Brandee Caswell is an experienced trial lawyer who has successfully litigated numerous cases in both state and federal court. She brings first-chair trial and appellate experience to clients of Faegre Baker Daniels, handling cases from inception to conclusion. Her practice focuses primarily on complex real estate, construction, eminent domain, and natural resources litigation. Brandee also regularly counsels clients with general commercial disputes. In her eminent domain practice, Brandee has developed expertise the protection and acquisition of rights-of-way for energy companies. Brandee also continues to work on complex oil and gas litigation in Colorado and Wyoming. Finally, Brandee is considered an expert on the Federal Telephone Consumer Protection Act and its state analogues.

Her litigation experience includes:

• Representing utility and pipeline companies in acquiring right-of-way corridor for energy projects
• Representing landowners relating to easements, rights-of-way, land use, and procuring entitlements
• Representing owners and contractors in construction-related disputes
• Lead trial and appellate counsel in setting state and national legal precedent under Federal Telephone Consumer Protection Act
• Representing oil and gas companies in royalty-related litigation
• Prosecuting suits to enforce stock and asset purchase agreements, recovery under promissory notes and non-compete agreements
• Arbitration and mediation of numerous commercial disputes
• Obtaining and defending against temporary restraining orders and preliminary injunctions in state and federal court
• Numerous lease and landlord-tenant actions on behalf of real estate investment trust companies and other large real estate holding companies
• Representing commercial and residential lenders in disputes involving prepayment charges in promissory notes
• Prosecuting numerous "spurious lien" actions to clear liens and other encumbrances from real property titles

Published Decisions

• Bd. of Comm'rs v. Colorado Dept. of Public Health and Environment, 218 P.3d 336 (Colo. 2009)
• Sinclair Transp. Co. v. Sandberg, --- P.3d ----, 2009 WL 2960932 (Colo. App. 2009)
• Regency Realty Investors, LLC v. Cleary Fire Protection, Inc.,--- P.3d ----, 2009 WL 2782228 (Colo. App. 2009)
• Betterview Investments, LLC v. Public Service Co. of Colorado, 198 P.3d 1258 (Colo. App. 2008).
• Kruse v. Mckenna, 178 P.3d 1198 (Colo. 2008) (Amicus Curiae)
• U.S. Fax Law Center, Inc., v. iHire, Inc., 476 F.3d 1112 (10th Cir. 2007)
• U.S. Fax Law Center, Inc., v. iHire, Inc., 362 F.Supp.2d 1248 (D.Colo. 2005)
• Preserve at the Fort, Ltd. V. Prudential Huntoon Paige Assoc., 129 P.3d 1015 (Colo. App. 2004)
• U.S. Fax Law Center, Inc. v. iHire, Inc., 374 F.Supp.2d 924 (D.Colo. 2005)

Honors

• Colorado Rising Stars, Super Lawyers — Eminent Domain, 2012
• Super Lawyers — Business Litigation, 2011

Professional Associations

• Rocky Mountain Mineral Law Foundation
• International Right-of-Way Association

Clerkships

• Kansas Supreme Court, Hon. Fred N. Six, 1998-2000

Presentations

• Eminent Domain at 10,000 feet: Overview of an Eminent Domain Proceeding
  ALI ABA 2010 Condemnation 101
• Real Estate Law
  IRWA SR/WA Comprehensive Exam Review Seminar (2008)
• Schulhoff and Vail Associates 40 Years Later
  CLE International (2008)
• Must Compensation Be Fair to the Condemner and Condemnee?
  CLE International (2008)

Legal Updates

• A Primer and Update on Damage Claims Based on Fear and Stigma
  ABA, The Practical Real Estate Lawyer (2012)
• Regulating Faxing Activity under State and Federal Law
  Colorado Lawyer (2005)
• Covenants Against Competition in Franchise Agreements
  ABA (Peter Klarfeld, ed. 2d ed. 2003) (Colorado Chapter Author)