Litigation - Brownstein Hyatt Farber Schreck

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.

Richard B. Benenson 303.223.1203
Eric R. Burris 505.724.9563
Representative Matters
  • Counseled major labor union in connection with regulatory inquiry involving a state agency.

  • Designed and conducted due diligence on behalf of venture capital fund that specializes in the educational fin tech space. Also advised client on compliance with state and federal consumer protection laws and regulations.

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

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

  • Defended client in state and federal class action lawsuits brought by music festival ticket purchasers and vendors seeking damages for alleged breaches of contract, unjust enrichment, and deceptive trade practices in connection with the cancellation of the event.

  • Successfully resolved a class action lawsuit for defendant in which the alleged violations included violations of the California Unfair Competition Law and the Consumer Legal Remedies Act for alleged false and deceptive advertising related to the printed and online advertising of a particular personal care product.

  • Represented a law firm in defense of a federal class action alleging claims under the federal Fair Debt Collection Practices Act.

  • Represented client in putative class action lawsuit regarding disputed foreclosure practices and alleged violations of the Colorado Consumer Protection Act, the Fair Debt Collection Practices Act, and the Colorado Antitrust Act.

  • Successfully resolved a class action lawsuit for defendant in which the alleged violations included violations of the California Unfair Competition Law and the Consumer Legal Remedies Act for alleged false and deceptive advertising related to the printed and online advertising of a particular personal care product.

  • Co-counsel with Skadden Arps and Proskauer Rose on a series of copyright infringement actions in multiple jurisdictions on issues of first impression for class actions of un-registered marks.

  • Defending Clark County, Nevada and McCarran International Airport in a proposed class action alleging that the common-use self-service kiosks discriminate against the blind. Successfully obtained a stay of all discovery pending resolution of the County's Motion to Dismiss.

  • Represented client in connection with class action employment claims brought before the OFCCP and the EEOC and in federal district court and obtained dismissal of these claims in all venues.

  • 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.

  • Successfully and efficiently represented international personal care product company in a California Proposition 65 class action lawsuit alleging that upon application, the particular cosmetic product released a previously bound chemical, which required a Proposition 65 warning.

  • Represented assembly company in product liability, unfair business practices, negligence, breach of warranty, equitable estoppel and waiver case involving the assembly of bicycles in big box stores.

  • 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.

  • Prevented class certification and successfully defended a large commercial client against allegations that it violated a deceptive trade practices act.

  • 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.

  • Successfully defended a public construction company and its directors in a class action litigation challenging a going-private transaction.

  • 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.

  • Successfully represented interests of private property owners in Santa Barbara regarding proposal by an organization to paint blue waves across 68 city streets depicting a potential flood zone, which would have devalued hundreds of homes and businesses.

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

  • Brownstein served as lead counsel for Qwest Communications in Bell Atlantic v. Twombly, a consumer class action antitrust case.

  • Defended a public company charged with securities fraud by the United States Securities and Exchange Commission and in a class action brought by shareholders.

  • 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.

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Meet The Team

John V. McDermott Shareholder T 303.223.1118
Kirk B. Lenhard Shareholder T 702.464.7045
Martha L. Fitzgerald Shareholder T 303.223.1472
Mitchell J. Langberg Shareholder T 310.500.4631
Lawrence W. Treece Shareholder T 303.223.1257
Adam K. Bult Shareholder T 702.464.7077
Bill C. Berger Shareholder T 303.223.1178
David Longly Bernhardt Shareholder T 202.296.7353
Eric R. Burris Shareholder T 505.724.9563
Matthew C. Arentsen Associate T 303.223.1152
Richard B. Benenson Shareholder T 303.223.1203
Steven E. Abelman Shareholder T 303.223.1102
Beth Collins-Burgard Shareholder T 805.882.1419
Diane C. De Felice Shareholder T 310.500.4613
Erin M. Eiselein Shareholder T 303.223.1251
Craig M. Finger Associate T 303.223.1135
Hubert A. Farbes, Jr. Shareholder T 303.223.1186
Hannah M. Caplan Associate T 303.223.1258
Justin L. Cohen Associate T 303.223.1254
Jason R. Dunn Shareholder T 303.223.1100
Michael F. Feeley Shareholder T 303.223.1237
Maximilien D. Fetaz Associate T 702.464.7083
Michael T. Fife Shareholder T 805.882.1453
Sarah M. Clark Senior Policy Advisor and Counsel T 303.223.1139
Travis F. Chance Associate T 702.464.7096
Wayne F. Forman Shareholder T 303.223.1120
Christine A. Jochim Associate T 303.223.1163
Carrie E. Johnson Shareholder T 303.223.1198
Dylan K. Johnson Associate T 805.882.1413
Emily Holmes Shareholder T 303.223.1142
Emily R. Garnett Associate T 303.223.1171
Van Aaron Hughes Of Counsel T 303.223.1253
Joshua M. Hantman Shareholder T 303.223.1216
John A. Helfrich Of Counsel T 303.223.1206
Lisa Hogan Shareholder T 303.223.1185
Patrick B. Hall Associate T 303.223.1129
Stephanie Osler Hastings Shareholder T 805.882.1415
Thomas J. Krysa Shareholder T 303.223.1270
Veronica C. Gonzales-Zamora Associate T 505.724.9586
Anna-Liisa Mullis Associate T 303.223.1165
Bryce C. Loveland Shareholder T 702.464.7024
Christopher O. Murray Shareholder T 303.223.1183
David B. Meschke Associate T 303.223.1219
Kerry J. LeMonte Associate T 303.223.1244
Laura Bielinski Langberg Associate T 805.882.1438
Mark F. Leonard Shareholder T 303.223.1128
Mark J. Mathews Shareholder T 303.223.1179
Mark M. Oveson Shareholder T 303.223.1127
Adam P. Segal Shareholder T 702.464.7001
Christine A. Samsel Shareholder T 303.223.1133
Evan M. Rothstein Shareholder T 303.223.1116
Hal Stratton Shareholder T 505.724.9596
Ishra K. Solieman Staff Attorney T 303.260.1880
Jonathan G. Pray Shareholder T 303.223.1211
Jeffrey S. Rugg Shareholder T 702.464.7011
Jonathan C. Sandler Shareholder T 310.564.8672
Lauren E. Schmidt Shareholder T 303.223.1207
Michael J. Pankow Shareholder T 303.223.1106
Nicholas R. Santucci Associate T 303.223.1246
Ronda L. Sandquist Shareholder T 303.223.1191
Courtney A. Schumacher Associate T 505.724.9582
Sherli Shamtoub Associate T 310.500.4618
Steven O. Sims Shareholder T 303.223.1149
Arthur Zorio Shareholder T 775.398.3812
Gina L. Tincher Associate T 303.223.1255
Joshua A. Weiss Associate T 303-223-1268
Martine Tariot Wells Associate T 303.223.1213
Nury H. Yoo Associate T 310.500.4612
Cole J. Woodward Associate T 303.223.1261
Allecia Cavallaro Paralegal T 303.223.1367
Antoinina T. Martinez Paralegal T 505.724.9579
Conni J. Hebert Paralegal T 702.464.7051
Emma G. Cordero Paralegal T 505.724.9576
Sheila M. Grisham Paralegal T 303.223.1377
Kara Kenfield Paralegal T 303.223.1485
Kate M. Meade Paralegal T 303.223.1339
Paulette M. Chesson Paralegal/Paralegal Coordinator T 303.223.1325
Penny G. Lalonde Paralegal T 303.223.1337