Jon Rauchway is a partner in the Trial Department who assists clients with business disputes. His approach to solving litigation problems is summarized as follows:
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 given 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 and preparing cases for trial. Accordingly, I give equal attention to positioning cases for settlement, and on helping our clients to make the best business decision by weighing all the relevant considerations.
Recent representations include:
- 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.
- Lead or co-lead counsel for an oil company in several toxic tort and property damage cases around the country.
- Lead or co-lead counsel for one of the largest banks in the U.S. in various disputes concerning securities, fiduciary, and banking services.
In addition to his work in the trial courts, Mr. Rauchway is an experienced appellate advocate. He has argued – and won – appeals before the U.S. Courts of Appeals for the Second, Ninth, and Tenth Circuits, as well as state appellate courts in Colorado and New York. He is a member of the Criminal Justice Act Panel for the U.S. Court of Appeals for the Tenth Circuit, and regularly appears before the Court in that capacity.
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 has taught at the National Institute for Trial Advocacy (NITA). Mr. Rauchway has been selected for inclusion in The Best Lawyers in America© in 2016.
Fordham University, J.D., 1997
Cornell University, B.A., 1994
Selected Published Decisions
- Nu-West Mining, Inc. v. United States, 768 F. Supp. 2d 1082 (D. Idaho 2011)
- Basic Management Inc. v. United States, 569 F. Supp. 2d 1106 (D. Nev. 2008)
- Micale v. Bank One N.A. (Chicago), 382 F. Supp. 2d 1207 (D. Colo. 2005)
- Sandoval v. City of Boulder, 388 F.3d 1312 (10th Cir. 2004)
- Muntaqim v. Coombe, 366 F.3d 102 (2d Cir. 2004), rehearing en banc denied sua sponte, 385 F.3d 793, and cert. denied, 543 U.S. 978 (2004), and rehearing en banc granted, 396 F.3d 95 (2d Cir. 2004), and opinion vacated on rehearing en banc, 449 F.3d 371 (2d Cir. 2006), and issue decided on the merits in companion case, Hayden v. Pataki, 449 F.3d 305 (2d Cir. 2006) (en banc).
- Abankwah v. I.N.S., 185 F.3d 18 (2d Cir. 1999)