Business & Commercial Disputes

Partner - Litigation and Investigations

Tim is an experienced trial attorney, focusing on antitrust and other commercial and complex litigation, international and U.S. arbitrations, and appeals. In his 40-year practice he has tried more than 35 cases in many areas, including antitrust, securities, telecommunications and oil & gas. He has argued and won appeals in the Tenth Circuit and Third Circuit courts of appeals, the Missouri Supreme Court, the Colorado Court of Appeals, and the Missouri Court of Appeals.

In antitrust, Tim is currently lead counsel in defending several real estate brokerages in the nationwide class action real estate commission cases, is representing a defendant in the Red Meat wage-fixing class action, and is representing a defendant in the Home Lots price-fixing class action.  He recently secured a dismissal on behalf of a defendant in the Real Page algorithmic rent-fixing student housing class action MDL case.  He won a complete defense judgment after a month-long trial in Denver federal court in an oil and gas Section 1 case in which plaintiff sought in excess of $1 billion in trebled damages, won summary judgments in 2 other oil and gas cases and successfully argued the appeals in the Tenth Circuit, and was lead counsel for Qwest Communications in the landmark U.S. Supreme Court case Bell Atlantic v. Twombly. 

Other trial successes include a complete defense judgment in a multi-million dollar breach of fiduciary duty case on behalf of the manager of an LLC, a bet-the-company trial in the golf industry, a $50 million win in a municipal business license tax trial in St. Louis and subsequent successful argument in the Missouri Supreme Court, a FINRA arbitration, and a successful argument in the Missouri Court of Appeals securing the reversal of a $55 million adverse judgment.

In his international arbitration practice, Tim achieved successful outcomes in a $30 million arbitration in the London Court of International Arbitration (“LCIA”) in the telecom industry and in an LCIA oil and gas arbitration involving claims in excess of $100 million. Tim’s practice also involves representing companies and individuals in government investigations brought by the Department of Justice, Federal Trade Commission, Securities and Exchange Commission, Commodity Futures Trading Commission and Colorado Attorney General.

Tim was named Colorado Antitrust “Lawyer of the Year” by Best Lawyers in America in 2020; has been listed annually in Chambers USA for commercial litigation and in Best Lawyers in America for commercial litigation, antitrust litigation and Securities/Capital Markets law; and has been named in Colorado Super Lawyers and in 5280 Magazine’s Denver’s Top Attorneys for Antitrust.  Tim is also a fellow of the American Bar Foundation and is a past Fellow of Litigation Council of America.

CIVIC INVOLVEMENT & HONORS Chambers USA, America's Leading Business Lawyers (2008-Present) Best Lawyers in America��– Lawyer of the Year in Litigation – Antitrust in Denver (2022) Best Lawyers in America, 2011-Present 5280 Magazine's Denver's Top Attorneys - Antitrust Colorado Super Lawyers  Fellow, American Bar Foundation PROFESSIONAL AFFILIATIONS American Bar Association Colorado Bar Association