BEST IN SHOW

Congratulations to this year’s Barrister’s Choice winners. Find the complete list, with the winners of our readers’ People’s Choice selections inside.

Supreme Court Justice Real Estate Lawyer Criminal Defense Lawyer Killmer Lane & Newman Barrister’s Choice: Nathan Coats Barrister’s Choice: Jay Kamlet, Barrister’s Choice: Pam Mackey, Kamlet Law Haddon Morgan Foreman Employment Lawyer - Defendants Court of Appeals Judge Barrister’s Choice: Amy Miletich, Barrister’s Choice: Neeti Pawar Banking Lawyer Criminal Defense – White Collar Miletich PC Barrister’s Choice: Christian Crime Lawyer State Trial Court Judge Otteson, Shapiro Bieging Barber Barrister’s Choice: Patrick Ridley, Disability Law Lawyer Barrister’s Choice: Morris Hoff- Otteson Ridley McGreevy & Winocur Barrister’s Choice: Steven Earl, man, 2nd Judicial District Sports Lawyer Apex Disability Law Tax Lawyer Barrister’s Choice: Craig Um- Arbitrator Barrister’s Choice: Greg Berger, baugh, Hogan Lovells Personal Injury Law Lawyer Barrister’s Choice: Maria Berken- Brownstein Hyatt Farber Schreck Barrister’s Choice: David Woodruff, kotter, JAG Communications/Media Law Denver Trial Lawyers Securities Lawyer Lawyer Mediator Barrister’s Choice: Luke Ritchie, Barrister’s Choice: Steve Zans- Medical Malpractice Lawyer – Barrister’s Choice: Joe Epstein, Moye White berg, Ballard Spahr Plaintiffs Conflict Resolution Services Barrister’s Choice: Jim Leventhal, Antitrust Lawyer Entertainment Lawyer Leventhal Puga Braley Overall Litigator Barrister’s Choice: Todd Seelman, Barrister’s Choice: David London, Barrister’s Choice: Michael Burg, Lewis Brisbois Bisgaard & Smith Hogan Lovells Medical Malpractice Lawyer – Burg Simpson Defendants M&A Lawyer Immigration Lawyer Barrister’s Choice: Scott Nixon, Commercial Litigator Barrister’s Choice: Pat Linden, Barrister’s Choice: Catherine Nixon Shefrin Ogburn Drew Barrister’s Choice: Ellie Lockwood, Linden Law Partners Chan, Chan Immigration Snell & Wilmer Construction Defects Lawyer – Healthcare Lawyer Trust/Estates Lawyer Plaintiffs Civil Litigator Barrister’s Choice: Kevin Kuhn, Barrister’s Choice: Marco Chayet, Barrister’s Choice: Jeff Kerrane, Barrister’s Choice: Jennifer O’Con- Wheeler Trigg O’Donnell Chayet Danzo Kerrane Storz nell, Queener Law Environmental Lawyer Nonprofit Lawyer Construction Defects Lawyer – Lawyer-turned-Legislator Barrister’s Choice: Jim Spaanstra, Barrister’s Choice: Betsy Fordyce, Defendants Barrister’s Choice: U.S. Rep. Diana Faegre Drinker Biddle Reath Rocky Mountain Children’s Law Barrister’s Choice: Jonathan Pray, DeGette Center Brownstein Hyatt Farber Schreck Oil and Gas Lawyer Public Sector Lawyer Barrister’s Choice: Ghislaine Corporate Law Lawyer Class Action/Mass Tort Lawyer – Barrister’s Choice: George Bruner, Polsinelli Barrister’s Choice: Rehan Hasan, Plaintiffs Brauchler, 18th Judicial District Hasan Legal Barrister’s Choice: Dave Hersh, Attorney Water Law Lawyer Burg Simpson Barrister’s Choice: Joe Dischinger, In-House Counsel Government Lawyer Fairfield and Woods Barrister’s Choice: Jennifer Class Action/Mass Tort Lawyer – Barrister’s Choice: Phil Weiser, Jaskolka, Xcel Energy Defendants Colorado Attorney General Renewable Energy Lawyer Barrister’s Choice: Michael Wil- Barrister’s Choice: Rochelle Ra- Appellate Lawyer liams, Wheeler Trigg O’Donnell Lobbying Firm beler, Holland & Hart Barrister’s Choice: Anne Whalen Barrister’s Choice: Brownstein Gill, Gill & Ledbetter Insurance Lawyer -–Plaintiffs Hyatt Farber Schreck Agricultural Lawyer Barrister’s Choice: Stephen Barrister’s Choice: Wayne Forman, IP Lawyer (Non-litigator) Shapiro, Shapiro Bieging Barber Family Law Lawyer Brownstein Hyatt Farber Schreck Barrister’s Choice: Tom Franklin, Otteson Barrister’s Choice: Megan Sherr, Kilpatrick Townsend Sherr Puttmann Akins Lamb DUI Lawyer Insurance Lawyer - Defendants Barrister’s Choice: Abe Hutt, Recht IP Litigator Barrister’s Choice: John Palmeri, Private Equity Lawyer Kornfeld Barrister’s Choice: Aaron Brad- Gordon & Rees Barrister’s Choice: Keith Tram- ford, Bradford LTD mell, WilmerHale Marijuana Law Lawyer Education Lawyer Barrister’s Choice: Rachel Gillette, Employment Lawyer - Plaintiffs Barrister’s Choice: Jack Robinson, Greenspoon Marder Barrister’s Choice: Mari Newman, Spies Powers & Robinson 560 CHEROKEE STREET, DENVER, CO 80204 | 303–292–1212 | www.LAW WEEK COLORADO.com VOL. 18 | NO. 45 | $6 | NOVEMBER 9, 2020

Denver might be a small legal community, but it’s bursting with top-tier attorneys. We recognize the best attorneys from around the state, according to our readers, in our annual Barrister's Best list. PG. 7 2 | LAW WEEK COLORADO INSIDE SCOOP LAW WEEK COLORADO 03/LEGAL LOWDOWN 04/USE IT OR LOSE IT SPECIALTY BAR ROUNDTABLE AN AWARD-WINNING This week, the Colorado Su- NOVEMBER 16 04/CORPORATE COUNSEL INSIGHT INDEPENDENT NEWSPAPER preme Court is considering a case that questions whether OWNER Circuit Media, LLC 05/IN THE COMMUNITY BEST LAW FIRMS an employee working under PUBLISHER Rebecca A. Askew, Esq. NOVEMBER 23 06/IN THE NEWS a “use it or lose it” vacation | EDITORIAL | policy was entitled to her va- Tony Flesor, Managing Editor 07/BARRISTER’S BEST cation time payout after BIG DEALS Q3* Julia Cardi, Reporter features contents she was fired. NOVEMBER 30 Jessica Folker, Reporter 18/COURT OPINIONS Avery Martinez, Reporter Jess Brovsky-Eaker, Assignment Editor 19/THIS WEEK IN HISTORY up coming COLORADO 200* 05/OFFICIAL MISCONDUCT DECEMBER 7 20/ENDNOTES A Colorado DA pleaded guilty | MARKETING | *These issue features are based on survey Nick Eckerman, Account Executive last week to drug possession information. Upcoming surveys can be Lisa McKell, Account Executive 22/CONTINUED... and official misconduct found at LawWeekColorado.com Jacob Hurley, Account Executive charges related to a drug transaction at her office. | DESIGN STUDIO | Now, she’s subject to attorney Joe Horton, Art Director regulation review. Shelby Lueckenotto, Senior Graphic Designer from the editor Hannah Blatter, Multimedia Specialist Zack Fifer, Graphic Designer / DA RACE REVIEW We’ve long heard that Karen Hill, Graphic Designer 06 Every vote mattered in Denver is a big city with a contact us Colorado’s biggest district small legal community. It attorney race last week. And seems that everyone generally LAW WEEK COLORADO ERRORS (USPS 024757, ISSN 1942–7964), founded 2002, Please call 303-292-1212 other districts around the knows one another, and that’s is published weekly. Periodicals are paid at to report a correction or clarification. state saw a blue shift with certainly true among Denver’s Denver, Colo. Entire contents copyrighted. larger firms. We leverage this NEWS RELEASES Democrats winning many SUBSCRIPTIONS Email: [email protected] races for the top prosecutor tight-knit community each $285/year. Single copies are positions. year when we ask our readers $6 plus $1 postage and handling. OFFICE Email [email protected] 560 Cherokee Street, Denver, CO 80204 to write in to let us know who the top attorneys and judges ADVERTISING POSTMASTER Send address changes to: are across the state in dozens Ads are taken at 303–292–1212 Law Week Colorado or visit us at www.lawweekcolorado.com PO Box 9404, Denver, CO 80209 of practice areas. This week, we provide the rundown of all LETTERS & ARTICLES Law Week Colorado retains copyrights on ON THE COVER of those top attorneys in our submitted material. Design by Shelby Lueckenotto list, which begins on page 8. Email: [email protected] NOVEMBER 9, 2020 | 3 LEGAL LOWDOWN Armstrong Teasdale Names Diversity Officer

Denver partner Meshach Rhoades to serve in firmwide role

STAFF REPORT committee, alongside St. Louis partner ference meeting on Oct. 30. LAW WEEK COLORADO Sarah Sise, who will maintain her role Under the Colorado Constitution, as chair of that committee. the governor has 15 days from Nov. 2 to Armstrong Teasdale announced Nov. Denver legal secretary Stephanie appoint one of the nominees as county 2 that the firm has created a dedicated Hendrickson will serve as executive as- court judge for Arapahoe County. diversity, equity and inclusion depart- sistant to the diversity, equity and inclu- Comments regarding any of ment and named partner Meshach sion department. the nominees may be sent via Rhoades chief diversity officer. e-mail to the governor at gov_ju- Rhoades is a complex commercial JUDICIAL [email protected] litigator and will continue to maintain an active legal practice in addition to her ANNOUNCEMENTS GOOD FOR YOU new role. The 18th Judicial District Nominat- Brownstein Hyatt Farber Schreck an- She has long been a champion of in- ing Commission has nominated three nounced Thursday that Justin Bubenik, clusion efforts both professionally and candidates for an Arapahoe County an associate in its Denver office, has personally and has been involved with Court judgeship created by the appoint- joined the board of directors of The Ur- local and national organizations such ment of Judge Don Toussaint to the ban Farm, a nonprofit farm promoting as the Center for Legal Inclusiveness, District Court. The vacancy will occur on youth and community education. Leadership Council on Legal Diversity, Jan. 12. As part of his two-year term, Bubenik Colorado Hispanic Bar Association and Nominees Melina Hernandez of will assist TUF through his participation Latinas First Foundation. Denver, Phelicia Kossie-Butler of in board meetings, planning commit- Rhoades previously served as co- Aurora and Joseph Whitfield Jr. of tees, improvement projects and fund- chair of Armstrong Teasdale’s inclusion Aurora were selected in a videocon- raising efforts.• MESHACH RHOADES

Congratulations to The 2020 Barrister’s Best Barrister’s Choice- Best Family Law Lawyer Megan M. Sherr

We could not be more proud of our friend and partner on this remarkable and well-deserved award. We see the skill and attention Megan brings to her clients’ needs and we cannot think of a more deserving recipient.

5299 DTC Boulevard, Suite 430, Greenwood Village, CO 80111 Phone: 303.741.5300 | Fax: 303.741.2797 www.spalfamilylaw.com 4 | LAW WEEK COLORADO CORPORATE COUNSEL INSIGHT State Supreme Court Considers “Use-It-Or-Lose-It” Vacation Policies Attorneys hope high court will clear up conflict between court rulings and CDLE guidance

JESSICA FOLKER handbook that says employees “for- terms of any agreement between the employment agreement, which “un- LAW WEEK COLORADO feit all earned vacation pay benefits” employer and the employee.” equivocally says the vacation pay if they are dismissed for any reason Citing these provisions, Clark’s she seeks wasn’t vested given the The Colorado Supreme Court will or fail to give two weeks’ notice. Market argues the plain language circumstances under which she left hear oral arguments Monday in a Nieto alleges the grocer’s for- of the CWCA allows employers and the Market’s employ.” The employ- case that could bring much-needed feiture policy violates the Colora- employees to enter into agreements er-friendly decision was seen as a clarity on whether “use-it-or-lose- do Wage Claim Act, which says that that determine when or if vacation clear green light for “use-it-or-lose- it” vacation policies are allowed un- when an employee is discharged, time becomes “earned, vested or de- it” vacation policies following years der state law. wages or compensation “earned, terminable.” Under its policy, Clark’s of what attorneys say had been con- The case, Nieto v. Clark’s Mar- vested, determinable and unpaid at Market argues, Nieto’s vacation time fusing or conflicting guidance from ket, involves former grocery store the time of such discharge” is due didn’t vest or “become determin- the Colorado Department of Labor employee Carmen Nieto, who claims and payable immediately. able” because she was terminated. and Employment. she was entitled to pay for her un- Under the CWCA, vacation pay is In June 2019, the Court of Ap- But months after the Court of Ap- used vacation days upon her termi- considered wages or compensation if peals upheld a lower court’s deci- peals’ Nieto decision, CDLE adopted nation from Clark’s Market. Howev- “earned in accordance with the terms sion siding with Clark’s Market. The new Wage Protection Act rules that er, the grocery chain denied Nieto of any agreement” and if “earned and court said in its opinion that Nieto’s the payout, pointing to a policy in its determinable in accordance with the right to vacation pay hinged on the CONTINUED ON PAGE 22…

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Congratulates Marco D. Chayet for being recognized as the 2020 Barrister’s Best “Best Trust/Estates Lawyer”

650 South Cherry St., Suite 710 Elder Law Denver, CO 80246 105 Edwards Village Blvd. #D–201 Estate Planning Edwards, CO 81632 Probate Law 600 East Hopkins Ave., #301 Aspen, CO 81611 Guardianship & Conservatorship 303–355–8500 Fiduciary Representation [email protected] Wills, Trusts & Probate Litigation

www.ColoradoElderLaw.com

Heartfelt congratulations to all the recipients of the 2020 Barrister’s Best NOVEMBER 9, 2020 | 5 IN THE COMMUNITY DA Pleas Guilty in Drug Possession and Misconduct Case Brittny Lewton, 13th Judicial District DA and former lead drug prosecutor, used painkillers from an employee in her office

AVERY MARTINEZ clean, and she hasn’t been.” M.R. later that three days before the incident, “We support Ms. Lewton in her LAW WEEK COLORADO called DA investigator Mike Jones, who Lewton filled a prescription for a 12- efforts to recover and recognize that then informed the Colorado Bureau of day supply of hydrocodone and had her experience is just one example of Brittny Lewton, the 13th Judicial Investigation. already received a lawfully prescribed how the opioid epidemic is impact- District Attorney, pleaded guilty on According to Jones’s testimony, controlled substance. ing lives, families and communities,” Nov. 2, to added count each of pos- several days later, Lewton called ask- Lewton has been sentenced to two said Weiser. session of a controlled substance, un- According to the 13th District At- lawful conduct on public property and torney’s website, Lewton joined the second-degree official misconduct. 13th District as an intern before be- Earlier this year, she was indicted by “We support Ms. Lewton in her coming full-time in 2005. She spent a grand jury on three drug counts and eight years as the “lead drug and sex- official misconduct offenses related to ual assault prosecutor” before her pro- a drug transaction that occurred in her efforts to recover and recognize motion to chief deputy and then assis- office in Sterling in 2019. tant DA. Lewton has also been involved “The abuse of an official position is that her experience is just one with several organizations such as the a serious cause for concern,” said Col- executive committee for the Colorado orado Attorney General Phil Weiser in example of how the opioid District Attorneys’ Council. a statement. “In today’s plea, Ms. Lew- “Every person — including public ton takes responsibility for her actions epidemic is impacting lives, officials — should be held accountable and is held accountable for them.” for violating the law,” said Colorado According to the redacted grand families and communities,” District Attorneys’ Council Executive jury indictment, Lewton was ob- Director Tom Raynes. “We not only served by one of her employees to appreciate the attorney general’s in- discuss prescription painkillers with vestigation and prosecution of this a new employee, who had a bag of — Colorado Attorney General Phil Weiser matter, but we support the recognition pills and pill bottles on her desk. Lat- of the ongoing impact and breadth of er that day, she took pills from the opioid addiction which has devastated new employee’s bag. ing why CBI agents were investigating years supervised probation and must individuals, families and communities According to redacted grand jury and threatened to suspend him for not undergo a substance abuse evaluation across Colorado.” documents, an employee referred to as answering. During an in-person meet- and successfully complete a drug treat- The AG’s office asked the court to M.R. saw Lewton then drop the bottle ing the next day between Jones and ment course. dismiss the original drug and first-de- into her purse. M.R. immediately re- Lewton about his suspension, Lewton If she violates her probation, she may gree official misconduct charge in ex- ported the incident to Chief Deputy admitted she had ingested the pills, serve jail time, according to a release change for the guilty plea. The case District Attorney Anthony Gioia, who according to the indictment. from Weiser’s office. Lewton is subject was prosecuted by attorneys from the asked her whether “a drug deal just According to the indictment, Lew- to review by the Office of Attorney Reg- Special Prosecutions Unit in the Crim- went down in the office.” She said yes, ton also said she realized taking the ulation Counsel for alleged professional inal Justice Division of the Depart- and proceeded to tell Gioia that “ev- prescription pills was a criminal act. misconduct and must perform 48 hours ment of Law, according to the release.• erybody thinks that DA Lewton’s been The grand jury also found evidence of public service. — Avery Martinez, [email protected] 6 | LAW WEEK COLORADO IN THE NEWS Election Brings Changes to DAs’ Offices Amy Padden elected in 18th District nail-biter

HANK LACEY Kellner, she would likely face an au- son, currently the district’s chief tri- LAW WEEK COLORADO tomatic recount in her quest to suc- Democratic Woman Wins in 1st al deputy DA, earned a 55.6%-44.5% ceed the GOP’s George Brauchler. Judicial District margin of victory in a race where Election Day 2020 brought a “This has been an incredible Alexis King, a former Denver more than 264,000 votes were cast. blue tint to district attorney offices campaign overall and a rollercoast- County Court magistrate and deputy around the Front Range as the state’s er since Tuesday night,” Kellner said DA in the 1st Judicial District, handi- 8th Judicial District Will Have voters chose Democrats in three ju- Friday. “I’m feeling very confident at ly defeated her GOP opponent to take First Democratic DA Since 1970s dicial districts and set up a close this point, and right now I’m focused the top prosecutor’s job in Gilpin and In the 8th Judicial District, which battle going down to the wire in the on ensuring every vote counts.” Jefferson counties. King gained at includes Jackson and Larimer coun- state’s largest. The 18th Judicial District, es- least 34,000 more votes, out of about ties, Gordon McLaughlin will be the The electorate also fired a district tablished by the voters in the 1962 357,000 cast, than did Republican first Democratic DA since January court judge in the north metro area — general election, has not had a Dem- Matthew Durkin. King will be the 1973. The district has had three Re- an unusual outcome since Colorado ocratic DA since Martin Miller, who first Democratic woman ever elected publican DAs since then, including adopted a system of judicial reten- served as the district’s first DA, left DA in the district and the first Demo- one who served for 32 years before tion elections in 1966 — and retained office in 1969. cratic DA elected in the district since term limits were mandated. Mc- two Supreme Court justices and two Michael Miller, an attorney at 1996. She will succeed Republican Laughlin, a veteran deputy DA in the Court of Appeals judges. Miller & Steiert, Martin Miller’s son, Peter Weir. district, defeated the GOP’s Mitch said his dad would be thrilled by Pad- Murray by a six percentage-point The 18th Judicial Teeters den’s possible victory. Mason Wins in the 17th District margin in the first contested DA race Amy Padden has a chance to be- “He would be, is, tickled to death, Democrat Brian Mason defeated in the district since 1992. come the first Democratic district wherever he is.” his GOP opponent Tim McCormack attorney to serve in the 18th Judicial Martin Miller, a disabled World for the chief prosecutor slot in the McCann Easily Reelected in Denver District since the 1960s. Caught in a War II veteran, died in May 2007 at 17th judicial district, which includes tight race against Republican John the age of 84. Adams and Broomfield counties. Ma- CONTINUED ON PAGE 22… NOVEMBER 9, 2020 | 7

Our annual Barrister’s Best list relies on a poll of our readers as well as the “Barrister’s Choice,” taking into account reader votes and independent review to answer the question: Who’s Colorado’s Best…

SUPREME school, when he took a break to serve wildfires that affected the operation 2014, after serving seven years on COURT JUSTICE in the U.S. Army for several years. of courts in several judicial districts. the Denver District Court and a long Coats was an assistant attorney gener- Coats will leave the bench in January. career as a litigator in private prac- Barrister’s Choice: Nathan Coats al and a deputy district attorney, too, tice and prosecutor in Colorado’s Chief Justice Nathan Coats has before putting on the robe in 2000. People’s Choice: Willam Hood 18th Judicial District. served on the Colorado Supreme During his tenure as chief justice the Justice Will Hood received the Court for more than 20 years. The Supreme Court has coped with both votes from our readers. He’s been chief’s public service began during law the worst pandemic in a century and on the Supreme Court bench since CONTINUED ON NEXT PAGE... 8 | LAW WEEK COLORADO

COURT OF Gruter Institute for Law and Behavior- is a nationally recognized expert on Law Week Colorado Lawyer of the Year, APPEALS JUDGE al Research. evidence and is a senior judicial fellow member of the Trial Lawyer Hall Fame for the National Drug Court Institute and a winner of the Clarence Darrow Barrister’s Choice: Neeti Pawar People’s Choice: Ben Leutwyler, Award. His memoir, Trial by Fire: One Neeti Pawar has only been on the 18th Judicial District MEDIATOR Man’s Battle to End Corporate Greed Court of Appeals bench for little more Judge Ben Leutwyler was appoint- Barrister’s Choice: Joe Epstein, and Save Lives, was published in 2016. than a year, but she had already made ed to the 18th Judicial District Court Conflict Resolution Services a name in Colorado’s legal communi- in 2016. Since then, he has earned Joe Epstein wins the Barrister’s People’s Choice: Gina Rodriguez, ty through 25 years of experience as a high marks from attorneys and ju- Choice nod for the fifth time. He stands WilmerHale family lawyer, criminal defense prac- rors on his diligence, demeanor and out for the thousands of cases he has Gina Rodriguez, a 30-plus year titioner, employment law investigator communication, consistently outper- handled, the high value of settlements veteran of the courtroom, has rep- and mediator before becoming the first forming the average for district judg- his mediations have achieved, and a resented companies in a broad ar- Asian-American appellate judge in the es on performance evaluations. Leu- generally emotionally intelligent ap- ray of industries. Her work has even state’s history. twyler mostly handles criminal cases. proach to mediation. included representing the Colorado Rockies. Rodriguez is also an alum- People’s Choice: Terry Fox ARBITRATOR People’s Choice: Robbie Barr, Barr ADR na of service in the U.S. Department Judge Terry Fox is no stranger to Barrister’s Choice: Maria Berken- Mediators, by definition, must of Justice, where she spent seven our Barrister’s Best list. Fox is a lead- kotter, JAG be able to bring two sides together. years as an assistant U.S. attorney. er in efforts to diversify the state’s Maria Berkenkotter received a sig- Robbie Barr has shown that she has a judiciary and in mentoring lawyers, nificant number of votes from our special ability in that area, due to her COMMERCIAL LITIGATOR including two of the state’s supreme readers, and we agree with their as- experience resolving cases from both Barrister’s Choice: Ellie Lock- court justices before they took the sessment. Berkenkotter, a former 20th sides of the bench. She touts having wood, Snell & Wilmer bench. Fox is the first Latina judge to Judicial District chief judge, has han- a 95% settlement rate in her trial ex- Ellie Lockwood, named one of Law sit on Colorado’s Court of Appeals. dled high-profile cases on the bench perience as well as top-knotch trial Week’s Top Women Lawyers earlier and through JAG. management experience as a judge. this year, has seen recent acclaim for her involvement in “jail wait” litiga- TRIAL COURT JUDGE People’s Choice: Bill Meyer, JAG OVERALL LITIGATOR tion and efforts to secure more rapid Barrister’s Choice: Morris Hoff- Former judge Bill Meyer finds him- Barrister’s Choice: Michael Burg, evaluation of mentally ill pre-trial de- man, 2nd Judicial District self on our list once again. It seems that Burg Simpson tainees. Approaching a decade of ex- Morris Hoffman has served on the his 20 years of experience as an arbi- Mike Burg is one of Colorado’s perience as a litigator, Lockwood han- bench for nearly 20 years. He’s also trator, on top of 16 years on the bench household name lawyers. He has won dles major business tort, fraud, RICO an adjunct professor of law at the CU has earned him a reputation among more than $1 billion in verdicts, judg- and unfair trade practice cases. Law School and the DU Sturm College Colorado’s lawyers. In addition to be- ments and settlements over the course of Law, and judge-in-residence at the ing the managing arbiter at JAG, Meyer of his 43 year career and is a former People’s Choice: John Walsh, NOVEMBER 9, 2020 | 9

WilmerHale state’s 6th Congressional District has might be viewed more as a “D.C. firm” Keith Trammell is one of the few at- John Walsh is known for serving shown him to be a reformer, with his than a Denver one. It has long been a torneys who appears on our Barrister’s as U.S. attorney for the District of work focused on protecting DREAM- top player in the lobbying world and, Best list twice. He was also selected by Colorado, experience that saw him ers, enacting comprehensive immigra- in 2019, found its way to the number our readers as Best Securities Lawyer, lead prosecutions against Citibank, tion reform and gun violence preven- one spot on the list of lobbying firms.. highlighting his impressive work in GlaxoSmithKline and McKesson. Since tion laws. Crow, a Bronze Star winner, Colorado’s legal community. returning to the private sector he’s seen was a partner at Holland & Hart be- FAMILY LAW LAWYER success representing companies in fore his election to Congress in 2018. Barrister’s Choice: Megan Sherr, People’s Choice: Marty Walsh, the aerospace, construction, defense, Sherr Puttmann Akins Lamb Armstrong Teasdale education, industries among others. PUBLIC SECTOR LAWYER Megan Sherr is founding share- As co-founder of Armstrong Teas- Barrister’s Choice: George Brauchler, holder of her namesake family law firm. dale’s technology transactions group, CIVIL LITIGATOR 18th Judicial District Attorney Sherr, the daughter of a philanthro- Marty Walsh is often sought out for Barrister’s Choice: Jennifer O’Con- pist and a long-time Denver lawyer, is his advice on acquisitions involving nell, Queener Law People’s Choice: George Brauchler, known for her efforts to give back to technology-related companies and Jennifer O’Connell is a newcom- 18th Judicial District Attorney’s Office the community. Her firm’s Friday Den- serving as outside general counsel er to Law Week’s Barrister’s Best list. Term-limited DA George Brauchler im Day routine leads to donations to for software and tech companies as A Tennessee native who was a tri- is leaving office as the 18th Judi- different charities each month. well as for those in other industries. al lawyer in the Volunteer State for cial District Attorney in January af- His transactional experience has in- more than a decade, O’Connell is ter eight years as a criminal justice People’s Choice: Suzanne Grif- volved clients around the world. quickly making a name for herself leader and making headlines for his fiths, Griffiths Law as a litigator against pharmaceutical work in the James Holmes prosecu- Suzanne Griffiths is a family law- REAL ESTATE LAWYER companies, trucking companies and tion. Brauchler has also served as a yer, but the firm she helped found con- Barrister’s Choice: Jay Kamlet, major insurers. special assistant U.S. Attorney and tinues to grow its civil litigation prac- Kamlet Law military prosecutor. He might be leav- tice, too. A graduate of the University From an outside perspective, Jay People’s Choice: Charles Steese, ing the prominent post, but we think of Cape Town,South Africa, her legal Kamlet seems like the kind of lawyer Armstrong Teasdale we’ll be hearing more from Brauchler. experience spans two continents and who just doesn’t slow down. In addi- Chuck Steese has made his name as four decades. She’s previously received tion to founding attorney coworking a go-to litigator for Fortune 500 cas- GOVERNMENT LAWYER Law Week’s Lawyers of the Year, Top space LawBank, Kamlet focuses his es, with more than 50 successful out- Barrister’s Choice: Phil Weiser, Women and Barrister’s Best awards. practice on the negotiation and struc- comes in disputes around the country, Colorado Attorney General turing of complex real estate develop- particularly in the telecommunica- PRIVATE EQUITY LAWYER ments, acquisitions, dispositions, and tions space. He can tout his impact on People’s Choice: Phil Weiser, Col- Barrister’s Choice: Keith Tram- leasing transactions for all types of de- government regulation as an expert in orado Attorney General mell, WilmerHale velopments. He has negotiated deals “traffic pumping” cases. Steese came Phil Weiser has had a storied ca- to Armstrong Teasdale after founding reer in the law, and he’s still going. his own firm in Denver and serving as He started his career as a clerk to a in-house counsel at a major telecom- federal appellate judge and two U.S. munications company. Supreme Court justices, worked as a U.S. Department of Justice lawyer, and became an innovative academ- LAWYER-TURNED- ic leader as professor and dean at CU LEGISLATOR Law School. Weiser has since gained Barrister’s Choice: U.S. Rep. Di- national recognition as Colorado’s ana DeGette state attorney general, active in the Diana DeGette is one of several at- fight against Trump administration torney-legislators who was reelected policies on the environment, health, in last week’s election. DeGette has immigration and the Postal Service. represented Colorado’s 1st Congres- sional District since 1992 and won her LOBBYING FIRM recent race by more than 50 points. Barrister’s Choice: Brownstein Hyatt Farber Schreck People’s Choice: U.S. Rep. Jason Crow Jason Crow has been many things People’s Choice: Brownstein Hy- in his life: soldier, attorney, U.S. Rep- att Farber Schreck resentative. His time representing the Outside Colorado, Brownstein

Barrister’s Best 2020 Best Immigration Lawyer Catherine Chan

"We dedicate this award to each individual who risks everything to seek a better life in a foreign land, that they each nd the safe harbor they seek."

1900 Grant St., Suite 750 Denver, CO 80203 • 303–586–5555 www.chanimmigration.com www.facebook.com/chanlaw rm 10 | LAW WEEK COLORADO

worth more than $15 billion in Colora- regional bank. law, but he does a little bit of every- COVIDRelief.org, an organization that do and elsewhere. thing in his solo business law practice, offers legal help in business issues, People’s Choice: Ed Adkins, Arm- including acting as outside general bankruptcy and eviction through the People’s Choice: Eric Nesbitt, The strong Teasdale counsel and handling M&A and real pandemic. Law Offices of Eric Nesbitt Ed Adkins has broad experience estate transactions. Hasan has also Colorado’s real estate world has with structuring, negotiating and clos- left his mark on the tech and start- ANTITRUST LAWYER been shaken up through 2020 — with ing single-lender transactions and se- up world, having helped found Den- Barrister’s Choice: Todd Seelman, house prices skyrocketing, commer- nior and subordinated debt facilities. ver-based Galvanize, InCubate — the Lewis Brisbois Bisgaard & Smith cial real estate opening up and the His key work includes representing first incubator in Cuba — and Kenzie Tod Seelman is the national chair of Gallagher Amendment repeal sure to businesses in organizational, oper- Academy, a design and coding school. the antitrust and competition practice bring further changes, Eric Nesbitt’s ational and acquisition/divestiture for his firm and managing partner in combination of real estate, commer- matters, which included a $25 million SECURITIES LAWYER the Denver office as well as an adjunct cial litigation and business practices share exchange transaction between a Barrister’s Choice: Luke Ritchie, professor of antitrust and unfair com- is useful experience these days. Nes- consumer technology company client Moye White petition law at the University of Den- bitt’s firm handles both residential and and a financial technology company Luke Ritchie earned our recogni- ver Sturm College of Law. He provides commercial real estate matters. Since serving prospective home buyers using tion through his work coordinating strategic advice to general counsel and 1991 Nesbitt has represented Wells a technology-enabled real estate plat- multi-firm efforts in defending claims corporate executives, simplifying the Fargo Bank, the Federal Deposit Insur- form. involving federal and state securities complexities of U.S. antitrust laws. ance Corporation, Denver’s RTD,and laws, fraud and other business torts. the City and County of Denver. He is TAX LAWYER And he’s a prominent writer and pre- People’s Choice: Katie Reilly, also a licensed real estate broker and Barrister’s Choice: Greg Berger, senter on securities topics as well. Wheeler Trigg O’Donnell founded Nesbitt Commercial Group. Brownstein Hyatt Farber Schreck Katie Reilly is once again recog- Greg Berger, chair of Brownstein’s People’s Choice: Keith Trammell, nized by our voters for her work rep- BANKING LAWYER corporate and business department WilmerHale resenting clients in matters involving Barrister’s Choice: Christian and co-chair of its tax group, is recog- Keith Trammell is one of the few at- monopolization, conspiracy, price Otteson, Shapiro Bieging Barber nized for his expertise on the nation- torneys who appears on our Barrister’s fixing, exclusive dealing, and other Otteson al level. He represents clients before Best list twice. He was also selected by competition-related disputes. Among Christian Otteson is a regular on Congress and the U.S. Department of our readers as Best Securities Lawyer. her significant matters was winning a our Barrister’s Best list, earning the the Treasury on policy and legislative A big name in Colorado’s legal com- preliminary injunction for a health and recognition for the fifth straight year issues. munity for his work with private and wellness franchisor against compet- He directs his firm’s financial services public companies and private equity ing studios that had stolen trade se- practice and is outside counsel for an People’s Choice: Rehan Hasan, funds in M&A transactions, Trammell crets, infringed on its trademarks, and array of banks. Otteson also has expe- Hasan Legal has also been busy this year partner- breached non-compete obligations. rience as in-house counsel for a public Rehan Hasan made our list for tax ing with other attorneys in Colorado- She has represented companies in the

BUSINESS AND COMMERCIAL LITIGATION | CONSTRUCTION DEFECTS | MASS TORT | MEDICAL MALPRACTICE | PERSONAL INJURY | WORKERS’ COMPENSATION

Congratulates Our Barrister’s Best Lawyers

Michael S. Burg David P. Hersh Mari K. Perczak Barrister's Choice, Barrister's Choice, Best Class Action/Mass People's Choice, Best Construction-Defects Best Overall Litigator Tort Lawyer – Plainti s Lawyer – Plainti s

DENVER | CINCINNATI | CODY | PHOENIX | ALBUQUERQUE | SARASOTA | LAS VEGAS | TAMPA NOVEMBER 9, 2020 | 11

aviation, healthcare, manufacturing, cer’s double-recognition this year only a practice anchored on assisting the business, and Joe Dischinger has prac- real estate, and sports sectors. adds to his list of recognitions and cre- regulated community under the gam- ticed in the area for more than 35 dentials. ut of federal environmental laws. In all years. He’s experienced in the legal as M&A LAWYER instances, she’s shown to be a stand- well as scientific and policy issues that Barrister’s Choice: Pat Linden, People’s Choice: Andrew Lopez, out attorney in environmental law. go along with water issues. Linden Law Partners Sequoia Legal Pat Linden founded his own firm in Andrew Lopez is the founder and OIL AND GAS LAWYER People’s Choice: Kent Holsinger, 2015, but he brings BigLaw experience managing partner of Sequoia Legal. Barrister’s Choice: Ghislaine Holsinger Law to his work with companies and en- His practice focuses on transactional Bruner, Polsinelli Kent Holsinger’s practice might trepreneurs in early stage and venture law for domestic and foreign compa- Law Week recognized Ghislaine deal with clients’ issues involving capital financings. nies, organizations and individuals. Torres Bruner as a Top Litigator earlier land and water, but he loves the air. Lopez also has extensive experience this year. She’s receiving another rec- A licensed pilot, Holsinger is known People’s Choice: Rochelle Rabeler, advising health care practitioners and ognition for her representation of en- for flying around the state to meet Holland & Hart companies on Stark law, anti-kickback ergy industry clients in complex regu- with those he represents. Now he’ll be Rochelle Rabeler has appeared on and other medical laws and regula- latory issues. known, too, for winning his colleagues’ our Barrister’s Best list each year since tions. recognition as the state’s best water 2014. Her focus on renewable energy People’s Choice: Karen Kish- lawyer. Holsinger, a former Depart- involves counseling developers, inves- ENVIRONMENTAL baugh, Kishbaugh Law Firm ment of Natural Resources official and tors and independent power producers Karen Kishbaugh has experience in staffer for two members of Colorado’s with energy projects throughout the LAWYER oil and gas issues up and down the fig- Congressional delegation, has a bou- U.S. Rabeler’s robust experience in Barrister’s Choice: Jim Spaanstra, urative pipeline, including midstream, tique practice that also focuses on wa- power purchase agreements has made Faegre Drinker Biddle Reath distribution and others. She’s worked ter quality and endangered species law her a leading attorney in M&A and a Jim Spaanstra has experience work- with companies like DCP Midstream, issues and conservation easements. regular on our attorney recognition ing in the public and private sector to Caliber Midstream, CH2MHill, TAB In- list. find solutions in complex local, state ternational, Vail Corporation and Sun- and federal regulatory environments. cor. Kishbaugh’s depth of experience RENEWABLE ENERGY HEALTHCARE in contract negotiations has allowed LAWYER People’s Choice: Michelle DeVoe, her to remain a versatile and competi- Barrister’s Choice: Rochelle Ra- LAWYER DeVoe Law tive attorney in this area.. beler, Holland & Hart Barrister’s Choice: Kevin Kuhn, In her broad experience in environ- We know Rochelle Rabeler’s name Wheeler Trigg O’Donnell mental law, Michell DeVoe has worked WATER LAW LAWYER from its multiple appearances on our Kevin Kuhn appears again on our in Georgia as general counsel for the Barrister’s Choice: Joe Dischinger, quarterly Big Deals lists. Rabeler is al- list as Best Medical Malpractice Law- Upper Chattahoochee Riverkeeper for Fairfield and Woods ready receiving recognition as the Peo- yer – Defense. And the former JAG offi- four years. In Denver, DeVoe has built Water law in the West is serious ple’s Choice for Best M&A lawyer, but

JAY TIFTICKJIAN 2020 BARRISTER’S BEST

PEOPLE’S CHOICE “BEST DUI LAWYER”

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she is receiving the double-distinction es in enforcement actions and works to marijuana cultivation charges. for her transactional work for renew- ensure compliance with the Food and People’s Choice: Iris Eytan, Eytan able energy industry clients. Drug Administration, Federal Trade MARIJUANA LAW LAWYER Nielsen Commission, U.S. Department of Agri- Barrister’s Choice: Rachel Gil- Iris Eytan is an experienced Colo- People’s Choice: Ken Salazar, culture and other regulatory agencies. lette, Greenspoon Marder rado criminal defense attorney and has WilmerHale Rhoades, who was previously featured Rachel Gillette was one of the first tried more than 50 cases to date. She’s Ken Salazar might be as close to a in Law Week’s 2017 Top Women issue, attorneys to carve out a space in the making her second appearance in a household name as any lawyer in the leverages her experience with federal emerging regulated cannabis industry, row on Barrister’s Best, but she’s been state. A former chief counsel to the and state agricultural regulations to and she’s shown that she has staying in the pages of Law Week many times governor, leader of Colorado’s De- counsel clients on product distribu- power as an expert over her 10 years in for her work . Eytan’s defending clients partment of Natural Resources, state tion, safety and risk management, la- the practice area. who have been charged with serious attorney general, U.S. senator and sec- beling and general supply chain issues. criminal offenses including homicide, retary of the Interior, Salazar’s prac- People’s Choice: Josh Amos, Mc- assault, sexual violence and Title IX tice at WilmerHale broadly extends DUI LAWYER Dermott Stuart & Ward offenses. to energy, environmental compliance Barrister’s Choice: Abe Hutt, Josh Amos is a seasoned trial law- and natural resources issues. Recht Kornfeld yer proficient in marijuana law and CRIMINAL DEFENSE – Judging by our past Barrister’s Best other drug crime defense efforts. His lists, you’d think there are only a cou- practice often focuses on marijuana WHITE COLLAR LAWYER AGRICULTURAL ple DUI lawyers in Colorado. Abe Hutt enforcement issues including cultiva- Barrister’s Choice: Patrick Ridley, LAWYER has landed on our list year after year tion, conspiracy, DUI and Colorado Or- Ridley McGreevy & Winocur Barrister’s Choice: Wayne For- for his work representing high-profile ganized Crimes Act charges. Patrick Ridley has handled cases man, Brownstein Hyatt Farber Schreck clients in DUI, criminal defense, civil involving white collar crimes and pub- Wayne Forman’s practice covers and professional license cases since CRIMINAL DEFENSE lic corruption in his criminal defense water law, land use, environmental and 1984. practice. And his impressive work has remediation, and public lands, but the People’s Choice: Jay Tiftickjian, LAWYER landed him on our list for six years votes he received in our Agricultur- Tiftickjian Law Barrister’s Choice: Pamela Mack- running. al category drew our attention to his Appearing on our list for the ninth ey, Haddon Morgan Foreman experience in high-profile cases that time, Jay Tiftickjian is a go-to author- Pam Mackey has gained a reputa- People’s Choice: Ken Eichner, The seemingly touch everything involving ity on DUI defense in Colorado, and tion as a top criminal defense attorney Eichner Law Firm land, water and air. he has authored and edited multiple through her work with high-profile cli- Ken Eichner is a former prosecu- books on DUI and drug law. He’s also ents like Kobe Bryant, but she got there tor and public defender and remains People’s Choice: Meshach Rhoad- an expert in emerging areas in drug through success in countless cases as a one of Colorado’s most successful tri- es, Armstrong Teasdale and criminal defense related to can- private practice attorney and as a pub- al lawyers. With more than 30 years Meshach Rhoades assists business- nabis, such as marijuana DUI laws and lic defender. of experience and over 140 jury tri-

Your Future Family Law, Civil & Business Litigation

From L to R: Joseph M. Maher, Jaycey DeHoyos, Jamie Paine, Eliza Steinberg, Ann Gushurst, Sheila Gutterman, Duncan Griffiths, Suzanne Griffiths, Christopher Griffiths, Leslie Hansen, Danielle N. Contos, Jennifer Holt, Kim Newton, Jennifer Schaffner Congratulations to Suzanne Griffiths! Griffiths Law is excited to announce that for the 7th year, Suzanne Griffiths has been named 2020 Barrister’s Best, People's Choice-Best Family Law Lawyer. When your family, finances, or business are on the line, our unrivaled team of attorneys is here. We litigate. We collaborate. We protect your future. 10375 Park Meadows Dr. Suite 520 | Lone Tree, CO | 303.858.8090 | gri thslawpc.com NOVEMBER 9, 2020 | 13

als, Eichner is accustomed to win- MEDIA LAWYER piling up since 2007. oping area of law — “crimmigration” ning and is said to have not lost a Barrister’s Choice: Steve Zans- — where individuals can face both im- domestic violence case since 1998. berg, Ballard Spahr People’s Choice: Max Hass, Hass Law migration and criminal charges simul- Within the media, Steve Zansberg Max Hass not only represents mu- taneously. Christine offers a holistic SPORTS LAWYER is a household name for his work span- sicians, he is one. The Louisianan is a approach to crimmigration defense, Barrister’s Choice: Craig Um- ning two decades in nationally known bassist, drummer and guitarist. Now where the stakes can be high, all the baugh, Hogan Lovells cases as well as his pro bono represen- he’s a Barristers Best winner, too. Hass while working on immigration cases Hogan Lovells’s global head of tation of media outlets. started his career as a manager for New ranging from removal defense, asy- the Sports, Media and Entertainment Orleans-based musical groups. In 2017 lum and family-based immigration. Group, as one might expect, has han- People’s Choice: Niki Tuttle, Ho- he and a partner launched an enter- dled financing, design and naming gan Lovells tainment firm in the Crescent City and TRUST/ESTATES LAWYER rights for public venues in profession- Niki Tuttle has won her second then, in 2019, Hass relocated his prac- Barrister’s Choice: Marco Chayet, al sports around the country. Close to Barristers Best award for her specialty, tice to Denver. He is also a frequent Chayet Danzo home, Umbaugh has advised on nam- having first achieved this recognition speaker on copyright law around the While he was in law school, Marco ing rights for Empower Field at Mile from her peers in 2016. A key player nation, and his clients extend beyond Chayet’s grandmother was involved in High. in efforts by professional sports orga- music to visual artists and writers. one of the most controversial and pub- nizations to secure broadcast oppor- lic elder law cases in the state. He cred- People’s Choice: Caleb Durling, tunities, Tuttle has represented pro- IMMIGRATION LAWYER its that event with driving him in his Fox Rothschild fessional sports teams across leagues, Barrister’s Choice: Catherine long career in the practice area, where Caleb Durling has won his col- including the Colorado Rockies. Tuttle Chan, Chan Immigration he has now seen decades of success leagues’ recognition as best sports has represented the largest cable tele- Catherine Chan prides herself on lawyer for the second time. He pre- vision operators in the U.S. and has as- taking on immigration cases that oth- People’s Choice: Justin Bertron, viously received the award in 2017. sisted the Oprah Winfrey Network. ers have lost or are deemed “impos- The Bertron Law Firm The Fox Rothschild partner has rep- sible.” And in that work, she has liti- JJustin Bertron’s practice is fo- resented the Denver Broncos and, in ENTERTAINMENT gated cases at every state and federal cused on guiding clients through the 2018, investors in a planned U.S. rugby court and administrative agency level difficult process of estate planning. league. He began his career as a law LAWYER in Colorado. His approach starts with educating clerk to former state Supreme Court Barrister’s Choice: David London, his clients about complex legal rules Justice Mary Mullarkey and was one of Hogan Lovells People’s Choice: Christine Her- by forgoing the typical and complex three founders of Rollin Braswell Fish- David London’s practice is focused nandez, Hernandez Law Firm legal jargon and using plain language. er, which merged with Fox Rothschild on media and intellectual property In addition to being an author and in 2018. disputes. As he negotiates content dis- lecturer, Christine Hernandez has been NONPROFIT LAWYER tribution for major Hollywood studios, working in immigration for over a de- Barrister’s Choice: Betsy Fordyce, COMMUNICATIONS/ movie theaters and classical theater cade. Her practice works in a devel- Rocky Mountain Children’s Law Center companies, his accolades have been

Congratulations to our partner Amy L. Miletich 2020 BARRISTER’S CHOICE, BEST M&A LAWYER on being selected 2020 Barrister’s Best “Employment Lawyer for Defendants”

Amy L. Miletich is listed in Best Lawyers in America and has been selected as a Colorado Super Lawyer every year in employment defense since 2007. She has also been named one of the Top 50 Women Colorado Super Lawyers. She is a Board of Director of the National Foundation for Judicial Excellence and a Board of Director of the Federation of PAT LINDEN Defense and Corporate Counsel. Ms. Miletich is Preeminent AV-rated by Martindale-Hubbell. 2019 Barrister’s Best 2018 People’s Choice She was a National Director of DRI from Best Private Equity Lawyer Best M&A Lawyer 2014 to 2017 and is the former Chair of DRI’s Employment and Labor Committee. Practice Areas Mergers and Acquisitions | Emerging Companies Venture Capital and Private Equity | Corporate Law 717 17th Street, Suite 1510 Denver, Colorado 80202 Contact Us 3773 Cherry Creek N Drive 303.825.5500 Suite 717 E 303.515.6655 fax [email protected] Denver, CO 80209 miletichpc.com lindenlawpartners.com 303.731.007 14 | LAW WEEK COLORADO

Betsy Fordyce has spent her ca- People’s Choice: Aubyn Krulish, list again for her four decades of le- planning processes to leverage intan- reer advocating for youth, especially Armstrong Teasdale gal work, which includes an exten- gible assets with intellectual property. those in the child welfare and juvenile Aubyn Krulish’s corporate law sive list of appeals in major cases justice systems and those affected by practice is focused on mergers and ac- that have shaped Colorado law. IP LITIGATOR homelessness. Earlier this year, she quisitions, financing, transactions and Barrister’s Choice: Aaron Brad- was named executive director of the restructuring. Krulish counsels busi- People’s Choice: Sean Connelly, ford, Bradford LTD Rocky Mountain Children’s Law Cen- ness clients on corporate law matters, Connelly Law Aaron Bradford has been recog- ter, a nonprofit dedicated to serving balancing risk management with vari- Sean Connelly brings experience nized by just about every local publi- abused, neglected and at-risk children. ous other business and profit concerns. from both sides of the bench to his ap- cation with a list to put him on. But his pellate practice. Connelly served as a trial-focused practice crosses several People’s Choice: John Snow, IN-HOUSE COUNSEL Colorado Court of Appeals judge from states, and the clients he works with Hackstaff & Snow Barrister’s Choice: Jennifer 2008 to 2011. Before that, he received have IP issues around the world. John Snow’s practice includes Jaskolka, Xcel Energy the DOJ’s highest award for his work as non-profit tax advice, renewable en- lead appellate prosecutor in the Oklaho- People’s Choice: Kris Reed, Kil- ergy project development, estate plan- People’s Choice: Jennifer Jaskol- ma City bombing cases. Now back in pri- patrick Townsend ning, corporate law and real estate, ka, Xcel Energy vate practice, Connelly has won victories Kris Reed serves as Managing Part- among others. With more than 15 years Blending legal experience and for clients ranging from Denver Public ner of Kilpatrick Townsend in China. of experience, Snow offers non-profit health and safety expertise, Jennifer Schools to a Supermax inmate fighting His practice is focused on intellectual clients his extensive experience with Jaskolka serves as Xcel Energy’s as- for the right to practice group prayer. property and he works with clients in nonprofit organizations law. sistant general counsel and manager a wide variety of fields and industries. of corporate safety and industrial hy- IP LAWYER Reed is also certified as a National Ad- giene. But she’s equally well known visory Expert in China for Overseas CORPORATE LAW in Denver as an advocate for diversity (NON-LITIGATOR) Intellectual Property Dispute Settle- LAWYER and inclusion at work and in the legal Barrister’s Choice: Tom Franklin, ment. Familiar with industry recogni- Barrister’s Choice: Rehan Hasan, community, having served as president Kilpatrick Townsend tion, he’s been featured before in Law Hasan Legal of the Colorado Pledge to Diversity Week’s 2018 Top Litigators issue. As noted in Rehan Hasan’s other and as a member of the Colorado As- People’s Choice: Tom Franklin, Barrister’s Best recognition, his legal sociation of Corporate Counsel Inclu- Kilpatrick Townsend work spans many practice areas. Hasan siveness and Leadership Committee. Tom Franklin leverages 20 years EMPLOYMENT LAWYER – assists companies as a general outside of experience to focus his practice on counsel practicing in all areas of busi- APPELLATE LAWYER patent prosecution, licensing and in- PLAINTIFF’S ness/corporate law, tax, securities and Barrister’s Choice: Anne Whalen tellectual capital management. He is Barrister’s Choice: Mari Newman, financing. Gill, Gill & Ledbetter experienced in intellectual proper- Killmer Lane & Newman Anne Whalen Gill lands on our ty audits, due diligence and strategic Mari Newman and her colleagues at

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Killmer Lane & Newman are often be- ment law matters and providing train- life insurance denials and insurance MEDICAL MALPRACTICE hind the biggest civil rights cases that ings to company management groups. bad faith cases. And he still manages LAWYER – PLAINTIFF’S bubble up in Colorado. In employment to make time for skiing, fly fishing and law, she has recently been involved People’s Choice: Vance Knapp, golfing. Barrister’s Choice: Jim Leventhal, in ongoing class action litigation in- Armstrong Teasdale Leventhal Puga Braley volving exotic dancers who challenged Armstrong Teasdale partner Vance PERSONAL INJURY Jim Leventhal isn’t just one of the their worker classification at clubs. Knapp boasts more than two decades of top med-mal attorneys in Colorado experience representing employers in LAW LAWYER but in the country. He is one of only People’s Choice: Steven Murray, federal and state court. Knapp advises Barrister’s Choice: David Wood- 100 lawyers to be a part of The Inner Murray Law management on hiring and firing, drug ruff, Denver Trial Lawyers Circle of Advocates, an invitation-only Earlier this year, Steven Murray of testing and accommodating employ- David Woodruff has long been rec- group of the best plaintiff’s lawyers in Murray Law won a settlement for a ees with disabilities and has become ognized as one of Colorado’s top trial the country. Wyoming woman who alleged her em- an authority on the effects of mari- lawyers, receiving seven-figure jury ployer had forced Scientology teach- juana legalization on the workplace. verdicts for his clients each year for People’s Choice: Lorraine Parker, ings on her. Murray has also been a nearly a decade. Noteworthy in his re- Parker Lipman frequent contributor to publications, DISABILITY LAW LAWYER cent work, he is currently serving as “Being a trial lawyer is hard work,” including this one, on the topic of Barrister’s Choice: Steven Earl, lead counsel in the Porter Adventist said Lorraine Parker when accepting race-based harassment following this Apex Disability Law Hospital infection litigation, in which a lifetime achievement award earlier summer’s Black Lives Matter pro- In his Social Security disabili- he represents 271 out of 280 infec- this fall. But with nearly three decades tests. Whether he’s fighting religious ty-focused practice, Steven Earl has tion plaintiffs and also serves as class of experience in medical malpractice discrimination, sexual harassment or represented clients in over 1,000 co-counsel for 3,000 class members. and personal injury law, Parker makes racism in the workplace, Murray has hearings before ALJs and in appeals, it look easy. Parker cut her teeth as a earned a reputation as a fierce advo- earning him a top recognition in the People’s Choice: Jim Chalat, Cha- prosecutor in Houston before moving cate for the civil rights of workers. practice area. lat Law to Colorado and turning her attention Over his four decades in the law, to civil law and plaintiff work in the EMPLOYMENT LAWYER – People’s Choice: Shawn McDer- Jim Chalat has become synonymous early ’90s. mott, McDermott Law with “ski law” in Colorado. But his DEFENSE The last thing anyone who has ex- personal injury practice expands far MEDICAL MALPRACTICE Barrister’s Choice: Amy Miletich, perienced a disabling injury or illness beyond that through his representa- Miletich PC wants to do is fight with an insurance tion of countless individuals in auto LAWYER – DEFENSE Amy Miletich has more than 20 company. That’s where Shawn Mc- and pedestrian accidents, slip-and-fall Barrister’s Choice: Scott Nixon, years of experience in litigation and, Dermott comes in. McDermott and cases, complex medical and legal mal- Nixon Shefrin Ogburn Drew with her namesake firm, focuses on his team have handled thousands of practice cases, and animal liability and With his success in the defense of representing employers in employ- short- and long-term disability claims, dog bite cases. medical professionals and institutions,

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Scott Nixon has been designated spe- Mari Perczak is one of a few big employment law, construction defense preme Court that the Colorado Consumer cial assistant attorney general for the names in the construction defects litigation and insurance defense. Protection Act should apply to insurers State of Colorado and a member of the space in Colorado. She has repeat- People’s Choice: Damian Arguel- American Board of Trial Advocates. edly appeared on our Barrister’s Best CLASS ACTION/MASS lo, Colorado Insurance Law Center list as a testament to her 30 years of Damian Arguello knows insur- People’s Choice: Kevin Kuhn, experience in the space. She’s re- TORT LAWYER – ance inside and out. He’s worked “in Wheeler Trigg O’Donnell ceived countless favorable arbitration PLAINTIFF’S and around” the industry since high Specializing in high-stakes medical awards, settlements and verdicts for Barrister’s Choice: Dave Hersh, school, including as a claims manager malpractice and professional liability her clients. Burg Simpson at a top-20 brokerage. As an attorney, defense, WTO partner Kevin Kuhn has Dave Hersh and his firm, Burg Simp- he’s won more than $30 million in in- tried more than 135 cases to verdict. CONSTRUCTION son, don’t shy away from big compa- surance recoveries. In addition to ne- His recent wins include the reversal of nies in mass tort litigation. Hersh has gotiating and litigating insurance dis- a $15 million jury verdict by the Col- DEFECTS LAWYER – handled a number of “toxic torts,” and putes, Arguello trains businesses and orado Court of Appeals for a surgery DEFENSE was class counsel for more than 65,000 insurance professionals on insurance center accused of negligence. Kuhn Barrister’s Choice: Jonathan Pray, residents of Colorado Springs in a con- matters and is a sought-after expert argued the case remotely due to the Brownstein Hyatt Farber Scrheck taminated groundwater case. witness. pandemic, proving he’s as effective on When it comes to construction law, webcam as he is in the courtroom. Jonathan Pray does it all. He handles People’s Choice: Greg Bentley, INSURANCE LAWYER – both litigation and transactions and Zonies Law DEFENSE CONSTRUCTION represents clients from all corners of Greg Bentley’s mass tort practice the real estate and construction world would have already been enough to Barrister’s Choice: John Palmeri, DEFECTS LAWYER – — from developers and landlords to earn recognition on our Barrister’s Gordon & Rees PLAINTIFF’S lenders and municipalities. Best list, but as class counsel for thou- While he made this year’s list for in- Barrister’s Choice: Jeff Kerrane, sands alleging injury in the Porter Ad- surance law, John Palmeri has also racked Kerrane Storz & Nelson People’s Choice: Brad Shefrin, ventist Hospital case, Bentley is gain- up awards and honors for his work in Jeff Kerrane has more than 20 years Nixon Shefrin Ogburn Drew ing even more attention. medical malpractice, health care law, pro- of experience in construction defect Brad Shefrin is already known fessional liability and business litigation. litigation spanning multiple states. In around Colorado as one of the top CLASS ACTION/MASS addition to his legal work, he’s a fre- construction defects lawyers — he’s People’s Choice: Terence Ridley, quent writer and speaker on the topic received that recognition elsewhere, TORT LAWYER – Wheeler Trigg O’Donnell in California and Nevada. and this year received the recognition DEFENSE Terence Ridley’s work in civil lit- from his peers on our Barrister’s Best Barrister’s Choice: Michael Wil- igation in the insurance industry, People’s Choice: Mari Perczak, list. In addition to his construction de- liams, Wheeler Trigg O’Donnell especially class action and defense Burg Simpson fects practice, Shefrin also practices in of bad faith claims, has had impacts People’s Choice: Michael Wil- across Colorado. liams, Wheeler Trigg O’Donnell Last year, he was part of a team of at- Mike Williams has been ranked torneys who won a case in the Colorado among the top 10 class action defense Supreme Court requiring loss appraisers to attorneys in the country, and it’s not be impartial, rather than favoring one side. hard to see why. Just this year, he has In addition to his practice, he defeated class certification in two sep- has held positions in the CBA, the arate cases involving major appliance Federation of Defense & Corporate makers. He has also been helping a real Counsel and is a fellow at the Amer- estate client protect its constitutional ican College of Coverage Counsel. rights against government overreach related to the pandemic. EDUCATION LAWYER Barrister’s Choice: Jack Robinson, INSURANCE LAWYER – Spies Powers & Robinson PLAINTIFF’S People’s Choice: Jack Robinson, Barrister’s Choice: Stephen Shapiro, Spies Powers & Robinson Shapiro Bieging Barber Otteson Jack Robinson’s practice focus- Stephen Shapiro has won millions of es on special education and disabil- dollars for policyholders in insurance dis- ity law, among other practice areas. putes, including construction defect liabil- His legal advocacy for the rights of ity, professional liability, builder’s risk and children with disabilities and their property and casualty claims. He has also parents has taken him to the U.S. Su- expanded the rights of policyholders in preme Court — resulting in changes to the state by convincing the Colorado Su- existing standards. • 18 | LAW WEEK COLORADO COURT OPINIONS

COMPILED BY time requirements harmonious- Supreme Court cases and urged two Colorado statutes under the JESS BROVSKY-EAKER ly with the MCA exemption. The that court to clarify the standard Taxpayer’s Bill of Rights, and on LAW WEEK COLORADO division declined to follow the to be applied in reviewing termi- other grounds. holding in Brunson, which con- nation of parental rights cases. The division concluded the two Editor’s Note: Law Week Colo- cluded that the interstate drivers member plaintiffs do not have rado edits court opinion summa- exemption applied “only to driv- Peak Billing v. Mountain Sleep taxpayer standing or individual ries for style and, when necessary, ers whose work takes them across Diagnostics standing. The division also con- length. state lines.” The trial court cor- Following a contract dispute cluded the foundations lack as- rectly found that the employee between two companies, a divi- sociational standing because they truck drivers were subject to the sion of the Colorado Court of Ap- have not identified any members COLORADO COURT OF MCA exemption, and then correct- peals considered when an arbi- who have standing. ly applied the Brunson holding tration award should be vacated Begley v. Ireson APPEALS pursuant to another division of because it was procured by fraud, Following property damage this court’s remand order. corruption or undue means under caused by construction on an ad- NOV. 5, 2020 But, because the division be- the Colorado Revised Uniform Ar- joining property, a division of the Gomez v. JP Trucking, Inc. lieved Brunson was wrongly de- bitration Act. Colorado Court Appeals affirmed JP Trucking, Inc. appealed the cided, it reversed the trial court’s The division adopted a three- the district court’s judgement trial court’s judgment in favor of judgment under the Wage Order part test widely used in federal based on application of the liti- former employees Leonel Gomez, and remanded the case with direc- and other state courts to deter- gation privilege under the stan- Francisco Gonzalez, Ebarardo tions to vacate the damages award. mine when such an award should dard set forth in Begley v. Ireson. Sanchez and Nathan Abbott, fol- be vacated, but held that in this Begley I established that the lit- lowing a limited remand ordered People in Interest of A.A. case the award should stand igation privilege may immunize by a division of Colorado Court After both parents in this case The division adopted a three- an attorney’s prelitigation state- of Appeals for additional factual had their parent-child legal rela- part test widely used in federal ment if the statement is related findings. JP Trucking asked the tionship terminated, a division and other state courts to deter- to prospective litigation and the court to reject division’s holding of the Colorado Court of Appeals mine when such an award should prospective litigation is contem- from Brunson v. Colorado Cab Co. held that where the juvenile court be vacated and held that in this plated in good faith. and urged the court to read “inter- completely cuts off visitation be- case the award should stand. Applying the litigation priv- state drivers” under the Wage Or- tween the parents and the chil- ilege as articulated in Begley I, der harmoniously with the Motor dren, without any showing that TABOR Foundation v. Colorado the division affirmed the entry Carrier Act exemption. JP Truck- entirely prohibiting such visita- Department of Health Care Policy of summary judgment. However, ing also challenged the damages tion is necessary to protect the and Financing because the district court did not awarded. children, there have not been rea- A division of the Colora- conduct a hearing, it reversed the A division of the Colorado sonable efforts to reunify the fam- do Court of Appeals considered award of costs to Gibbs, the attor- Court of Appeals interpreted the ily. The division further noted a whether two foundations and two ney of one of the property owners, “interstate drivers” exemption to potential conflict in the standard of their members have standing and remanded the case for further the Colorado Wage Order’s over- of review language found in two to contest the constitutionality of proceedings solely on that issue.• NOVEMBER 9, 2020 | 19 THIS WEEK IN HISTORY

THIS WEEK IN HISTORY Navigating Prejudicial Pretrial Publicity

People v. McCrary

JESS BROVSKY-EAKER LAW WEEK COLORADO

The news media often cov- ers sensationalized cases in- volving serial killers, but rarely does that coverage backfire for prosecutors. Colorado Attorney General John Moore and his team of prosecuting attorneys learned pretrial publicity could endanger their hopes of a 1976 conviction for the kidnapping and murder of a local waitress. Leora Looney on Aug. 20, 1971 was reported missing as patrons and management found the small Lakewood do- nut shop where she worked was unattended. Her purse was found open and her car remained parked in the lot, but Looney was not found for three days. Her nude body was discovered in a field Pretrial publicity was a notable issue in the 1994 murder case against O.J. Simpson. While that case miles away, in Weld County, resulted in a highly unusual halt to grand jury inquiries, many others with similar pretrial coverage are and coroners reported gun- unsuccessful. / LAW WEEK FILE shot wounds and strangulation marks on her body. other objections, that a change ney’s strangulation marks that sible at trial,” stated the 1976 Witnesses identified Sher- of venue was needed to miti- showed her face. court opinion. man McCrary and his son-in- gate any negative press cov- “Some of the cumulative Because the court ruled the law Carl Taylor as the most erage circulating in the area. factors to be considered by pretrial publicity was not prej- recent patrons of the shop be- The trial court disagreed with a trial court in determining udicial, it ruled public opinion fore Looney’s disappearance. his assertions, and he was con- whether there is such mas- pollsters were not needed and According to statements Mc- victed and sentenced to life in sive, pervasive and prejudicial the trial judge handled juror Crary made to police, Taylor prison with a consecutive sen- pretrial publicity as to bias a dismissals appropriately. As for orchestrated a kidnapping and tence of 30 years for the kid- community are: the size and the photo of Looney’s strangu- robbery at the shop while Mc- napping charge. type of the locale, the reputa- lation marks, the court ruled it Crary and his wife sat in the McCrary appealed, arguing tion of the victim, the revealed was admissible and probative car outside. But as prosecutors the trial court erred by deny- sources of the news stories, the in nature. were building a case against ing his motion for change of specificity of the accounts of The Colorado Supreme the McCrary family, the news venue and his motion to ap- certain facts, the volume and Court concluded no reversible media took the story and began point a public opinion pollster intensity of the coverage, the error existed and affirmed the running various articles pri- to determine the effect of the extent of comment by the news trial court’s judgments. People or to trial indicating that Mc- publicity as well as for failing reports on the facts of the case, v. McCrary has been cited more Crary may have been involved to dismiss several jurors be- the manner of presentation, than 65 times in cases with in more than 20 killings across cause of their exposure to pre- the proximity to the time of tri- similar elements. • the country. trial publicity. He also objected al and the publication of highly – Jess Brovsky-Eaker, McCrary contended, among to the use of a photo of Loo- incriminating facts not admis- [email protected]

PEOPLE V. MCCRARY 20 | LAW WEEK COLORADO ENDNOTES REPORTER’S NOTEBOOK DICTA ENTERTAINING THE EXTRANEOUS

Welcome Hank Lacey VACATION BY ANY vacation time is the face other punishments. OTHER NAME same as paid time off. PAGE 5 Law Week Colorado welcomed Hank Lac- While the Supreme PAGE 4 ey to the reporting team in October. His Court’s decision in DOWN TO name has already appeared on our mast- Nieto v. Clark’s Market POSSIBLE head for several weeks, and we are overdue THE WIRE is likely to bring The 18th Judicial in introducing him to our readers. PUNISHMENT clarity on forfeiture of The 13th Judicial District Attorney race Lacey, who joined Law Week Colorado in vacation pay, it’s less District Attorney went down to the wire, October, is a veteran journalist who has cov- certain what it will pleaded guilty last week with Amy Padden ered Colorado politics and government, sci- mean for employers to official misconduct appearing to lead by ence and environmental policy since 2007. who offer vacation, and possession of a a slim margin only to He holds undergraduate and law degrees sick and personal days controlled substance. see the votes flip to from Arizona State University and a mas- under an umbrella The Center for Public favor her opponent ter’s degree from Montana State University. PTO policy. “I think Integrity said in a John Kellner and go During his legal career, Hank worked for that’s something that’ll report that common to a recount. The race a U.S. Senate committee, served as a law be resolved through punishment follows wasn’t resolved by press clerk to Judge Cecil Poole of the U.S. Court future litigation,” said a progression: time. of Appeals for the Ninth Circuit, and was Holland & Hart’s private admonition a teaching and research fellow at Lewis & PAGE 6 Brad Williams. “Until or reprimand, public Clark Law School. He also held an adjunct it is resolved, I think reprimand, suspension appointment at Northern Arizona Universi- the safest approach or disbarment. With her ty’s School of Forestry. Hank has published is to not assume that plea, the 13th DA will several articles in the legal academic litera- ture. During law school he spent one semes- ter as a part-time clerk for Judge Thomas UPCOMING EVENTS Kleinschmidt of the Arizona Court of Ap- peals judge and another as a part-time in- tern for then-U.S. Rep. John McCain. While in practice, Hank specialized in environmental and natural resources law, NOV NOV NOV commercial litigation, consumer law and 11 12 16 general business matters. He was in-house counsel to a Pacific Northwest environmen- tal group. While in private practice he rep- WHAT: WHAT: WHAT: resented individuals, small businesses, and The CWBA is Silicon Flatirons The Silicon public interest advocacy organizations. hosting a virtual for two days in Flatirons Center Hank, 56, is an Air Force brat who mostly Cooking for Justice November will will hold an grew up in New Mexico. He graduated from event to benefit present a series Entrepreneurship Sandia High School, where he first grew his charity. of 30-minute Initiative love of journalism as sports editor and as- sistant sports editor of The Sandian. He well classes covering Conference remembers being fired by the school princi- WHEN: topics related to focused on private- pal after exposing a grade inflation scandal 6:30 – 8:30 p.m. technology policy public innovation involving the football team. and advocacy. Amid the pandeaic. A foster child during adolescence, Hank WHERE: feels strongly about helping those who are Register at cwba. WHEN: WHEN: disadvantaged. In his spare time, he tutors teenagers. He has also volunteered as a mu- org Nov. 12 and Nov. 2 – 6 p.m. seum docent and informal science educator. 13, all day Hank was once elected to public office, serv- WHERE: ing briefly as a town council member in Cas- WHERE: Register online at tle Rock and learning that, in fact, politics Register at siliconflatirons.org ain’t beanbag. siliconflatirons.org Father of two teenage daughters, Hank is divorced and lives in Centennial. He is a baseball fan and is opposed to leaguewide adoption of the designated hitter and ex- panded wild card teams. In his spare time Hank enjoys hiking, bicycling, photography and reading. He considers music, dogs, cof- fee, pie and beer to be among humanity’s greatest treasures. ADVERTISEMENT NOVEMBER 9, 2020 | 21

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VACATION POLICY intent.” According to Nieto, legis- Other questions that could re- less traditional workplace cultures, CONTINUED FROM PAGE 4... lative history shows the legislature main unanswered following a very have adopted open-ended policies had intended to create a “substan- narrow ruling include whether va- in which there is no defined amount conflicted with the court’s ruling. tive and non-waivable right” for em- cation time must also be “vested,” or cap on vacation time. Employees According to the 2019 rules, the law ployees to be compensated for un- in addition to “earned” and “deter- simply request time off when they doesn’t allow forfeiture of earned va- used vacation. minable,” before requiring a payout, want it, she said, and the employer cation pay but does permit employ- Even if the Court of Appeals got according to Williams, and whether lets them know if the request can be ment agreements that cap accrual of it right, Nieto argues, the CDLE has unused time is ever “vested” if a for- accommodated. “The theory there is vacation pay as well as agreements since abrogated the court’s decision feiture policy is in place. that if you never promised any spe- that define how much vacation pay through the rules it finalized in late But Williams added he “would cific vacation time, it’s never really is allowed and how often it accrues. 2019. But Clark’s Market argues that be surprised if that happens,” since earned and accrued,” Colaizzi said, the new rules don’t apply to Nie- it’s not that often that litigants are but she added that not many em- POTENTIAL CLARITY to because her employment at the willing to spend the time and mon- ployers are able to adopt such loose In Nieto, the Supreme Court will grocery chain ended more than two ey fighting these cases up to the Su- policies. consider whether the CWCA allows years before the rules were enacted. preme Court. “I would imagine that According to Colaizzi, the most an employment agreement to for- Clark’s Market also claims that “seri- … the Supreme Court would issue a common approach has been for feit an employee’s accrued but un- ous concerns exist about the legality comprehensive decision that would employers to adopt a cap on the used vacation pay upon separation of the Wage Protection Act rules” be- address the ‘earned’ argument and amount of time that can be accrued. of employment. Employment law at- cause they put unwarranted restric- the ‘vested’ argument and the out- The Wage Protection Act rules also torneys hope the high court’s ruling tions on which topics employment standing regulations and resolve all addressed this approach, specifying will finally clear up the confusion agreements can address. of this once and for all,” he said. that an employment agreement may over whether to follow the Court of The Supreme Court could de- Colaizzi was also hopeful for a cap the amount of vacation pay to be Appeals’ ruling or CDLE guidance. cide to issue a narrow ruling that relatively broad ruling from the high paid upon termination, but that the “When the Court of Appeals de- does not address the validity of the court. “Given the specific question amount to be paid must be at least a cision in Nieto came out, on the one Wage Protection Act rules since they in front of them, it certainly would year’s worth of vacation pay. hand, I was thrilled by the prospect weren’t in place at the time of Nie- lend itself to some fairly substantial By adopting a cap, employers at that my clients might have more to’s employment. analysis of the scheme as a whole,” least know their maximum payout, flexibility with their vacation poli- “Employers could very well end she said. “And that will certainly Colaizzi said, calling it the “best cies,” said Sherman & Howard mem- up, even after Nieto, with the same provide more clarity to employers compromise” between unspecified ber Brooke Colaizzi. uncertainty they had going into it — and employees.” amounts of vacation time and “use- “But the decision itself seemed namely, whether to follow the courts it-or-lose-it” policies whose legality directly at odds with the way the or the agency with respect to inter- WAITING FOR NIETO remains in question. CDLE has always interpreted the preting the statute,” said Holland In the absence of clarity over For employers that offer PTO wage act and our understanding of and Hart employment attorney Brad “use-it-or-lose-it” policies, Colaizzi rather than vacation time, Williams what happens with vacation time,” Williams. said, employment lawyers have tried said, “it may make more sense for Colaizzi said, adding she has re- Williams said he thinks that sce- to come up with policies in which employers to clearly define buckets mained “very cautious” when advis- nario is “a real possibility,” noting earned and accrued vacation days of vacation time versus sick time ing employers because she has “not that the Court of Appeals declined would be limited or non-existent. versus other time — in part because been confident” the Court of Ap- to address the CLDE’s new rules in One solution could be to not of- they are all going to be potential- peals’ reasoning will hold up. a similar case he litigated this year, fer any vacation time at all, she said, ly subject to different rules.” These In her opening brief to the Su- Blount Inc. v. CDLE, because the but that could negatively impact em- include new rules under Colorado’s preme Court, Nieto argues the Court rules were not in effect when his cli- ployee morale and recruiting. paid sick leave law, which was enact- of Appeals’ interpretation of the ent and the client’s employee parted Some employers, especially tech ed in July. • CWCA “contravenes clear legislative ways. companies, start-ups and others with —Jessica Folker, [email protected]

DA RACES Crespin, whom former Gov. John CONTINUED FROM PAGE 6... Judge Tomee Crespin Not Retained Hickenlooper appointed in 2016, told Supreme Court, Court of Appeals Seventeenth Judicial District the Denver Post in October that the Judges Keep Offices Denver district attorney Beth Mc- Judge Tomee Crespin, lost her reten- negative performance evaluation is Coloradoans kept state supreme Cann easily outpaced her Libertarian tion election and will be replaced on the result of bias. court justices Melissa Hart and opponent, William Robinson III, to the bench by Gov. Jared Polis. The A sole practitioner before taking Carlos Samour, Jr., as well as state win another term as lead prosecutor district’s Commission on Judicial the bench, Crespin becomes one of Court of Appeals judges Ted Tow in the 2nd judicial district. McCann, Performance Standards found that the few judges in Colorado history III and Craig Welling, on the job. a former state representative, is the Crespin fell short of those standards. who have lost a retention election. Each gained more than 70% “yes” first woman ever to serve as DA in The commission accused Crespin of Ironically, the judge she replaced was votes on the retention question.• the district. failing to “treat those appearing be- also rejected by the district’s voters. —Hank Lacey, [email protected] fore her with respect.” ADVERTISEMENT NOVEMBER 9, 2020 | 23

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