Experience
Defeated TRO for University Client
Representing a university client, defeated a temporary restraining order filed by students challenging the university’s grading requirements and graduation decision.
Reduced Accrediting Body Show Cause Order to Warning for University
Representing a university, reduced a show cause order issued by an accrediting body to a warning through two successive appeals and two in-person presentations made to the accrediting body’s appeal board.
Defeated TRO, Secured Dismissal of Claims Against Insurance Broker by Competitor
Representing an insurance broker, defeated a temporary restraining order directed at the client by a competing insurance broker, and later obtained dismissal of the complaint filed by the competitor alleging our client had misappropriated trade secrets and tortiously interfered with a contract.
$2.9 Million Arbitration Outcome for Client
Secured favorable outcome in arbitration for client in a claim by an insurance producer who claimed he owned his book of business and was entitled to more than $2 million following a sale of the company he worked for. Following a two-day arbitration, the arbitrator found for our client and awarded $770,000 in damages, attorney’s fees and $2.2 million in punitive damages after it was proved the claimant lied in his discovery responses and at deposition.
Multimillion-Dollar Litigation Victory in Disputed Business Acquisition
Represented animal product manufacturer in investigation of regulatory defects in business acquired by client and litigation for breaches of acquisition agreement. Successfully prosecuted federal court litigation alleging more than $7 million in damages, resulting in highly favorable settlement for client.
Defeat of Preliminary Injunction Action Against Insurance Broker, Employees
Represented a specialty insurance broker and several employees in a federal court lawsuit brought by the employees’ former employer. Defeated a preliminary injunction action brought by the former employer after a four-day evidentiary hearing.
Defense Verdict for Wireless Carrier
Obtained a defense verdict in a bench trial for a major wireless telecommunications carrier after a landlord sought to evict the wireless carrier from its premises and force the removal of a tower.
$30 Million Private Equity Financing and Formation of Specialty Brokerage
Advised a national independent enterprise risk management agency on completion of $30 million in private equity financing. In connection with the financing, advised client on formation and capitalization of a specialty brokerage and investment banking platform offering insurance solutions to public and private companies and private equity sponsors.
Sale of Assets of For-Profit Colleges
Served as sellers’ counsel in sale of substantially all of the assets of a for profit college, including counsel on regulatory and accreditation requirements and compliance.
Favorable Resolution in Consumer Protection Lawsuit Seeking Multimillion-Dollar Damages
Obtained favorable resolution of a broad-ranging Illinois Consumer Protection Act lawsuit seeking tens of millions of dollars in damages filed by the Illinois Attorney General against a multi-campus private school.
Dismissal of Fraud, MMPA Case Against College Owner
Secured dismissal of a case against the owner of a career training college after the college closed abruptly. The plaintiffs filed suit for fraud and violations of the Missouri Merchandising Practices Act alleging the college and its advertisements knowingly made false representations of student outcomes. After obtaining depositions from the two plaintiffs where they admitted they had no contact with the client, we also obtained sworn affidavits from former employees saying the client had no part in the day-to-day operations of the college or the drafting of its advertisements. The plaintiffs were unable to find witnesses to say otherwise and voluntarily dismissed the case.
Reduced Financial Aid Liability for University
Represented a private university in the appeal of a United States Department of Education program review. The school had been ordered to refund over $500,000 due to problems found by the Department of Education in how the university verified student income and eligibility for financial aid. We drafted an appeal requesting that the department reduce the refund liability by $133,000 and grant the university an administrative hearing. The department accepted the appeal without hearing and agreed to the reduction in liability.
Favorable Settlement and Dispute Resolution for Hospitality Industry Client
Successfully prosecuted claim for declaratory relief in U.S. District Court for the District of Colorado on behalf of business owner regarding a multimillion-dollar loan contract, resulting in favorable settlement for client and resolution of disputed loan terms.
Regulatory Counsel for Animal Feed, Nutrition Product Manufacturer
Provided counsel to a manufacturer of animal feed and other health and nutrition products regarding label compliance and regulation domestically and abroad.
Represented Marijuana Business Owner in Dispute
Represented an officer and owner of several marijuana cultivation and dispensary businesses in successfully resolving a wide-ranging business dispute with the co-owners, negotiating favorable buy-out terms for the client’s ownership interests in the companies.
Successfully Resolved Federal Suit for B-to-B Wholesale Client
Successfully resolved through mediation a federal court lawsuit involving our client, a B-to-B wholesale website in the hemp products industry. The plaintiff alleged trademark infringement, breach of contract, breach of the implied covenant of good faith and fair dealing, tortious interference with a contractual relationship, civil conspiracy and false advertising. We brought counterclaims on behalf of the client that resulted in the successful invalidation of the plaintiffs’ trademarks.
Restructuring of Multi-State, For-Profit College
Served as counsel to a multi-state, for-profit college in its restructuring and ultimate closure.
Trial Counsel in $240 Million Suit for College Brought By Colorado Attorney General
Lead counsel in a four-week trial against consumer protection and lending claims where the Colorado Attorney General sought $240 million. The decision limited the state’s relief to $3 million, which was later reversed and remanded by the Court of Appeals.
Successful Representation of Marijuana Law Client in Administrative Proceeding in Colorado
Successfully represented a client with a retail cultivation license in an administrative proceeding brought by the Colorado Attorney General’s Office and the Marijuana Enforcement Division. The client had been under a Summary Suspension and Rule to Show Cause Order for three months and was a few weeks from being evicted from his facility. We quickly secured a meeting with the government representatives and negotiate a resolution of the Show Cause that included no fine and minimal absence from the industry, which was the client’s primary objective.
Defense in Deceptive Marketing Campaign for Private School
Represented a private school in allegations brought by the Illinois attorney general claiming that their internet marketing campaign is inherently deceptive because of the search terms it bid on in its Google AdWords® account. Filed motions for summary judgment and obtained key concessions in depositions that negated the state’s theory.
Defense Verdict for University System in Four-Day Wage and Hour Trial
Secured a defense verdict for a for-profit university system in a four-day trial on a wage and hour claim under the Fair Labor Standards Act in U.S. District Court for the District of Colorado.
Resolution for College in Consumer Protection Litigation
Represented client college in a consumer protection investigation and subsequent litigation brought by the Illinois attorney general. Following negotiations, the matter was resolved on favorable terms.
Reversed Trial Court Decision on Appeal for For-Profit College
Represented for-profit college system in a wide-ranging consumer protection investigation brought by the Colorado Attorney General. Convinced the Colorado Court of Appeals to reverse a trial court decision that would have prevented the college from disclosing graduate employment statistics in accordance with accreditation standards. This ensured the college could present data on par with other colleges and universities.
Summary Judgment for University in Mass Arbitration
Won summary judgment in favor of a private university in a mass arbitration brought by students claiming that the school had defrauded them into enrolling and withholding material information about the value of degrees awarded by the university.
