Brent Owen

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.
• Lead counsel for a weeklong bench trial in Mesa County, Colorado. Obtained a complete defense verdict in complex, long-running estate dispute on behalf of a personal representative defeating multimillion-dollar claims for breach of fiduciary duty, unjust enrichment/constructive trust, excessive compensation and surcharge.
• Represented a landfill in Ohio in multiple venues (including the Ohio Supreme Court) to defeat coordinated, unlawful effort to deprive landfill of its operating license.
• Following a weeklong jury trial, obtained a defense verdict for a midstream oil and gas company facing multimillion-dollar claims related to drilling an oil and gas well in Eddy County, New Mexico.
• 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.
• Obtained dismissal of a complaint seeking to pierce the corporate veil of a private equity group in Arizona.
• 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.
• Prosecuted theft of trade secret and violation of noncompetition agreement claims to obtain a favorable settlement for an injured client.
• 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. Following a bench trial, 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.
• 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.
• 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.