The following is a sample of the commercial and business fraud litigation cases handled by our lawyers:

Lender Liability.Planet Airways, et al v. Tatonka Capital, et al. District Court, City and County of Denver, Colorado. We represented music producer Lou Pearlman (founder and promoter of N'Sync, Backstreet Boys, O-Town) and his charter airline company, Planet Airways, in lender liability action against Tatonka Capital Corporation. The case was resolved by a confidential settlement prior to trial.

Consumer Fraud and Unfair Trade Practices.Affa v. Med Ops Medical Management, Inc., et al, District Court, City and County of Denver, Colorado. Mr. Mihm and Mr. Pulkrabek represented clients in fraud and unfair trade practices lawsuit against a company that arranges independent medical examinations for the insurance industry. Relying on the "whistle blower" testimony of the company's former employees, we established that the defendant company had fabricated a medical expert witness opinion in a related personal injury lawsuit, to the detriment of our clients, and had routinely altered medical expert witness reports in other cases. The case was settled for a confidential amount shortly before trial.

Environmental Litigation.As the First Assistant United States Attorney, Mr. Caschette represented the federal government in civil prosecution of environmental claims against Summitville mine contractors resulting in a $27.5 million settlement, the largest settlement paid by an individual to the federal government in Colorado history.

Breach of Fiduciary Duty - Oppression of Minority Shareholders.District Court, City and County of Denver, Colorado. Mr. Mihm and Ms. Hyatt represented one of Colorado's leading business law firms in a lawsuit filed by a minority member of a technology company alleging that he was squeezed out of the company, and that the defendant law firm aided and abetted the majority owners' breach of fiduciary duty. The jury found in favor of our client after a 9-day jury trial.

Patent Infringement.Rich Caschette prosecuted a federal court preliminary injunction in complex patent infringement suit for established manufacturer of computer data storage networks.

Trade Secrets.Rich Caschette successfully represented a large regional utilities company against a former trading analyst for stealing trade secrets involving a power transmission grid.

Breach of Fiduciary Duty.District Court, County of Pitkin, Colorado. Michael Mihm represented a prominent Colorado real estate law firm in a three-week jury trial in which the plaintiff, an Aspen real estate developer and art dealer, alleged that the firm breached a fiduciary duty concerning a commercial real property. The jury returned an inconsistent verdict, finding no proximate cause, but awarded modest damages against our client. The Colorado Court of Appeals partially reversed the verdict.

Antitrust.Rich Caschette represented Colorado health insurer in major antitrust action involving alleged predatory pricing of health insurance product.

Embezzlement - Negligence.District Court, El Paso County, Colorado. Michael Mihm represented a Colorado employment agency that placed a Chief Financial Officer in a construction company. The employee later embezzled from the company, was convicted and sent to prison. The plaintiffs accused the defendant of not conducting a sufficiently thorough background investigation. After a 6 day trial, the jury found in favor of Mr. Mihm's client.