Brandee Caswell is the head of the firm's real estate litigation practice. She focuses on complex and high value real estate-related matters. From real estate development and finance disputes in excess of $75,000,000, to urban renewal projects for shopping centers, to energy corridor projects over 100 miles long, Brandee brings a rare combination of litigation and project management experience to clients of Faegre Baker Daniels. She is an experienced first-chair trial lawyer who has successfully litigated cases in both state and federal court in numerous jurisdictions including Colorado, California, Illinois, Florida, Oklahoma, Texas and Wyoming.
Brandee's practice areas include:
Complex Real Estate, Eminent Domain and Finance Litigation
Brandee's experience includes:
- Representing landowners, including retail shopping center owners, anchors and tenants, in lease disputes, eminent domain and urban renewal matters.
- Representing energy companies in acquiring right-of-way corridor for energy projects.
- Representing wind energy company in lease and easement disputes involving 300 megawatt wind energy conversion project.
- Representing national and international financial institutions in litigation to enforce financial covenants and protect long-term revenue streams (including tax increment and municipal/special district financing).
- Litigating sophisticated landlord-tenant disputes on behalf of both national retail tenants and owners including REIT's.
- Representing oil and gas companies in multimillion-dollar royalty-related litigation.
- Representing landowners relating to leases, easements, rights-of-way, land use and procuring entitlements.
Brandee is a frequent lecturer and presenter on real estate and eminent domain issues at local and national seminars. Her representative clients include BNP Paribas, Dillard's, Inc., Shepler's Western Wear, and Boston Market Corporation.
Telephone Consumer Protection Act Litigation
Brandee is widely known for her expertise on the Federal Telephone Consumer Protection Act (TCPA) and state analogues. Her representative experience in this area includes:
- Lead trial counsel in defending putative class actions under the TCPA involving text messages for major retailers, including Target, and social media company Path.
- Lead trial and appellate counsel in setting state and national legal precedent under Federal Telephone Consumer Protection Act and continued defense of TCPA putative class actions.
- Serving as a consultant and testifying expert on the Federal Telephone Consumer Protection Act for various clients and cases.
Brandee's successful litigation results are also reflected in published decisions, including:
- BNP Paribas v. City of Centennial , 2011 WL 5864087, 18 No. 2 Fed. Discovery News 10 (D. Colo. Nov. 21, 2011) (tax increment financing dispute)
- Bd. of Comm'rs v. Colorado Dept. of Public Health and Environment , 218 P.3d 336 (Colo. 2009) (land use permit litigation)
- Regency Realty Investors, LLC v. Cleary Fire Protection, Inc., 260P.3d 1 (Colo. App. 2009) (construction defect litigation)
- Kruse v. Mckenna , 178 P.3d 1198 (Colo. 2008) (Amicus Curiae) (TCPA litigation)
- U.S. Fax Law Center, Inc., v. iHire, Inc. , 476 F.3d 1112 (10th Cir. 2007) (TCPA litigation)
- U.S. Fax Law Center, Inc., v. iHire, Inc. , 362 F.Supp.2d 1248 (D.Colo. 2005) (TCPA litigation)
- U.S. Fax Law Center, Inc. v. iHire, Inc. , 374 F.Supp.2d 924 (D.Colo. 2005) (TCPA litigation)
- Preserve at the Fort, Ltd. V. Prudential Huntoon Paige Assoc. , 129 P.3d 1015 (Colo. App. 2004) (Real estate finance litigation)
- National Veterans Legal Services Program – Lawyers Serving Warriors Program
- Law Week Colorado — Top Litigator, 2017
- Colorado Rising Stars, Super Lawyers — Eminent Domain, 2012
- Super Lawyers — Business Litigation, 2011,14; Eminent Domain, 2015-17
- Denver Business Journal — Forty Under 40, 2010
- Rocky Mountain Mineral Law Foundation
- International Right-of-Way Association
- Downtown Denver YMCA — Volunteer of the Year, 2011 and 2013
- University of Kansas Law School — Board of Governors, Current
- YMCA of Metropolitan Denver — Board of Trustees, 2012-Present
- Downtown YMCA — Board of Advisors (Chair)
- Kansas Supreme Court, Hon. Fred N. Six, 1998-2000
- Redeveloping Shopping Centers Through Urban Renewal Post-Kelo
ALI-CLE 2014 Eminent Domain and Land Valuation Litigation
- Opening Statements in Eminent Cases
ALI-CLE 2013 Condemnation 101: How to Prepare and Present an Eminent Domain Case
- Fear and Loathing from San Bruno: A Primer and Update on Damage Claims Based on Fear and Stigma
ALI ABA 2012 Eminent Domain and Land Value Litigation
- Core Valuation Concepts – Learn the Rules and Understand the Exceptions
ALI ABA 2011 Eminent Domain at 10,000 feet: Simplifying the Complex
- 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
- CBA Annual Survey of Colorado Law (42nd Ed. 2013)
Eminent Domain (chapter author)
- CBA Annual Survey of Colorado Law (42nd Ed. 2012)
Eminent Domain (chapter co-author)
- Opening Statements in Eminent Domain Cases
Co-author, The Practical Real Estate Lawyer , American Bar Association, 2013
- Covenants Against Competition in Franchise Agreements
Co-author, Colorado chapter (Michael Gray, ed. 3rd ed. 2012), American Bar Association
- A Primer and Update on Damage Claims Based on Fear and Stigma
The Practical Real Estate Lawyer , American Bar Association, 2012
- Regulating Faxing Activity under State and Federal Law
Colorado Lawyer , 2005