Litigation

Brownstein Hyatt Farber Schreck’s attorneys litigate and try cases before federal and state courts at both the trial and appellate levels, government agencies and arbitration tribunals throughout the country. We are trial lawyers skilled in efficiently and effectively accomplishing our clients’ objectives both in and out of the courtroom. We believe your goals are best attained through preparing with an expectation of trying and winning the case. Often, this approach enables our clients to succeed without a trial, but when a case is tried, we are known for our ability—and results—in court. We also represent clients’ interests outside the courtroom in pre-litigation dispute resolution, advising on transactions and regulatory and administrative law issues.

We are more than 65 trial lawyers aligned behind one goal – to represent and defend your best interests. Our litigation team has specific experience in commercial litigation, antitrust, securities, intellectual property including patent litigation, environmental, water, land use, real estate, construction, telecommunications, bankruptcy, products liability and gaming, among other practice areas. Through the use of cost-saving technology, a national presence and established relationships, our offices offer a national capability to handle a full range of litigation needs.

Contacts
Richard B. Benenson 303.223.1203 rbenenson@bhfs.com
Eric R. Burris 505.724.9563 eburris@bhfs.com
Recognition

Chambers USA, 2017

Colorado: Litigation - General Commercial

What the team is known for: Continues to develop a fine reputation for its handling of a range of commercial disputes. Held in high regard for its expertise in securities, antitrust, class actions and corporate governance litigation. Also assist clients in pre-litigation dispute resolution.

Strengths: Clients appreciate how "practical" the team is and find it to be "very professional, responsive and, frankly, enjoyable" to work with.

Another client simply says: "They have been completely wonderful."

Nevada: Litigation - General Commercial

What the team is known for: Well-respected firm providing a strong commercial litigation offering to major gaming, manufacturing and financial services corporations. Demonstrates significant breadth of expertise in shareholder, derivative and breach of fiduciary duty claims. Well versed in handling disputes arising in the construction and healthcare arenas as well as a variety of other high-stakes business disputes.

Strengths: One client noted: "The team was efficient, handled all aspects of the case properly, negotiated with other attorneys with power and was respected by the mediator and judge for its actions."

Another describes them as "professional, effective and compassionate." 

New Mexico: Litigation - General Commercial

What the team is known for: Provides advice to public and private entities on areas of litigation such as product liability, personal injury and wrongful death, and has acted for clients on class action, regulatory and software licensing issues. Boasts a solid following of clients in the healthcare, oil and gas and automotive industries.

Strengths: Clients highlight the team's strong communication skills: "They're responsive to inquiries, receptive to recommendations and advice, and the written product is very good."

Another client confirms that the attorneys are "very responsive, easy to work with and collaborate well."

 

Representative Matters
  • Counseled major labor union in connection with regulatory inquiry involving a state agency.

  • Represented Forest City Enterprises in successful appeals (Colorado Court of Appeals and Colorado Supreme Court) regarding master developer liability in Colorado.

  • Ongoing representation of various financial services companies in investigations and litigation by state Attorneys General under the Uniform Consumer Credit Code and consumer protection laws.

  • Successfully obtained protective orders for multiple pro bono individuals in matters involving domestic abuse, stalking, and harassment.

  • Assisting non-profit child care program in licensing transactions, investigations, and disputes with state regulatory agency.

  • Successfully represented real estate developer in appeal of lending dispute. Champion Bank v. Bridgeport Corp., 2015 WL 9584899 (Colo. Ct. App.).

  • Successfully represented three mortgage originators in licensing investigation by a state regulatory agency. Achieved complete dismissal of the investigation, protecting all mortgage licenses at issue.

  • Represented Guatemalan immigrant in Ninth Circuit appeal of removal order

  • Successfully represented municipality in bench trial involving appealed enforcement action

  • Successfully represented employers in EEOC, CCRD or other agency investigations and, if necessary, in litigation, including trying to a favorable decision a multi-week multi-plaintiff multi-million dollar case alleging discrimination and retaliation.

  • Successfully defended 40 billion dollar pension fund against claims by Colorado State Treasurer for alleged breach of fiduciary duty and other claims. Trial court dismissed all claims on motion before trial. Successfully argued case before Colorado Court of Appeals, which affirmed trial court ruling.

  • Brownstein attorneys won a broad reversal of the trial court's judgment in the complex, coordinated Quantification Settlement Agreement (QSA) cases. The trial-court judgment invalidated twelve of the historic QSA-related agreements, but as a result of this appellate decision, the largest agriculture-to-urban water transfers in United States history, and numerous Colorado River programs that have been created by the United States and other Colorado River Basin states based on the QSA, will continue to be implemented while the remaining issues are decided on remand by the trial court.

  • On behalf of California building industry association, obtained invalidation of Numeric Effluent Limits in State Water Resources Control Board NPDES Construction General Permit for stormwater discharges. The Sacramento Superior Court invalidated NELs for turbidity and pH based on the Board's failure to support the NELs with sufficient evidence establishing that the NELs could be achieved, and its failure to undertake the necessary control technology analysis under the Clean Water Act for a NPDES permit.

  • East Cherry Creek Valley Water and Sanitation District (ECCV) acquired shares in the Burlington Ditch and sought to convert them to municipal use. Water users opposing the application argued that the proposed change would injure their water rights by allowing ECCV to use more water after the change than the Burlington farmers had when using the water for agricultural purposes. In 2008, the Division 1 water court agreed and found ECCV's proposed use injurious, on May 31, 2011 the Colorado Supreme Court affirmed the decision. Brownstein lead a group of five opposers at trial and on appeal.

  • Successfully defended a client against most charges in a broad market conduct examination by the Colorado Division of Insurance, and representing the client on appeal of a single significant adverse ruling before the Colorado Court of Appeals.

  • Successfully defended a medical malpractice insurer against charges in market conduct examination by the Colorado Division of Insurance; represented the insurer on appeal of an adverse ruling before the Colorado Court of Appeals.

  • Litigation challenging State Board issued NPDES general permit for stormwater discharges associated with construction activities as violating the federal Clean Water Act and California's Porter-Cologne Act.

  • Appeal surrounding challenges to the validation proceedings and CEQA compliance for a group of contracts between local, state, and federal governments regarding California water agencies' allocation of water from the Colorado River and the transfer of water from Imperial Irrigation District to San Diego County Water Authority .

  • Part of litigation team that won dismissal of a Section 1 and Section 2 gas transportation antitrust case seeking more than $100 million in Federal Court in Denver.

  • Defend a financial services company in a Department of Justice criminal investigation.

  • Represent various public entities on constitutional matters including the representation of the District Attorney's Office in a criminal constitutional challenge in a 4th Amendment case.

  • Represented the Law School Admission Council (LSAC) in an American Disabilities Act challenge involving test administering. Brownstein handled the case and a successful emergency appeal before an en banc 10th Circuit.

  • Represented U.S. mortgage company in congressional and related criminal investigations. Persuaded Congress not to hold hearings or otherwise investigate the matter.

  • Represented construction contractors for Colorado's $1.8 billion T-REX highway and light rail expansion project, as well as for the state’s $845 million E-470 Public Highway Project and $425 million Northwest Parkway Public Highway Project. Counseled on contract formation, design and construction claims resolution, and litigated cases related to the Denver International Airport Terminal and Concourse C Project, Colorado’s Jefferson County Government Center Project, the Black Hawk Casino by Hyatt Project, the Denver Convention Center Hotel Project, the Ray Nixon Power Plant (Colorado Springs, CO), and the $240 million Denver Convention Center Hotel Project.

  • Appellate counsel in challenge to CEQA compliance for composting project including challenges to water supply and greenhouse gas emissions.

  • Defended providers of public accommodations and services against claims brought pursuant to the Americans with Disabilities Act.

  • Provided appellate defense in Court of Appeals and Supreme Court of CEQA challenge to California Public Utilities' rulemaking related to liquefied natural gas (LNG) on behalf of major utility.

Publications
News & Events

Meet The Team

John V. McDermott Shareholder T 303.223.1118 jmcdermott@bhfs.com
Kirk B. Lenhard Shareholder T 702.464.7045 klenhard@bhfs.com
Martha L. Fitzgerald Shareholder T 303.223.1472 mfitzgerald@bhfs.com
Mitchell J. Langberg Shareholder T 310.500.4631 mlangberg@bhfs.com
Michael A. Freimann Shareholder T 303.223.1195 mfreimann@bhfs.com
Lawrence W. Treece Shareholder T 303.223.1257 ltreece@bhfs.com
Adam K. Bult Shareholder T 702.464.7077 abult@bhfs.com
Eric R. Burris Shareholder T 505.724.9563 eburris@bhfs.com
Matthew C. Arentsen Associate T 303.223.1152 marentsen@bhfs.com
Richard B. Benenson Shareholder T 303.223.1203 rbenenson@bhfs.com
Steven E. Abelman Shareholder T 303.223.1102 sabelman@bhfs.com
Beth Collins-Burgard Shareholder T 805.882.1419 bcollins@bhfs.com
Diane C. De Felice Shareholder T 310.500.4613 ddefelice@bhfs.com
Erin M. Eiselein Shareholder T 303.223.1251 eeiselein@bhfs.com
Craig M. Finger Associate T 303.223.1135 cfinger@bhfs.com
Hubert A. Farbes, Jr. Shareholder T 303.223.1186 hfarbes@bhfs.com
Hannah M. Caplan Associate T 303.223.1258 hcaplan@bhfs.com
Justin L. Cohen Associate T 303.223.1254 jcohen@bhfs.com
Jason R. Dunn Shareholder T 303.223.1100 jdunn@bhfs.com
Michael F. Feeley Shareholder T 303.223.1237 mfeeley@bhfs.com
Maximilien D. Fetaz Associate T 702.464.7083 mfetaz@bhfs.com
Michael T. Fife Shareholder T 805.882.1453 mfife@bhfs.com
Sarah M. Clark Senior Policy Advisor and Counsel T 303.223.1139 sclark@bhfs.com
Sherli Shamtoub Frank Associate T 310.500.4618 sfrank@bhfs.com
Travis F. Chance Associate T 702.464.7096 tchance@bhfs.com
Wayne F. Forman Shareholder T 303.223.1120 wforman@bhfs.com
Christine A. Jochim Associate T 303.223.1163 cjochim@bhfs.com
Carrie E. Johnson Shareholder T 303.223.1198 cjohnson@bhfs.com
Dylan K. Johnson Associate T 805.882.1413 djohnson@bhfs.com
Emily Holmes Shareholder T 303.223.1142 eholmes@bhfs.com
Emily R. Garnett Associate T 303.223.1171 egarnett@bhfs.com
Van Aaron Hughes Of Counsel T 303.223.1253 vhughes@bhfs.com
Joshua M. Hantman Shareholder T 303.223.1216 jhantman@bhfs.com
John A. Helfrich Of Counsel T 303.223.1206 jhelfrich@bhfs.com
Lisa Hogan Shareholder T 303.223.1185 lhogan@bhfs.com
Patrick B. Hall Associate T 303.223.1129 phall@bhfs.com
Stephanie Osler Hastings Shareholder T 805.882.1415 shastings@bhfs.com
Thomas J. Krysa Shareholder T 303.223.1270 tkrysa@bhfs.com
Veronica C. Gonzales-Zamora Associate T 505.724.9586 vgonzales-zamora@bhfs.com
Anna-Liisa Mullis Associate T 303.223.1165 amullis@bhfs.com
Bryce C. Loveland Shareholder T 702.464.7024 bcloveland@bhfs.com
Christopher O. Murray Shareholder T 303.223.1183 cmurray@bhfs.com
David B. Meschke Associate T 303.223.1219 dmeschke@bhfs.com
Laura Bielinski Langberg Associate T 805.882.1438 llangberg@bhfs.com
Mark F. Leonard Shareholder T 303.223.1128 mleonard@bhfs.com
Mark J. Mathews Shareholder T 303.223.1179 mmathews@bhfs.com
Mark M. Oveson Shareholder T 303.223.1127 moveson@bhfs.com
Russell M. McGlothlin Shareholder T 805.882.1418 rmcglothlin@bhfs.com
Adam P. Segal Shareholder T 702.464.7001 asegal@bhfs.com
Christine A. Samsel Shareholder T 303.223.1133 csamsel@bhfs.com
Evan M. Rothstein Shareholder T 303.223.1116 erothstein@bhfs.com
Hal Stratton Shareholder T 505.724.9596 hstratton@bhfs.com
Ishra K. Solieman Staff Attorney T 303.260.1880 isolieman@bhfs.com
Jonathan G. Pray Shareholder T 303.223.1211 jpray@bhfs.com
Jeffrey S. Rugg Shareholder T 702.464.7011 jrugg@bhfs.com
Jonathan C. Sandler Shareholder T 310.564.8672 jsandler@bhfs.com
Michael J. Pankow Shareholder T 303.223.1106 mpankow@bhfs.com
Michael H. Pryor Shareholder T 202.383.4706 mpryor@bhfs.com
Nicholas R. Santucci Associate T 303.223.1246 nsantucci@bhfs.com
Ronda L. Sandquist Shareholder T 303.223.1191 rsandquist@bhfs.com
Steven O. Sims Shareholder T 303.223.1149 ssims@bhfs.com
Scott S. Slater Shareholder T 310.500.4600 sslater@bhfs.com
Arthur Zorio Shareholder T 775.398.3812 azorio@bhfs.com
Gina L. Tincher Associate T 303.223.1255 gtincher@bhfs.com
Joshua A. Weiss Associate T 303-223-1268 jweiss@bhfs.com
Martine Tariot Wells Associate T 303.223.1213 mwells@bhfs.com
Nury H. Yoo Associate T 310.500.4612 nyoo@bhfs.com
Cole J. Woodward Associate T 303.223.1261 cwoodward@bhfs.com
Allecia Cavallaro Paralegal T 303.223.1367 acavallaro@bhfs.com
Antoinina T. Martinez Paralegal T 505.724.9579 nmartinez@bhfs.com
Conni J. Hebert Paralegal T 702.464.7051 chebert@bhfs.com
Emma G. Cordero Paralegal T 505.724.9576 ecordero@bhfs.com
Sheila M. Grisham Paralegal T 303.223.1377 sgrisham@bhfs.com
Kara Kenfield Paralegal T 303.223.1485 kkenfield@bhfs.com
Kate M. Meade Paralegal T 303.223.1339 kmeade@bhfs.com
Melinda R. Hart Paralegal T 805.882.1435 mhart@bhfs.com
Paulette M. Chesson Paralegal/Paralegal Coordinator T 303.223.1325 pchesson@bhfs.com
Penny G. Lalonde Paralegal T 303.223.1337 plalonde@bhfs.com