Experience
Representative Work
- Successfully defended lender liability suit against Brookings South Dakota Bank in Federal District Court for South Dakota in May, 2000. Regularly represents clients in state and federal courts in South Dakota.
- Chemical Separation Technology v. Environmental Chemical Corporation, successful defense against a claim of misappropriation of trade secrets brought by CST. The case involved the clean-up of the Summitville Mine Superfund site. ECC defended by arguing that it acted at the direction of the United State EPA and that CST had no real trade secret. CST sought damages of $178,000,000. Jury found for defendant on all counts.
- Burcham, et al. v. Rocky Mountain Oil. Successful settlement of underground petroleum storage tank leak under “Sunburst” damage theories.
- Jim's Excavating Service v. HKM, Construction litigation case involving claims by a contractor on a municipal water transmission line against the architect/ engineer. Case of first impression in Montana as to whether or not architect/engineer has liability to contractor despite no privity jury award of $381,000.00 -- judgment affirmed by the Montana Supreme Court.
- Central Bank, National Association v. Castle Pines North Metropolitan District of Douglas County, Colorado, et al Trustee, Central Bank, sought mandamus action to enforce the terms of $43,000,000 of finance bonds. A municipal subdivision, Castle Pines North, defended the matter with 21 affirmative defense and "counter-claims." The lower court ruled in favor of the Trustee directing mandamus to the Board to raise taxes to a sufficient level to repay the bonds. The case was settled favorably on appeal.
- Bink v. First Bank West Great Falls, successful defense of First Bank West Great Falls and its parent First Bank System, Inc., against claims of wrongful dismissal from employment.
- Rostad and Rostad Corporation v. Investment Management and Research. Arbitration on behalf of claimant Rostad and Rostad resulting in an award of full compensatory damages, costs and attorneys' fees and punitive damages in excess of $200,000. Award enforced in district court and upheld on appeal to the Ninth Circuit Court of Appeals.
- Current representation of Erickson Petroleum Company who has been sued by homeowners after a gasoline truck overturned and spilled 6,000 gallons of gasoline. The EPA has directed the clean-up.
- In excess of forty trials in state and federal court.
- Representation of numerous clients before courts in fourteen different jurisdictions.
- Numerous successful summary judgment motions in Federal District Court, District of Colorado.
- In excess of 20 arbitrations on behalf of Broker/Dealers before the NASD, FINRA, NYSE, and the American Arbitration Association
News & Resources
Articles
May 14, 2021
July 21, 2020
June 10, 2013
December 20, 2012
Author, "Do's and Don'ts of Arbitration," Montana Defense Lawyers Association, summer publication
1992
News & Press Mentions
August 15, 2024
August 17, 2023
December 6, 2021
October 1, 2021
September 9, 2021
August 27, 2021
July 13, 2021
April 25, 2019
August 15, 2017
January 23, 2017
Events & Speaking Engagements
February 22, 2018
December 5-6, 2016
September 26, 2016
November 19, 2015
November 21, 2014
November 18, 2014
Select Presentations
- Speaker at the State Bar of South Dakota CLE, Unemployment Law - Americans with Disabilities Act, 1993
- Speaker at Employment Law Seminar in Billings, Montana, Sexual Harassment in the Workplace, January, 1992
- Speaker at Colorado Human Resources and Employee Benefits Update, July, 1995
- Speaker at National Business Institute Seminar, Employee Handbooks in Colorado, 1998
Industries & Practices
Franchise & Distribution Law
Explore This Practice View client achievements related to this practice View resources related to this practiceIntellectual Property Litigation
Explore This Practice View client achievements related to this practice View resources related to this practiceEnergy & Natural Resources
Explore This Practice View client achievements related to this practice View resources related to this practiceBanking & Financial Institutions
Explore This Practice View client achievements related to this practice View resources related to this practiceSecurities & Financial Services Litigation & Enforcement
Explore This Practice View client achievements related to this practice View resources related to this practice- Appellate
- Banking & Financial Institutions
- Commercial Litigation
- Construction & Design
- Construction Litigation
- Energy & Natural Resources
- Environmental
- Franchise & Distribution Law
- Intellectual Property Litigation
- Labor & Employment
- Products Liability
- Securities & Financial Services Litigation & Enforcement
- Sustainability
Accolades
- Listed in Best Lawyers in America©, 2018 and 2020-2025
- Named one of “America’s Leading Business Lawyers” by Chambers USA (Litigation: General Commercial), 2016-2024
- Listed in Mountain States Super Lawyers®, 2014-2019 and 2021-2024
- Contributed more than 50 Challenge pro bono hours, 2020, 2022
- Contributed more than 100 Challenge pro bono hours, 2021
- Listed in Colorado Super Lawyers, 2009-2011
- Rated AV Preeminent® by Martindale-Hubbell®
