Timothy R. Beyer
Timothy R. Beyer
Timothy R. Beyer
Biography
Tim is an experienced trial attorney, focusing on antitrust and other commercial and complex litigation, international and U.S. arbitrations, and appeals. In his 40-year practice he has tried more than 30 cases in many areas, including antitrust, securities, telecommunications and oil & gas. He has argued and won appeals in the Tenth Circuit and Third Circuit courts of appeals, the Missouri Supreme Court, the Colorado Court of Appeals, and the Missouri Court of Appeals.
Recent successes include a complete defense verdict in an oil and gas antitrust trial in which plaintiffs sought damages that after trebling could have reached over $1 billion; a complete defense verdict in a multi-million dollar trial involving claims for fiduciary duty; a bet-the-company trial in the golf industry; a municipal tax trial win saving his client nearly $50 million, and successful argument on appeal to the Missouri Supreme Court; a FINRA arbitration; two antitrust cases he won in federal district court and successfully argued in the 10th Circuit, and a reversal of a $55 million judgment in the Missouri Court of Appeals. Tim recently handled a $30 million arbitration in the London Court of International Arbitration (“LCIA”) in the telecom industry and an LCIA arbitration involving more than $100 million in the oil and gas industry. Tim was also lead counsel in the U.S. Supreme Court for Qwest Communications in Bell Atlantic v. Twombly.
Tim’s practice also involves representing companies and individuals in government investigations brought by the Department of Justice, Federal Trade Commission, Securities and Exchange Commission, Commodity Futures Trading Commission and Colorado Attorney General.
He was named Colorado Antitrust "Lawyer of the Year" by Best Lawyers in America 2020. Tim has been listed in Chambers USA for commercial litigation since 2008, Best Lawyers in America for commercial litigation, antitrust litigation and securities/capital markets law, Colorado Super Lawyers, and 5280 Magazine’s Denver’s Top Attorneys for Antitrust, and is a Fellow of the American Bar Foundation.
Civic Involvement & Honors
- Chambers USA, America's Leading Business Lawyers (2008-Present)
- Best Lawyers in America – Lawyer of the Year in Litigation – Antitrust in Denver (2022)
- Best Lawyers in America, 2011-Present
- 5280 Magazine's Denver's Top Attorneys - Antitrust
- Colorado Super Lawyers
- Fellow, American Bar Foundation
Professional Affiliations
- American Bar Association
- Colorado Bar Association
Admissions
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Colorado, 1982
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United States Supreme CourtUnited States Courts of Appeals for the Third, Ninth and Tenth CircuitsUnited States District Court for the District of ColoradoAdmitted to handle specific cases in state and federal courts in California, New York, Delaware, Florida, Wyoming, Montana, Illinois, New Mexico, Oklahoma, Washington, Wisconsin and Utah
Education
University of Michigan Law School, J.D., 1982
University of Michigan, B.A.,with honors, 1978
Related Practice Areas
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Business & Commercial Disputes
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Finance
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Litigation & Dispute Resolution
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Antitrust Class Actions
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Shareholder Securities and Mergers & Acquisitions
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Food, Ag & Nutrition (Class Actions)
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Employment Class & Collective Actions
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Sports (Class Actions)
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Data Privacy, Telecommunications & Collections
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Toxic Tort
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Energy & Natural Resources
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M&A Disputes
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Class Actions
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Appellate
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Securities Litigation and Enforcement
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Oil, Gas and LNG
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Antitrust
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Investigations
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Regulation, Compliance & Advisory
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Financial Services
Experience
Antitrust
- Currently representing a Defendant in Real Page class action antitrust case alleging price fixing in student housing.
- Currently representing a Defendant in Red Meat class action antitrust case alleging wage fixing among red meat processors.
- Currently representing a Defendant in Home Lots class action antitrust case alleging price fixing in mobile homes.
- Currently representing Defendants in class action antitrust cases in multiple jurisdictions alleging price fixing in real estate commissions.
- Lead counsel for Qwest Communications in landmark case of Bell Atlantic v. Twombly, 550 U.S. 544.
- Won complete defense verdict after trial on Section 1 bid-rigging claim in oil and gas case in which actual damages sought (before trebling) were up to $350 million.
- Won summary judgment in federal court (D. Colo.) in gas transportation case alleging conspiracy to monopolize and concerted refusal to deal, in which Plaintiff sought damages in excess of $300 million. Successfully argued appeal in Tenth Circuit Court of Appeals. Buccaneer Energy (USA) Inc. v. Gunnison Energy Corporation, 846 F.3d 1297 (10th Cir. 2017)
- Successfully defended the International Cricket Council in an antitrust bid rigging case brought in federal court in Denver by the unsuccessful bidder in an RFP process to start a sanctioned cricket league in the US. Obtained dismissal.
- Won dismissal in federal court (D. Colo.) in a Section 1 and Section 2 oil and gas antitrust case seeking more than $100 million. Successfully argued appeal in Tenth Circuit Court of Appeals. Riviera Drilling & Exploration Co. v. Gunnison Energy Corp., 412 Fed. Appx. 89 (10th Cir. 2011)
- Achieved settlement under Tunney Act of DOJ antitrust case and related False Claims Act case involving claims of bid rigging in BLM auction for federal oil and gas leases. United States of America v. SG Interests I, Ltd., et al., Dist. Ct. Colo. 12CV00395 (2012 BL 327120)
- Represented one of six defendants in a Section 1 antitrust case in federal court in Oklahoma City (W.D. Okla.), in which Plaintiff sought more than $500 million in lost profits damages. After seven years of litigation, including a precedent setting decision by the 10th Circuit on the standard for direct evidence of conspiracy, the case settled during trial. Champagne Metals v. Ken-Mac Metals, Inc., 458 F.3d 1073 (10th Cir. 2006)
- Successfully defended Trans-Canada Pipelines in a gas transportation antitrust case in Federal Court in Montana. Paladin Associates, Inc. v. Montana Power Co, 97 F. Supp. 2d 1013 (D. Mont. 2000)
- Defended Coach (USA) in an antitrust case brought in California state court under Cartwright Act.
- Represented United Airlines in an antitrust investigation by the Colorado Attorney General involving air service to rural airports in Colorado.
Securities
- Won defense verdict in trial in Denver District Court in multi-million dollar breach of fiduciary duty claim involving securities trading activities of an LLC manager.
- Obtained successful outcome in a FINRA arbitration in which the claimant sought millions in commissions from an investment fund in the FCC spectrum auction business.
- Helped secure dismissal on behalf of officers and directors of Quiznos in securities fraud case brought in federal court in Denver (D. Colo.) by distressed debt investors, arising out of 2012 restructuring. Dismissal was affirmed on appeal. Capital Mgmt. II, LP v. Schaden, 843 F.3d 876 (10th Cir. 2016)
- Represented officers and directors of Teletech Holdings Inc. in the $11 million settlement of a class action securities fraud case in the Southern District of New York and a shareholder derivative case in Delaware, involving allegations of options backdating.
- Represented officers and directors of Delta Petroleum Company in shareholder derivative suit in federal court in Denver, involving allegations of options backdating; obtained dismissal of all claims.
- Represented the lead defendant in federal court case brought by the Commodities Future Trading Commission (CFTC) alleging manipulation of natural gas trading markets.
- Argued and won appeal (2013) in Colorado Court of Appeals, reversing trial court decision on $7.5 million contract case involving sale of securities.
Other Oil and Gas Cases
- LCIA arbitration in London involving $100 million in post-closing adjustments arising from sale of international oil and gas assets.
- Obtained dismissal of all claims against oil company brought in Denver District Court by overriding royalty owner.
- Won trial in Colorado state court, involving control of a $90 million natural gas pipeline. Argued and won appeal (2014) in Colorado Court of Appeals. Gunnison Energy Corp. v. SG Interests I, Ltd.
- Won arbitration involving control of a jointly owned natural gas pipeline.
Other Telecom Cases
- Won bench trial in Missouri on behalf of CenturyLink against municipalities' claims for additional business license tax. Plaintiff cities sought more than $48 million in tax and penalties and recovered less than $2 million. Argued case before Missouri Supreme Court, which issued landmark opinion affirming client’s trial success.
- Argued and won complete reversal in Missouri Court of Appeals of $55 million dollar judgment in municipal business license tax case.
- LCIA arbitration in London involving data center colocation contract dispute.
- Won jury trial and appeal for Qwest Communications in a $10 million dollar claim case alleging negligence in listing the plaintiff in books and directory assistance.
- Lead trial counsel in two-week arbitration for Qwest Communications in wholesale pricing dispute, before JAMS in New York; won $10 million award.
- Won summary judgment for Qwest Communications in a case alleging negligence in the disclosure of a Boulder County safehouse and successfully argued case on appeal. Safehouse Progressive Alliance for Nonviolence, Inc. v. Qwest, 174 P.3d 821 (Colo. Ct. App. 2007)
- Represented Qwest Communications in a nationwide consumer fraud class action in Madison County, Illinois, involving the Universal Services Fund.
Resources
Publications
- “Tangled Relationships: Antitrust Considerations, Recent Enforcement Actions, and Proposed Solutions When Using AMIs and Other Forms of Collaboration in Acquiring Leases,” 59 Rocky Mt. Min. L. Inst. 13-1 (2013)
- "Pleading Standards After Twombly: Surviving a Motion to Dismiss," The Colorado Lawyer, April 2008
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