Paul J. Lopach
Paul J. Lopach
Paul J. Lopach
Biography
Paul is managing partner in the firm’s Denver office. He previously served as a member of HRO’s Executive Committee and is a multi-faceted litigator who focuses his practice on complex commercial litigation, product liability and negligence cases, natural resource litigation, banking, and intellectual property litigation.
Civic Involvement & Honors
- Super Lawyers, Colorado, 2013–2018
- Super Lawyers Rising Star, Colorado, 2010–2011
- AV Rated by Martindale-Hubbell, AV® Preeminent™ 4.8 out of 5
Professional Affiliations
- New Genesis Homeless Shelter, Board of Directors, 2010–2016
- Notre Dame Alumni Club of Denver, Board of Directors, 2008–present; Club President, 2016–2017
A skilled trial lawyer, Paul has tried numerous jury and bench trials in state and federal court. He recently represented a medical device distributor in a five-day federal jury trial and obtained a $957,000 verdict (including pre-judgment interest) on claims for breach of contract and civil conspiracy. Paul has tried cases on behalf of natural resource companies and railroads. He was a member of the defense team in Austin v. Montana Rail Link, Inc., which the National Law Journal recognized as the Top Toxic Tort Defense Verdict of 2001. Paul has represented corporate clients in toxic tort litigation in several Western states, including personal injury and property damage claims arising from mixed chemical releases and asbestos-related exposures.
Consumer Financial Services Litigation
Paul’s practice also focuses on consumer financial services litigation. He represents financial institutions in complex business litigation matters both locally and nationally before state and federal courts. Paul has defended financial institutions in a variety of cases, including matters alleging violations of the Truth in Lending Act (TILA), Fair Credit Reporting Act (FRCA), Real Estate Settlement Procedures Act (RESPA), Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), as well as state unfair and deceptive acts or practices (UDAP) statutes and other consumer lending statutes and regulations.
Paul also represents businesses in the health and fitness club industry on a wide variety of matters, ranging from disputes arising from the construction of new facilities to personal injury lawsuits involving negligence and product liability claims.
Paul successfully first-chaired a multimillion dollar arbitration on behalf of a Fortune 500 telecommunications company and has litigated various contract lawsuits, trade regulation matters, and breach of fiduciary duty cases. He also represents various corporate clients in patent infringement lawsuits, copyright disputes, and other intellectual property-related litigation.
Admissions
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Colorado, 2003
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Montana, 1997
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U.S. District Court, District of Montana
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U.S. Court of Appeals, Tenth Circuit
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U.S. District Court, District of Colorado
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Supreme Court of the United States
Education
The University of Montana, J.D., 1997
University of Notre Dame, B.A., 1994
Related Practice Areas
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Business & Commercial Disputes
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Campus Free Expression
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Energy & Natural Resources
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Oil, Gas and LNG
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Brownfields
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Citizen Suits/NIMBY
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Clean Air Act
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Clean Water Law
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Compliance Audits and Internal Investigations
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Cost Recovery Litigation (Superfund/CERCLA and State equivalents)
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Criminal Enforcement
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Endangered Species (ESA)
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Environmental Review (NEPA and State EIS laws)
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Hazardous Materials Transportation (HMTA)
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Hazardous Waste (RCRA)
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Insurance Counseling
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International Environmental Law
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Oil Spills
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Pesticides (FIFRA)
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Reporting Requirements (EPCRA, CERCLA, Prop 65 and other state laws)
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Safe Drinking Water (SDWA)
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Solid Waste and Landfills
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Toxic Substances Regulation (TSCA)
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Transactional Work, Including SEC Disclosures
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Underground Injection Control (UIC)
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Water Rights
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Wetlands
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Mobile Source Emissions and Fleet Management
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Environment
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Real Estate
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Employment & Labor
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Cross-border Employment Issues
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Financial Services
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Catastrophic Accidents
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Consumer Fraud
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Consumer Products
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Food, Ag & Nutrition
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Insurance (Class Actions)
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Pharmaceutical & Medical Devices (Class Actions)
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Pharmaceutical & Medical Devices (Mass Torts)
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Litigation & Dispute Resolution
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Agribusiness
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Agtech & Biotech
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Food & Beverage
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Pubs, Clubs & Restaurants
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Mining & Metals
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Class Actions
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Investigations
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Regulation, Compliance & Advisory
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Higher Education Team
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Food & Agribusiness
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Mass Torts & Product Liability
Experience
- Federal Trade Commission v. Your Magazine Provider – Successfully defended telemarketing firm against Federal Trade Commission claims
- State Farm Property and Casualty Company v. Gateway, Inc. – Successfully defended computer manufacturer in subrogation action involving product liability claims
- Low v. Nautilus, Inc. – Successfully defended manufacturer of fitness equipment in action involving negligence and product liability claims
- Great Divider Golf, Inc. v. Sun Mountain Sports, Inc. – Successfully defended golf bag manufacturer against patent infringement claims
- Ohio Spine Network, Inc. v. Lanx, Inc. – Obtained jury verdict of $957,000 (including interest) against medical device manufacturer for breach of a distribution agreement and civil conspiracy
- GAF Materials Corporation v. LTF Real Estate Company, Inc. and FCA Construction, LLC – Successfully defended Life Time Fitness against claims for unjust enrichment, conversion, and foreclosure of mechanic’s lien brought by roofing materials supplier
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