Fitzgerald, Martha L.

Martha Fitzgerald is a litigator with broad experience in municipal, environmental, and general commercial litigation.  She came to the firm in 2005 after serving as Senior Vice President and General Counsel for Bison Sportlights, where she supervised compliance and intellectual property and commercial litigation. Prior to working in-house, Martha was an associate at Sherman & Howard in Denver.

Practices & Industries
Municipal Law

Martha’s extensive representation of Colorado municipalities includes defense of numerous appeals of administrative actions, including those arising from zoning, licensing, property, environmental, and employment disputes.  She also has successfully represented municipalities in §1983 actions, in challenges  brought under the 4th and 1st amendments to the Constitution against city officials, police and fire command staff, and against individual officers, as well as  challenges to emergency dispatch procedures and to the sufficiency of Colorado Open Records responses.

Martha was lead counsel in a long-term Department of Justice investigation into city practices for entry-level police and fire hiring, where she initiated changes in testing and other protocols resulting in a “no action”  letter from DOJ.  She also was lead counsel for the City of Aurora in the federal redistricting trial which culminated in the City’s being placed in a single Congressional District for the first time in its history. She represented the Aurora Police Department and counseled city officials in pretrial proceedings in the prosecution of the theater mass shooting case.  Additionally, she was lead trial counsel and prevailed in a major patent infringement case brought against Aurora relating to its water purification process and systems at the massive Prairie Waters project.

Environmental

Martha was a member of the trial team in one of the first CERCLA (“Superfund”) cases to go to trial, and was instrumental in subsequent remediation at the site. She has represented large mining companies, developers, and water districts in other CERCLA, Brownfields, and FUDS (Formerly Used Defense Site) matters, and in matters arising under RCRA, the Clean Air Act, the Clean Water Act, and the Endangered Species Act.  She has recently successfully represented and currently represents private landowners in multiple jurisdictions around the U.S. in CERCLA cost-recovery actions against the United States for recovery of cleanup costs associated with removal of buried World War II unexploded ordnance.

Commercial

In addition to her municipal and environmental work, Martha has significant and ongoing experience in general commercial disputes, including defense and prosecution of antitrust class actions, and in contract disputes between companies in the information technology sector.  She currently represents clients in federal court and before the United States Patent and Trademark Office in trademark litigation.

Education
    • J.D., 1984, magna cum laude, Georgetown University Law Center, Phi Beta Kappa

      Editor, Georgetown Law Journal

    • University of Denver, magna cum laude, Phi Beta Kappa

    • M.A., Spanish Language and Literature, University of Colorado at Boulder

    Admissions
    • Supreme Court of Colorado

    • U.S. Court of International Trade

    • U.S. District Court, District of Colorado

    • U.S. District Court, Central District of California

    • U.S. Court of Appeals, Tenth Circuit

    • U.S. Court of Federal Claims

    Recognition

    5280 Top Lawyers, Commercial Litigation, 2015-2016

    Membership

    Colorado Bar Association

    American Bar Association

    Colorado Women's Bar Association

    Denver Bar Association

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