taxpayers may deduct post-wellhead production costs in valuing oil and gas leaseholds for state property tax assessments.

Great Basin Mine Watch v. EPA (9th Cir. 2005). The Ninth Circuit held that EPA did not act arbitrarily or capriciously in allowing the State of Nevada to redesignate one of its clean air areas into two areas under the Clean Air Act, a ruling that will allow our mining company client to operate under less restrictive national air quality standards.

PacificCorp v. Public Serv. Comm'n of Wyo. (Wyo. 2004). The Wyoming Supreme Court accepted in full the position of our clients, a group of industrial electric power consumers, and affirmed a Public Service Commission decision that rejected a utility's requested rate increase of over $91 million.

Creative Computing v. Getloaded.com LLC (9th Cir. 2004). Accepting our construction of damages provisions in the federal Computer Fraud and Abuse Act, and rejecting all of the defendant's sundry additional arguments, the Ninth Circuit affirmed a jury verdict in favor of our client.

Davis Mountains Trans Pecos Heritage Ass'n v. FAA (5th Cir. 2004). Bucking the tide of routine rejection of claims under the National Environmental Policy Act, the Fifth Circuit held inadequate the Air Force's and FAA's environmental impact statement for the Realistic Bomber Training Initiative in West Texas.

Hoffman v. Brookfield Republic, Inc. (Colo. 2004). The Colorado Supreme Court exercised its original jurisdiction to reverse the trial court's order requiring our client to produce sensitive medical records.

Reno-Sparks Indian Tribe v. EPA (9th Cir. 2003). Accepting the arguments of our mining company client, an intervenor in this administrative appeal, the Ninth Circuit upheld EPA's issuance of a clarifying rule under the Clean Air Act.

Kidneigh v. UNUM Life Ins. Co. of Am. (10th Cir. 2003), cert. denied (2004). The Tenth Circuit held that ERISA preempts claims for bad faith breach of an insurance contract under Colorado law.

Coplan v. Hobbs (Colo. 2003). In an original proceeding, the Colorado Supreme Court accepted in full our arguments that the state Title Board properly fixed a title for our client's initiative to amend the Colorado Constitution.

Beavers v. Archstone Communities Limited Partnership II (Colo. 2003). Reinstating the jury verdict in our client's favor, the Colorado Supreme Court exercised its original jurisdiction to reverse the trial court's order granting a new trial.

Hall v. UNUM Life Ins. Co. of Am. (10th Cir. 2002). In appeals from denials of benefits under ERISA, the Tenth Circuit narrowed the circumstances when district courts may admit evidence beyond that considered by the plan administrator.

Moffett v. Halliburton Energy Servs., Inc. (10th Cir. 2002). The Tenth Circuit held that ERISA preempts claims for bad faith breach of an insurance contract under Wyoming law.

Alaska Dep't of Envtl. Conservation v. EPA (9th Cir. 2001). The Ninth Circuit rejected EPA's jurisdictional arguments and permitted our client's appeal of EPA enforcement orders to proceed to a decision on the merits. (Ultimately, the Ninth Circuit ruled against our client on the merits. The Supreme Court granted certiorari review, but affirmed in a 5-4 decision.)

Ms. Glenn has prepared amicus curiae briefs for various governmental and private parties in cases pending in sundry state and federal appellate courts, including the United States Supreme Court.

EDUCATION

Northeastern University School of Law J.D. 1981

Dartmouth College B.A. 1977
- cum laude