Business & Corporate Litigation

Cost-effective representation by attorneys who know how to handle a case start to finish.  The result to you:  exceptional results for a fraction of the cost.  

Unlike many other business and corporate litigation firms, we actually go to trial.  We have a proven record in state and federal courts, as well as arbitration hearings nationwide.  We achieve great results without big firm rates.


    Representative Clients 

    CenturyLink   -   DexOne   -   ProBuild

    Tesla Motors   -   Simplex Grinnell

    VFD Marketing, Inc.   -   Prince Hotels

    MBB Staffing, LLC   -   Home Lumber Company

    ANHAM FZCO

     

    Driscoll Rose also serves as local counsel in business disputes brought by out-of-state lawyers in Colorado courts.  We can provide references, if needed, of out-of state attorneys at major firms who have used, and been very pleased with, our services in this regard.  Having also been in the role many times of engaging local counsel in other jurisdictions to assist us on business cases, we understand the need for local counsel to observe and respect the relationship that out-of-state counsel have with the business client, avoid duplication of effort with out-of state counsel, and give prompt, specific and accurate advice on steps that need to be taken to comply with local rules in Colorado and to move matters through our courts efficiently.  For more information, please see the Local Counsel drop-down, below. 

    RECENT CASES

    March 2017

    • Acting as a sole arbitrator for the American Arbitration Association, David Driscoll issues a Final Award in a breach of contract dispute brought in 2016 by a Denver-based operator of a broadcast satellite system against one of its former authorized retailers.  A series of interim orders and awards preceded the Final Award.

    February 2017

    • On behalf of a Florida-based marketing company, David Driscoll and Jeff Rose settle on highly favorable terms a vigorously defended breach of contract dispute against a Denver-based, publically traded sports supplement company.  The settlement came less than two weeks before the arbitration hearing on the merits and after more than seven months of depositions, motions and other proceedings before a Denver arbitrator from JAMS. The opposing party was represented by a team of attorneys from the Manhattan law firm of Kasowitz, Benson, Torres & Friedman LLP.
    • A settlement is reached after more than a year of arbitration proceedings in a complex dispute involving two Texas-based compounding pharmacies and a Rhode Island-based administrator of pharmacy and health benefit plans. David Driscoll was a member of the panel of three American Arbitration Association arbitrators that presided in the case. The case involved statutory claims under ERISA as well as breach of contract claims.
    • David Driscoll and Jeff Rose represent a member of Boulder, Colorado limited liability company at a Denver mediation to address claims by Driscoll Rose’s client of misappropriation of LLC monies by the LLC’s managing members.
    • David Driscoll and Jeff Rose, on behalf of CenturyTel Service Group, LLC, files in the Denver District Court an appeal of nearly $700,000 in sales and use taxes imposed on certain computer software and software-related technological projects, including computer hardware.

    July 2016

    • David Driscoll, on behalf of CenturyLink and its subsidiary Qwest Corporation, files in the Denver District Court an appeal of three final determinations by the Executive Director of the Colorado Department of Revenue relating to sales and use taxes imposed on certain computer software.

    January 2015

    • David Driscoll and a firm associate secure a favorable settlement on behalf of a national construction materials company in a multi-party construction defect lawsuit in Adams County, Colorado.

    November 2014

    • David Driscoll and a firm associate secure a favorable settlement on behalf of a national construction materials company in a multi-party construction defect arbitration proceeding in Denver, Colorado.
    • David Driscoll and a firm associate selected as local counsel by a national print and interactive media company in a nationwide class action lawsuit in federal court in Colorado.

    July 2014

    • David Driscoll and a firm associate file a breach of contract lawsuit in the Boulder County District Court on behalf of a Swiss corporation. David Driscoll and a firm associate serve as local counsel in the case with attorneys at Smith, Gambrell & Russell, LLP of Atlanta, Georgia.
    • The American Arbitration Association appoints David Driscoll to preside as the arbitrator in a case involving a Nebraska insurance carrier’s general denial of a claim for crop insurance benefits.
    • David Driscoll and a firm associate, on behalf of a third-party defendant door supplier, participate in depositions and a mediation in a complex, high dollar, construction defect case pending before an arbitrator at the Judicial Arbiter Group in Denver. A 30-day arbitration hearing is scheduled for later this year.

    June 2014

    • David Driscoll and Jeff Rose obtain the dismissal of a national construction materials company in a multi-party construction defect arbitration proceeding in Denver, Colorado.
    • David Driscoll and Jeff Rose petition the Colorado Supreme Court for a Writ of Certiorari on behalf of a Colorado telecommunications company in a complex tax dispute involving state law preemption.
    • David Driscoll and Jeff Rose secure a favorable settlement on behalf of a national advertising corporation in a case filed in the North Carolina Superior Court in Raleigh, North Carolina.

    May 2014

    • After more than a year of litigation in the El Paso County District Court, David Driscoll secures a settlement on behalf of a major, Colorado-based construction supplier in a complex construction defect case.

    August 2013

    • David Driscoll  files suit in Colorado federal court on behalf of their client, a leading international contracting firm, seeking more than $1.8 million in damages against another contractor on a U.S. Department of Defense infrastructure maintenance contract in Afghanistan for breach of contract, unjust enrichment and fraudulent inducement of contract.

    August 2012

    • David Driscoll and Jeff Rose, and their local Illinois counsel, secure an order compelling arbitration from the Cook County, Illinois Circuit Court in a complex multi-party case involving claims exceeding $1.7 million. The case involves claims of fraud and violation of the Illinois consumer protection act by a corporation and four individual defendants not party to the arbitration agreement. Relying heavily on Driscoll Rose’s briefs, the Court found that federal law preempts state law in areas critical to the motion and that the Federal Arbitration Act requires the plaintiff to arbitrate all claims against all defendants.

    May 2012

    • The Colorado Supreme Court grants Qwest’s petition for certiorari in Qwest Corporation v. Colorado Division of Property Tax, Division of Local Affairs. The lawsuit by Qwest challenges the constitutionality of the State’s disparate tax treatment of Qwest and Colorado cable companies. David Driscoll and a firm associate have been members of Qwest’s legal team in the case since its filing in the Denver District Court in 2009. They have been involved in the briefing in the Colorado Court of Appeals and the Colorado Supreme Court.

    January 2012

    • David Driscoll files a Denver District Court complaint on behalf of Qwest Corporation seeking review of a 2011 order entered by the Colorado Department of Revenue directing payment by Qwest of use taxes to two home rule cities in Colorado.

    December 2011

    • The American Arbitration Association appoints David Driscoll to a panel of three arbitrators to hear and decide a complex contract dispute involving Colorado and California telecommunications service providers.
    • On behalf of their client, a California real estate salesman, David Driscoll and his co-counsel obtain an order from the Pueblo County District Court staying all proceedings and compelling mediation and arbitration of breach of contract and negligence claims brought by a Colorado corporation arising from the sale of a Holiday Inn Express hotel in Alamosa, Colorado.

    June 2011

    • David Driscoll represented the purchaser of a 74-room hotel in Alamosa, CO, seeking to recover losses resulting from the seller’s failure to disclose material facts relating to the transaction.  After a four-day arbitration in May, 2011, the arbitrator awarded David and Ken’s client $300,000 on his claim for fraudulent nondisclosure. The opposing party never made a pre-award settlement offer. The arbitrator also awarded David and Ken’s client its attorney fees and costs.
    • David Driscoll successfully defended a long-time firm client in an American Arbitration Association arbitration of a commercial dispute involving claims and counterclaims for breach of contract.  The claimant sought approximately $34,000 in damages from David’s client, and David’s client sought $3,966.55 in damages from the claimant.  The arbitrator awarded the claimant $0, and awarded David’s client all of its claimed damages, as well as its fees for the arbitrator.   

    May 2010

    • David Driscoll filed and served a major declaratory relief action in Boulder County District Court on behalf of ProBuild, the nation’s largest supplier of building materials to professional contractors, involving an insurance coverage dispute with eleven insurance carriers. The case is still pending.

    April 2010

    • David Driscoll and an associate at the firm provided legal advice to Tesla Motors with respect to a potential transaction involving the sale of five high performance electric sports cars for a combined value of more than $730,000.  Pursuant to the firm’s investigation, Tesla uncovered the fraudulent intent of the buyers and was able to avoid becoming a victim of malfeasance.

    November 2009

    • David Driscoll represented Qwest Communications International Inc. and Qwest Communications Corp in and 11-day arbitration hearing involved claims of breach of contract and misappropriation of trade secrets. The parties presented testimony from 16 witnesses.  Plaintiff’s final settlement demand from David and Sarah’s client before the arbitration hearing was for more than $5 million.  The arbitrator awarded $0.  The U. S. District Court, District of Colorado, affirmed the arbitrator’s decision.  (DMA Int’l v. Qwest Comm. Int’l, 2008 WL 4216261.)  In its November 2009 published opinion, the Tenth Circuit affirmed both the lower court and the arbitrator’s decision and awarded attorney’s fees to Qwest due to the frivolous nature of the challenge to the arbitration award. (585 F.3d 1341, 10th Cir., Nov. 4, 2009) Mr. Driscoll also represented Qwest in the appeal.
    • A Mesa County District Court judge grants a motion to dismiss filed by David Driscoll on behalf of Qwest Corporation in a lawsuit filed by a Grand Junction businessman who claimed disruption in his business based on alleged failure to properly transfer a business telephone number. David and Sarah’s motion relied on the filed tariff doctrine.
       
    Accomplishments in Accounting Malpractice Cases (back to top)

    • In 2008, David Driscoll  successfully represented a Louisville accountant in a Boulder County District Court malpractice action based on allegedly faulty advice related to a 1031 exchange.
    • David Driscoll successfully represented a 68-year old retired minister and her husband in 2009 in a case against a Colorado accounting firm arising from faulty advice related to the Parsonage Allowance, found at IRC §107. The accountant told the minister that she could withdraw funds from her two church retirement accounts completely tax-free, as long as the money was used to purchase housing. Based upon this advice, the minister withdrew $464,132.00 from two church retirement accounts and used the money as partial payment on a new home. Subsequent to this withdrawal, the accountant prepared the minister’s tax returns for the year in question, excluding the full $464,132.00 withdrawal from the minister’s gross income. The minister later learned that the exclusion did not apply and that she had greatly underreported her income and faced very substantial obligations and penalties from the IRS and the State for the error.
    Accomplishments in Arbitration Cases (back to top)

    In addition to having represented clients in dozens of arbitrations under the Commercial Rules of the American Arbitration Association and JAMS, David Driscoll has served since 2007 as an arbitrator in AAA commercial arbitrations.  Notable Cases include:

    • In February 2017, David Driscoll completes nearly a year of service as a member of a AAA panel of three arbitrators presiding over a high dollar dispute between certain Texas-based pharmacies and the entity managing their in-network pharmacy benefits.
    • David Driscoll for four years represented a major supplier and installer of windows in a series of complex, multi-party AAA arbitration of construction defect claims related to multi-family residential developments along Colorado's Front Range.
    • In June 2014, the American Arbitration Association appointed David Driscoll to preside as the arbitrator in a case involving a Nebraska insurance company’s general denial of a claim for crop damage benefits.
    • In August 2012, David Driscoll, Jeff Rose and their local Illinois counsel secured an order compelling arbitration from the Cook County, Illinois Circuit Court in a complex multi-party case involving claims exceeding $1.7 million.  The case involved claims of fraud and violation of the Illinois consumer protection act by a corporation and four individual defendants not party to the arbitration agreement.  Relying heavily on GDR’s briefs, the Court found that federal law preempts state law in areas critical to the motion and that the Federal Arbitration Act requires the plaintiff to arbitrate all claims against all defendants. 
    • In June 2012, David Driscoll presided as an arbitrator in a 7-figure dispute between two corporations, based in Colorado and Georgia respectively, over the division of revenues under their multi-year “Teaming Agreement.” David decided the case after a five-day arbitration hearing.
    • In December, 2011, the American Arbitration Association appointed David Driscoll to a panel of three arbitrators to hear and decide a complex contract dispute involving Colorado and California telecommunications service providers. 
    • In December, 2011, on behalf of their client, a California real estate salesman, David Driscoll obtained an order from the Pueblo County District Court staying all proceedings and compelling mediation and arbitration of breach of contract and negligence claims brought by a Colorado corporation arising from the sale of a hotel.
    • In 2011, David Driscoll represented the purchaser of a 74-room hotel in Alamosa, CO, seeking to recover losses resulting from the seller’s failure to disclose material facts relating to the transaction. After a four-day arbitration in Pueblo, Colorado, the arbitrator awarded David’s client $300,000 on his claim for fraudulent nondisclosure. The opposing party never made a pre-award settlement offer.  
    • In April 2011, David Driscoll served as arbitrator in an American Arbitration Associate crop damage case brought by a Flagler, Colorado, farmer against the farm’s crop insurance carrier.
    • In 2011, David Driscoll successfully defended a long-time firm client in an American Arbitration Association arbitration of a commercial dispute involving claims and counterclaims for breach of contract. The claimant sought approximately $34,000 in damages from David’s client, and David’s client sought $3,966.55 in damages from the claimant. The arbitrator awarded the claimant $0, and awarded David’s client all of its claimed damages, as well as its fees for the arbitrator.
    • In 2007, following an eleven-day arbitration at JAMS in Denver before Judge Jim Miller, David Driscoll obtained an arbitration ruling dismissing all claims against his clients, Qwest Communications International Inc. and Qwest Communications Corp.  This complex multi-million dollar commercial dispute involving claims by a Columbus, Ohio company, a former Qwest contractor, of breach of contract and misappropriation of trade secrets.  Claimant’s final settlement offer before the arbitration hearing exceeded $5 million. The arbitrator awarded the Claimant $0. The U. S. District Court, District of Colorado, affirmed the arbitrator’s decision. (DMA Int’l v. Qwest Comm. Int’l, 2008 WL 4216261.) In a published opinion, the Tenth Circuit affirmed both the lower court and the arbitrator’s decision and awarded attorney’s fees to David’s clients related to the challenge to the arbitration award. (585 F.3d 1341, 10th Cir., Nov. 4, 2009) David also represented Qwest in the appeal.
    Accomplishments in Breach of Contract Cases (back to top)
    • In 2013, David Driscoll filed, and later settled, a suit in U.S. District Court in Denver on behalf of our client, a leading international contracting firm, seeking more than $1.8 million in damages against another contractor on a U.S. Department of Defense infrastructure maintenance contract in Afghanistan for breach of contract, unjust enrichment and fraudulent inducement of contract.
    • In 2008, following a two-day arbitration in Bend, Oregon in a case involving claims for of breach of contract and negligence on the part of Driscoll Rose’s client, the AAA arbitrator ruled in favor of David Driscoll’s  client on all issues.  The claims were for $408,188.  The arbitrator awarded $0 and dismissed all claims with prejudice. The opposition’s final settlement demand was for $175,000 and other consideration.  The case involved significant legal issues including the applicability of the economic loss doctrine and a dispute over the enforceability of the contract’s governing law provision. 
    • For twelve years, Driscoll Rose lawyers served as lead outside counsel in scores oflitigation and arbitration matters for Qwest Dex, Dex Media and Dex One, defending, and negotiating resolution of, breach of contract actions brought by directory and on-line advertisers— large and small— in a multi-state region.  David Driscoll appeared as lead counsel on behalf of these clients in state and federal courts and arbitration proceedings in nine states.
    • David Driscoll and a firm associate represented a large commercial client at an 11-day arbitration hearing in September and October 2007 involving claims for tens of millions of dollars, a highly complex contract, and allegations of breach of contract, misappropriation of trade secrets, and civil conspiracy.  The case resulted in an arbitration award from Judge James Miller of JAMS in Denver in favor of our client and the dismissal of all claims.  The hearing took place after months of e-discovery and discovery disputes relating to, among other things, the more than 76,000 pages of documents produced in the case.
    • In 2005, David Driscoll successfully represented a large telecommunications carrier in a complex declaratory judgment and breach of contract claim brought by a large Iowa consulting firm related to high speed private line services.
    Accomplishments in Civil Conspiracy Cases (back to top)
    • In 2006 and 2007, David Driscoll successfully defended a major corporate client in a multi-million dollar lawsuit initially brought in U.S. District Court and subsequently removed to a JAMS arbitration involving claims of civil conspiracy.
    Accomplishments in Construction Defect Law Cases (back to top)
    • David Driscoll currently represents a subsidiary of the nation’s largest supplier of building materials to professional contractors in several construction defect actions. Our firm has been representing this supplier in such actions since 2010.
    Accomplishments in Fraud and Fraudulent Misrepresentation Cases (back to top)
    • In August 2012, David Driscoll, Jeff Rose and their local Illinois counsel secured an order compelling arbitration from the Cook County, Illinois Circuit Court in a complex multi-party case involving claims exceeding $1.7 million.  The case involved claims of fraud and violation of the Illinois consumer protection act by a corporation and four individual defendants not party to the arbitration agreement.  Relying heavily on Driscoll Rose’s briefs, the Court found that federal law preempts state law in areas critical to the motion and that the Federal Arbitration Act requires the plaintiff to arbitrate all claims against all defendants.  The case settled on terms favorable to GDR’s client soon thereafter.
    • In 2011, David Driscoll represented the purchaser of a 74-room hotel in Alamosa, CO, seeking to recover losses resulting from the seller’s failure to disclose material facts relating to the transaction. After a four-day arbitration in May, 2011, in Pueblo, Colorado, the arbitrator awarded David’s client $300,000 on his claim for fraudulent nondisclosure.  The opposing party never made a pre-award settlement offer.
    • David Driscoll provided legal advice to Tesla Motors in 2008 with respect to a potential transaction involving the sale of five high performance electric sports cars for a combined value of more than $730,000.  Pursuant to their investigation, David uncovered the fraudulent intent of the buyers and were able to prevent their clients from becoming potential victims of malfeasance.
    • On behalf of clients including El Paso County Telephone Co., David Driscoll obtained a series of successful decisions in the Colorado PUC and the courts in litigation against providers of long distance service who fraudulently failed to pay switched access and other charges to local exchange and wireless carriers whose networks were used to complete the calls.
    Accomplishments in Indian Law Cases (back to top)
    • David Driscoll successfully represented a telephone company in a multi-million dollar, multi-party trespass action in Nez Perce Tribal Court in Lapwai, Idaho.  After the trial court denied the motion to dismiss filed on behalf of David’s client, the Nez Perce Court of Appeals reversed and dismissed the action for lack of subject matter jurisdiction.  In the past, David has represented clients in other significant Indian Law disputes in New Mexico and California.
    Local Counsel (back to top)

    Driscoll Rose LLC frequently serves as local counsel in significant business cases brought by out-of-state lawyers in Colorado courts.  We can provide references, if needed, of out-of state attorneys at major firms who have used, and been very pleased with, our services in this regard.

    Having also been in the role many times of engaging local counsel in other jurisdictions to assist us on business cases, we understand the need for local counsel to observe and respect the relationship that out-of-state counsel have with the business client, avoid duplication of effort with out-of state counsel, and give prompt, specific and accurate advice on steps that need to be taken to comply with local rules in Colorado and to move matters through our courts efficiently.  This advice is particularly important in view of the frequent changes to the Colorado Rule of Civil Procedure and the local rules in our U.S. District Court.  

    In Colorado state courts, of course, pro hac vice admission continues to be required for out-of-state lawyers who wish to appear.  Driscoll Rose has the templates necessary for timely preparation of pro hac vice motion/s and supporting documents.  In our U.S. District Court, while pro hac vice admission is not required of lawyers admitted to practice before other U.S. District Courts, out-of-state counsel generally find it necessary and helpful to engage a local firm to help handle such matters as the Rule 16 scheduling conference and other personal appearances required by the court, particularly in the early stages of the lawsuit.

    Accomplishments in Contractor’s and Mechanic’s Liens Cases (back to top)

    Subcontractors who have not been paid for their services and supplies often can find relief under Colorado law. 

    When funds are disbursed to a contractor or a subcontractor under any construction or remodeling contract, those funds “shall be held in trust for the payment of the subcontractors, laborer or material supplies, or laborers who have furnished laborers, materials, services, or labor.”  C.R.S. § 38-22-127.  If the contractor or subcontractor then fails to make payments that are owed, that contractor or subcontractor may have committed theft, as defined by C.R.S. § 18-4-405. 

    If a contractor has been paid for the project but hasn’t paid the subcontractors, that contractor may be liable not just for the contract price, but also for attorneys’ fees, costs, and penalties.

    GDR Accomplishments in Contractor’s and Mechanic’s Liens Cases

    • In 2014, Jeff Rose resolved a case filed in the Jefferson County District Court for the full contract value, plus attorneys’ fees and costs, on behalf of a Broomfield, Colorado subcontractor that was not paid by the General Contractor.  
    Accomplishments in Product Liability Cases (back to top)
    • In a series of complex product liability actions, David Driscoll and firm co-founder Alexander Garlin participated in a three-year, eleven-lawyer effort to secure crop damage compensation for a group of 35 nurserymen and farmers in claims against E. I. Du Pont de Nemours and Co., Inc., the manufacturer a fungicide that had been applied to their plants and crops. The cases involved more than a million pages of documentation and depositions in nine states and the District of Columbia.
    Accomplishments in Professional Licensing Cases (back to top)
    • As an Assistant Attorney General prior to founding Garlin Driscoll Rose, LLC, David Driscoll spent two years representing a number of Colorado’s professional licensing boards in license suspension and revocation proceedings and related appeals and lawsuits in state and federal courts.   Those boards included the Colorado Real Estate Commission, the Colorado Board of Optometric Examiners and the Colorado Board of Medical Examiners.  Since then, in private practice, David has defended a number of professional licensees in disciplinary proceedings brought by these boards.
    Accomplishments in Trade Secrets Cases (back to top)
    • David Driscoll and a firm associate represented a large commercial client at an 11-day arbitration hearing in September and October 2007 involving claims for tens of millions of dollars, a highly complex contract, and allegations of breach of contract, misappropriation of trade secrets, and civil conspiracy.  The case resulted in an arbitration award from Judge James Miller of JAMS in Denver in favor of our client and the dismissal of all claims.  The hearing took place after months of e-discovery and discovery disputes relating to, among other things, the more than 76,000 pages of documents produced in the case.

    Accomplishments in Trespass Cases (back to top)
    • In January 2015, David Driscoll and Jeff Rose secured a $1,625,000 settlement after one week of a two-week jury trial in the Teller County District Court in a complex trespass case relating to the release of nearly a hundred years of stored fine sediment  from a reservoir onto private property downstream.
    • David Driscoll successfully represented a telephone company in a multi-million dollar, multi-party trespass action brought by tribal members in Nez Perce Tribal Court in Lapwai, Idaho.  David challenged the suit on grounds that the tribal court lacked subject matter jurisdiction to decide the claims.  After the trial court denied the motion to dismiss, David prevailed on a motion to stay the proceeding until the trial court’s ruling could be reviewed by the Nez Perce Court of Appeals.  The Nez Perce Court of Appeals then reversed and dismissed the action for lack of subject matter jurisdiction.  The case was never re-filed.
    • Prior to the Nez Perce case, David Driscoll represented clients in other significant Indian Law disputes involving trespass claims in New Mexico and California.  These disputes related to the allegedly improper placement of fiber optic cable and other telephone network facilities on Indian land.
    • In 2007, following seven months of discovery, David Driscoll obtained a favorable settlement in a state court trespass lawsuit filed in Youngstown, Ohio involving claims for damages and injunctive relief. David appeared pro hac vice through local counsel.