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John Vaught Elected President-Elect of the Denver Bar Association

3/25/2013 12:00:00 AM

DENVER: Wheeler Trigg O'Donnell partner John Vaught has been elected president-elect of the Denver Bar Association effective July 1, 2013.

Vaught is a long-standing member of the CBA and has served in numerous roles and on various committees including the board of governors, liaison and budget committee, standing committee for CBA mentoring, task force on multidisciplinary practice, reporting liaison for the Chief Justice's commission on civil justice, founder and former chairman of the securities litigation subsection, and was nominated as one of the CBA's "Young Lawyers of the Year" for 1984.

In 2011, Vaught, a Vietnam veteran, helped to establish the CBA's Colorado Lawyers for Colorado Veterans program to provide pro bono legal service to Colorado veterans, active duty service members, and their families. The program offers free legal advice through clinics held around the state and through no-cost or low-fee legal services to individuals who require further help.

As president of the DBA starting in 2014, Vaught will support the organization's mission to enhance the quality of its members' legal practice, to improve the justice system, and to better the community through voluntary and educational endeavors.

Vaught's complex commercial litigation practice emphasizes commercial matters, insurance bad faith cases, insurance class actions, corporate governance issues, liability and director and officer insurance disputes, and appeals. In over 30 years of practice, he has gained substantial litigation, mediation, and trial experience in the federal courts and in Colorado involving complex commercial litigation, including the defense of class action litigation. He has successfully defeated every class certification in the dozens of major class actions involving securities fraud, insurance, and consumer products that he has defended for his clients.

Trial Tested™ Denver-based civil litigation firm Wheeler Trigg O'Donnell helps its clients resolve disputes that threaten their businesses, brands, products, people, and customers. WTO handles trials, appeals, arbitrations, and related areas of complex civil litigation, including class actions and multidistrict litigation, often as national or regional trial counsel, for many of the nation's best-known companies in a wide variety of industries.

Mike O'Donnell is ranked #1 and over half of WTO lawyers on 2013 Colorado Super Lawyers lists

3/8/2013 12:00:00 AM

DENVER: Mike O'Donnell is ranked number one and 44 Wheeler Trigg O'Donnell lawyers appear in the 2013 edition of Colorado Super Lawyers. Representing 56% of the firm's 79 lawyers, 24 were selected as Colorado Super Lawyers and 20 were selected as Rising Stars.

Fifteen WTO lawyers are listed among the top 100 lawyers in Colorado, making WTO the Colorado law firm with the most lawyers among the top 100.

Michael O'Donnell was named the "Top Point Getter" for 2013. Malcolm Wheeler, who was the "Top Point Getter" in 2010 and 2011, and O'Donnell were also selected to the Top 10 for the sixth time. Carolyn Fairless is included on the lists of the Colorado Top 100 and the Colorado Top 50 Women.

The WTO lawyers chosen to Colorado Super Lawyers 2013 and the practice areas in which they are listed include:

Top 10 and Top Point Getter Michael O'Donnell, Personal Injury Defense: Products;
Top 10 Malcolm Wheeler, Civil Litigation Defense;
Top 100 and Top 50 Women Carolyn Fairless, Professional Liability: Defense;
Top 100 Scott Barker, Business Litigation;
Top 100 Mark Clouatre, Business Litigation;
Top 100 John Fitzpatrick, Personal Injury Defense: Medical Malpractice;
Top 100 Hugh Gottschalk, Business Litigation;
Top 100 Kevin Kuhn, Personal Injury Defense: Medical Malpractice;
Top 100 Raymond Martin, Employment Litigation: Defense;
Top 100 Craig May, Business Litigation;
Top 100 Habib Nasrullah, Business Litigation;
Top 100 Terence Ridley, Insurance Coverage;
Top 100 Edward Stewart, Civil Litigation Defense;
Top 100 Jack Trigg, Class Action/Mass Torts;
Top 100 John Vaught, Appellate:
Mike Alper, Insurance Coverage;
Andrew Efaw, General Litigation;
Joseph Farchione, Personal Injury Defense: Medical Malpractice;
James Hooper, Personal Injury Defense: Products;
Steven Kelso, Franchise/Dealership;
Erik Nadolink, Personal Injury Defense: Products;
Reid Neureiter, Business Litigation;
Tamera Westerberg, Business Litigation; and
Gwen Young, Business Litigation.

The WTO lawyers chosen to Colorado Rising Stars 2013 and the practice areas in which they are listed include:

Kendra Beckwith, Business Litigation;
Galen Bellamy, Class Action/Mass Torts;
Miko Brown, Civil Litigation Defense;
Michele Choe, Personal Injury Defense: Products;
Matthew Johnson, Business Litigation;
LaMar Jost, Personal Injury Defense: Products;
Christopher Montville, Business Litigation;
Jeremy Moseley, Personal Injury Defense: Products;
Andrew Myers, Personal Injury Defense: Products;
Joel Neckers, Civil Litigation Defense;
Stephen Oertle, Personal Injury Defense;
Kara Rosenthal, Personal Injury Defense: Medical Malpractice;
David Schaller, Business Litigation;
Jessica Scott, Class Action/Mass Torts;
Kenneth Stalzer, Civil Litigation Defense;
Evan Stephenson, Insurance Coverage,
John Streelman, Franchise/Dealership;
Andrew Unthank, Business Litigation;
Theresa Wardon, Civil Litigation Defense; and
Michael Williams, Class Action/Mass Torts.

The 2013 Super Lawyers were selected based on their professional achievement and a high-degree of peer recognition. According to the publisher, "only the top 2.5 percent of the lawyers in the state are named Super Lawyers."

Trial Tested™ Denver-based civil litigation firm Wheeler Trigg O'Donnell helps its clients resolve disputes that threaten their businesses, brands, products, people, and customers. WTO handles trials, appeals, arbitrations, and related areas of complex civil litigation, including class actions and multidistrict litigation, often as national or regional trial counsel, for many of the nation's best-known companies in a wide variety of industries.

Reid Neureiter Joins Wheeler Trigg O'Donnell as Of Counsel

1/14/2013 12:00:00 AM

DENVER: The civil litigation firm Wheeler Trigg O'Donnell is pleased to announce that Reid Neureiter has joined the firm as of counsel effective January 7, 2013.

Neureiter joins the firm from Husch Blackwell and Jacobs Chase, where he was a partner and head of litigation. He has experience defending class actions, employment matters, shareholder and breach-of-contract disputes, and civil rights cases.

He has practiced in Denver since 1996, when he moved to the city to serve as court-appointed defense counsel in the trial of Terry Lynn Nichols, a defendant in the Oklahoma City bombing case. Prior to that, he worked as an associate at a law firm in Washington, D.C. where he handled complex litigation and libel defense. He also served as a law clerk to The Honorable Stanley Sporkin of the U.S. District Court for the District of Columbia.

Neureiter earned his law degree Order of the Coif from the University of Texas School of Law where he served as the associate editor of the Texas Law Review. He holds a master's degree in public affairs from the University of Texas at Austin and a bachelor's degree from Swarthmore College.

At WTO, Neureiter focuses his practice on complex commercial litigation and class actions in federal and state courts around the county.

Trial Tested™ Denver-based civil litigation firm Wheeler Trigg O'Donnell helps its clients resolve disputes that threaten their businesses, brands, products, people, and customers. WTO handles trials, appeals, arbitrations, and related areas of complex civil litigation, including class actions and multidistrict litigation, often as national or regional trial counsel, for many of the nation's best-known companies in a wide variety of industries.

15-Year-Old Wheeler Trigg O'Donnell in Growth Spurt

1/10/2013 12:00:00 AM

DENVER: Since January 2012, the Denver-based civil litigation firm of Wheeler Trigg O'Donnell LLP has added 21 lawyers, including two of counsel, 11 associates, and eight staff counsel. The firm, which now numbers 79 lawyers and 100 staff, relocated in June 2012 to new offices in Denver's Republic Plaza to accommodate the expansion.

The firm has quadrupled in size since it opened its doors with 19 lawyers in February 1998. Over the years, the addition of lawyers with diverse practices and industry backgrounds has resulted in a strong and deep base of experience. Today, Trial Tested™ WTO handles trials, appeals, arbitrations, and related areas of complex civil litigation, including class actions and multidistrict litigation, often as national or regional trial counsel, for many of the nation's best-known companies in a wide variety of industries and litigation practice areas.

In the past year, WTO has welcomed of counsel lawyers Reid Neureiter and Allison Cohn; associates Anthony Barbe, Nathan Bruggeman, Cara Dearman, Benjamin Delanghe, Ellen Herzog, Elizabeth Johnston, Cedric Logan, Mark Lyda, Nathan Murphy, Michael Song, and Thomas Werge; and staff counsel Carlo Bonavita, Anne Mangiardi, Daniel McParland, Kasey Meyer, Rebecca Graves Payne, Kimberly Still, Barbara Vaught, and Jeri Wettestad. See short bios below for the of counsel and associate attorneys.

Reid Neureiter joined the firm from Husch Blackwell and Jacobs Chase, where he was a partner and head of litigation. At WTO, his practice will focus on complex commercial litigation and class actions. He has practiced in Denver since 1996, when he moved to the city to serve as court-appointed defense counsel in the trial of Terry Lynn Nichols, a defendant in the Oklahoma City bombing case. Neureiter graduated Order of the Coif from the University of Texas School of Law where he was the associate editor of the Texas Law Review.

Allison Cohn returned to WTO as of counsel after spending the last two years at an international labor and employment law firm. Prior to that, she was an associate at WTO where she focused her practice on consumer class actions, breach of contract disputes, and medical malpractice matters. Cohn earned her law degree cum laude from the University of Pennsylvania Law School where she was the articles editor for the Journal of Constitutional Law.

Anthony Barbe joined the firm after serving as a judicial law clerk to The Honorable Ann B. Frick of the Denver District court. He earned his law degree Order of St. Ives from the University of Denver Sturm College of Law where he served as the managing editor of the Denver University Law Review.

Nathan Bruggeman worked at the U.S. Department of Homeland Security (DHS), first in the Office of International Affairs and then as an advisor to the Commissioner of U.S. Customs and Border Protection. Prior to that, he was a litigation associate at an international law firm where he handled appellate matters and securities and common law fraud litigation defense. Bruggeman served as a judicial law clerk to The Honorable Patrick E. Higginbotham of the U.S. Court of Appeals for the Fifth Circuit. He earned his law degree from the University of Texas School of Law where he was on the editorial board for the Texas Law Review.

Cara Dearman joined WTO from New York's Sullivan & Cromwell where she handled complex commercial and securities litigation and white collar defense matters. Prior to that, she served as a law clerk to The Honorable Cathy Cochran of the Texas Court of Criminal Appeals. Dearman earned her law degree Order of the Coif from the University of Texas School of Law where she was the articles editor of the Texas Journal of Oil, Gas and Energy Law.

Benjamin Delanghe is licensed to practice law in Canada and the U.S. Before earning his U.S. law degree, he practiced as a litigation associate at a law firm in Toronto, Ontario, on matters involving product liability, shareholder rights, and construction disputes. Delanghe earned his Canadian J.D. from the University of Windsor School of Law. He graduated from the University of Colorado School of Law in 2011 and then served as a judicial law clerk to The Honorable Nathan B. Coats of the Colorado Supreme Court.

Ellen Herzog served as a judicial law clerk to The Honorable Randy Crane of the U.S. District Court for the Southern District of Texas prior to joining WTO. She earned her law degree from the University of Texas School of Law where she served as the associate editor of both The Review of Litigation and The Texas Journal of Oil, Gas, & Energy Law.

Elizabeth Johnston has experience handling a variety of complex employment and business litigation matters at two other Denver-based law firms. She also worked as an attorney for The Legal Center for People with Disabilities. Johnston served as a law clerk to The Honorable Robert B. Maloney of the U.S. District Court for the Northern District of Texas. She earned her law degree cum laude from the University of Texas School of Law where she was the editor of the Review of Litigation.

Cedric Logan joined WTO after serving as a litigation associate in the New York office of Gibson, Dunn & Crutcher where he handled a wide variety of commercial litigation, including mergers and acquisitions, securities, and public policy. He earned his law degree from the New York University School of Law where he served as the notes editor for the Journal of Law & Liberty.

Mark Lyda currently sits on the Council of Advisors on Consumer Credit for Governor John Hickenlooper and has worked in various other roles for the Office of the Governor of Colorado, including as deputy legal counsel. Prior to joining WTO, he served as a law clerk to The Honorable Monica Márquez of the Colorado Supreme Court. Lyda earned his law degree from the University of Notre Dame Law School where he served as the senior articles editor of the Journal of Legislation.

Nathan Murphy served as a judicial law clerk to The Honorable Peter W. Hall of the U.S. Court of Appeals for the Second Circuit and to The Honorable Carlos F. Lucero of the U.S. Court of Appeals for the Tenth Circuit. He graduated from the University of Connecticut School of Law where he was ranked first in his class and wrote for the Connecticut Law Review. After earning a bachelor's degree from the U.S. Air Force Academy, Murphy served as a USAF management analyst building staff strategy for 360,000 troops and designing pilot motor skill tests.

Michael Song has tried over 40 cases, including 15 jury trials, and conducted over 100 grand jury investigations. Prior to joining WTO, Song served as an Assistant U.S. Attorney in the District of Hawaii and the District of Columbia. He served as a law clerk to The Honorable Royce C. Lamberth of the U.S. District Court in the D.C. Circuit. After earning an M.B.A. from Pepperdine University, Song graduated from the University of Texas with a law degree and a master's degree in public affairs.

Thomas Werge served as a judicial law clerk to The Honorable Joseph E. Beshouri of the District of Columbia Superior Court. He earned his law degree cum laude from Georgetown University Law Center where he also received a certificate in World Trade Organization Studies from Georgetown's Institute of International Economic Law. Before law school, Werge worked as a systems analyst for a data and communications company.

Trial Tested™ Denver-based civil litigation firm Wheeler Trigg O'Donnell helps its clients resolve disputes that threaten their businesses, brands, products, people, and customers. WTO handles trials, appeals, arbitrations, and related areas of complex civil litigation, including class actions and multidistrict litigation, often as national or regional trial counsel, for many of the nation's best-known companies in a wide variety of industries.

Law Week Colorado Selects Andrew Efaw Among its 2012 Lawyers of the Year

12/17/2012 12:00:00 AM

DENVER: Law Week Colorado named Wheeler Trigg O'Donnell partner Andrew Efaw among its 2012 Lawyers of the Year. A colonel in the United States Army, Efaw deployed in April of 2012 to serve an eight-month tour as a military judge in the U.S. Central Command with duty primarily in Afghanistan and Kuwait. While overseas, Efaw wrote dispatches chronicling his experiences from being stuck with vaccination needles in Fort Benning to his perfect depiction of the humanity, horror, and the absurdity of life he witnessed in the war zone. This was his second deployment to the Middle East. In 2004, Efaw served for nearly a year as the senior defense counsel in northern Iraq for the Army Judge Advocate General's Corps. Efaw's service to his country and sacrifice of leaving his wife, five children, successful litigation practice, and the general comforts of home make him one of Law Week Colorado's 2012 Lawyers of the Year.

Upon his return, Efaw will resume his litigation practice at WTO defending complex commercial and franchise cases, medical malpractice claims, and pharmaceutical and medical device product liability claims in federal and state courts throughout the country.

Click here to read Colonel Efaw's dispatches from his most recent deployment.

Trial Tested™ Denver-based civil litigation firm Wheeler Trigg O'Donnell helps its clients resolve disputes that threaten their businesses, brands, products, people, and customers. WTO handles trials, appeals, arbitrations, and related areas of complex civil litigation, including class actions and multidistrict litigation, often as national or regional trial counsel, for many of the nation's best-known companies in a wide variety of industries.

WTO Elects New Partners Andrew Unthank and Tamera Westerberg

12/6/2012 12:00:00 AM

DENVER: The Denver-based trial law firm Wheeler Trigg O'Donnell LLP is pleased to announce that Andrew Unthank and Tamera Westerberg have been named partners effective January 1, 2013.

Andrew Unthank's legal practice focuses on complex commercial suits, personal injury actions, and product liability matters. Unthank has extensive experience defending claims under state and federal consumer protection statutes at both the trial and appellate level. Additionally, Unthank has successfully defended numerous product liability suits, including class actions, for major manufacturers of a variety of consumer and industrial products. Prior to joining WTO, Unthank served as a judicial law clerk to The Honorable Nathan B. Coats of the Colorado Supreme Court. He graduated Order of St. Ives from the University of Denver Sturm College of Law.

Tamera Westerberg focuses her practice on professional liability defense, and on a wide range of complex commercial litigation matters representing clients from Fortune 500 companies to small business entities and individuals in federal and state courts. She has particular experience in defending lawyers in legal malpractice and related actions, complex contract actions, employment and trade secret disputes, securities actions, corporate governance matters, energy law, and internal investigations. She graduated from the University of Denver Sturm College of Law.

Please contact WTO's Director of Marketing, Connie M. Proulx, for more information.

WTO selected as the Denver Business Journal's #1 Best Place to Work in Denver

11/15/2012 12:00:00 AM

For the third time in the last five years, WTO was named the number one Best Place to Work in Denver in the firm's respective size category in an annual employee survey conducted by the Denver Business Journal.

The firm made it to the top spot based on the high marks employees gave for the caring and respect that pervade the firm, for the generous benefits and the fun perks the firm provides, and for the opportunities the firm's charitable foundation offers to build camaraderie and help those in need. Employees also attributed management's willingness to listen and continuously improve the work environment as factors in their high ranking scores, two behaviors that were especially evident during the firm's relocation to a new attractive and efficient office space in 2012. Before WTO made the move, management arranged for the interior designers to gather input on design and functionality from the employees.

In accepting the Best Places to Work award on WTO's behalf, managing partner Carolyn Fairless thanked the employees for making WTO such a special place by caring so deeply about each other and about the firm's clients.

Firm chairman Michael O'Donnell cites trying to do the right thing and the smart thing as his personal mantra for leading the firm. O'Donnell says, "It's pretty straight forward that if you treat people well, they'll treat co-employees and clients well. It's a nice perfect circle of respect and compassion."

For more information, please contact WTO's Director of Marketing, Connie Proulx.

Media Advistory: Early voting incidents raise new concerns about the security and accuracy of touch-screen electronic voting machines in Colorado

11/5/2012 12:00:00 AM

FOR IMMEDIATE RELEASE
November 5, 2012, Denver, Colorado
Contact: Connie Proulx, 303.244.1919, proulx@wtotrial.com

WHAT:
Early voting incidents raise new concerns about the security and accuracy of touch-screen electronic voting machines in Colorado

WHO:
Paul Hultin and Matthew Johnson, attorneys for Myriah Conroy and Jeffrey Sherman

HISTORY OF TOUCH SCREEN PROBLEMS

On the eve of the 2012 General Election in the swing state of Colorado, attorneys representing nonpartisan Colorado voters are expressing high-level concerns about incidents in which electronic voting machines have miscounted votes in early voting in Mesa and Pueblo Counties. On November 1, 2012 the Republican National Committee issued a press release reporting similar touch-screen malfunctions in five other states. Touch screens are being used in every Colorado County. Three Colorado counties – Arapahoe, Adams, and Weld – will primarily use touch-screen voting in tomorrow's General Election, with 650 touch-screen machines being used in Arapahoe County alone.

Attorneys Paul Hultin and Matthew Johnson of the Denver-based civil litigation law firm Wheeler Trigg O'Donnell LLP (WTO) have represented, pro bono, Jeffrey Sherman and Myriah Sullivan Conroy (the "Electors") since 2006 when the Denver District Court ordered the Secretary of State to adopt security testing and safeguards for touch screens in Conroy v. Dennis. Un-rebutted testimony from national experts was presented in Conroy that touch-screen voting machines are easily hacked and are unreliable. As a result of Conroy, a law was passed and mandatory election rules were adopted which require the Secretary of State (SOS) to inspect and test touch-screen voting systems in two Colorado counties per year to make sure they meet state security standards and reliably and accurately count votes. The SOS is also required to inspect software incident records of the touch-screen manufacturers to identify and fix software bugs and operating problems with touch-screen machines before they are used in an election.

In November 2011, Electors and their attorneys began a dialogue with the SOS questioning his proposal to remove important county security requirements for touch-screen voting machines. In August 2012, the Electors and their WTO pro bono lawyers discovered that Secretary of State Gessler, since he was elected, had not followed his own mandatory touch-screen rules. He had not done required security and accuracy testing and had not inspected any software incident reports. The Electors were left with no choice but to send notice that they were prepared to file a lawsuit requesting an emergency order that Gessler follow the law and comply with his own touch-screen voting rules. Only then, on October 10, 2012, did Gessler promise to follow the law and inspect and test the touch-screen voting systems in Arapahoe, Adams and Weld Counties.

Hultin stated, "It is regrettable that it took the threat of a lawsuit to force Colorado's Chief Election Officer to follow his own touch-screen rules adopted to ensure that every vote is accurately counted in this critical election."

Documentation of the one-day "reviews" done by the SOS proves that the work was superficial, incomplete and did not involve even one test of the touch screens' security and accuracy. The SOS admits that his office never inspected manufacturer software incident reports as required by the election rules.

Johnson analyzed the documentation provided by the SOS for the one-day reviews done a few weeks before the election. He said, "It is apparent that the SOS was not prepared and did not do thorough or professional testing to make sure that this dubious and outdated voting technology is ready for the election."

This leaves Colorado voters, especially in Arapahoe, Adams and Weld counties, in a precarious position as they go to the polls to vote tomorrow.

RECOMMENDATION TO VOTERS

With a razor-thin margin expected in Colorado, it is critical that voters take action to avoid problems with touch-screen electronic voting.

Myriah Conroy, who has been deeply involved in election integrity efforts since 2006, said: "voters should request and use paper ballots wherever possible. If voters must use touch-screen voting machines they should use extra vigilance to make sure that their votes are accurately recorded and counted."

Iraq war veteran Jeff Sherman said, "We hope this election proceeds fairly and accurately in Colorado. We will continue our efforts after the election to make sure that the Secretary of State follows the law and his own regulations to ensure the integrity of future elections."

Mike O'Donnell Elected Regent of American College of Trial Lawyers

11/2/2012 12:00:00 AM

DENVER: Michael O'Donnell, co-founder and chairman of Wheeler Trigg O'Donnell, has been elected to the 15-member Board of Regents of the American College of Trial Lawyers (ACTL). He is the first regent from Colorado in 30 years.

Widely considered to be the premier professional trial organization in North America since it was founded in 1950, the ACTL is composed of the finest U.S. and Canadian trial lawyers who are dedicated to maintaining and improving the standards of trial practice, the administration of justice, and the ethics of the profession. Fellowship is by invitation only and is limited to the top one percent of lawyers in a state or province.

O'Donnell is a current ACTL Fellow and the former Colorado chairman. As Regent of District 4, O'Donnell will have an assigned jurisdiction of states as one of the 15 members of the Board of Regents that manages the College's affairs. The regents are elected for four-year terms at the annual meeting.

In over 30 years of practice, O'Donnell has defended clients in complex civil litigation involving product liability, professional liability, torts, class actions and mass actions, commercial litigation, and bet-the-company matters around the country. He has appeared as lead counsel in state and federal courts in 25 states and has served as national or regional counsel for a number of Fortune 500 companies including General Electric, Advanced Bionics, McKesson, Boston Scientific, Pfizer, and CNA. O'Donnell also represents a number of large law firms inside and outside the state of Colorado. He has been recognized by Chambers, Best Lawyers, Colorado Super Lawyers and other rankings guides. In 2008, the Colorado Trial Lawyers Association recognized him for the highest standards of competency, ethics, and professionalism. O'Donnell is a former chairman of The Network of Trial Law Firms. He received the DU Law Outstanding Alumni Award in 2012. He is the founder and president of the Wheeler Trigg O'Donnell Foundation.

For more information, please contact WTO's Director of Marketing, Connie Proulx.

U.S. News/Best Lawyers® Ranks WTO a National First-Tier Firm in Medical Malpractice Law and Product Liability Litigation

11/1/2012 12:00:00 AM

DENVER: In its 2013 "Best Law Firms" rankings list, U.S. News/Best Lawyers® ranked Wheeler Trigg O'Donnell among the top 100 firms in the country in their national first-tier for medical malpractice defense law and product liability defense litigation. WTO was also ranked nationally in the third-tier in environmental and labor & employment litigation. In Colorado, WTO ranked in the first-tier in 10 practice areas.

The "Best Law Firms" list selects the top firms in the country as well as a list of the top firms in 170 different metro areas and states from a compilation of lawyer and client evaluations and data submitted by nominated firms. Achieving a national first-tier ranking is a special distinction that signifies a unique combination of excellence and breadth of expertise.

A client interviewed by U.S. News/Best Lawyers described WTO as, "the firm to hire in the highest exposure cases requiring experienced trial counsel."

Click here to see what other interviewed clients said about WTO.

The complete list of WTO's 2013 U.S. News/Best Lawyers rankings are below.

National - Tier 1

Medical Malpractice Law – Defendants
Product Liability Litigation - Defendants

National – Tier 3

Litigation – Environmental
Litigation – Labor & Employment

Colorado - Tier 1

Commercial Litigation
Insurance Law
Legal Malpractice Law – Defendants
Litigation - Eminent Domain & Condemnation
Litigation – Environmental
Litigation – Intellectual Property
Litigation - Labor & Employment
Medical Malpractice Law – Defendants
Personal Injury Litigation – Defendants
Product Liability Litigation – Defendants

Contact WTO's Director of Marketing, Connie Proulx, for more information.

Benchmark Litigation 2013 Ranks Seven WTO Partners Among 33 Colorado Litigation Stars

10/26/2012 12:00:00 AM

DENVER: The sixth edition of Benchmark Litigation, a lawyer rankings directory compiled from extensive interviews with litigators and clients, includes seven Wheeler Trigg O'Donnell partners among its 33 Colorado Litigation Stars. Inclusion on this list recognizes a lawyer's ability to consistently handle complex and high-stakes cases in multiple jurisdictions. No other firm in Colorado has more than three lawyers listed.

The seven Colorado Litigation Stars include partners Scott Barker, John Fitzpatrick, Hugh Gottschalk, Kevin Kuhn, Habib Nasrullah, Michael O'Donnell, and Malcolm Wheeler.

Partners Carolyn Fairless, Jim Hooper, Craig May, and Mike Williams are listed among Benchmark Litigation's nine Colorado Future Stars.

As a firm, WTO is ranked among the top four highly recommended Colorado litigation firms. The publication notes, "The firm's product liability defense practice, led by name partner Malcolm Wheeler is regarded as one of the best in the nation, on par with some of the largest law firms in the US."

Please contact WTO's Director of Marketing, Connie M. Proulx, for more information.

WTO Associate Mark Lyda Appointed to Hickenlooper's Council of Advisors on Consumer Credit

10/12/2012 12:00:00 AM

DENVER: On October 12, 2012, Wheeler Trigg O'Donnell associate Mark Lyda was appointed by Colorado Governor John Hickenlooper to serve a three-year term on the Council of Advisors on Consumer Credit, a nine-person assembly that advises the attorney general's office on consumer credit issues and has the authority to approve or repeal final rules under the Uniform Consumer Credit Code.

A first-year associate at WTO, Mark's legal practice focuses on complex commercial litigation at both the trial and appellate level. Prior to joining the firm, he served as a law clerk to The Honorable Monica Márquez of the Colorado Supreme Court and worked in various roles for the Office of the Governor of Colorado including deputy legal counsel. Mark earned his law degree from the University of Notre Dame in 2010 and holds a B.A. from the University of Kansas.

For more information, please contact Connie Proulx, Director of Marketing, Wheeler Trigg O'Donnell LLP.

Law Week Colorado's 2012 Barrister's Best Recognizes Two WTO Lawyers

9/7/2012 12:00:00 AM

The 2012 edition of Law Week Colorado's annual Barrister's Best rankings survey includes two Wheeler Trigg O'Donnell partners. Kevin Kuhn was selected by his peers as the "Best Medical Malpractice Lawyer for Defendants." Mike O'Donnell was selected as the Barrister's Best "Best Class Action / Mass Tort Lawyer for Defendants" by the editorial team who commented, "We're happy that others are seeing what many in Denver have known for years: O'Donnell's at the top of his game."

If you would like more information, please contact WTO's Director of Marketing, Connie Proulx.

WTO Expands Executive Management Team: Carolyn J. Fairless Is New Managing Partner

10/3/2012 12:00:00 AM

DENVER, CO – Wheeler Trigg O'Donnell announced today that it has expanded its executive management team to include Carolyn Fairless as the firm's managing partner effective immediately. Fairless previously served as the firm's recruiting committee chair.

In addition to the election of Fairless, WTO partners elected Hugh Gottschalk as chief executive officer. Gottschalk had served as the firm's managing partner since 2003. Incumbent Michael O'Donnell was re-elected firm chairman, a role he has held since he helped found the firm in 1998.

The election occurred during the firm's recent annual lawyer retreat. The expansion of the management team is attributable to the firm's growth to almost 80 lawyers.

Fairless has practiced extensively in the federal and state courts in Colorado and has been admitted pro hac vice in a number of other states. Her practice focuses on the defense of legal malpractice claims, product liability, intellectual property, and complex commercial litigation. She has been selected to the Best Lawyers® 2012 and 2013 lists for commercial litigation and legal/professional malpractice defense law. She has been chosen by her peers for the Colorado Super Lawyers® list since 2009 and has appeared on CSL's lists of the top lawyers and top women lawyers in the state in 2011 and 2012. Law Week Colorado named her a top woman lawyer in 2010. Fairless was born in Vietnam and was raised in New Orleans. She graduated in 1998 from the University of Colorado School of Law. She served as president of the Foothills Animal Foundation from 2009 to 2012.

"Carolyn's election to managing partner reflects our ongoing succession planning strategy to develop our next generation of leaders," said firm chairman Mike O'Donnell. "Maintaining a multi-generational firm that develops and supports lawyers who have the capacity and desire to improve our firm, our profession, and our community has been a core value of WTO since our inception. Carolyn has great judgment and is well respected within our firm and the legal community."

Wheeler Trigg O'Donnell was established in February 1998 by a group of nationally renowned trial attorneys who wanted to practice within a firm that focused all of its resources and skills on civil trials. The founding partners were O'Donnell, Malcolm Wheeler, Jack Trigg, Mark Kennedy, and Paul Hultin.

For more information, please contact Connie Proulx, Director of Marketing, Wheeler Trigg O'Donnell LLP, proulx@wtotrial.com

Best Lawyers® Names Four WTO Partners 2013 Denver Lawyers of the Year

9/21/2012 12:00:00 AM

DENVER: Best Lawyers®, the oldest peer-review publication in the legal profession, named Scott Barker as the "Denver Best Lawyers Bet-the-Company Litigation Lawyer of the Year," John Fitzpatrick as the "Denver Best Lawyers Mass Tort Litigation / Class Actions Defense Lawyer of the Year," Kevin Kuhn as the "Denver Best Lawyers Medical Malpractice Law Defense Lawyer of the Year," and Michael O'Donnell as the "Denver Best Lawyers Product Liability Litigation Lawyer of the Year" for 2013.

Scott Barker has over 30 years of experience as a private practice litigator and has tried over 80 cases for international, national, and Western regional companies in industries as diverse as energy, manufacturing, construction, financial services, recreation, and technology. Scott focuses his practice on complex civil litigation and class-action lawsuits involving commercial, environmental, natural resources, product liability, toxic tort, and personal injury defense matters.

John "Fitz" Fitzpatrick has developed a reputation as the "go-to" defense trial attorney for high-exposure cases for both national and local clients with over 200 cases tried to verdict in 32 states, the vast majority of which resulted in a defense victory. Whether the case involves tragic birth-trauma claims or other catastrophic medical malpractice claims, allegations of product defects in asbestos, pharmaceuticals, medical devices, or aviation, or chemical releases of toxic substances, Fitz has an unparalleled record of success.

Kevin Kuhn has extensive experience handling the defense of medical malpractice and professional liability matters and both the plaintiff and defense side of personal injury and product liability cases. He has tried over 125 cases, including 70 jury trials and over 55 bench trials. His specialty is in defending medical malpractice cases involving physicians, dentists, oral surgeons, hospitals, nurses, and other health care providers.

A founder and the chairman of WTO, Mike O'Donnell's national practice focuses on complex civil litigation involving professional liability, product liability, torts, class actions, and commercial matters. He has appeared as lead counsel in state and federal courts in 25 states. His product liability work includes handling the defense of matters for Fortune 500 companies in the medical device, pharmaceutical, automotive, energy, construction, and manufacturing industries.

Only a single lawyer in each practice area and designated metropolitan area is honored as the "Lawyer of the Year," making this accolade particularly significant. Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity. Steven Naifeh, President of Best Lawyers®, says, "We continue to believe — as we have believed for over 30 years — that recognition by one's peers is the most meaningful form of praise in the legal profession."

Media Advisory: General Election and DRE Concerns

8/28/2012 12:00:00 AM

Nonpartisan Colorado voters release letter requesting meeting with Secretary of State Gessler to address how to mitigate pervasive violations of election laws and election security regulations identified in June primary election.

Contacts:
Paul F. Hultin, 303-244-1840
Matthew E. Johnson, 303-244-1864

Background:
Attorneys Paul Hultin and Matthew Johnson of the Denver-based civil litigation law firm Wheeler Trigg O'Donnell LLP (WTO) represent, pro bono, two nonpartisan Colorado voters, Jeffrey Sherman and Myriah Sullivan Conroy (the "Electors") regarding the Electors' ongoing concerns about the integrity and accuracy of the November 2012 General Election because of security lapses in the June primary election involving discredited Direct Recording Electronic voting machines ("DREs"). WTO has continued its pro bono representation of the Electors since the Denver District Court ordered enhanced security for DREs in the lawsuit of Conroy v. Dennis in 2006.

On August 24, WTO sent a letter to Secretary Gessler explaining the severity of documented election law violations in the June primary election in Douglas and Teller Counties. A copy of that letter is attached.

On behalf of its clients, WTO is seeking a meeting with Secretary Gessler to discuss emergency action that can be taken to mitigate what appear to be systemic violations of Colorado election security laws and regulations. To date, WTO has not received a substantive response to its August 24 letter. The Secretary's office has proposed an August 31, 2012 preliminary meeting with the Deputy Secretary of State.

As noted in the August 24 letter, the Electors are attempting to schedule meeting with Secretary Gessler to address what appear to by state-wide DRE security lapses in light of admitted security lapses in the June primary election. Douglas County Clerk and Recorder Jack Arrowsmith claimed that Douglas County had received a non-existent exemption from Election Rule 43 (DRE security). Multiple breaches of Election Rule 43, and lack of basic knowledge of DREs in Teller County was reported by Secretary Gessler in recently released reports. This indicates a systemic problem with election security statewide that has the potential to cast a dark cloud over the 2012 Presidential election in Colorado.

During the fall of 2011 and the winter and spring of 2012, Secretary Gessler amended Election Rule 43. The Electors and WTO submitted public comments objecting to the Secretary's proposed amendments as an unnecessary and dangerous dilution of DRE security regulations. Recent Republican primary election debacles in Douglas and Teller County have taken the Electors' concerns from being purely theoretical approximately six months ago, to the reality of today.

There is a scientific consensus that DREs are insecure and unreliable. DREs continue to be challenged by computer scientists from major universities (including Stanford, Princeton and Johns Hopkins) by engineers, and by policy makers across the United States. With a razor-thin margin in the presidential election predicted in the swing state of Colorado, it is critical that Secretary Gessler conduct a comprehensive examination of the preparedness of the County Clerks in Colorado to avoid an election day melt-down.

Best Lawyers® 2013 Ranks 17 WTO Partners

8/21/2012 12:00:00 AM

The Best Lawyers rankings list is based on an exhaustive peer-review survey involving more than 3.9 million detailed evaluations from leading attorneys across the country and is regarded by Corporate Counsel magazine as "the most respected referral list of attorneys in practice."

The 2013 edition includes Scott Barker, Mark Clouatre, Andrew Efaw, Carolyn Fairless, John Fitzpatrick, Hugh Gottschalk, Kevin Kuhn, Raymond Martin, Craig May, Habib Nasrullah, Michael O'Donnell, Terence Ridley, Edward Stewart, Jack Trigg, John Vaught, Malcolm Wheeler, and Michael Williams.

The practice areas in which WTO lawyers are recognized include bet-the-company litigation, commercial litigation, environmental litigation, insurance law, intellectual property litigation, labor and employment litigation, mass tort litigation, medical malpractice law, personal injury litigation, product liability litigation, professional malpractice law, and securities litigation.

Bet-the-Company Litigation
Scott S. Barker
Hugh Q. Gottschalk
Michael L. O'Donnell

Commercial Litigation
Scott S. Barker
Mark T. Clouatre
Carolyn J. Fairless
Hugh Q. Gottschalk
Habib Nasrullah
Michael L. O'Donnell
Edward C. Stewart
John R. Trigg
John M. Vaught
Michael T. Williams

Environmental Litigation
Scott S. Barker

Insurance Law
Terence M. Ridley
John M. Vaught

Intellectual Property Litigation
Hugh Q. Gottschalk

Legal Malpractice Law – Defendants
Carolyn J. Fairless
Michael L. O'Donnell

Labor & Employment Litigation
Raymond W. Martin

Mass Tort Litigation / Class Actions – Defendants
Scott S. Barker
John M. Fitzpatrick
Michael T. Williams

Medical Malpractice Law – Defendants
John M. Fitzpatrick
Kevin J. Kuhn

Personal Injury Litigation – Defendants
John M. Fitzpatrick
Craig R. May
Michael L. O'Donnell
Edward C. Stewart
Malcolm E. Wheeler

Product Liability Litigation – Defendants
John M. Fitzpatrick
Hugh Q. Gottschalk
Craig R. May
Habib Nasrullah
Michael L. O'Donnell
Edward C. Stewart
John R. Trigg
Malcolm E. Wheeler
Michael T. Williams

Professional Malpractice Law – Defendants
Andrew C. Efaw
Carolyn J. Fairless
John M. Fitzpatrick

Securities Litigation
John M. Vaught

For more information, please contact Connie Proulx, Director of Marketing.

Malcolm Wheeler Inducted as a Fellow in the International Academy of Trial Lawyers

7/30/2012 12:00:00 AM

DENVER: Wheeler Trigg O'Donnell is proud to announce that Malcolm Wheeler has been inducted as a Fellow in the International Academy of Trial Lawyers (IATL).

Formed in 1954, the IATL is recognized as the most prestigious organization of defense and plaintiff trial lawyers in the world. Through peer and judicial reviews, the Academy seeks out top-tier trial lawyers who demonstrate excellent character, absolute integrity and professionalism, and those who promote the highest standards of the civil justice system. Wheeler joins an elite group of just 500 active trial lawyers from the United States and 100 from over 30 other countries throughout the world.

In his impressive career spanning over 40 years, Wheeler has handled several highly publicized cases, including the Ford Pinto criminal prosecution, the damages phase of the Kearns windshield-wiper patent case, the first "no airbag" case tried to verdict, the first defective airbag case tried to verdict, and cases in the medical device, pharmaceutical, chemical, automotive, and appliance industries. He has made several appearances on national news programs as the designated media representative in connection with major litigation for a number of Fortune 500 companies, and has served as national trial counsel for Pfizer, Ford, and Whirlpool.

In addition to his induction into IATL, Wheeler is a Fellow in the American College of Trial Lawyers, is regularly ranked among the top 10 product liability lawyers in the country by Chambers USA, and has been selected as one of the 10 most admired product liability lawyers in the United States by Law360.

WTO partner Jack Trigg describes Wheeler saying, "His style is extremely thorough. He personally reads every sheet of paper and researches every issue that could possibly come up. He is, without a doubt, the hardest working person I have ever practiced law with, and he is the ultimate professional, ethical lawyer."

WTO Settles Into New Offices at Denver's Republic Plaza

7/25/2012 12:00:00 AM

Wheeler Trigg O'Donnell personnel have quickly embraced the functionality and efficiency of their new home in Denver's Republic Plaza. The firm moved into the space created by RNL Design in June. The conference center and mock trial courtroom, in particular, have already enhanced the services provided to clients and the Denver legal and business communities. The firm's address is now 370 Seventeenth Street, Suite 4500, Denver, CO 80202-5647. Phone and fax numbers and email addresses have remained the same.

Visit The[news]Seen to read more about the office's amenities and design elements.

Michael O'Donnell Recognized with DU Sturm College of Law's 2012 Outstanding Alumni Award

7/9/2012 12:00:00 AM

DENVER – Wheeler Trigg O'Donnell is proud to announce that firm chairman Michael O'Donnell has been selected as the 2012 recipient of the University of Denver Sturm College of Law's Outstanding Alumni Award. This prestigious award is presented each year to a DU Law graduate who has demonstrated professional achievement and humanitarian service to the community.

In his impressive 30-year career, Mike has appeared as lead counsel in state and federal courts in 25 states and currently serves as national and regional trial or resolution counsel for a number of Fortune 500 companies. His national litigation practice focuses on complex civil litigation involving product liability, professional liability, tort, class action, commercial, and bet-the-company litigation matters. A Fellow in the American College of Trial Lawyers, Mike was recently named a Lawyer of the Decade by Law Week Colorado, is among a select group of lawyers to have appeared on Colorado Super Lawyers' top 10 list multiple times, and is listed in Chambers USA and Best Lawyers.

In 2005, Mike founded The Wheeler Trigg O'Donnell Foundation, a nonprofit established to build a caring community and to provide WTO personnel and their families and friends a way to reach out to those in need. Since its inception, the WTO Foundation has donated over $800,000 and countless volunteer hours to more than 100 organizations. Mike is also a founding member and current board member of the Walking for Kids Foundation which raises money for children's charities across the country and serves on the boards of directors for The Denver Police Foundation and Catholic Charities Archdiocese of Denver.

Mike will be honored and receive his award at the DU Law Stars Banquet on September 13, 2012.

For more information, contact Connie Proulx, WTO's Director of Marketing.