- Represented First Interstate Bank in remaining state court claims against Central Bank. After the United States Supreme Court determined that there was no claim for aider and abettor liability under the 1934 Securities Act, First Interstate refiled its claims for aider and abettor liability under state law. Several months before trial, we were hired as co-counsel to try the case. The case settled one week before trial, with customers of the bank receiving proceeds in excess of 100% of their investments.
- Represented minority shareholders of high tech corporation in derivative action for mismanagement and manipulation of financial statement information. Court-approved settlement netted the shareholders return of their entire investments.
- Represented numerous individuals and corporations in corporate governance disputes, managing special litigation committee litigation issues.
- Represented a large utility and a coal purchaser in fraud claims against coal mine and New York investors. Dispute involved 40 year coal contract and purchase of 1.5 million tons of coal per year.
- Successfully defended corporation in real estate fraud trial where all other defendants, including defendant transactional lawyers, took adverse jury verdicts.
- Obtained favorable arbitration award for claimant in case where corporation withdrew original offering as a result of entry of consent order issued by Colorado Securities Commissioner. Respondent corporation put together second investment but excluded claimant, who brought arbitration for his pro rata share of the now successful investment.
- Represented minority shareholders in a large manufacturing company in a shareholder oppression action. After lengthy pre-trial proceedings and six weeks of trial, we obtained a verdict of approximately $30 million. On appeal, affirmed in part, reversed in part, and remanded. Case was again appealed to Supreme Court of South Dakota, where we obtained a favorable result. After a second remand and further pre-trial proceedings, the case was settled.
- Represented individuals and affiliated entities in connection with claims of breach of fiduciary duty, declaratory relief, interference with contract, interference with prospective relations, etc. The claims related to 6,000 acres of land surrounding Vail, Colorado. The plaintiff asserted damages claims for $500,000,000. Judgment against plaintiff and in favor of our clients for $0. Since original trial, various aspects of the case have been subject of numerous additional claims which we have successfully tried in state district court and Bankruptcy Court, as well as the Colorado Court of Appeals.
- Successfully defended former president and chief executive officer and chairman of the board of a public medical products company in an action in federal court in Colorado, alleging that they breached fiduciary duties, were negligent, etc. in connection with numerous transactions over the course of a decade, resulting in losses of up to $50,000,000. Also, in a related matter, successfully represented the former president and chief executive officer in an arbitration to enforce his severance agreement with the company, over the company's objections that the agreement was unenforceable because the former president and chief executive officer had caused the company to incur enormous losses.
- Represented the senior transactional partner of a major Chicago law firm, who is now the head of the New York corporate law department for another major nationwide firm; along with a former president of Paine Webber nationwide; and the liquidating trustee of Drexel Burnham Lambert Liquidating Trust. Our clients were sued for fraud, breach of fiduciary duty, etc. in connection with their actions as directors for a large telecommunications company. We were pleased to be selected as counsel over New York and Chicago counsel for this litigation pending in federal court in Chicago. We successfully obtained a dismissal of claims against our clients for damages of $40-65 million without payment of any monetary settlement.
- Represented major Denver law firm in defense of multimillion dollar claims filed against it by its client when firm had to withdraw from representation of client during client’s IPO. The law firm was exonerated after a three-day hearing.
- Resolution Trust Corporation matters: Represented former directors of a well-known savings and loan in a complex litigation brought by the RTC against numerous former directors, officers, and borrowers. Settled favorably. Represented numerous home builders in defense of multi-million dollar claims arising out of failure of Colorado-based savings and loans, obtaining rare monetary settlement paid by the RTC. Mr. Netzorg was appointed Receiver for the RTC by Judge Nottingham in a large RTC fraud case.
- Represented purchasers of common stock in different class actions in federal court, alleging securities fraud, manipulation, and the like. Each has settled favorably.
- Represent current employer and employee in connection with former employer’s claims of actual and threatened trade secret theft and breach of fiduciary duty.
- Successfully obtained an arbitration award in a complex dispute among partners in two real estate limited partnerships, alleging breach of fiduciary duty, fraud, and the like. Then successfully confirmed the arbitration award as a judgment in an action in Colorado state court. Finally, successfully defended the judgment in an appeal to the Colorado Court of Appeals, in the process making new law in Colorado regarding the timeliness of actions to challenge an arbitration award.
- Represented a large mutual fund in litigation involving bonds against the bond issuers and its attorneys. Settled favorably.
- Represented class of bond holders against defendant bond issuers and their attorneys. Successfully settled.
- Represented individual and corporate entities in defense of breach of fiduciary duty, fraud and partnership dissolution claims. Claims successfully settled on behalf of our clients resulting in a favorable buy-out of disputed assets.
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