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Brent Owen is a first-chair trial lawyer trusted by clients to handle high-stakes litigation – including complicated environmental claims, class action disputes and bet-the-company litigation. His clients include midstream oil and gas operators, manufacturers, pipeline companies, ranchers, mining companies, fast food chains and convenience store operators.
Before law school, Brent attended college on a full scholarship as a Division I football player. He understands the value of consistent hard work in achieving a favorable result.
His experience includes trials in both state and federal courts before judges and juries and in arbitration tribunals, including the International Chamber of Commerce and the American Arbitration Association. A former law clerk to the Colorado Supreme Court, Brent brings creative approaches to resolve litigation in a client’s favor as early as possible. If that fails, Brent is well situated to go to trial on the merits and will protect a client’s interests through appeal. In fact, on multiple occasions, Brent has been retained shortly before trial and achieved favorable outcomes in those instances. Brent’s experience includes litigating a wide range of complicated environmental issues, including “forever chemicals,” Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) lawsuits and state environmental laws. Brent has obtained multimillion-dollar judgments, defense verdicts in cases with seven-figure exposure and multimillion-dollar settlements.
During law school, Brent externed for the Honorable Kristen L. Mix and the Honorable Christine Arguello at the US District Court in the District of Colorado. Following law school, Brent served as a law clerk to the Honorable Nancy E. Rice of the Colorado Supreme Court.
Trial Work
- Defeated a temporary restraining order and preliminary injunction brought by a private equity-backed oil and gas company against a landowner, over development by the landowner near the oil company’s well.
- Following a weeklong jury trial, obtained a defense verdict for a midstream oil and gas company facing multimillion-dollar claims.
- Defeated a temporary restraining order brought in Delaware Chancery Court involving a US$75 million contract dispute. Following the defeat of the temporary restraining order, served as lead counsel for an expedited trial, including depositions of the opposing party’s executives. On the eve of trial, obtained a dismissal of the suit and negotiated a take-nothing settlement.
- Retained on the eve of trial to assist a plaintiff in a multimillion-dollar construction defect claim. Defeated multiple dispositive motions, excluded the bulk of the defendant’s expert witness testimony, and obtained a favorable settlement on the eve of trial.
- Counsel for drug manufacturers in opioid litigation in New Mexico.
- Retained by a mining company for a confidential American Arbitration Association (AAA) arbitration concerning the enforcement of contractual rights. Obtained a favorable resolution of the dispute for the client following initial hearings.
- Represented a national retailer to defend a multistate employment class action and Fair Labor Standards Act (FLSA) collective action. Negotiated a very favorable settlement following the deposition of the lead plaintiff.
- In a Miller Act case for the construction of barracks in Doha, Qatar, obtained complete dismissal of claims on summary judgment and cost award to clients. Assisted counsel in parallel International Chamber of Commerce arbitration.
- Represented a midstream oil operations company in a multimillion-dollar contract and fraud dispute in the Permian Basin (southeastern New Mexico). Helped successfully remove wrongful liens placed on the client’s property, including obtaining an attorneys’ fee award for the removal of the liens. The dispute ended in a favorable settlement for the client.
- Successfully resolved numerous Telephone Consumer Protection Act class action claims in federal courts in Colorado and elsewhere.
- Assisted a railroad in CERCLA lawsuits involving disputes over contribution claims by a mining conglomerate.
- Counsel in a lawsuit asserting breach of fiduciary duty and malpractice claims on behalf of a Middle East investor swindled out of millions of dollars by Canadian professionals. Most defendants settled on favorable terms following their depositions. Second-chaired the subsequent bench trial and obtained a multimillion-dollar verdict on the client’s behalf.
- Counsel for a three-day state court jury trial for an individual facing charges of criminally negligent homicide.
- In a contentious, multimillion-dollar probate dispute, defeated a petition for accounting and information on the eve of hearing after 14 months of litigation.
- Retained on the eve of trial for a wage claim brought against a company by multiple former employees in Texas; negotiated a favorable settlement following involvement in the case.
- Served as lead Colorado counsel for a national moving company in multiple lawsuits alleging premises liability claims. Resolved lawsuits on favorable terms after each lead plaintiffs’ respective deposition.
- Counsel for a three-day federal jury trial on First Amendment and religious freedom claims.
- Lead counsel for a coalition of organizations and individuals defending a significant statutory amendment facing a constitutional challenge, brought by a powerful political coalition opposed to the law.
Appeals
- Successfully defended a multimillion-dollar District Court judgment to the Seventh Circuit.
- Obtained extraordinary interlocutory appellate relief from the Colorado Supreme Court on behalf of a financial services firm facing a nationwide class action, resulting in favorable settlement.
- Obtained extraordinary interlocutory appellate relief from Florida intermediate appellate court on behalf of a major health insurance company, resulting in favorable settlement.
- Authored numerous amicus briefs to the Colorado Court of Appeals, Colorado Supreme Court and Ninth Circuit on behalf of various pro bono clients.
- Briefed and handled oral arguments to the Colorado Court of Appeals on a statutory interpretation issue of first impression.
- Briefed and handled oral arguments to the Tenth Circuit on a Fourth Amendment search and seizure issue.
- Retained by representative organizations from both major political parties to draft amicus briefs at the certiorari and merits stage of an appeal to the Colorado Supreme Court concerning a controversial education reform bill.
Outside General Counsel
- Assisting an oil-field-services company as outside general counsel with day-to-day operational issues, including employment issues, managing intellectual property, business contract negotiations and risk mitigation.
- Advises an operating ranch with outside general counsel services, including contract negotiations and risk mitigation.
Education
- University of Colorado, Order of the Coif, Dean’s List, managing editor, Journal on Telecommunications and High Technology Law, 2012
- Wofford College, B.A., Kirby Endowed Full Scholarship Athlete (Football), 2009
Admissions
- New Mexico, 2019
- Wyoming, 2018
- Colorado, 2012
Courts
- U.S. Dist. Ct., Dist. of Colorado
- U.S. Dist. Ct., N. Dist. of Illinois
- U.S. Dist. Ct., Dist. of Connecticut
- U.S. Ct. of App., Seventh Circuit
- U.S. Ct. of App., Ninth Circuit
- U.S. Ct. of App., Tenth Circuit
- U.S. Supreme Court
Memberships and Affiliations
- Colorado Supreme Court Advisory Committee on the Rules of Civil Procedure, 2015-21
- Academy 360, Founding Board Member and Secretary, 2011-14
- Colorado Succeeds Advisory Council – member of Colorado Succeeds Talent Task Force
Clerk Experience
- Colorado Supreme Court
Hon. Nancy E. Rice
September 2012 - September 2013
- Recognized in The Best Lawyers in America 2021 and 2022: Ones to Watch for Energy Law in Denver
- Up & Coming Lawyers, Law Week Colorado 2017
- Member of American Enterprise Institute Leadership Network
- “7th Circ. Won't Revive $8.6M Suit Over Unpaid Air Base Work,” Law360, June 2020.
- “Colorado Companies, COVID-19 and Class Actions,” Law Week Colorado, May 2020.
- “Bottom Line,” The Hill, January, 2019.
- “2 Post-Kisor Rulings Show Auer Deference Isn’t Extinct,” Law360, November 2020.
- “The Civil Litigator: Resolving Collateral Colorado Business Disputes,” Colorado Lawyer, July 2019.
- “Operator Beware: Your New Mexico Contract May Not Mean What it Says,” The Energy Law Advisor, April 2019.
- “‘I need to speak with your supervisor!’ : Protecting your clients with the Apex Doctrine,” Wyoming Lawyer, February 2019.
- “Next Steps For Oil And Gas Owners If Colo. Passes Prop 112,” Law360, November 2018.
- “High Court should hear child rape case,” Daily Journal, November 2018.
- “A Flexible Definition of Reasonableness,” Law Week Colorado, September 2018.
- “Pruning the executive branch's regulatory powers,” SNL, January 2017.
- “Ga. And SC Are Newest Battlegrounds For Eminent Domain” Law360, October 2016.
- Author, "Colorado Companies, COVID-19 and Class Actions," Law Week Colorado, May 2020.
- Author, “The Civil Litigator: Resolving Collateral Colorado Business Disputes,” Colorado Lawyer, June 2019.
- Co-author, “Operator Beware: Your New Mexico Contract May Not Mean What It Says,” Energy Law Advisor, April 2019.
- Author, “I Need to Speak With Your Supervisor!” Wyoming Lawyer, February 2019.