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      Leading litigation firms
      Highly recommended
      Bartlit Beck Herman Palenchar & Scott

      Faegre & Benson                         Natural resource and environmental matters, in addition to products liability
                                              work, are staple litigation issues in this Rocky Mountain state. Firms in Denver
      Hogan & Hartson                         lead the way, not only in the state, but in the region as well.
      Holland & Hart                          Highly recommended firms                            in the mining, oil and gas, manufacturing,
      Holme Roberts & Owen
                                              The Denver office of litigation boutique Bartlit    utility,       insurance,       sports      and
                                              Beck Herman Palenchar & Scott works as both         telecommunications arenas. McCarthy is
      Jacobs Chase Frick Kleinkopf & Kelley   a local and national presence. One insider says     currently involved in ongoing representation of
                                              the “firm is known for work outside of the          a natural gas processing and transmission
      Reilly Pozner & Connelly                region.” According to another insider, Bartlit      company in a matter involving an
                                              Beck is a national firm with a small Denver         administrative agency air quality enforcement
                                              component. Firmwide, the number of attorneys        proceeding. He is also lead counsel for State
                                              reaches about 60, with 21 located in the            Farm Insurance.
      Recommended                             Denver office, From that 21, only 12 are trial          For more than a century, Hogan & Hartson
                                              lawyers. Working on the plaintiffs’ and             has provided the state, country and world with
      Ballard Spahr Andrews & Ingersoll
                                              defendants’ sides, the firm sees a rise in patent   top-notch legal advice and professionalism. In
      Davis Graham & Stubbs                   infringement work, pharmaceutical defense           addition to the three state offices in Denver,
                                              antitrust and financial fraud matters. Fred         Boulder and Colorado Springs, the firm has 22
      Hill & Robbins                          Bartlit and Glen Summers were part of a team        others, including locations in New York, Los
                                              that won a complete defense verdict for the US      Angeles, Miami, Philadelphia, Beijing, Paris
      Rothgerber Johnson & Lyons              surgical division of Covidien in a patent           and the District of Columbia. The litigation
                                              infringement case. In another high-stakes           practice boasts more than 350 attorneys
      Sherman & Howard                        matter, the firm represented Static Control in a    worldwide, with the Denver office noted for its
                                              successful defense fight against Lexmark in a       white-collar crime and environmental
      Wheeler Trigg Kennedy
                                              patent infringement case in the US District         practices. The office developed a niche in
                                              Court of the Eastern District of Kentucky.          environmental-related white-collar criminal
                                              Besides the representation of hedge funds,          litigation.
                                              other firm clients include DuPont and Pioneer            The firm also handles a full-range of
                                              Hi-Bred International, Bayer, Hewlett-Packard,      litigation matters, including antitrust, class
                                              Johnson & Johnson, Mayo Clinic,                     actions, securities, labor and employment,
                                              RealNetworks, Samsung Electronics, Tyco             intellectual property and both products and
                                              International and 3M.                               professional liabilities. Representative clients
                                                  With an international feel, the Colorado-       include Amgen, ChevronTexaco, Janus Capital
                                              based Faegre & Benson grasps complex                Group, Metropolitan Football Stadium District
                                              litigation, including antitrust, consumer fraud     and Wolf Creek Ski Area.
                                              and medical defense work. The firm acts as              A recent merger with Nevada-based firm
                                              part of DuPont’s legal service network,             Hale Lane Peek Dennison & Howard only
                                              providing the company with litigation support       adds to the bench strength of Holland & Hart,
                                              and acts as national coordinating counsel for       which already boasts five offices in the state,
                                              chemical crop protection litigation. The Faegre     including Denver, Boulder, Colorado Springs
                                              team also served as the lead plaintiff’s counsel    and Aspen locations. The firm, founded in
                                              at trial during the Exxon Valdez matters,           1947, now includes more than 400 attorneys
                                              resulting in the largest punitive damage award      throughout seven states and the District of
                                              in US history.                                      Columbia. Already the largest Colorado-based
                                                  The firm counsels various insurance carriers    law firm, Holland & Hart’s team of litigators
                                              in Employment Retirement Income Security            has extensive experience in plaintiffs’ and
                                              Act matters and employment liability litigation.    defense-side cases, in regards to products
                                              Beyond Denver and Boulder offices, the firm         liability, white-collar crime and environmental
                                              has locations in Minnesota and Iowa, as well as     litigation. Recently, the firm successfully
                                              overseas shops in London, Frankfort and             represented Costa Rican farmers in a $26
                                              Shanghai. Partner Michael McCarthy is               million trial matter concerning a defective
                                              recognized for his work in the complex              pesticide. Class action work includes recent
                                              commercial and environmental litigation             representation of Brown-Forman in an
                                              arena. Practicing for more than 30 years, he        allegation of marketing to underage drinkers.
                                              developed a client base to include natural gas      Generalist litigator Scott Barker is recognized
                                              pipeline and processing businesses, companies       for his work in complex litigation matters.

                                              “One-stop-shop Jacobs Chase Frick Kleinkopf & Kelley is a
                                              ‘real trial group that really ‘gets it,’’ boasting 36 total
                                              attorneys in its Denver office.”

102                           Litigation

With more than 70 trials in seven states to his      expertise in consumer class actions and              Local litigation stars
name, Barker has experience in a vast array of       intellectual property work. Sports litigation is
litigation matters, including oil and gas,           another budding practice, as seen through            Scott Barker
environmental, toxic tort, products liability,       partner Larry Pozner’s representation of the         Holland & Hart
antitrust, commercial, construction, banking         Denver Broncos in a matter seeking rescission
and real estate. The firm defended Kerr-McGee        of the contract upon purchasing by the present       Jeffrey Chase
Oil and Gas Company in a qui tam action,             owner. He successfully represented the Broncos       Jacobs Chase Frick Kleinkopf & Kelley
which was dismissed post-trial.                      Football Club when it was a sued in a multi-
    Covering a wide variety of litigation            claim civil action, with damages totaling $150       Ann Frick
specialties, including employment, bankruptcy        million. Partner Daniel Reilly is recognized as      Jacobs Chase Frick Kleinkopf & Kelley
and securities work, international presence          an “excellent lawyer” as well.
Holme Roberts Owen has more than 250                                                                      Dale Harris
attorneys in nine offices throughout the             Recommended firms                                    Davis Graham & Stubbs
western US, as well as locations in London and       Products liability, construction and white-
                                                                                                          Robert Hill
Munich. Almost one-third of the firm’s               collar work are the three staple specialties at      Hill & Robbins
attorneys are devoted to litigation, with            national firm Ballard Spahr Andrews &
popular subgroups now including intellectual         Ingersoll, whose foundation in the Rocky             James Lyons
property, antitrust, employment and sports           Mountain region can be traced to the firm’s          Rothgerber Johnson & Lyons
litigation. The firm was heavily involved in         Denver office. The group also has considerable
representing the United States’ Anti-Doping          presence on the west coast, with Los Angeles,        Michael McCarthy
Agency, with a majority of manpower coming           Las Vegas, Salt Lake City and Phoenix offices,       Faegre & Benson
from the Colorado Springs office. Partner            as well as the east, with shops in Atlanta,
Richard Young led a group, which aimed to            Baltimore, Philadelphia, the District of             Larry Pozner
prove that 2006 Tour de France Champion              Columbia and Bethesda, Md. The Denver                Reilly Pozner & Connelly
Floyd Landis’ positive drug test results were        office maintains a strong litigation presence,
                                                                                                          Roger Thomasch
credible and, therefore, enforceable. The firm       which is the firm’s largest group. In its products
                                                                                                          Ballard Spahr Andrews & Ingersoll
also works for the recording industry against        group, attorneys represent clients in matters
illegal down loaders. In a recent case for client    stemming from alleged injuries due to                Lawrence Treece
Coors Brewing, the firm won summary                  pharmaceuticals, medical device, asbestos,           Sherman & Howard
judgment when a plaintiff claimed he owned           construction equipment and aircrafts. Recent
trademark rights to the “Beer Man” character.        matters handled in the construction group            Malcolm Wheeler
The court concluded that the name was a              include defending a large power technology           Wheeler Trigg & Kennedy
general term and ruled in favor of Coors.            company in litigation brought by 18 dairy
    One-stop-shop Jacobs Chase Frick                 farms after the company designed and
Kleinkopf & Kelley is a “real trial group that       constructed high voltage direct current
really ‘gets it’,” boasting 36 total attorneys in    converter stations in Utah. Another
its Denver office. The firm formed more than         representative matter includes a resort client
12 years ago, when attorneys split from              suing a general contractor on lien claims as well
powerhouse Holme Roberts Owen. Now, “the             as the issuer of payment and performance
firm has been growing strong ever since,”            surety bonds. Other firm clients include
insiders say. The litigation team of more than a     DuPont and the US Women’s National Soccer
dozen attorneys handle matters mostly in             Team, which the firm began representing in
complex commercial arenas, with antitrust,           1999. Litigation department chairman Roger
securities and patent work. The firm recently        Thomasch has more than 35 years litigation
settled large consumer class actions on both the     experience, trying to verdict a variety of
plaintiff and defense sides. The “very talented”     business and commercial issues. A generalist,
Jeffrey Chase recently achieved the largest          Thomasch takes on cases involving securities
verdict in state history at $125.5 million total     fraud, product liability, trade secrets and
for client United International Holdings. “He is     intellectual property, oil and gas and
renowned for being able to tell a great story to     shareholder litigation. He is known for his
the jury,” says one peer. “You are not going to      longtime representation of client Goodyear in
score a goal if you don’t take shots.” Peers go      products liability disputes.
on to say he is “one of the great trial lawyers in       With one office located in Denver, Davis
Colorado.” Chase works primarily in the areas        Graham & Stubbs establishes itself as a leader
of securities, telecommunications, legal             in the regional marketplace. A full-service
malpractice, corporate governance and                litigation shop, the firm has particular expertise
banking.                                             in natural resources matters, as well as antitrust
    Fellow partner Ann Frick is one of the “top      and class action work. Recently, attorneys
10 female lawyers in the country,” according to      represented clients HCA and HealthONE in a
sources. Frick, with a “tremendous                   federal antitrust matter brought against the
reputation,” is noted for her mediation and          companies by United Healthcare. Although
arbitration practice.                                recently named of-counsel, longtime litigator
    With a small pool of attorneys, Denver           Dale Harris is repeatedly recognized for his
boutique Reilly Pozner & Connelly handles            litigation expertise, as well as more recent
civil and commercial litigation matters              mediation and arbitration practice. His broad
nationally, for both plaintiffs and defendants.      commercial litigation practice includes
“The firm takes it to the hoop,” says one            complex business work and matters relating to
competitor. The litigation group deals               antitrust, securities, business torts and fraud.
primarily with oil and gas matters, but also has         Denver’s Hill & Robbins was founded by

                                                                   THE DEFINITIVE GUIDE TO AMERICA’S LEADING LITIGATION FIRMS & ATTORNEYS           103

      Future stars                            two professionals: David Robbins, who                presence in Colorado, Arizona and Nevada
                                              served as deputy attorney general and head of        Sherman & Howard becomes a leader in the
      Mark Bailey                             the Natural Resources Division of the                region for class action defense work. The firm
      Reilly Pozner & Connelly                Colorado Attorney General’s office, and              represented various insurance, oil and other
                                              Robert Hill, founder and director of the             companies in national class actions. The firm’s
      Michael Berger                          Antitrust Division of the Colorado Attorney          construction and telecommunications practices
      Jacobs Chase Frick Kleinkopf & Kelley   General’s office. More than 30 years passed          also come highly acclaimed. Noted for a bench
                                              since the firm’s establishment and the               of lawyers young and old, the firm’s
      Robert Blume                            boutique-feel has not changed since that time.       construction team is called one of “the best in
      Gibson Dunn & Crutcher                  The firm of 10 attorneys handles matters             the region.” The recent addition of Colin Reid,
                                              mostly related to complex litigation in federal      the former vice president and general counsel
      Kenzo Kawanabe                          court, but plaintiff’s class action work and         of TIC Holdings, added to a group currently
      Davis Graham & Stubbs                   antitrust matters frequently get thrown into         handling a matter for client Vail Associates in a
                                              the mix as well. In antitrust matters, the firm      dispute over a ski area in Utah. Representing a
      Timothy McDonald
      Arnold & Porter
                                              represents       healthcare-related       outlets,   number of wireless, landline and cable
                                              hospitals and physician organizations.               providers, the firm’s telecommunications group
      Kyle Velte                              Recently, Hill & Robbins handled cases for           boasts a client base including Liberty Media,
      Reilly Pozner & Connelly                client Starz Encore Group in commercial              Qwest and Echostar. The firm usually
                                              disputes with AT&T Broadband, Comcast                represents insurance policy holders, a rare
                                              and the Walt Disney Company. Several class           occurrence in the Denver legal marketplace.
                                              actions were recently completed or are               The firm recently represented a local bank in a
                                              pending for the firm, including Hill’s               Ponzi Scheme matter, in which the case settled
                                              representation of a class of 270,000 plan            favorably. Partner Lawrence Treece is noted for
                                              participants against IBM in a pension-related        his extensive work in complex corporate and
                                              matter. The judge ruled IBM’s amendment of           commercial matters, including securities,
                                              its traditionally defined benefit plan to a cash     antitrust, corporate governance, breach of
                                              balance plan was age discriminatory,                 contract claims and business tort litigation. He
                                              resulting in a more than $300 million                recently recieved a defense verdict for a client
                                              settlement. Other pending class actions              accused of fraud, breach of fiduciary duties and
                                              include classes against State Farm Mutual            breach of contract arising out of a failed effort
                                              Automobile Insurance, Gannett Retirement             to acquire six cable regions in Germany. He is
                                              Plan, American Mutual Insurance Company              involved in efforts to recover losses suffered in
                                              and EchoStar Satellite Corporation. The firm         a securities lending program maintained by a
                                              represents      the    Rio     Grande      Water     major bank and he also act as lead trial counsel
                                              Conservation District, Banner Health,                in the Utah ski resort matter.
                                              Liberty Media, the State of Colorado and the            Focusing on complex litigation, Denver-
                                              City of Colorado Springs, which the firm             based Wheeler Trigg Kennedy is best known
                                              currently represents in a matter concerning          for its successful products liability practice.
                                              the city’s alleged inadequate wastewater             Defending the first defective airbag case to
                                              system.                                              verdict, the firm counts Ford as one of its
                                                  For more than 100 years, Rothgerber              major clients in the automotive arena. In a
                                              Johnson & Lyons has provided the region with         recent class action, Wheeler Trigg obtained
                                              its legal services, growing into a group of 75       dismissal of an action against a national
                                              attorneys in three locations. The firm operates      financial institution accused of discriminating
                                              primarily out of its Denver office, with an          in its lending practices. In a recent ERISA
                                              additional spot in Colorado Springs. The group       class action, the firm won summary judgment
                                              began as a bankruptcy and collections practice       in the US District Court of the Southern
                                              in the early 1900s, but grew into a more diverse     District of Indiana representing a major
                                              commercial practice, with an emphasis on             manufacturing firm. The firm’s long list of
                                              antitrust, white-collar and general commercial       Fortune 500 representative clients includes
                                              matters. Partner James Lyons has more than 35        AT&T, Honda, DuPont, BMW, Mazda,
                                              years of trial experience, with particular           Procter & Gamble and Wyeth.
                                              attention paid to the area of complex business          Partner Malcolm Wheeler is recognized not
                                              litigation in corporate, securities and insurance    only for his complex business litigation
                                              disputes. He recently represented a plaintiff in     expertise and products work, but also as a
                                              a breach of contract claim against the owner of      “tremendous lawyer and a nice guy.” The
                                              Steamboat Springs Ski Resort for failure to          “very talented trial lawyer” recently
                                              close on an $87.5 million contract of sale. He       represented Pfizer in a products claim
                                              also led trial defense counsel in one of the         regarding antidepressants. The plaintiff’s
                                              largest Superfund cases in the country, which        claims were found to be preempted. Wheeler
                                              settled favorably. Lyons is “a very talented         also acts as lead counsel for an automobile
                                              federal trial litigator,” says one competitor.       manufacturer in a consumer-fraud class action
                                              Other representative clients include the City        with claims exceeding $2 billion. The suit
                                              and County of Denver and Qwest                       claims the company’s false advertising misled
                                              Communications.                                      more than 400,000 people in California to pay
                                                  With more than 160 attorneys and a               more that they should have for their cars.

104                           Litigation