Andrew M. Low

Andrew M. Low

Senior of Counsel

P: 303.892.7327

F: 303.893.1379

Assistant

Judy Terranova

P: 303.892.7563

Admitted In

  • Colorado

For more than 25 years, Andy Low has been one of the leading appellate lawyers in Colorado, throughout the Rocky Mountain region, and in the U.S. Court of Appeals for the Tenth Circuit. He was the leader of the firm’s Appellate Group through 2013. He has handled a broad range of appeals, including cases involving employment relations, insurance, securities, real estate, legal and medical malpractice, products liability, income taxation, and pension plans, to name just a few. Mr. Low has achieved a remarkable record of success, and upon request can supply a list of his cases with the outcome of each one. Mr. Low also has extensive experience in litigating commercial cases at the trial level including numerous administrative agency trials and appeals. For 22 years, Mr. Low wrote a quarterly column on appellate practice for The Colorado Lawyer. He also edited the first and second editions of the Colorado Appellate Handbook, a loose-leaf text covering all aspects of appeals in the Colorado state appellate courts. 

Mr. Low was selected by the American Bar Association as one of 13 appellate lawyers nationwide to review the written work product of Sonia Sotomayor and Elena Kagan and to recommend whether they should be rated as qualified to be justices of the U.S. Supreme Court. Mr. Low is a member of the Colorado Supreme Court Joint Committee on Appellate Rules and is a past president of the Appellate Practice Subcommittee of the Colorado Bar Association Litigation Council. Mr. Low is also a member of the Colorado Civil Jury Instructions Committee. Mr. Low received his legal education at Cornell University, where he graduated magna cum laude in 1976. At Cornell, he was a member of the Cornell Law Review and the Order of the Coif. Mr. Low was awarded prizes for scholastic achievement in real estate and insurance, and he received the Herbert Reif award for best law review note. He is named in The Best Lawyers in America® (Appellate Law, Commercial Litigation, and First Amendment Law) and was chosen by Best Lawyers® as the Denver Appellate Lawyer of the Year for 2012. He has also been selected for inclusion in Colorado Super Lawyers (Appellate Law), has been named in Who’s Who in American Law, and has been named a litigation star in Benchmark Appellate. Mr. Low also has been recognized as a leading appellate lawyer by Chambers USA.

Mr. Low is admitted to practice in Colorado and before the U.S. District Court for the District of Colorado, U.S. Court of Appeals for the Sixth, Eighth, Ninth, Tenth, and Federal Circuits, and U.S. Supreme Court. Mr. Low is a member of the American, Colorado, and Denver Bar Associations (Litigation Section).

Education

Cornell University, J.D., magna cum laude, 1976
Swarthmore College, B.A., with High Honors, 1973 

May 2014

Chambers USA Ranks DGS at the Top Corporate/M&A and Natural Resources & Environment Practices

Davis Graham & Stubbs LLP

The 2014 edition of the Chambers USA ranked Davis Graham & Stubbs LLP first in Colorado in the areas of Corporate/M&A and Natural Resources & Environment. Chambers USA also recognized DGS for its strong Labor & Employment and Commercial Litigation practices.

July 2013

Black Letter Law

The Colorado Lawyer

Tim Flegleman and Amy Krasner were married in an outdoor ceremony at a property in the foothills of Denver. The venue, owned by one of Flegleman's clients, had a main house, a guest house, and a party hall. There was a lawn just the right size for all the guests split by a paved path that served perfect as an aisle. The property afforded sweeping views of Denver and its suburbs, eliciting oohs and ahs from the guests as they arrived for the midday Saturday event.

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Tips From the Judges

The Colorado Lawyer

Tim Flegleman's wedding to employment litigator Amy Krasner was only three months away. Susan and Rod Victor were to be maid of honor and best man and, to our surprise and delight, my wife and I also had been asked to be in the wedding party. It was going to be a big event, with a long guest list that included family members, lawyers, judges, and law professors.

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December 2012

Lean and Forceful Writing

The Colorado Lawyer

Tim Flegleman and his law partner, Jane Bond, were holding their annual holiday party. F&B always attracted a big crowd for its annual event because the firm offered an impressive spread of food and drink. The parties at the rambling Victorian house that Flegleman had converted into the firm's office were loud and happy, and the guests stayed late.

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August 2012

45 DGS Attorneys Named Best Lawyers®

Forty-five DGS attorneys were named Best Lawyers® by publisher Woodward/White, Inc. in its annual guide recognizing legal excellence.

May 2012

Smart Sentences

The Colorado Lawyer

It was a sunny, breezy Monday afternoon in early April.  May wife and I were in the upper deck at Coors Field for the Rockies home opener against the Giants.  Tim Flegleman and his fiancée, Amy Krasner, had four tickets and had invited us to join them. 

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November 2011

Intemperate Language

The Colorado Lawyer

Susan Victor and I had a lunch date with Tim Flegleman and his fiancee, Amy Krasner. Victor and I and our spouses had recently returned from an inn-to-inn hiking trip in the Alps. Although Flegleman had never been much of a hiker, he recently had lost fifty pounds and was looking for ways to keep the weight off.

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October 2011

Three DGS Partners Named Lawyers of the Year

Davis Graham & Stubbs LLP Partners Gregory R. Danielson, Andrew M. Low and Lester R. Woodward were named Denver “Lawyers of the Year” by the publisher of Best Lawyers®.  Mr. Danielson was recognized in the field of oil and gas law, Mr. Low in appellate practice, and Mr. Woodward in mutual funds law.

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September 2011

Twenty DGS Lawyers Designated Super Lawyers in New Business Edition

Davis Graham & Stubbs LLP announces that 20 lawyers have been designated "Super Lawyers" in the new Super Lawyers Business Edition published by Thomson Reuters.  The publication will be sent in September to more than 40,000 in-house counsel, presidents, and CEOs of Fortune 1000 companies. 

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August 2011

Davis Graham & Stubbs Attorneys Named Best Lawyers®

Thirty-eight DGS attorneys, including nearly half of the firm’s partners, were named Best Lawyers® by publisher Woodward/White, Inc. in its annual guide to legal excellence.  The 2012 edition of The Best Lawyers in America is based on a peer-review survey in which more than 39,000 leading attorneys comment on the legal abilities of other lawyers in their practice areas.  Corporate Counsel magazine has called Best Lawyers® “the most respected referral list of attorneys in practice.”

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July 2011

James River Insurance Co. v. Rapid Funding, L.L.C.

United States Court of Appeals Tenth Circuit

The DGS appellate group, led by Andrew M. Low, has won an appeal of a $5.8 million judgment against its client James River Insurance Company.  The U.S. Court of Appeals for the Tenth Circuit ruled in a published opinion that the jury was allowed to hear inadmissible evidence and that the judgment must be reversed and sent back to the trial court for a new trial.

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Discretionary Interlocutory Appeals

The Colorado Lawyer

Somehow, Susan Victor had done it again. Last year, she had talked me into doing the Courage Classic, the three-day cycling fundraiser in the mountains for Children's Hospital. Yes, it was beautiful, and yes, it was for a good cause, and in retrospect, I even had to admit is was fun. But Victor's drill-sergeant training rides in the weeks preceding the event had been almost more than I could handle.

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August 2010

Davis Graham & Stubbs Attorneys Top “Best Lawyers” List in Colorado

The newly announced, 2011 edition of the Best Lawyers in America ranks Davis Graham & Stubbs LLP first in Colorado-based law practices for corporate governance and compliance law, environmental law, mergers and acquisitions law, natural resources law, oil and gas law and securities law. This year Best Lawyers recognizes 36 DGS attorneys, including 13 who have been named to the list for at least 10 years. Nearly half (46 percent) of DGS partners are recognized in the definitive guide to legal excellence, in addition to several attorneys of counsel to the firm. Best Lawyers is a peer-review survey of more than 39,000 in-house counsels and private practice attorneys.

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April 2010

Preservation for Appeal

The Colorado Lawyer

My wife and I had arranged to meet Susan and Rod Victor for dinner at our favorite neighborhood restaurant. For more than twenty years, it had served stylish Italian food in a comfortable space that rambled through several rooms. The waiters were relaxed and competent, and every month or two the chef changed the special feature on the menu.

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February 2010

Victory in Insurance Coverage Appeal for AIMCO, Low

The Tenth Circuit Court of Appeals ruled, on Feb. 2, 2010, that a liability insurance company must cover the cost of defending a series of lawsuits against DGS client Apartment Investment and Management Co., known as AIMCO. The lawsuits arose from a fraudulent scheme run by an insurance broker who had helped set up AIMCO’s property insurance program. Nutmeg Insurance Company refused to defend the lawsuits.

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January 2010

Age Discrimination Case – DGS Wins Precedent-Setting Appeal

DGS has won a precedent-setting appeal in an age discrimination case. In a published opinion issued on January 6, the Tenth Circuit U.S. Court of Appeals adopted the arguments of the DGS appellate group that an Oklahoma statute setting a maximum age limit for new police officers does not violate the federal Age Discrimination in Employment Act.

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August 2009

Davis Graham & Stubbs Attorneys Top “Best Lawyers” List in Colorado

The 2010 edition of the Best Lawyers in America ranks Davis Graham & Stubbs LLP first in Colorado-based attorneys practicing in the areas of commercial litigation, corporate governance and compliance law, environmental law, natural resources law, oil & gas law and securities law. 

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Successful Appeal in Trade Secret Case

The DGS appellate team scored another win in a published opinion released by the Tenth Circuit on August 11.  In Hertz v. Luzenac America, the Court of Appeals reinstated claims by DGS client Luzenac America, Inc. arising from misappropriation of certain of its trade secrets. 

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June 2009

Original Proceedings

The Colorado Lawyer

It was a beautiful Saturday evening in early June, and my wife and I were waiting outside the entrance to the Helen Bonfils Theater complex in downtown Denver. We were scheduled to meet Susan Victor and her husband, Rod, who were our fellow season ticket holders for the annual productions of the Denver Center Theater Company.

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March 2009

Interlocutory Appeal Under 28 U.S.C. § 1292(b)

The Colorado Lawyer

I had spent the morning in federal court arguing a series of motions in an employment class action. It was a big case, and it was going to go up on appeal no matter who won.

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December 2008

Oversized Brief

The Colorado Lawyer

I was working on an appellate brief that just wouldn't write. I had made it through the statement of fact, and had done the research for the first point of the argument, but the words and sentences I needed stubbornly refused to appear on my computer screen. I decided I needed a break to clear my head.

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October 2008

Davis Graham & Stubbs tops "Best Lawyer" list in Colorado

Davis Graham & Stubbs LLP, with 31 attorneys practicing in 30 fields, ranks first in Colorado in the 2009 edition of Best Lawyers in America for the practice areas of corporate and securities law and commercial litigation as well as energy, environmental, natural resources and oil and gas law. The number of DGS lawyers recognized in the definitive guide to legal excellence increased by two, and includes nearly half of the firm’s partners. 

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September 2008

Certiorari

The Colorado Lawyer

My sister from Cleveland and her two young sons were visiting me in Denver over Labor Day weekend, and it was my job to entertain them. Both boys were wild about baseball, so we had tickets for the Rockies game against San Francisco on Monday afternoon - but that was two days away.

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September 2007

Davis Graham & Stubbs Tops "Best Lawyers" List in Colorado

Davis Graham & Stubbs – with 29 attorneys practicing in 30 fields – ranks first in Colorado-based attorneys listed in the 2008 edition of Best Lawyers in America for the practice areas of commercial litigation, natural resources, environmental law and corporate governance and compliance law. The number of DGS lawyers recognized in the definitive guide to legal excellence increased by three, and includes half of the firm’s partners. The book, targeted for in-house counsel, is to be published in December 2007.

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March 2007

Convincing Detail

The Colorado Lawyer

My firm was insisting that all of its trial lawyers attend a CLE conference about the new federal rules concerning discovery of electronically stored information.  I was due for some vacation, so my wife and I decided to attend a national conference being held at the Grand Wailea Resort on Maui and then stay for three days after the conference ended.  Susan Victor and her husband decided to join us.

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November 2006

Davis Graham & Stubbs Attorney Andrew Low Offers Expertise on Appellate Law in Bar Association's New Book and CLE Program

A new book published by the educational arm of the Colorado Bar Association features a collection of columns by Andrew Low, a litigation partner at Davis Graham & Stubbs. The release of Low on Appellate Practice: Collected Columns, by CLE in Colorado, Inc., coincides with a CBA Continuing Legal Education program on November 9, “2006 Appellate Practice in Federal and State Court,” chaired and moderated by Low.

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September 2006

Best Lawyers in America Recognizes 26 Davis Graham & Stubbs Attorneys

Twenty-six Davis Graham & Stubbs attorneys practicing in 28 fields will be recognized in the 2007 edition of The Best Lawyers in America. The number of DGS lawyers recognized in the definitive guide to legal excellence increased by five this year, and represents more than 40% of DGS partners overall. DGS ranks first in the number of Colorado-based attorneys listed by the 2007 edition of Best Lawyers in the Commercial Litigation, Natural Resources, Environmental Law, Securities Law and Corporate Governance and Compliance Law practice areas.

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Adverse Authority

The Colorado Lawyer

Every summer, I take a four-day fishing trip with Thurgood Stevens. It is the highlight of my
summer, and it is circled in red on my calendar months ahead of time. With instruction and practice, almost anyone can learn the basics of casting a fly rod. Some go on to become experts. Only a handful ever reach the ultimate level of skill and become artists with a fly rod. Stevens is an artist.

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June 2006

Class Action Appeals

The Colorado Lawyer

I had always enjoyed softball games on warm summer evenings, but it had been decades since the last time I played. When an e-mail announced that our firm was going to field a co-ed team in the law firm league, I decided to give it a try.

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April 2006

Tests: Irritant Given to Lambs/Substance Made Muscles Stand Out

The Denver Post

Suspicious lesions and syringe marks alone were enough to disqualify 18 lambs at January's National Western Stock Show, officials said Friday. Subsequent tests showed the lambs were injected with a form of irritant that caused the muscles in the back and the hind legs to bulk up. "Those marks alone were enough for disqualification," said Andrew Low, the stock show's attorney. "There was an irritating substance injected, and (it) caused the tissues to swell due to inflammation."

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March 2006

New Rules

The Colorado Lawyer

Susan Victor had invited me to do “Ride the Rockies” with her last summer, but the weeklong bicycle tour of the Colorado mountains had conflicted with a trial setting. I’ve done a little cycling, but I never had pedaled over the Continental Divide and I was secretly relieved to have a legitimate excuse not to sign up. Ride the Rockies is limited to 2,000 participants, selected by lottery from the more than 6,000 entries. As it turned out, Susan’s name wasn’t chosen, so she didn’t do the 2005 ride, either.

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September 2005

Stay Pending Appeal

The Colorado Lawyer

I had been busy at the office all spring and well into the summer, and had yet to make a single trip to the mountains. When I got an e-mail from the bar association inviting all civil litigators on a Saturday whitewater rafting trip, I decided that was just what I needed.

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June 2005

Amendments to Appellate Rules Concerning Type Size and Word Count

The Colorado Lawyer

If you need contacts or glasses to read, the Colorado Supreme Court feels your pain. The Court has adopted changes to five appellate rules, effective July 1, 2005, increasing the required type size in all briefs and appellate papers from 12-point to 14-point (or larger). The only exception is for the few appellate papers prepared on a typewriter; those can still be submitted in 12-point.

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The Professor's Rant

The Colorado Lawyer

One of the students in Professor Stevens’s class on appellate advocacy had tipped me off that Thursday was going to be the Professor’s annual rant, and I never missed a rant if I could help it. It wasn’t a rant about just anything. Once a year, Professor Stevens devoted an entire lecture to grammar. Or punctuation. Or whatever examples of mangled English that Stevens had found in appellate briefs in the past year. The rant was always educational, and it was frequently entertaining.

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March 2005

Choosing the Issues on Appeal

The Colorado Lawyer

Susan Victor and I have one thing in common: eleven-year-old sons who are crazy about cars. They use the money they earn from chores to buy Car and Driver and Motor Trend, which they read cover to cover. They memorize statistics about hot sports cars and debate which SUV is best for real off-road travel. Their rooms are plastered with posters of race cars and exotic new concept vehicles. And, one date every year is circled on their calendars months in advance: the Denver Auto Show. This year’s show began in late March and ran for five days. Susan and I had promised to take the boys on Saturday.

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December 2004

Interlocutory Appeal

The Colorado Lawyer

It was a gray day in early December.  Fitful bursts of wet snow swirled between the buildings of downtown Denver as I hurried down Seventeenth Street.  I turned up the lapels of my sport coat and held them against my neck, wishing I had worn an overcoat.

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November 2004

Spring was a season of victories for the DGS Labor & Employment group

On April 5th, Janet Savage, Andy Low and Dale Harris won a major victory in the Tenth Circuit Court of Appeals. In Heno v. Sprint/United Management Co., the Tenth Circuit reversed a jury verdict for the plaintiff in a race discrimination case.

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U.S. Supreme Court: If You Lie, You Lose

It has always been difficult for employers to get discrimination cases dismissed before trial. The United States Supreme Court now has made it more difficult. In a June 2000 decision, the high court ruled that an employee protected by one of the federal anti-discrimination statutes can win a discrimination case merely by persuading the jury that the reason given by an employer for its action was not the true reason.

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September 2004

Final Judgment

The Colorado Lawyer

One of Susan Victor’s clients had given her two prime tickets for a September Broncos game, but at the last moment her husband couldn’t go. Would I like to  go, she inquired on Friday afternoon?  Does the U.S. Supreme Court have nine justices?  Does a complaint have numbered paragraphs?  Of course I would like to go.

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June 2004

Preparing for Two Oral Arguments

The Colorado Lawyer

My case was fourth on the docket for oral argument in the Tenth Circuit.  I had to check in with the clerk before the first case, though, so I had three arguments to watch before mine.  The first argument was a real dazzler.  The attorneys on both sides were fine speakers and well prepared, and it was apparent that the judges were enjoying themselves.

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March 2004

A Technicality

The Colorado Lawyer

I had been too wrapped up in motions, discovery, briefs, and hearings.  The winter was almost gone, and I hadn’t spent a minute in the mountains.  I decided I would drive up that very weekend and do some Nordic skiing, no matter how many unfinished matters crouched on my desk, growling for attention.  Susan Victor and her husband had been urging my wife and me to spend some time with them at their cabin near Fraser.

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September 2003

Exploded Text

The Colorado Lawyer

It was Labor Day weekend, and the howl of racecar engines had taken over one end of downtown Denver, while the Taste of Colorado had taken over the other. I knew it would be useless trying to get to my downtown office to finish getting ready to take a deposition on Tuesday. I decided that the library at the law school might offer a quiet refuge for a few hours.

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March 2003

Unpublished Opinions

The Colorado Lawyer

It was Saturday night, and my wife and I had gone out to the movies with Susan Victor and her husband. Victor was a partner in a boutique appellate firm in downtown Denver. Her practice was growing exponentially, and she was having trouble saying “no” to new business. She had spent all day Saturday in the office and was in the mood for something that would take her mind off her work. We chose “Adaptation,” a quirky film in which the screenwriter writes himself into a plot about the process of screenwriting.

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December 2002

Petition for Rehearing

The Colorado Lawyer

It was the season for lawyers’ holiday parties. I had stopped in at two already, and the mail brought more invitations daily. I was about to throw away the handwritten envelope from Tim Flegleman’s small firm, unopened, when I remembered that Flegleman loved good food and drink. “Come join us for holiday goodies,” the invitation said, and I decided an extra dessert or two wouldn’t hurt.

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September 2002

Brevity

The Colorado Lawyer

Late September is my favorite time in the mountains. The hillsides are embroidered with a patchwork of bright yellow aspen groves, the days are warm, and the nights are crisp. When I received the brochure advertising a litigation seminar to be held at a mountain resort the third week in September, I knew it was time to catch up on my CLE credits.

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June 2002

A Memorable Brief

The Colorado Lawyer

In the silent auction at the Barristers Benefit Ball, Tim Flegleman had acquired some first-row tickets for the Rockies. The game was a Friday night in June, against the Giants. Flegleman had invited Professor Thurgood Stevens and me to join him. Although I suspected Flegleman might have an ulterior motive – like a need for advice on one of his appeals – I enjoy the nation’s pastime and was looking forward to the game.

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March 2002

Chronology

The Colorado Lawyer

I had just finished a long trial in federal court, and the other side had won. My client wanted to appeal, so I knew there would be no respite from this dog of a case with its seemingly endless litany of bad facts. I was tired and gloomy and needed something to lift my spirits. Back at the office, I was scanning and discarding the junk mail, when one of the brochures caught my eye. It advertised a four-day CLE conference on federal appeals. It was being held at a new resort on the beach in south Flolida. Golf courses, pools, and palm trees. Classes in the momings only. And it started in less than a week. It sounded perfect.

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December 2001

Candid Comments

The Colorado Lawyer

I was behind on my shopping, and by the look of the mall, a lot of other folks were, too. Holiday music from the overhead speakers followed me from store to store as I dodged a horde of shoppers intent on finishing their lists. At the bookstore, I found a bestseller for my cousin in Minneapolis. I joined a long line to pay for my purchase, right behind a bulky man in an overcoat.

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September 2001

Visual Aids

The Colorado Lawyer

I was standing in the second floor hallway of the Tenth Circuit Courthouse, going over a few last points with Susan Victor. I had won a defense verdict in an age discrimination case, but the plaintiff had appealed. Based on my recommendation, the client had hired Susan to handle the appeal, and she had done a great job on the briefs.

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June 2001

The Details

The Colorado Lawyer

I still needed CLE hours by the end of the year, so I was one of the first to sign up when the Appellate Practice Committee of the American Bar Association announced it was going to hold a national conference at a resort up in the mountains. Most of the speakers were from out of state, but Susan Victor and Thurgood Stevens were scheduled to lecture on Saturday morning. 

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March 2001

The Case Note Syndrome

The Colorado Lawyer

I had been working for more than an hour in the law school's library when I first became aware of Tim Flegleman typing on a laptop computer at the next table. I had been struggling with the intricacies of trademark law for an upcoming motion, and it was only the unusual pattern of Flegleman's work that finally penetrated my concentration.

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December 2000

Opening Brief

The Colorado Lawyer

I had been taking depositions all week, and by Friday afternoon I was bone-tired. At the mid-afternoon break, my court reporter, Sally Mitchell, said: "You know we have to end at 4:00, don't you?"

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October 2000

New Issue on Appeal

The Colorado Lawyer

My flight to Chicago was late. Very late. Professor Thurgood Stevens and I were supposed to have been airborne long ago. The airline eventually admitted that the flight crew had not shown up, and it would be another hour before a new crew would arrive. It looked like we would not arrive at our hotel until long after midnight.

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E-Mail, Voicemail, and Employees' Right to Privacy: Monitoring Employees' Electronic Communications

The Colorado Lawyer

Employers have plenty of legitimate reasons for wanting to monitor employees’ emails and voicemails. Those reasons include preventing employees from wasting time while on the job, protecting trade secrets, and avoiding liability for sexual harassment. But, is it legal for an employer to review surreptitiously employee’s electronic communications? Would such a review of e-mails and voicemails violate employees’ statutory rights or common-law right to privacy?

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June 2000

Narrowing the Issues

The Colorado Lawyer

My daughter had been waiting for years to be tall enough to ride the roller coasters at Elitch Gardens. Long ago, I had promised to take her when she was old enough, and this was the summer I was going to have to keep my promise. Fortunately, Susan Victor’s daughter was her best friend, and Susan had promised to bring her daughter to make it a foursome.

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March 2000

Post-Trial Motions

The Colorado Lawyer

I was partway through a difficult trade secrets trial in federal court when I realized that things weren't going well. I decided I should accept the inevitable and prepare for an appeal. That evening, with my client's permission, I called Susan Victor and asked if she would handle the appeal. She agreed at once and offered to attend the last two days of the trial to help me preserve the record and to help her learn the case.

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January 2000

Hooters Liable Under the Violence Against Women Act

A federal judge has entered judgment for more than $500,000 under the Violence Against Women Act against a corporation that operates a Hooters restaurant in Colorado. Three former Hooters waitresses and bartenders, who the judge found were hired because of their sex and appearance, sued their employer for sexual harassment under Title VII and outrageous conduct. Nothing new there. But the plaintiffs added a twist: a claim under 42 U.S.C. '13981(c), a section of the Violence Against Women Act (the AVAWA), which allows the imposition of unlimited compensatory damages, punitive damages, and injunctive relief when the plaintiff proves a crime of violence motivated by gender.

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December 1999

Questions from the Bench

The Colorado Lawyer, Vol. 27, No. 12, December 1999.

It was a sunny December day as I walked south on Broadway toward the Colorado appellate court building. The case I was to argue was third on the afternoon docket, but I arrived early to watch the judges and get a sense of their questioning patterns before it was my turn to argue. I walked into the courtroom a few minutes before 1:30 p.m. to scan the clerk's docket sheet. 

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Drafting the Issues

The Colorado Lawyer

It was mid-December, and I was caught up in the annual crush to get everything done by year end. I was barely aware that the mountains had gotten a big dump of fresh powder, much less thought about actually going skiing. When Susan Victor called to suggest that our two families spend the weekend at her condominium in the mountains, my first reaction was that I didn't have time. 

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September 1999

Appellate Theme

The Colorado Lawyer

After a full day of serious programs at the state bar convention in Vail, I decided that I was entitled to something more relaxing. A quick scan of the program produced just what I needed: a half-day hike to an alpine lake. Four miles each way with an altitude gain of only 1,100 feet. Sounded perfect.

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June 1999

The Facts, the Record, and Persuasion on Appeal

The Colorado Lawyer, Vol. 28, No. 6, June 1999.

My argument before the Tenth Circuit Court of Appeals would not begin for several hours, but the clerk had warned all counsel to check in at 8:30 A.M. As a result, I found myself with time to kill, pacing the marble halls and mumbling the perfect phrases that I planned to deliver but would probably forget at the crucial moment. I was so wrapped up in my internal oratory that I nearly collided with Tim Flegleman, who seemed to be doing the same thing.

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March 1999

Equities on Appeal

The Colorado Lawyer, Vol. 28, No. 3, March 1999.

Allowing too much time for traffic, I had arrived at Denver District Court a half hour early for my discovery motion. I made my way quietly to the rear of the courtroom. Judge Fernbelt was listening to a lawyer I didn't know, occasionally making a note on a legal pad. As I searched for a comfortable position on the hard wooden bench, I noticed that Tim Flegleman was sitting at plaintiff's counsel table. An older, white-haired man was seated next to Flegleman. 

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September 1998

Avoiding Distractions - Part Two

The Colorado Lawyer, Vol. 27, No. 9, September 1998.

As the underground train at Denver International Airport rumbled toward Concourse B, thousands of little propellers on the wall spun in its wake. I looked over at Thurgood Stevens, who was absentmindedly watching the subterranean abstract art. The train eased to a stop, and we funneled out the door along with most of the other passengers. 

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June 1998

Avoiding Distractions

The Colorado Lawyer, Vol. 27, No. 9, June 1998.

It was a beautiful June day, and the last place I  wanted to be was the library at the law school. Unfortunately, I had to stay until I finished a motion for summary judgment that was due the next day. With a wistful glance out the window at the intensely blue Colorado sky, I turned and carried another stack of reporters to my table. 

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February 1998

Amicus Curiae

The Colorado Lawyer, Vol. 27, No. 2, February 1998.

I had expected to take the whole afternoon deposing Fred Rodriguez, a witness to a truck unloading accident, but he answered my questions clearly and precisely and was finished at 3 p.m.  I returned to my office, debating which case to work on, when the phone rang.  It was Tim Flegleman, and for once he didn't want advice.  He had two extra tickets to the Avalanche game against the St. Louis Blues.  Susan Victor was taking one ticket; did I want the other?  I briefly eyed the piles of papers on my desk and considered putting work before pleasure, but Flegleman mentioned that the seats were only three rows behind the Avalanche bench.

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November 1997

Appellate Maxims

The Colorado Lawyer

I had been slugging it out with a team of lawyers from Tolliver & Rice for more than six months now. Tolliver & Rice was a small, aggressive litigation firm with an amazing list of Fortune 500 clients. I represented Great Divide, Inc., a small software firm in Boulder that had developed an application that allowed users to navigate easier and quicker around that cumbersome operating system that everyone used and nobody liked.

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August 1997

Harmless Error

The Colorado Lawyer

Denver is hot in August, and my family and I usually get away for a week in the mountains.  But this year, the Colorado Bar Association was holding its annual convention right in town.  Several of the sessions looked important to my practice, so I decided to attend. 

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May 1997

Truth in Advertising

The Colorado Lawyer, Vol. 26, No. 5, May 1997

It was a beautiful Tuesday afternoon in May.  There was plenty of work on my desk, but when Thurgood Stevens called and asked if I wanted to join him for a round of golf, I just couldn't say no.  I asked my secretary to tell callers I was out inspecting real estate and headed off to the course.  Susan Victor and Tim Flegleman were already at the first tee, loosening their normally deskbound muscles with lazy, swishing practice swings. 

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February 1997

Appealing from Denial of Summary Judgement-Not!

The Colorado Lawyer, Vol. 26, No. 2, February 1997.

My morning hearing had ended early, and I had a  half hour to kill before a case management conference. Tim Flegleman had mentioned he was trying a wrongful discharge case in Judge Caramone's courtroom, so I decided to stop in and see how he was doing. 

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November 1996

Telling the Right Story

The Colorado Lawyer, Vol. 25, No. 11

Maxwell Mortise was sitting by himself in the little restaurant around the corner from the courthouse. While munching noisily on a sandwich, he was scribbling revisions on a typewritten draft spread out on the table. 

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February 1996

Surprise

The Colorado Lawyer

An overnight storm had left two inches of new snow, but the clouds had passed and the February morning was bright and clear.  I was hard at work in the law school's library, pleased to have found a few cases to support a motion for summary judgment.  Tim Flegleman sat at the far end of my table, his head framed by two great piles of casebooks.  He was typing furiously on a laptop computer, while his lips methodically formed the words. 

Appellate Practice: Surprise

May 1991

New Shield Law Prohibits Most Subpoenas to Reporters

The Colorado Lawyer, Vol. 20, No. 5

Co-authors: Daniel E.D. Friesen and Andrew M. Low

A new Colorado law prohibits litigants from subpoenaing news reporters except under limited circumstances. The reporters shield law codifies a privilege that already existed under the case law outside Colorado, which interpreted the First Amendment of the U.S. Constitution.

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