
Credentials
Education
Recognition
The Best Lawyers in America
Ones to Watch - Personal Injury Litigation, Defendants, 2022-2025
Ones to Watch - Commercial Litigation, 2023-2025
Colorado Super Lawyers
Rising Stars, Personal Injury - Medical Malpractice Defense, 2022-2026
Bar and Admissions
Colorado
New Mexico
New York
U.S. Court of Appeals, 10th Circuit
U.S. District Court, D. Colorado
U.S. District Court, D. New Mexico
U.S. District Court, E.D. New York
U.S. District Court, S.D. New York
U.S. District Court, W.D. New York
Legal Memberships & Activities
Colorado Bar Association
Denver Bar Association
New Mexico Bar Association
New York State Bar Association
New York State Attorney General’s Triple “C” Award
Colorado Defense Lawyers Association
Colorado Notre Dame Lawyers’ Committee
Faculty of Federal Advocates
University of Denver Sturm College of Law - Mentor
University of Colorado School of Medicine - Annual Guest Lecturer
Community Activity
Denver Health Foundation
Next Generation Giving, Board Member
Notre Dame Club of Denver
Other Experience
Summer Clerk, United States Attorney’s Office, Western District of New York
Brian Osterman leads clients through high-exposure and complex professional liability and commercial matters. He has experience winning as a first chair trial lawyer, and he has also won early in litigation for clients facing high-exposure claims in the most challenging of jurisdictions. Brian regularly takes on difficult cases—and achieves favorable outcomes—when prior strategies have not produced desirable results.
In addition to his professional liability practice, Brian represents healthcare corporations, facilities, long-term care facilities, and assisted living facilities in personal injury and commercial litigation matters.
Brian brings particular knowledge to high-stakes litigation in the state of New Mexico. He understands the complexities of the state’s legal landscape, and is skilled at representing clients there across a range of healthcare and professional negligence cases.
Prior to joining WTO, Brian spent five years as an associate at a New York litigation firm.
Cases
Medical Malpractice & Professional Liability
Representing CNA as regional trial counsel for Healthcare and Aging Services clients.
Handle board matters for physician clients before the Department of Regulatory Agencies and Colorado Medical Board.
Medical Malpractice & Professional Liability
Representing CNA as regional trial counsel for Healthcare and Aging Services clients.
Handle board matters for physician clients before the Department of Regulatory Agencies and Colorado Medical Board.
Obtained early dismissal in a multimillion-dollar case for a New Mexico healthcare client. Our aggressive early motion practice and creative expert discovery at the earliest stages of litigation were key to achieving this successful outcome.
Obtained a voluntary walkaway dismissal in a New Mexico wrongful death case. Early dispositive motion practice forced the plaintiff to withdraw claims against our client.
Representing a national hospital network in medical malpractice and professional negligence cases across the country.
Won walkaway dismissal for a physician in an $85 million birth injury case.
Won dismissal on summary judgment—including an award of attorneys' fees—in a case involving medical malpractice and breach of contract claims.
Won favorable settlement for a New Mexico hospital in a multimillion dollar case involving medical malpractice and unfair trade practices claims.
Won favorable settlement for a healthcare client in a $64 million birth injury case in Maryland.
Won dismissal of all claims of vicarious liability and apparent agency for a hospital in multimillion dollar case in New Mexico.
Obtained voluntary dismissal for a defendant physician in a multimillion dollar medical malpractice action.
Obtained early voluntary dismissal of hospital in a $25 million medical malpractice action.
Obtained dismissal of claims against a private hospital, establishing an exception to the traditional rule of vicarious liability in New York State.
Won a motion to dismiss for a hospital client in New York in a matter of first impression involving Emergency Medical Treatment and Labor Act (EMTALA) claims in the Second Circuit. The Court affirmatively ruled that the hospital's obligations under EMTALA ceased upon admitting the plaintiff.
Commercial Litigation
Successfully defended a property management corporation and related entities in a high-exposure carbon monoxide case.
Successfully defended a corporate client facing a multitude of claims including breach of contract, unjust enrichment, civil theft, piercing the corporate veil, and the claims under the Colorado Consumer Protection Act. We utilized early motion practice to eliminate all but one of the plaintiff's claims, which the plaintiff then dismissed for nuisance value.
Following a successful trial, achieved favorable resolution for a client in a capacity to contract case.
Successfully represented a party in a $2 billion dispute surrounding the future ownership of the Broncos NFL franchise and family trust.
Successfully represented a corporate client in a multimillion-dollar complex commercial dispute involving breach of contract, non-compete, and trade secret claims. Resolved all claims in the client's favor and obtained an additional monetary award.
Representing a corporate client in a case involving allegations of breach of contract, unfair trade practices, and general corporate malfeasance.

Brian Osterman leads clients through high-exposure and complex professional liability and commercial matters. He has experience winning as a first chair trial lawyer, and he has also won early in litigation for clients facing high-exposure claims in the most challenging of jurisdictions. Brian regularly takes on difficult cases—and achieves favorable outcomes—when prior strategies have not produced desirable results.
In addition to his professional liability practice, Brian represents healthcare corporations, facilities, long-term care facilities, and assisted living facilities in personal injury and commercial litigation matters.
Brian brings particular knowledge to high-stakes litigation in the state of New Mexico. He understands the complexities of the state’s legal landscape, and is skilled at representing clients there across a range of healthcare and professional negligence cases.
Prior to joining WTO, Brian spent five years as an associate at a New York litigation firm.
Credentials
Education
Recognition
The Best Lawyers in America
Ones to Watch - Personal Injury Litigation, Defendants, 2022-2025
Ones to Watch - Commercial Litigation, 2023-2025
Colorado Super Lawyers
Rising Stars, Personal Injury - Medical Malpractice Defense, 2022-2026
Bar and Admissions
Colorado
New Mexico
New York
U.S. Court of Appeals, 10th Circuit
U.S. District Court, D. Colorado
U.S. District Court, D. New Mexico
U.S. District Court, E.D. New York
U.S. District Court, S.D. New York
U.S. District Court, W.D. New York
Legal Memberships & Activities
Colorado Bar Association
Denver Bar Association
New Mexico Bar Association
New York State Bar Association
New York State Attorney General’s Triple “C” Award
Colorado Defense Lawyers Association
Colorado Notre Dame Lawyers’ Committee
Faculty of Federal Advocates
University of Denver Sturm College of Law - Mentor
University of Colorado School of Medicine - Annual Guest Lecturer
Community Activity
Denver Health Foundation
Next Generation Giving, Board Member
Notre Dame Club of Denver
Other Experience
Summer Clerk, United States Attorney’s Office, Western District of New York
Cases
Medical Malpractice & Professional Liability
Representing CNA as regional trial counsel for Healthcare and Aging Services clients.
Handle board matters for physician clients before the Department of Regulatory Agencies and Colorado Medical Board.
Medical Malpractice & Professional Liability
Representing CNA as regional trial counsel for Healthcare and Aging Services clients.
Handle board matters for physician clients before the Department of Regulatory Agencies and Colorado Medical Board.
Obtained early dismissal in a multimillion-dollar case for a New Mexico healthcare client. Our aggressive early motion practice and creative expert discovery at the earliest stages of litigation were key to achieving this successful outcome.
Obtained a voluntary walkaway dismissal in a New Mexico wrongful death case. Early dispositive motion practice forced the plaintiff to withdraw claims against our client.
Representing a national hospital network in medical malpractice and professional negligence cases across the country.
Won walkaway dismissal for a physician in an $85 million birth injury case.
Won dismissal on summary judgment—including an award of attorneys' fees—in a case involving medical malpractice and breach of contract claims.
Won favorable settlement for a New Mexico hospital in a multimillion dollar case involving medical malpractice and unfair trade practices claims.
Won favorable settlement for a healthcare client in a $64 million birth injury case in Maryland.
Won dismissal of all claims of vicarious liability and apparent agency for a hospital in multimillion dollar case in New Mexico.
Obtained voluntary dismissal for a defendant physician in a multimillion dollar medical malpractice action.
Obtained early voluntary dismissal of hospital in a $25 million medical malpractice action.
Obtained dismissal of claims against a private hospital, establishing an exception to the traditional rule of vicarious liability in New York State.
Won a motion to dismiss for a hospital client in New York in a matter of first impression involving Emergency Medical Treatment and Labor Act (EMTALA) claims in the Second Circuit. The Court affirmatively ruled that the hospital's obligations under EMTALA ceased upon admitting the plaintiff.
Commercial Litigation
Successfully defended a property management corporation and related entities in a high-exposure carbon monoxide case.
Successfully defended a corporate client facing a multitude of claims including breach of contract, unjust enrichment, civil theft, piercing the corporate veil, and the claims under the Colorado Consumer Protection Act. We utilized early motion practice to eliminate all but one of the plaintiff's claims, which the plaintiff then dismissed for nuisance value.
Following a successful trial, achieved favorable resolution for a client in a capacity to contract case.
Successfully represented a party in a $2 billion dispute surrounding the future ownership of the Broncos NFL franchise and family trust.
Successfully represented a corporate client in a multimillion-dollar complex commercial dispute involving breach of contract, non-compete, and trade secret claims. Resolved all claims in the client's favor and obtained an additional monetary award.
Representing a corporate client in a case involving allegations of breach of contract, unfair trade practices, and general corporate malfeasance.

