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					     TENTH CIRCUIT



     Tenth Circuit                                                                                 environmental cleanup, evidence, fraud,
                                                                                                   insurance, land use, the Lanham Act, legal
                                                                                                   malpractice, libel and slander, medical
                                                                                                   malpractice, mining, patents, pension benefits,
                                                                                                   personal injury, products liability, property
     On December 1, 2011, several changes to Federal Rules of Appellate Procedure                  tax, public utilities regulation, punitive
     4(a)(1) and 40(a)(1) will take effect. Among these changes include a proposed                 damages, railroads, sanctions, securities, shar-
                                                                                                   eholder derivative actions, ski resorts, sales,
     rule that requires parties to include a glossary of terms in briefs which are                 telecommunications and use tax, trademarks,
     acronym-intensive. The proposed rule speaks specifically to agency proceedings.               trade secrets, and unfair competition.
     Additionally, the court’s current local rule requires counsel to perfect the appeal              The firm’s appellate lawyers work closely
     in a criminal case prior to filing a motion to withdraw. Perfecting the appeal                with trial lawyers to anticipate issues that may
     includes filing a designation of record and transcript order form, or notice that no          arise on appeal and effectively litigate at all
                                                                                                   levels of the litigation. The firm’s appellate
     transcript is necessary, along with the entry of appearance and docketing state-              lawyers also litigate appeals or write amicus
     ment. The proposed change will allow counsel to file a motion to withdraw fol-                curiae briefs in cases that have been handled
     lowing submission of an entry of appearance and docketing statement only.                     by another firm at the trial level. Andrew Low
     There will no longer be a requirement to perfect the appeal before filing the                 leads the firm’s appellate team and is
     motion.                                                                                       recommended for appellate litigation in the
                                                                                                   Tenth Circuit. Low has litigated a broad range
                                                                                                   of appeals, including cases involving
     Tenth Circuit litigation                   Highly recommended firms                           employment relations, insurance, securities,
     firms – Colorado                           Reilly Pozner
                                                                                                   real estate, legal and medical malpractice,
                                                                                                   products liability, income taxation, and
                                                Reilly Pozner litigates complex civil and          pension plans.
     Highly recommended                         commercial cases, class actions, personal
                                                injury and mass tort cases, criminal defense,      The Law Offices of Walter Sargent
     The Dubofsky Law Firm
                                                and appeals. The firm’s attorneys provide          The Law Offices of Walter Sargent litigates
     Davis Graham & Stubbs                      comprehensive trial services from pre-trial        appeals in most practice areas at all levels if
                                                motion practice to post-trial appellate            state and federal courts. The firm was founded
     Reilly Pozner                              litigation, and represents clients at the state    in January 1996 when Walter Sargent left a
                                                and federal levels. Reilly Pozner’s attorneys      large Denver-based firm to open his practice.
     The Law Offices of Walter Sargent          litigate nationwide representing both              The firm views appellate litigation as a
                                                plaintiffs and defendants on matters that          specialty and sees value in having appellate
                                                involve significant liability exposure, public     boutiques in Colorado free from the
                                                visibility, and a high likelihood of going to      bureaucracy of larger firms. Walter Sargent
     Recommended
                                                trial.                                             and his firm are recommended for appellate
     Jacobs Chase Frick Kleinkopf & Kelley         Sean Connelly is recommended for                litigation in the Tenth Circuit. A peer states,
                                                appellate litigation and focuses on civil and      “Walter Sargent is a relatively young guy with
                                                criminal appeals in the federal courts. Having     a solid grasp of persuasive arguments.”
                                                argued more than 100 appeals in 11 federal
                                                courts of appeals, in the Colorado Supreme
     Tenth Circuit litigation                   Court and Court of Appeals, and in other
                                                state appellate courts, he also litigates
     stars – Colorado                           complex civil litigation and white-collar
                                                criminal defense. As a former judge on the
     Jeffrey Chase                              Colorado Court of Appeals from 2008 to
     Jacobs Chase Frick Kleinkopf & Kelley      2011, Connelly adds significant strength and
                                                expertise to the firm’s bench. In this capacity,
     Sean Connolly
                                                he authored more than 40 published opinions
     Reilly Pozner
                                                and scores of unpublished opinions in civil
     Jean Dubofksy                              and criminal appeals.
     The Dubofksy Law Firm
                                                Davis Graham & Stubbs
     Andrew Low                                 Davis Graham & Stubbs’ appellate attorneys
     Davis Graham & Stubbs                      utilize their specialized appellate experience
                                                and outstanding analytical, brief writing and
     Walter Sargent                             oral advocacy skills to represent clients at all
     The Law Offices of Walter Sargent          stages of litigation. Citing the firm’s
                                                knowledge and depth, competitors uniformly
                                                agree the firm is a respected player in a highly
                                                competitive field, stating, “Davis Graham is a
                                                good, solid litigation firm with a good number
                                                of lawyers who know what they are doing.”
                                                The firm’s attorneys litigate appeals on
                                                complex legal issues, including administrative
                                                proce-dure, advertising, arbitration, commer-
                                                cial leases, constitutional law, construction,
                                                contracts,     employment       discrimination,

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                                                                                                                         TENTH CIRCUIT



Tenth Circuit litigation                           Tenth Circuit litigation                     Highly recommended firms

firms – Kansas                                     firms – New Mexico                           Keleher McLeod
                                                                                                Keleher McLeod prosecutes and defends
Highly recommended                                 Highly recommended                           appeals in state and federal courts. The firm
                                                                                                maintains an office in Albuquerque and has
Foulston Siefkin                                   Keleher McLeod                               the ability to litigate appeals in all federal
                                                                                                circuits. Thomas Bird is a member of the
                                                   Sutin Thayer & Browne                        firm’s appellate practice and is recommended
                                                                                                for appellate litigation in the Tenth Circuit.
Tenth Circuit litigation                                                                        He has litigated Brown v. Presbyterian
                                                                                                Healthcare Services, Inc., which is one of the
                                                   Recommended
stars – Kansas                                                                                  few successful antitrust claims brought by a
                                                                                                physician against a hospital based on the
                                                   The Law Offices of Jane Yohalem
                                                                                                revocation of hospital privileges. Bird has
James Armstrong
                                                   The Law Offices of Karen Friedman            was also involved in Homans v. City of Al
Foulston Siefkin
                                                                                                buquerque, involving a successful First
Stephen Kerwick                                    Lorenz Law                                   Amendment challenge to the City of
Foulston Siefkin                                                                                Albuquerque’s campaign spending limit.
                                                   Montgomery & Andrews
                                                                                                Sutin Thayer & Browne
Highly recommended firms                           Rodey Dickason Sloan Akin & Robb
                                                                                                Sutin Thayer & Browne’s appellate practice
                                                   Sanders & Westabrook
                                                                                                group litigates appeals in almost every
Foulston Siefkin                                                                                substantive practice areas. They have
Foulston Siefkin’s appellate attorneys litigate    The Tucker Law Firm                          represented plaintiffs and defendants before
cases involving business torts, contracts,                                                      the New Mexico Supreme Court, New
securities, antitrust, commercial code, labor                                                   Mexico Court of Appeals, the Tenth Circuit.
and employment, medical malpractice,                                                            In addition, the Ninth Circuit Court of
products liability and insurance law. Several                                                   Appeals and the United States Supreme Court.
of the firm’s appellate attorneys have served
                                                   Tenth Circuit litigation                     Kerry Kiernan is a board-certified appellate
as law clerks for federal and state judges, and
the group as a whole has been counsel of
                                                   stars – New Mexico                           specialist and is recommended for appellate
                                                                                                litigation in the Tenth Circuit and in addition
record in far more reported federal and state                                                   to his appellate practice, litigates commercial
cases in Kansas than any other firm. The           Thomas Bird                                  cases, Indian gaming, complex civil cases,
firm’s appellate attorneys work closely with       Keleher McLeod
                                                                                                class-action cases, personal injury, and
the trial team to prepare for and handle           Karen Friedman
                                                                                                constitutional law. Kiernan has litigated cases
appeals strategically. The appeals lawyers are     The Law Offices of Karen Friedman            involving wrongful death suits, shareholder
also often involved in jury instructions and                                                    disputes, insurance defense matters, and
objections and in briefing pretrial and post-      Gail Gottlieb                                employment lawsuits. Gail Gottlieb is also
trial motions, and are experienced in              Sutin Thayer & Browne                        recommended for appellate practice, and her
multi-party and multi-counsel cases and                                                         areas of concentration include employment
know how to work with teams of corporate           Kerry Kiernan                                and civil rights litigation, bankruptcy and
counsel and co-counsel to coordinate               Sutin Thayer & Browne                        commercial litigation. Gottlieb also regularly
strategy, efficiency and effectiveness.                                                         handles state court foreclosures and
   James Armstrong is recommended for              Alice Lorenz                                 receivership proceedings, with focus on
appellate litigation in the Tenth Circuit and      Lorenz Law                                   representation of agricultural and commercial
has extensive experience in the areas of major                                                  lenders.
                                                   Edward Ricco
commercial litigation, including securities
                                                   Rodey Dickason Sloan Akin & Robb
fraud and other shareholder and breach of
fiduciary duty claims, oil and gas, intellectual   Steven Tucker
property, employment, and general contract         The Tucker Law Firm
litigation, major class actions and False
Claims Act cases. Stephen Kerwick handles          Maureen Westabrook
appellate matters that involve unusual             Sanders & Westabrook
questions of tort, procedural issues and
workers compensation law, as well as more          Jane Yohalem
routine cases. He is also recommended for          The Law Offices of Jane Yohalem
appellate litigation in the Tenth Circuit and
advises insurance carriers and commercial
clients on automobile, health and business
insurance matters and eminent domain
condemnation matters.




                                                                  THE DEFINITIVE GUIDE TO AMERICA’S LEADING LITIGATION FIRMS & ATTORNEYS          81
     TENTH CIRCUIT



     Tenth Circuit litigation   Highly recommended firms                          Crowe & Dunlevy
                                                                                  The appellate attorneys at Crowe & Dunlevy
     firms – Oklahoma           Connor & Winters                                  understand that appellate litigation requires a
                                The attorneys in Connor & Winters                 unique positioning and understanding of the
     Highly recommended         appellate group have extensive experience in      law and particularly of the record formed
                                litigating appeals at the state and federal       below. The firm offers this perspective at the
     Connor & Winters           level, made possible by the diverse               appellate level, but also employs appellate
                                experiences of its bench members, which           attorneys to work with trial counsel to review
     Crowe & Dunlevy            include former judicial law clerks for state,     cases with a fresh set of eyes, and to strategize
                                federal, and United States Supreme Court          as early as the pre-trial stage.
     Frederic Dorwart           justices. Connor & Winters’ appellate group          Clyde Muchmore is the director of the
                                regularly handles appeals before the highest      firm’s appellate practice group and has
                                courts of the states in its primary region, in    litigated cases in the Tenth Circuit for more
     Recommended                the United States Courts of Appeals, and to       than 40 years. Specializing in civil litigation,
                                the United States Supreme Court. The firm’s       appellate law, communications and media
     McAfee & Taft              appellate attorneys litigate appeals in almost    law and Constitutional law, Muchmore
                                every substantive area of law, including          brings his vast and deep experience to
                                commercial, energy, labor and employment,         effectively represent clients on at the state and
                                environmental, the federal RICO statute,          federal level on cases involving constitutional
     Tenth Circuit litigation   intellectual property (including patent and
                                trademark/unfair competition law), federal
                                                                                  issues, First Amendment issues, complex
                                                                                  business disputes, and appeals in federal and
     stars – Oklahoma           oil and gas royalties and other areas of public
                                lands, litigation under the federal False
                                                                                  state appellate courts. A revered appellate
                                                                                  peer confirms, “I think Clyde is certainly the
                                Claims Act, bankruptcy law, American              best appellate advocate in the state, and
     James Green
                                Indian law, and arbitration law.                  possibly one of the best in the entire Tenth
     Connor & Winters
                                   Melodie Freeman-Burney is a director in        District.”
     Melodie Freeman-Burnie     the firm’s litigation department and has 20
     Connor & Winters           years of experience litigating civil matters,
                                including commercial litigation, complex tort
     Michael Medina             and products liability claims, wrongful death
     Frederic Dorwart           lawsuits, class actions, shareholder’s
                                derivative suits, construction disputes, and
     Clyde Muchmore             energy-related cases. Her practice also
     Crowe & Dunlevy            includes both state and federal appellate
                                work. James Green’s 30-year career has been
                                focused on personal injury defense litigation,
                                rental car, insurance coverage litigation and
                                risk management/insurance consultation.

                                Frederic Dorwart
                                Frederic Dorwart’s appellate litigation group
                                works with its trial litigation counterparts to
                                ensure preservation of the record and
                                effective trial and appellate representation
                                and strategizing at every turn. The firm’s
                                appellate attorneys litigate across a broad
                                spectrum of practice areas in state and federal
                                court. Based in Oklahoma, the firm litigates
                                most of its trial and appeals in the Tenth
                                Circuit. Michael Medina is a founding
                                member of the firm and has practiced law for
                                nearly 30 years. His practice includes general
                                business matters, oil and gas transactions,
                                and appellate litigation. Medina brings his
                                former judicial experience to bear on the
                                firm’s effective and recommended appellate
                                practice. He has been recognized for years as
                                one of the best appellate attorneys in the
                                country and is a charter member of the
                                American Academy of Appellate Lawyers.




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                                                                                                         TENTH CIRCUIT



Tenth Circuit litigation     Highly recommended firms                           businesses that rely on forum selection
                                                                                clauses.
firms – Utah                 Snell & Wilmer                                        Robert Clark is one of the lead appellate
                             Snell & Wilmer is a full-service litigation firm   attorneys at the firm and his recommended
Highly recommended           with a highly experienced appellate bench          for appellate litigation in the Tenth Circuit.
                             stacked with attorneys from diverse legal          Clark has extensive experience litigating
Parr Brown Gee & Loveless    backgrounds, including former judges, trial        complex business disputes, representing local
                             litigators, and judicial clerks. Snell &           and national companies with respect to
Snell & Wilmer               Wilmer’s appellate group serves clients            securities, class actions, trade secrets,
                             throughout the Tenth Circuit and other             antitrust, corporate governance, intellectual
                             western states such as Arizona at all levels of    property, shareholder derivative actions, and
                             the appellate process, including US Supreme        numerous other issues. He represents clients
Recommended
                             Court litigation. The firm’s appellate             in state and federal courts including trials,
Holland & Hart               attorneys offer the full range of appellate        arbitrations, temporary restraining orders,
                             services, including representation of amicus       injunctions, actions for declaratory relief,
Holmes Robert & Owen         curiae, applications for extraordinary writs,      appeals, and settlements.
                             pre-trial motions, interlocutory appeals and
Stoel Rives                  appellate consultation at both state and
                             federal trial courts. Snell & Wilmer’s appeals
                             group maintains formidable knowledge and
                             skill in substantive practice areas as well as
Tenth Circuit litigation     appellate procedure, persuasive writing
                             ability, and oral advocacy.
stars – Utah                    Snell & Wilmer maintains offices in
                             Arizona, California, Utah and Colorado, as
Troy Booher                  well as the Ninth and Tenth Circuits, and the
Zimmerman Jones Booher LLC   firm’s appellate attorneys also have the ability
                             to handle appeals and writs in other
Linda Jones                  jurisdictions such as the states of Illinois,
Zimmerman Jones Booher LLC   Virginia and Wisconsin, and the Second,
                             Fourth, Seventh, Eighth, and Eleventh
Michael Zimmerman            Circuits. Along with their court experience,
Zimmerman Jones Booher LLC   the firm’s appellate attorneys have written
                             and lectured on appellate advocacy. Although
Robert Clark                 the Utah outpost of the firm did lose
Parr Brown Gee & Loveless    celebrated appeals specialist Michael
                             Zimmerman in July 2011, when he left to
                             form his own appeals-specific firm
                             Zimmerman Jones Booher LLC, the firm as a
                             whole is still recommended for appellate
                             litigation in the Tenth Circuit.

                             Parr Brown Gee & Loveless
                             Utah-based Parr Brown Gee & Loveless
                             litigates cases on behalf of plaintiffs and
                             defendants at the state and federal levels, and
                             has 10 attorneys dedicated to appeals. This
                             past year, the firm represented Neways in
                             Neways v. Kikuko Kanemura, a case
                             involving two foreign defendants in a
                             proceeding in Utah district court who filed a
                             parallel action in Japan seeking to deprive the
                             Utah court of jurisdiction to hear the claims
                             against them, despite mandatory forum
                             selection clauses selecting Utah as the proper
                             forum. Neways sought an “antisuit
                             injunction” against the defendants barring
                             them from pursuing their improper litigation
                             in Japan. The district court declined to enter
                             the injunction, and that denial is currently on
                             interlocutory appeal to the Utah Supreme
                             Court. This is a potentially impactful appeal
                             because no Utah court has addressed the
                             proper standard for entry of a foreign antisuit
                             injunction, and the federal circuits are
                             currently split on the issue. If accepted, the
                             Utah Supreme Court will establish the
                             governing test in Utah, which has
                             implications for a number of international

                                           THE DEFINITIVE GUIDE TO AMERICA’S LEADING LITIGATION FIRMS & ATTORNEYS                83
     TENTH CIRCUIT



     Tenth Circuit litigation       Highly recommended firms                            Lathrop & Rutledge
                                                                                        Operating out of Cheyenne since 1958, the
     firms – Wyoming                Brown Drew & Massey                                 seven-lawyer firm Lathrop & Rutledge is
                                    Brown Drew & Massey is a Wyoming-based              widely recognized for its expertise in
     Highly recommended             civil litigation firm representing clients at all   insurance defense, personal injury and
                                    levels of litigation in state and federal courts.   medical malpractice while also offering high-
     Brown Drew & Massey            The firm also represents clients in                 quality litigation services in products liability,
                                    administrative, arbitration and mediation           professional liability and construction law
     Law Offices of John Davis      proceedings. The firm represents plaintiffs         matters. As one peer states, “Lathrop &
                                    and defendant in personal injury and                Rutledge is a very good firm and can be easily
     Dray Dyekman Reed & Healey     wrongful death litigation. Morris Massey is         recommended for their work.” As the former
                                    recommended for appellate litigation and            chair of the Wyoming chapter of the
     The Fitzgerald Law Firm
                                    focuses his practice on commercial and              American College of Trial lawyers, name
                                    business litigation, with particular emphasis       partner Kent Rutledge is a distinguished trial
                                    on issues involving natural resources               and appellate lawyer who has been practicing
     Recommended                    litigation.                                         with the firm since 1974. Rutledge is praised
                                                                                        by peers for his significant experience
     Holland & Hart                 Dray Dyekman Reed & Healey                          handling professional liability defense, bad
                                    Dray Dyekman Reed & Healey litigates                faith claims in the insurance industry and
     Lathrop & Rutledge             appeals to the Wyoming Supreme Court, the           products liability litigation.
                                    Tenth Circuit Court of Appeals, and appeals
     Sundahl Powers Kapp & Martin
                                    of all types of state administrative bodies. Its
                                    members are known for their appellate work,
                                    including handling appeals of cases tried by
                                    other lawyers. In addition to appellate
     Tenth Circuit litigation       litigation, the firm litigates trials in the
                                    substantive practice areas of administrative
     stars – Wyoming                law, alternative dispute resolution, banking
                                    and financial regulation, employment law,
     Kay Lynn Bestol                intellectual property, state and mineral
     Sundahl Powers Kapp & Martin   taxation, public utilities, and real estate and
                                    land development, amongst others. Gregory
     John Davis                     Dyekman is recommended for Tenth Circuit
     Law Offices of John Davis      appellate litigation, but is also widely
                                    recognized as one of Wyoming’s best
     Patrick Day
                                    corporate and real estate attorneys.
     Holland & Hart

     Gregory Dyekman                The Fitzgerald Law Firm
     Dray Dyekman Reed & Healey     Sharon Fitzgerald founded the Fitzgerald
                                    Law Firm in 1982 and has built a reputation
     Sharon Fitzgerald              as one of the most formidable plaintiff’s firms
     The Fitzgerald Law Firm        in Wyoming. Fitzgerald is also recommended
                                    for her appellate advocacy record, and has
     Morris Massey                  been involved at the trial and appellate level
     Brown Drew & Massey            in representations involving multimillion-
                                    dollar verdicts and settlements for motorists
     Kent Rutledge                  killed or disabled by trucks, patients, injured
     Lathrop & Rutledge             or killed by doctors, and hospitals and
                                    victims of dangerous products. Fitzgerald has
                                    served on the Advisory Committee for the
                                    United States Court of Appeals for the Tenth
                                    Circuit, the federal appeals court for
                                    Wyoming, Colorado, New Mexico, Utah,
                                    Kansas, and Oklahoma.




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