Holly has more than 35 years experience serving on the AAA's Large Complex Commercial Panel, Securities Panel and M&A Panel. Holly is also a member of the International Center for Dispute Resolution Arbitration Panel. She has handled hundreds of arbitrations as chair, sole arbitrator and as wing in a wide variety of industries and subject matters. Holly is experienced handling dispositive motions, discovery disputes, expedited and emergency remedies, reasoned awards and findings of fact and conclusions of law.
As an arbitrator, Holly’s cases have included all aspects of business disputes, including breach of contract, lender liability, franchise agreements, vacation rentals, insurance coverage, fraud, negligence, indemnification of directors and officers, professional liability, consumer fraud, receiverships, Ponzi schemes, cryptocurrencies, and regulated sectors, such as financial services, banking and healthcare. She has presided over employment cases involving termination of employment, breach of confidentiality and non-compete agreements, trade secrets, injunctions, executive compensation, and earn-out agreements.
Holly’s national trial practice has focused on complex commercial litigation, in state and federal courts, including class actions. She is well-versed in claims alleging breach of fiduciary duty, corporate governance, breach of contract, fraud, RICO, violation of the Telephone Consumer Protection Act, violation of the Truth In Lending Act, insurance, consumer protection, business divorce, partnership and limited liability company disputes, licensing, international franchise agreements, cannabis operations, biotech, covenants not to compete, employment, lender liability, Fair Credit Reporting Act, cybersecurity, earn-out agreements, merger & acquisition disputes, and ERISA fee litigation.
Stakeholder Disputes/Securities and Capital Markets Litigation
Holly learned the business of the securities industry first hand as a lawyer at the American Stock Exchange, Inc. in New York. After returning to private practice in Colorado, her clients included public companies and their directors and officers facing securities claims from both private investors and the government. She has handled securities cases for most of her career earning the respect of both judges and adversaries, whether in the courtroom or an arbitration setting. Financial services firms hire Holly to represent them in arbitrations around the country, confident in her knowledge of the complex industry issues present in such cases.
White Collar and SEC Enforcement
For decades, Holly has advised companies and individuals with respect to government investigations before the SEC, PCAOB, FINRA, and state officials involving allegations of securities, wire, and mail fraud, insider trading, accounting and auditing issues, Ponzi schemes, investment advisor concerns, misappropriation, and other alleged violations. Holly often represents independent financial advisers, accountants, executives, employees and companies facing regulatory investigations and enforcement actions.
As a trial lawyer, Holly has acted as counsel to US-based corporations in international disputes including enforceability of foreign judgments, controversies over non-payment of VAT tax and disputes with foreign companies involving termination of software agreements. Holly has also acted as co-counsel with foreign law firms in arbitrations involving termination of franchise agreements, and breach of technology contracts.