Tim is an experienced trial attorney, focusing on commercial and complex litigation, arbitrations and appeals.  In his 35-year practice he has handled and tried cases in many areas, including antitrust, securities, telecommunications, oil & gas and class actions, and has handled appeals in multiple jurisdictions, including making successful arguments before the Colorado Court of Appeals and the Tenth Circuit and Third Circuit courts of appeals.  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.

Tim maintains an active trial practice, and has tried more than 30 cases, including jury trials, bench trials and arbitrations, in federal and state courts across the country. 

Tim has been listed in Chambers USA for commercial litigation from 2008-2018, Best Lawyers In America for commercial litigation and securities/capital markets law, Colorado Super Lawyers, 5280 Magazine’s Denver’s Top Attorneys for Antitrust, and is a Fellow of the Litigation Counsel of America.

Civic Involvement & Honors

    • Chambers USA, America's Leading Business Lawyers (2008-2018)
    • Best Lawyers in America (2011-2019)
    • Colorado Super Lawyers (2008-2017)
    • 5280 Magazine's Denver's Top Attorneys - Antitrust (2015-2017)
    • Fellow, Litigation Counsel of America
    • Fellow, American Bar Foundation
    • Roundup River Ranch, Board Vice-Chair
    • 5280 Magazine's Denver's Top Attorneys - Antitrust (2015-2017)
    • Fellow, Litigation Counsel of America
    • Fellow, American Bar Foundation
    • Roundup River Ranch, Board Vice-Chair
    • Fellow, American Bar Foundation
    • Roundup River Ranch, Board Vice-Chair
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Professional Affiliations

    • American Bar Association
    • Colorado Bar Association
    • Diversity Law Institute
    • Trial Law Institute
    • Diversity Law Institute
    • Trial Law Institute
    • Trial Law Institute
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Representative Experience

Antitrust

  • 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.
  • Lead counsel for Qwest Communications in landmark case of Bell Atlantic v. Twombly, 550 U.S. 544.
  • 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)
  • 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., S. Dist. Ct. Colo. 12CV00395 (2012 BL 327120)
  • 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)
  • Represented Metalwest, one of six defendants in a large antitrust case in federal court in Oklahoma City (W.D. Okla.).  Plaintiff sought more than $500 million in lost profits damages, alleging a group boycott under Section 1 of the Sherman Act.  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.
  • Defended Aspen PHO in an antitrust investigation brought by the FTC for price fixing.
    Securities
  •     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.
  • Won jury trial and appeal for Qwest Communications in a 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.

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