Commercial Litigation - Brownstein Hyatt Farber Schreck

When business meets law, you need a legal partner with both extensive trial experience and the resources to handle complex litigation that often crosses state and even national boundaries. With more than 65 trial lawyers in offices nationwide, Brownstein’s Commercial Litigation Group is well prepared to handle multi-party, multi-jurisdictional disputes reflecting a wide range of business problems, challenges and issues.

Whether your matter spans a large geographic area, multiple legal theories or both, you will be skillfully represented by a team with extensive experience in litigation tactics and cases at the trial and appellate levels. Our group excels at trial work and understands that all cases start with the premise that a dispute is going to trial unless, along the way, it becomes apparent that arbitration or settlement best meets your business objectives.

Together, we have significant experience in matters involving antitrust, securities, intellectual property, employment, environmental, water, land use, development, real estate, engineering and construction, telecommunications, bankruptcy, products liability and gaming, among other practice areas. When needed, our Commercial Litigation Group works in tandem with our Corporate & Business, Natural Resources, Government Relations and Real Estate groups.

Representative Matters
  • Defended and successfully resolved product liability litigation on behalf of agriculture product manufacturer.

  • Representing nutritional supplement company in employment lawsuit involving former high-level executive.

  • Represented hospitality company in litigation suit alleging fraud and other common law claims regarding the location of the certain utility lines. Negotiated a walk-away settlement for client.

  • Successfully defended lawsuit brought against ski resort in southwest Colorado.

  • Successfully resolved dispute between publically traded company and former employee involving trade secrets and other contractual disputes.

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

  • Successfully moved to dismiss Colorado Consumer Protection Act (CCPA) case brought by a competitor in Colorado against two Florida companies in the automobile ancillary insurance industry and their officers and directors. The court ruled that the plaintiff failed to plead the requisite elements of a CCPA claim and failed to establish personal jurisdictions over the individual officers and directors. Notably, the court rejected plaintiff’s argument that the harm element was satisfied by merely pleading that the plaintiff was a competitor and therefore suffered injury.

  • Developed and conducted a consumer protection audit for a for-profit education company specializing in technology and coding bootcamps. The audit entailed reviewing every consumer-facing aspect of the company’s business including its compliance with state and federal consumer protection laws. Following the audit, conducted multiple training sessions for all of the company’s consumer-facing employees and management.

  • Successfully represented specialized oncology treatment center in complex commercial dispute.

  • Successfully defended third-party executive in deposition in connection with a property casualty suit. Successfully negotiated to keep client from being named as a party in instant or subsequent litigation.

  • Defended satellite imagery public company in million dollar breach of contract dispute with former consultant. Resolved on highly favorable terms to client.

  • Successfully represented natural food company in threatened class action matter involving claims of a “slack-fill” violation.

  • Successfully defended clients in Securities Exchange Act Section 16(b) short swing profits case. All Claims dismissed by US District Court judge on motion to dismiss.

  • Successfully represented an industry leading company and its commerce chain in state wide class action alleging violation of Prop. 65.

  • Obtained summary judgment in favor of defendant loan servicer on all claims in action brought by borrower for alleged violations of the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act in connection with serving of loans.

  • Conducted internal investigation for public company of alleged wrongdoing reported in whistleblower complaint.

  • Representing major, publically traded hospitality company in complex commercial litigation involving property management, fiduciary duties, and life-safety engineering.

  • Represented international electronics company in assessing exposure for violations of Prop. 65.

  • Represented cosmetic company in successful pre-litigation settlement of threatened nationwide class action regarding misleading branding of products.

  • Represented developer of condominium project in appeals to Colorado Court of Appeals and Colorado Supreme Court in which defaulting unit purchasers had filed lawsuits seeking the return of earnest money deposits.

  • Defended company in “Made in the USA” class action litigation.

  • 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.

  • Representing one of the Republic of Argentina’s largest creditors—with judgments totaling $1.7 billion—in post-judgment discovery and enforcement proceedings in Nevada.

  • On behalf of large, privately-held oil and gas company, obtained dismissal with prejudice at motion to dismiss stage of all claims in shareholder derivative action. On appeal.

  • Represented a client in matters concerning alleged violations of consumer protection and fair debt collection laws, in additional to private contract and tort claimes.

  • Won complete summary judgment on all claims 45 days before trial in a breach of contract action regarding construction of a landfill gas-to-energy utilization plant where the plaintiff was seeking in excess of $7 million in damages.

  • 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.

  • Successfully resolved on an individual basis, a threatened class action against cosmetic company involving alleged false marketing materials, violations of FTC standards, representations required FDA approval and violation of the Consumer Legal Remedies Act.

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

  • Obtained favorable settlement on behalf of the nation’s leading medical transportation company for claims under the Uniform Relocation Assistance and Real Property Acquisitions Policies Acts of 1970, as amended, and under Nevada law.

  • Represent national loan servicing company in multiple loan related matters including FDCPA, FCRA, and other potential nationwide class actions.

  • Successfully represented international company in Prop. 65 class action involving multiple beauty industry related products.

  • 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.

  • Defended international beauty product company in state wide class action matter involving allegations that marketing representations required FDA approval and violated the Consumer Legal Remedies Act.

  • Defended national company in multiple TCPA class actions, including obtaining dismissal pre-litigation based upon affirmative showing of compliance.

  • Represented client in litigation in disputed foreclosure action, asserting claims of breach of contract, violations of the Colorado Consumer Protect Act, the Fair Debt Collection Practices Act, intentional infliction of emotional distress, and civil conspiracy

  • Conducted an antitrust review for a public company.

  • First Chair trial counsel for a multiple AmLaw law firm team over a three-year period and through trial to a complete defense verdict in complex breach of contract and unjust enrichment case in Denver District Court. The case presented issues of first impression in Colorado concerning bailment theories.

  • First chair jury trial counsel for the defense of the largest insurer in the country regarding experimental artificial disc implants where plaintiffs were seeking in excess of $25 million. Won a mis-trial in the second week of a three-week trial.

  • Lead counsel representing a manufacturer in a breach of contract and warranties claims against a multi-billion dollar manufacturing corporation. Successfully removed and transferred case to foreign jurisdiction under § 1404 principles, leading to positive settlement.

  • Lead counsel for Fortune 20 managed care provider in Colorado for numerous actions for breach of insurance contracts. Successful dismissal of four separate actions on grounds of jurisdiction, failure to state a claim, and wrongful joinder.

  • Lead counsel for plaintiff in the power industry in complex breach of contract action involving agreements for royalty payments. Obtained favorable settlement just before trial.

  • Won complete summary judgment week before trial for a Fortune 200 refuse company on a complex breach of contract action. Won an award of fees and sanctions against plaintiffs and counsel shortly thereafter.

  • Cristo v. Health Net of Arizona, Inc. Successful defense of health insurer in eight day jury trial in which plaintiff claimed breach of contract and insurance bad faith in insurer's denial of coverage of narcotic pain medications over a six year period. The plaintiff sought compensatory and bad faith damages exceeding seven figures. Unanimous defense verdict. Court awarded health insurer $350,000 in attorneys fees.

  • Represented healthcare consultant in trade secret misappropriation case.

  • Defended action taken in furtherance of the City of Long Beach's major clean air initiatives based on alleged violation of the Open Meeting Law, alleged improper delegation of police powers and alleged violations of the California Environmental Quality Act.

  • Litigated to open the Torcido Creek road as means of access to Taylor Ranch property for beneficiaries of Colorado Supreme Court decree in the landmark case of Lobato v. Taylor 70 P.3d 1152 (Colo. 2003), which confirmed rights of descendants of Mexican settlers to access to land under Spanish land grant of 1884 and confirmed in the Treaty of Guadalupe Hidalgo ending the Mexican/American war.

  • Pursued claims on behalf of an international mining company for breach of contract relating to a coal supply agreement.

  • Represented company in binding arbitration related to finder’s fee litigation stemming from successful acquisition.

  • Represented Flintco, LLC and Flintco West, Inc. in a state level qui tam action brought regarding alleged fraud in the procurement and billing of the $60 million dollar renovation of the University of New Mexico Arena (the "Pit"). In what may be the first state level false claims act case to be tried to a jury, the team was able to get a complete defense verdict on all claims.

  • 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 defended computer software client at trial obtaining defense verdict on all claims and obtaining verdict for client on counterclaims.

  • Defended a closely held company in a dispute with a former business partner over the sales of hundreds of assets worth in excess of $200 million, prevailing on a critical issue on summary judgment thereby reducing the claims to a fraction of their initial value.

  • Served as Nevada counsel to a New York Stock Exchange-listed corporation defending more than a dozen putative class actions in Nevada to enjoin the corporation's acquisition of a Nasdaq-listed corporation, a transaction valued at over $360 million. A key issue in the case was the appropriate legal standard for the duties owed by corporate directors of a Nevada corporation when confronted with a potential change of control, such as the sale of the corporation. Specifically, on a motion for preliminary injunction, the lead Nevada court addressed whether the directors of a Nevada corporation are subject to the legal standard established in the Delaware case Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., 506 A.2d 173 (Del. 1986) and its progeny. After extensive, expedited briefing and oral argument, the court denied plaintiffs' motion for preliminary injunction, rejected application of the Revlon standard and held instead that the codification of the business judgment rule set forth in NRS 78.138 was applicable in the case. The acquisition closed shortly thereafter.

  • 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.

  • Advised General Dynamics Corporation regarding a range of Nevada corporate law issues relating to their tender offer to acquire Force Protection, Inc., a NASDAQ-listed Nevada corporation. Brownstein&'s Nevada litigation team represented General Dynamics in its response to over a dozen lawsuits relating to the tender offer price and process, which were brought in three Nevada counties by Force Protection stockholders. We successfully consolidated the Nevada cases and helped General Dynamics and Force Protection defeat the plaintiffs' attempt to enjoin the tender offer, which culminated in over 81% of Force Protection stockholders tendering their shares. The acquisition closed on December 19, 2011.

  • Successfully defended mutual water company board of directors and management against challenge by shareholders to water transfers implemented by the company.

  • Represented TeleTech Europe B.V. in the prosecution of a complex claim against an Indian company for improper release of funds from escrow. Brownstein successfully appealed the order. The case has since been remanded to the New York Supreme Court where it is pending.

  • Successfully defended a financial institution in multi-million dollar lender liability litigation.

  • Defended a telecom reseller against claims for theft of trade secrets.

  • Successfully prevented an injunction from being entered against Netskeye Inc., a sports and entertainment company, which would have prevented their attendance at a world-renowned trade show.

  • Represented Westlands Water District in a suit against the United States claiming $1 billion in damages for breach of a contractual obligation by the Bureau of Reclamation to provide drainage facilities and services for approximately 150,000 acres of land in California's Central Valley.

  • Successfully defended a nutritional supplement company and its officers in Colorado and New York Attorney Generals' Consumer Protection and Deceptive Trade Practices investigations and related civil litigation.

  • Represented Cross MediaWorks, a multi-platform media firm that manages media on a targeted and measured basis, including the historical management of television media for one of the nation's largest charities, Feed The Children. Brownstein successfully pursued to a monetary settlement in a breach of contract action against Feed The Children which arose in connection with an upheaval in senior management at the charity. In addition to achieving a settlement, the business relationship was preserved.

  • Obtained verdict after bench trial on behalf of client on claims for conversion, fraud, and civil conspiracy against defendants, as well as an award of punitive damages.

  • 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.

  • Representation of the University of Nevada in connection with litigation filed by the Western Athletic Conference in response to the University's efforts to move its athletic programs into the Mountain West Conference.

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

  • Represented a telecommunications company in the successful settlement of its partnership claim in excess of $30 million.

  • Represented a homeowner in a construction defect case, resulting in dismissal of more than $900,000 in liens and in a residential judgment in excess of $900,000, including a fee award.

  • Represented the developer of a mixed-use commercial and residential development in Denver in the negotiation and development of a suite of construction contracts for the project.

  • Defended a major gaming industry cash access supplier in a $900 million antitrust litigation case brought by former executives.

  • Resolved civil litigation regarding payment issues in favor of Bravo Underground, Inc.

  • Represented the lender of $13 million residential development. Brownstein also represented the company in a lender liability defense.

  • Won jury trial and appeal for Qwest Communications in a case alleging negligence in listing the plaintiff in books and directory assistance.

  • Won summary judgment for Qwest Communications in a case alleging negligence in the disclosure of a Boulder County safehouse and argued case on appeal.

  • Represented Qwest in an arbitration before Judicial Arbitration and Mediation Services, Inc. in New York in a two week hearing involving a wholesale dispute.

  • Represented Qwest (now CenturyLink) in lawsuits against multiple Competitive Local Exchange Carriers regarding switched access services.

  • 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.

  • Defended an investment bank in a multi-district class action litigation involving allegations of bid rigging in the municipal bond industry.

  • Represented a large coal company as the seller against a buyer for breaching a coal supply contract.

  • Avoided execution of collateral on a line of credit keeping construction equipment intact for Diamond Construction Co., Inc.

  • Assisted in the successful defense of Shuffle Master, Inc. in the alleged violation of an option agreement seeking damages in excess of $14 million.

  • Represented an artificial heart valve company in a $20 million supply contract dispute resulting in favorable mitigation of client exposure and the eventual sale of the company to a major healthcare conglomerate.

  • Represented the developer of Spire Denver, a downtown condo high-rise in a suit against the lender for abandoning the loan.

  • Settled for minimum penalties of $945K with $6,000,000 in potential penalties. Provided the legal representation and the negotiations with RWQCB.

  • Defended a hedge fund manager in parallel proceedings alleging securities fraud brought by the United States Securities and Exchange Commission and shareholders.

  • Successfully represented a mixed-use developer in its build out and partnership disputes related to a major mixed-use infill project resulting in an arbitration claim dismissal. Brownstein continues to handle ongoing business litigation involving the development.

  • Represented a class of temporary nurses in federal antitrust litigation against a state-wide hospital association and several individual hospitals in Arizona. The case resulted in a $24 million settlement.

  • Defended an art loss registry from a liable and tort claim related to the theft and recovery of a Norman Rockwell painting.

  • Represented an owner and developer in a three-week trial against a contractor, resulting in a favorable profit-sharing judgment.

  • Won a trial affirming the award of a contract for child support enforcement services for Policy Studies.

  • Successfully defended United Airlines in the first case to be tried under federal whistle-blower provisions.

  • Won a summary judgment while defending an antitrust action in the gaming industry.

  • Successfully defended and resolved a products liability and wrongful death claim involving a minor.

News & Events

Meet The Team

Adam K. Bult Shareholder T 702.464.7077 abult@bhfs.com
Evan M. Rothstein Shareholder T 303.223.1116 erothstein@bhfs.com
Lauren E. Schmidt Shareholder T 303.223.1207 lschmidt@bhfs.com
Jonathan G. Pray Shareholder T 303.223.1211 jpray@bhfs.com
Lisa Hogan Shareholder T 303.223.1185 lhogan@bhfs.com
Eric R. Burris Shareholder T 505.724.9563 eburris@bhfs.com
Richard B. Benenson Shareholder T 303.223.1203 rbenenson@bhfs.com
Emily A. Ellis Associate T 702.464.7085 eellis@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
Justin L. Cohen Associate T 303.223.1254 jcohen@bhfs.com
Maximilien D. Fetaz Associate T 702.464.7083 mfetaz@bhfs.com
Martha L. Fitzgerald Shareholder T 303.223.1472 mfitzgerald@bhfs.com
Matthew D. Francis Shareholder T 775.324.4100 mfrancis@bhfs.com
Travis F. Chance Associate T 702.464.7096 tchance@bhfs.com
Carrie E. Johnson Shareholder T 303.223.1198 cjohnson@bhfs.com
Van Aaron Hughes Of Counsel T 303.223.1253 vhughes@bhfs.com
Patrick B. Hall Associate T 303.223.1129 phall@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
Adam McMillen Of Counsel T 775.398.3808 amcmillen@bhfs.com
Alisa Nave-Worth Shareholder T 702.464.7061 anave-worth@bhfs.com
Christopher O. Murray Shareholder T 303.223.1183 cmurray@bhfs.com
David B. Meschke Associate T 303.223.1219 dmeschke@bhfs.com
John V. McDermott Shareholder T 303.223.1118 jmcdermott@bhfs.com
Kerry J. LeMonte Associate T 303.223.1244 klemonte@bhfs.com
Kirk B. Lenhard Shareholder T 702.464.7045 klenhard@bhfs.com
Mitchell J. Langberg Shareholder T 310.500.4631 mlangberg@bhfs.com
Mark J. Mathews Shareholder T 303.223.1179 mmathews@bhfs.com
Hal Stratton Shareholder T 505.724.9596 hstratton@bhfs.com
Jeffrey S. Rugg Shareholder T 702.464.7011 jrugg@bhfs.com
Jonathan C. Sandler Shareholder T 310.564.8672 jsandler@bhfs.com
Courtney A. Schumacher Associate T 505.724.9582 cschumacher@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
Lawrence W. Treece Shareholder T 303.223.1257 ltreece@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
Jeff Tillison Paralegal T 775.398.3819 jtillison@bhfs.com
Nancy Lindsley Paralegal T 775.398.3802 nlindsley@bhfs.com
Penny G. Lalonde Paralegal T 303.223.1337 plalonde@bhfs.com