Nicholas M. DeWeese

Partner

Nick DeWeese is a trial attorney and litigator who handles a wide range of disputes. Nick takes a pragmatic approach to helping clients navigate and resolve complex litigation issues. He helps individuals and businesses of all sizes efficiently resolve pre-litigation disputes, traverse the ins and outs of litigation, and obtain positive outcomes at trial or in arbitration. Nick has a proven record of achieving results in complex commercial, corporate governance, and business tort disputes, and in intellectual property, trade secret, non-competition, fraud, and unfair competition matters, and real estate and property controversies.

Nick also works with clients in the energy and natural resources space. He has experience handling environmental disputes and advising on compliance with laws regulating the natural resources, energy, oil and gas, mining, and agribusiness industries. In addition, he has advised clients on regulations and compliance with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Clean Air Act (CAA), and other environmental laws, and supports clients on environmental due diligence in purchase and sales agreements and other corporate transactions.

Nick has also guided clients through corporate investigations and responding to government inquiries. He has represented companies in defending against federal investigations, providing legal and risk analyses, managing discovery, and producing documents in response to government subpoenas. Nick has also helped clients respond to civil investigative demands from government agencies, including Office of Inspector General, U.S. Department of Health and Human Services (OIG-HHS), U.S. Attorneys' offices, Colorado's Attorney General Office, and the Colorado Department of Public Health and Environment.

Experience

Representative Matters

Business, Trade-Secret, and Intellectual Property Litigation, and Investigations

  • Served as trial counsel in corporate governance arbitration for minority shareholders in an ethanol production company involving claims for breach of contract, tortious interference, civil theft, and breaches of fiduciary duties, resulting in a $12 million final arbitration award
  • Served as trial counsel for a medical device distributorship in a complex jury trial in Colorado state court against a billion-dollar medical device manufacturer, resulting in a $4 million full jury verdict on all claims, including claims for breach of contract, misappropriation of trade secrets, tortious interference with contract, and breach of fiduciary duties. Subsequently won a judgment recovering approximately 95% of clients' attorneys' fees and costs, amounting to a nearly $1 million additional recovery for clients
  • Obtained a complete defense judgment for one of the nation's largest hydraulic fracturing companies in a contract dispute regarding payment of a success fee
  • Successfully represented a national hydraulic fracturing company in a complex contract dispute with an international oil-and-gas operations company, resulting in a successful settlement in advance of trial
  • Obtained injunctive relief for a national medical device sales distributorship in a complex theft and poaching case involving corporate raiding, employee solicitation, and misappropriation of trade secrets
  • Successfully protected the brand and marks of a national restaurant franchisor in a complex commercial and trademark-infringement lawsuit, resulting in a favorable settlement
  • Represented one of Denver's oldest gas and electric buildings in contract, infringement, and trade secret theft litigation and at trial, resulting in a favorable settlement
  • Obtained a favorable pre-litigation settlement for the former CEO of a capital markets securities company against a former real estate investment firm
  • Represented the subsidiary of a billion-dollar healthcare and pharmaceutical benefit manager (PBM) in arbitration involving fraud claims and improper accounting and financial practices
  • Served as trial counsel in a multi-week trial in California state court involving $3 million tort and contract claims, resulting in a favorable jury verdict
  • Served as arbitration counsel representing multi-airline consortia in $10 million AAA arbitration over contractor performance and termination at a California airport, resulting in a successful settlement
  • Served as trial counsel in a California litigation involving a commercial trucking accident resulting in $2 million contract and tort claims asserted against the insurer
  • Served on a team representing a national medical device manufacturer in multiple million-dollar patent infringement actions in federal courts in California, Texas, and New York
  • Drove successful settlement of $3 million employment discrimination claims asserted against a Colorado financial and investment firm
  • Successfully dismissed a $3 million False Claims Act (FCA) qui tam action alleging accounting and financial improprieties
  • Represented a nationwide property investor in a lawsuit involving a property dispute in Colorado state court
  • Mediated successful resolution of franchise, royalty, and contract disputes for a Denver-based restaurant company related to its operations at Denver International Airport
  • Obtained a favorable settlement of $3 million in investigation and claims brought by the Colorado Attorney General's Office alleging consumer protection violations against a national for-profit university

Environmental and Natural Resources Disputes

  • Represented a national defense contractor in complex, multi-party CERCLA cost recovery matters, including defending against claims brought by the U.S. Department of Justice for releases of chlorinated solvents and metals
  • Advised an international mining company regarding defense against criminal indictments following chemical releases at mine sites, and regarding arbitration and expropriations risks related to proposed investments in South America
  • Represented a Colorado oil-and-gas exploration and extraction company in $3 million tort and contract actions, defeating putative class action and toxic tort claims
  • Advised an IT solutions corporation on environmental health and safety compliance issues
  • Defended a national wind energy company in federal court against indictment for violations of the Migratory Bird Treaty Act, obtaining settlement and minimal penalty
  • Represented a midstream petroleum company in a contract action involving a pipeline royalty conflict, resulting in successful settlement
  • Defended a mining company against citizen suits alleging violations of the Clean Water Act, Clean Air Act, and Resource Conservation and Recovery Act
  • Defended a corporation against Clean Water Act lawsuits
  • Defended various companies in compliance disputes with the Colorado Department of Public Health and Environment

Insights

Credentials
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Education

  • J.D. University of Denver Sturm College of Law 2011
    • Senior editor, Denver University Law Review
  • B.S. Political Science summa cum laude University of San Diego 2005
    • Phi Beta Kappa
  • Theology Studies Oxford University, St Benet's Hall 2004

Bar Admissions

  • Colorado

Court Admissions

  • U.S. District Court of Colorado
  • U.S. Court of Appeals for the Tenth Circuit

Professional Memberships and Activities

  • Board member, Colorado Judicial Institute
  • Member, Denver Bar Association
  • Member, Colorado Bar Association
  • Member, American Bar Association
  • Member, Colorado Environmental Management Society
  • Member, Foundation for Natural Resources and Energy Law
  • Member, Colorado Trial Lawyers' Association
  • Former member, Board of Directors, Rocky Mountain Children's Law Center

Community
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Volunteerism

  • Volunteer, Eagle Scout, Boy Scouts of America
  • Coach and youth leader, 4-H Colorado