David brings more than 37 years of trial experience to the firm. His practice is best described as complex commercial litigation with emphasis in professional liability, securities fraud, intellectual property, banking and energy. David has represented numerous clients in the legal profession, banking and financial services, energy, high technology, telecommunications and healthcare industries.

Representative Litigation

• Successfully defended an Am Law 100 firm in two recent professional liability cases
• Won a month long jury trial in U.S. District Court in Colorado defending an international engineering firm in a trade secrets case involving software for network monitoring and fault management 
• Member of a team that successfully defended a large energy utility in a construction dispute and month-long trial concerning a coal-fired power plant in Pueblo, Colorado
• Obtained a preliminary injunction and then successfully settled a case representing a spice merchant in an action concerning misappropriation of trade secrets by former employee 
• Defended the Chief Financial Officer of Vari-L, Inc. in a securities fraud class action, S.E.C. investigation, derivative litigation and criminal prosecution 
• Currently representing a N.Y.S.E. oil and gas company in a case in Wyoming State Court concerning a net profits interest 
• Currently representing one of the largest national banks in a dispute regarding the sale of pools of "stated income" loans
• Successfully negotiated the settlement of an arbitration for an oil and gas company in a coal bed methane dispute 
• Successfully defended a national brokerage house in two jury trials and on appeal, one in federal court and one in state court, in a commodities fraud case
• Won summary judgment for Colorado National Bank, accused of violating the Bank Privacy Act 
• Won a jury trial and appeal on behalf of a Federal Savings Bank in a lender liability action 
• Successfully prosecuted a multi-million dollar claim on behalf of a telecommunications conglomerate in AAA arbitration 
• Represented Colorado National Bank-Pueblo in two trials and numerous appeals involving violations of trust and fiduciary obligations 
• Successfully represented an international engineering firm in a case involving claims of professional liability, environmental contamination and securities fraud 
• Represented a joint venture of two major energy companies in a case involving claims to "Call Rights" in excess of $30 million 
• Led the defense of international technology company in 3 distributorship disputes involving Brazil, Venezuela and Israel
• Successfully defended equipment manufacturer in products liability action in federal court
• Defended title insurance company in state court class action 
• Defended a national brokerage firm in a securities fraud class action where the plaintiffs sought actual damages in excess of $250 million 
• Successfully represented a software manufacturer against claims of misappropriation of trade secrets and interference with contract 
• Tried numerous complex civil jury trials to verdict 
• Tried numerous felony jury trials as a Chief Deputy District Attorney including 10 murder trials and two death penalty cases

Honors

• The Best Lawyers in America — Commercial Litigation, 2010-12
• Super Lawyers — Business Litigation, 2006-11
• Litigation Counsel of America — Fellow

Professional Associations

• American Bar Association
• Colorado Bar Association
• Denver Bar Association
• Colorado Supreme Court — Standing Committee on the Colorado Rules of Professional Conduct
• Colorado Supreme Court — Attorney Regulation Committee, Chairman, 1996-2001
• Colorado Supreme Court — Advisory Committee on Attorney Regulation, Chairman, 2001-present
• Colorado Supreme Court — Chief Justice's Commission on the Legal Profession, 2011

Civic Activities

• Colorado Lawyers Committee — Children's Task Force, Chair; Board member, 2003

Presentations

• Avoiding Malpractice and Disciplinary Complaints
  CLE Street Podcast (2010)
• In-House Counsel Depositions
  Strafford Publications Webinar (2010)
• Attorney-Client Privilege Issues for In-House Counsel
  Faegre & Benson Seminar (2009)
• Legal Writing for Non-Lawyer Audiences
  Denver, Colorado (2005)
• Measuring Damages & Remedies in Commercial Litigation
  Denver, Colorado (2002)
• Conducting an Effective Cross-Examination
  Denver, Colorado (2000 and 2001)

Legal Updates

• Chapter Author
  Colorado Courtroom Handbook for Civil Trials (1998)