Business Litigation
Led by David Driscoll and Thomas Howard, the attorneys at Garlin Driscoll Howard have significant experience in the field of business litigation. That experience includes:
Successful business litigation requires knowledge, experience and a proven record, and the attorneys at Garlin Driscoll Howard have all three. Garlin Driscoll Howard attorneys have conducted trials, appeals, arbitrations and mediations both in Colorado and nationally. Two of our lawyers have been selected as Colorado Super Lawyers in the area of business litigation. Examples of matters handled by the attorneys at GDH are as follows:
Accounting Malpractice
- David Driscoll and Wendi Temkin recently represented a Louisville accountant in a Boulder County District Court malpractice action based on allegedly faulty advice related to a 1031 exchange.
Arbitration
- In addition to having represented clients in dozens of arbitrations under the Commercial Rules of the American Arbitration Association and JAMS, David Driscoll recently served as an arbitrator in $700,000 insurance dispute.
- In 2007, the American Arbitration Association added David Driscoll to its panel of commercial arbitrators.
Breach of Contract and Interference with Contract
- Following a two-day arbitration in Bend, Oregon in a case involving claims for of breach of contract and negligence on the part of GDH’s client, the AAA arbitrator ruled in favor of GDH’s client on all issues. The claims were for $408,188. The arbitrator awarded $0 and dismissed all claims with prejudice. The opposition’s final settlement demand was for $175,000 and other consideration. The case involved significant legal issues including the applicability of the economic loss doctrine and a dispute over the enforceability of the contract’s governing law provision. David Driscoll and Wendi Temkin handled the case.
- David Driscoll and Sarah Croog represented a large commercial client at an 11-day arbitration hearing in September and October 2007 involving tens of millions of dollars, a highly complex contract, and allegations of breach of contract, misappropriation of trade secrets, and civil conspiracy. The case resulted in an arbitration award in favor of the client and the dismissal of all claims. The arbitration hearing was held before Judge James Miller at JAMS in Denver. The case involved months of e-discovery and related discovery disputes and included the production of more than 76,000 documents, all of which were managed on a secured online database.
- Thomas Howard recently represented plaintiff and counterclaim defendants through trial in a breach of contract, defamation, interference with contract and conspiracy matter in Colorado district court involving counterclaims against attorney Howard’s clients alleging over $500,000 in damages. The Colorado district court awarded Attorney Howard’s clients damages, dismissed every counterclaim, and awarded attorney’s fees to attorney Howard’s clients. On appeal attorney Howard was again retained; the Colorado Court of Appeals upheld the decision of the district court.
- Thomas Howard in September 2007 went to trial in Denver District Court and obtained a judgment on behalf of Plaintiff Saturn Systems, Inc. for damages and attorneys’ fees totaling $73,626.07 arising from breach of contract and theft of trade secrets. The court further issued an order for permanent injunctive relief barring use or disclosure of the client’s trade secrets.
- A team of Garlin Driscoll Howard attorneys, led by David Driscoll, represents R. H. Donnelley, Inc. and affiliates on an ongoing basis in breach of contract litigation in federal and state court and AAA arbitrations related to Donnelley’s yellow pages and Internet directory businesses.
- Thomas Howard in November 2007 went to trial in Arapahoe District Court and obtained a judgment for damages and attorneys’ fees arising from breach of contract, unjust enrichment, and civil theft.
- David Driscoll recently successfully represented a large telecommunications carrier in a complex declaratory judgment and breach of contract claim brought by a large Iowa consulting firm related to high speed private line services.
- Thomas Howard recently defended the owner of a large hotel franchise in a breach of contract dispute. The matter was successfully settled subsequent to discovery.
Breach of Fiduciary Duty
- Thomas Howard recently defended a client in a matter involving claims of theft of trade secrets and breach of fiduciary duty. The matter was successfully settled subsequent to discovery.
Civil Conspiracy
- David Driscoll recently successfully defended a client in a multi-million dollar lawsuit initially brought in U.S. District Court and subsequently removed to JAMS arbitration involving claims of civil conspiracy.
- Thomas P. Howard recently represented plaintiff and counterclaim defendants through trial in a matter involving counterclaims of conspiracy, all of which were dismissed at trial.
Construction Defect Law
- David Driscoll and Kenneth Morris currently represent a subsidiary of the nation’s largest supplier of building materials to professional contractors in a construction defect action.
- Kenneth Morris has represented homebuyers in fraud and construction defect cases, and secured substantial settlements from sellers and their brokers.
- In 2008, Kenneth Morris defended a general contractor against breach of contract and construction defect claims. All claims against the general contractor were ultimately dismissed prior to trial, and the client received a settlement payment in his favor from the plaintiff.
Fraud, Misrepresentation and Fraudulent Transfer of Assets
- David Driscoll and Wendi Temkin provided legal advice to Tesla Motors with respect to a potential transaction involving the sale of five high performance electric sports cars for a combined value of more than $730,000. Pursuant to their investigation, David and Wendi uncovered the fraudulent intent of the buyers and were able to prevent their clients from becoming potential victims of malfeasance.
- In a three-day arbitration arising out of the sale of a company, Kenneth Morris successfully defended the seller’s estate against claims of fraud and negligence, and won a six-figure arbitration award in his client’s favor.
- Thomas Howard recently successfully represented a large out-of-state corporate creditor through trial in a complex collection action involving the fraudulent transfer of assets in an effort to escape a debt, exemplary damages, and the piercing of a corporate veil.
- On behalf of clients including El Paso County Telephone Co., David Driscoll obtained a series of successful decisions in the Colorado PUC and the courts in litigation against providers of long distance service who fraudulently failed to pay switched access and other charges to local exchange and wireless carriers whose networks were used to complete the calls.
- Thomas Howard in July 2007 obtained a judgment in the amount of $582,614 plus interest and legal fees on behalf of a client that suffered injuries arising from civil theft and fraudulent misrepresentations arising from a fraudulent investment scheme.
- David Driscoll and Thomas Howard regularly represent clients in matters involving fraud, civil theft and the Colorado Consumer Protection Act.
- David Driscoll and Thomas Howard recently represented a married couple, their children and several family-related corporations and LLCs in a Boulder County District Court action brought by judgment creditors who seek to recover more than $3 million on theories of fraudulent transfer and alter ego.
Indian Law
- David Driscoll successfully represented a telephone company in a multi-million dollar, multi-party trespass action in Nez Perce Tribal Court in Lapwai, Idaho. After the trial court denied the motion to dismiss filed on behalf of David’s client, the Nez Perce Court of Appeals reversed and dismissed the action for lack of subject matter jurisdiction. In the past, David has represented clients in significant Indian Law disputes in New Mexico, Idaho, and California.
Insurance Coverage Disputes
- David Driscoll and Kenneth Morris currently represent a subsidiary of the nation’s largest supplier of building materials in a major insurance coverage dispute in U.S. District Court.
Mechanic’s Lien Law
- In 2007, Kenneth Morris and his co-counsel won a substantial verdict in Denver District Court for their client, a large design/build firm, under Colorado’s Mechanic’s Lien Trust Fund Statute, C.R.S. § 38-22-127.
- In 2007, Kenneth Morris obtained a sizable arbitration award in favor of his client, a subcontractor on a large public works project, in a payment dispute arising out of project delays and cost overruns on the project.
- Kenneth Morris regularly advises and represents subcontractors in mechanic’s lien actions.
Professional Licensing
- As an Assistant Attorney General, David Driscoll spent two years representing a number of Colorado’s professional licensing boards in license suspension and revocation proceedings and related appeals and lawsuits in state and federal courts. Those boards included the Colorado Real Estate Commission, the Colorado Board of Optometric Examiners and the Colorado Board of Medical Examiners. Since then, David has defended a number of professional licensees in disciplinary proceedings brought by these boards.
Product Liability
- In a series of complex product liability actions, David Driscoll and Alexander Garlin participated in a three-year, eleven-lawyer effort to secure crop damage compensation for a group of 35 nurserymen and farmers in claims against E. I. Du Pont de Nemours and Co., Inc., the manufacturer a fungicide that had been applied to their plants and crops. The cases involved more than a million pages of documentation and depositions in nine states and the District of Columbia.
Public Utilities
- David Driscoll represented has represented El Paso County Telephone Company in numerous proceedings before the Colorado Public Utilities Commission, including twin proceedings related to the ICG Telecom Group Inc.’s provisioning of local exchange telephone service at Schreiver Air Force Base east of Colorado Springs.
Telecommunications Law
- For more than ten years, David Driscoll has represented Colorado telecommunications companies in litigation on a broad variety of matters in state and federal court, complaint and regulatory cases before the Colorado Public Utilities Commission and in numerous arbitrations.
Trade Secrets
- David Driscoll currently represents Qwest Communications International, Inc. and affiliates in a multi-million dollar breach of contract and misappropriation of trade secrets action brought by a Columbus, Ohio firm providing contract services.
- Thomas Howard recently successfully defended a trade secret matter for a U.S. citizen residing in the Peoples’ Republic of China.
- Thomas Howard recently obtained a court order protecting a client’s trade secrets from use or disclosure by a competitor.
Trespass
- David Driscoll has defended complex trespass actions brought by landowners, including Indian tribes in California and Idaho, for allegedly improper placement of fiber optic cable and other telephone network facilities.
Garlin Driscoll Howard has many satisfied clients that turn to this efficient, highly organized and professional firm in order to receive skilled commercial litigation without large firm pricing. Those clients range from sole proprietorships to multinational corporations, just several of whom include R. H. Donnelley, Inc.; Dex Media, Inc.; Qwest Communications International; Geo-Seis Helicopters, Inc.; Saturn Systems, Inc., All-Ways Trucking, Inc.; Simplex Grinnell, LP; Denco Sales Co., Inc.; ProBuild Holdings; Home Lumber Company; and Tesla Motors.
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