Kevin McAdam

Client Results

• Defended investment advisory firm and individual investment advisors in breach of fiduciary duty matter which, after week-long arbitration hearing, ended in complete defense victory and order that plaintiff pay all defense costs and attorney fees.

• Litigated $200 million fraud case on behalf of mining client defendant to successful resolution in which plaintiffs consented to judgment entering against them.

• As plaintiff’s counsel, obtained TRO in trade secrets/covenant-not-to-compete case, which led to favorable settlement.

• As defense counsel, defeated motion for TRO in trade secrets/covenant-not-to-compete case, in which plaintiff then voluntarily dismissed the action and entered into settlement when served with motion for sanctions.

• On behalf of controlling owners, successfully defended derivative action in business divorce case, then sued minority owner on behalf of company, obtained preliminary injunction, and entered into favorable settlement. 

• In adversary proceeding in bankruptcy court, on behalf of Colorado-based investment company that owned a multi-million-dollar loan, on which the debtor had successfully evaded liability for a decade, litigated the case to favorable settlement within one year of being hired as counsel.

• Obtained voluntary dismissal of replevin action within one hour of filing motion to dismiss on behalf of national financial services client.

• Achieved complete dismissal of breach of contract action for lack of jurisdiction on behalf of individual client in stock sale case.

• Successfully represented financial regulatory body in over 600 broker-dealer expungement matters.

• Successfully defended target of SEC insider trading investigation, resulting in SEC declining to pursue enforcement action.

• Obtained complete dismissal on behalf of individual client in LLC derivative action.

• Successfully defended individual clients against five dispositive motions and argued jury instructions during final trial preparation conference, after which case settled favorably.

• Conducted voluntary internal investigation of securities fraud allegations for national financial services client that succeeded in avoiding charges by the SEC.

• On behalf of Fortune 500 company faced with defending parallel state court shareholder derivative action, removed action to federal court, defeated remand motion, and consolidated action with others in federal court, saving client significant expense and establishing new Tenth Circuit law regarding "forum defendant" rule.

• In $10 million shareholder derivative action before American Arbitration Association's International Centre for Dispute Resolution, briefed, argued, and successfully defeated motion to dismiss on behalf of international mining client that subsequently obtained 100% of relief sought at arbitration.

• In three-year federal court confirmation matter, successfully defended arbitration award entered in favor of international mining client.

• On behalf of property management company landlord, achieved 100% of relief sought against tenant and personal guarantor in breach of lease action.

• On behalf of national restaurant client and commercial lease tenant, negotiated favorable settlement after serving landlord with action for declaratory judgment and breach of lease.

• Successfully defended personal guarantors of lease to distillery space, asserted counterclaims and crossclaims, and negotiated favorable settlement.

• In action to quiet title to commercial property, obtained summary judgment for individual plaintiff, then obtained summary judgment again in follow-on foreclosure action.