Jonathan W. Rauchway

Partner

Phone 303.892.7216

Jon Rauchway is a partner in the Trial Department. He takes the following approach to assisting clients with business disputes:

I bring a pragmatic and unpretentious focus to litigation. I have served as lead counsel in cases where hundreds of millions of dollars are in dispute, but I recognize that the amount of money at stake does not necessarily correlate to the importance of a case to a particular client, and I give every case and every client the attention they deserve in an efficient and cost-effective manner. As a trial lawyer, my primary job is to win, plain and simple—and our track record of litigation success at DGS compares favorably with anyone in the business. However, in keeping with a national civil trial rate consistently below 3 percent, I also understand that our job extends beyond trying cases. Accordingly, I give equal attention to positioning cases for settlement, and to helping our clients make the best business decision.

Mr. Rauchway specializes in environmental and natural resources litigation. Examples include defending class-action and mass-joinder lawsuits alleging environmental contamination based on common-law theories, and  representing plaintiffs and defendants in litigation involving CERCLA, RCRA, Clean Air Act, Clean Water Act, and related state statutes. He also handles litigation involving nearly all aspects of the energy industry, including disputes over royalty payments, operating agreements, ownership interests, and property transactions.

In addition to his work in the trial courts, Mr. Rauchway is an experienced appellate advocate, having argued appeals before the U.S. Courts of Appeals for the Second, Ninth, and Tenth Circuits, as well as state appellate courts in Colorado and elsewhere. For over a decade, he was a member of the Criminal Justice Act Panel for the U.S. Court of Appeals for the Tenth Circuit, appearing regularly before the Court during that period.

Prior to joining DGS, Mr. Rauchway practiced at an international law firm in New York City and spent one year clerking for a U.S. District Judge in Dallas, Texas.

Mr. Rauchway is a member of the board of trustees for the Legal Aid Foundation of Colorado and the board of directors for The Urban Farm. He was selected for inclusion in The Best Lawyers in America©.

Recent Representations

  • Lead counsel for two subsidiaries of a multinational agricultural products company in a lawsuit against the U.S. concerning the past and future costs of environmental cleanup at four phosphate mines. Cleanup costs were estimated to be well into the hundreds of millions of dollars. Successfully obtained summary judgment on the liability of the U.S. on all asserted grounds – CERCLA owner, operator, and arranger – at all four sites. The case settled on favorable terms on the eve of trial.
  • Lead counsel for a subsidiary of a supermajor oil company in a dispute with the State of California concerning a settlement agreement for the costs of cleaning up a sulfur mine, which will exceed $100 million. The case settled on favorable terms on the third day of a jury trial.
  • Lead counsel for a North American energy producer in a lawsuit alleging serious personal injuries from an accident on a drilling rig. The case was dismissed with prejudice, affirmed by the Colorado Court of Appeals, and certiorari was denied by the Colorado Supreme Court. Another lawsuit concerning the same accident – not defended by DGS – resulted in one of the largest verdicts of the year in Colorado.
  • Represents an oil company in several toxic tort and property damage cases around the country.
  • Represents oil and gas companies in royalty payment disputes in several western states.

Education

Fordham University, J.D., 1997

Cornell University, B.A., 1994

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