In re Pace Membership Warehouse Sec. Litig. (D. Colo.): Defense of the company and its officers and inside directors in this federal and state securities fraud litigation.
In re The North Face Sec. Litig. (State court.): Defended The North Face Inc. in securities class actions.
In re FirstWorld Communications Sec. Litig. (D. Colo.): Defended FirstWorld (Verado) and its officers and directors in securities class actions.
In re Einstein/Noah Bagel Corp. Sec. Lit. (D. Colo.): Defended issuer and its officers and directors in consolidated securities class action.
In re First Data Corp. Shareholder Litigation (Colo. State Court): Represented First Data Corp. and its directors and officers in private equity litigation.
Maierhofer, et al. v. Meredith Corporation, et al. (State court): Defended The Meredith Corporation and Meredith Real Estate Corporation in Section 10(b) and Section 12(2) class action litigation. Defeated class certification. Summary judgment granted for defense.
Stichting Pensioenfonds ABP v. Qwest Communications International, Inc., et al. (D. Colo.): Defense of Citigroup Capital Holdings f/k/a/ Salomon Smith Barney Holdings and Jack Grubman in opt-out case involving analyst coverage of Qwest securities.
Tuchman v. Pell Rudman, et al. (D. Colo.): Defended Pell Rudman and parent AMVESCAP PLC in securities action filed by private wealth management client.
Sterling, et al. v. Cray Computer Corporation, et al. (D. Colo.): Defense of issuer and the two individual defendants named in Section 10(b) class action litigation. Also represented the company and its individual officers in a related SEC investigation. The SEC brought no action and the matter was closed.
Represented entities, officers, and directors in non-public SEC investigations involving Ponzi schemes, the sale of annuities, insider trading, supervision, fraud, and market timing in mutual funds.
Represented major national brokerage firms throughout the Mountain West in connection with customer and broker arbitrations and matters before state regulators and FINRA.
Hooking Family Trust LLC, et al., v. Mathew Frary, Fla. Cir. Ct. (2010). Represented majority shareholders of an internet LLC claiming waste, fraud, and breach of fiduciary duty.
Burke v. HEALTHSOUTH, et al. (D. Colo.): Defense of HEALTHSOUTH Corporation in opt-out action alleging federal and state securities law claims.
Cannon v. Citigroup Global Markets Inc., et al. (D. Colo.): Defended Lehman Brothers in securities class action.
Amy J. Straily v. UBS Financial Services, Inc., 07-cv-00884-REB-KMT (D. Colo. Mar. 24, 2009). Defeated breach of fiduciary duty claims on summary judgment brought by purported nationwide class action of customers of major national brokerage firm relating to its bank sweep program.
Abram and Eaton Vance High Yield Municipal Bond Fund v. Southeastern Municipal Bonds, Inc., et al. (D. Colo.): Represented Eaton Vance as an individual plaintiff and subsequently as the largest class member in this action brought under Section 10(b) and Section 12(2).
All Copy v. Citicorp Vendor Finance (Colo. State Court): Defeated class certification in CCPA litigation.
Chess v. Goldstein et al. (State court): Defended officers and directors of Scotts’ Liquid Gold-Inc. in a shareholder derivative action.
Haegle v. Scott, et al. (State court): Defense of shareholder derivative litigation on behalf of the Level 3 board of directors.
Hilgen v. Woodbury Financial Services, Inc. (State court): Defeated claims for CCPA violations in action relating to variable annuities.
Defended purported securities class actions brought against Ciber, Inc.; Zynex Inc.; First World Communications Inc.; Level 3; The North Face; Einstein/Noah Bagel, Inc.; Pace Membership Warehouse, Inc.; Scott’s Liquid Gold, Inc.; and The Cray Corporation.
CONVERDYN, Plaintiff, v. James Neal BLUE, Heathgate Resources PTY Ltd, General Atomic Technologies Corporation, and Nuclear Fuels Corporation, Defendants. (D. Colo.) Defended uranium producer in $60 million RICO and breach of contract claim brought by large corporate purchaser of uranium.
Defeated shareholder suits in Delaware and California seeking preliminary injunctions to block client's takeover of Nevada corporation.