HBC Title IX attorney John Clune recently went on air to discuss and debate the impact of the Department of Education’s proposed regulations for school responses to sexual abuse. A founding board member of the largest Title IX training body for school administrators, Clune criticized the new regulations, explaining that they will only create more tolerance for gender-based violence in schools and make it harder for schools to discipline offenders. Colorado Public Radio’s article on the debate can be found here.
HBC is delighted to welcome Ken Robinson, Meghan Hungate and Lucy Walker (all formerly of Robinson Hungate, PC) to the firm as of September 1, 2018. Ken, Meghan and Lucy bring to HBC their decades of wisdom and experience in the areas of construction, real estate and commercial litigation.
Ken Robinson - Before opening his own firm in 1999, Ken was a partner in the Boulder real estate and construction firm of Wells, Love and Scoby. His practice emphasizes design and construction litigation, construction contracts and documentation, mechanic's liens, real estate litigation, road law, drainage law, collections and real property boundary and access disputes. Ken has been a Registered Professional Engineer in Colorado since 1977 (now inactive). Ken has had a Martindate-Hubbell AV®Preemient™ Peer Review attorney rating for 25 years.
Meghan Hungate - Meghan's practice focuses on construction, real estate, and business disputes, including construction litigation, construction contracts, mechanic's liens, access and boundary disputes, and real estate and commercial litigation. Prior to joining HBC, Meghan was a partner at Robinson Hungate, PC.
Lucy Kennedy Walker - Lucy's primary focus is construction litigation, representing both owners and contractors in defect and contract disputes. She also represents clients in a wide range of real estate litigation, covering issues ranging from property rights and boundary disputes, to homeowners' association and road and access issues.
HBC's Jim Carpenter was selected as a 2019 "Lawyer of the Year" for Boulder by The Best Lawyers in America. Only a single lawyer in each practice area in a community is honored each year. Jim was named for his exceptional work in Mergers and Acquisitions.
This honor follows other HBC's lawyers selections as "Lawyers of the Year": Brad Peterson's selection for Denver/Boulder for Construction Law in 2013, Connie Tromble Eyster's selection for Trusts and Estates and Chris Ford's selection for Personal Injury Litigation-Plaintiffs both in 2017.
HBC is delighted to announce that ten of its lawyers were selected as "Best Lawyers in America" for 2019. Here are the lawyers and the practice areas for which they were selected:
Jim Carpenter: Corporate Law and Governance, Mergers and Acquisitions
Maureen Eldredge: Corporate Law
Bill Meyer: Commercial Litigation
Brad Peterson: Construction Law
Connie Tromble Eyster: Trusts and Estates
Kimberly Hult: Medical Malpractice Law - Plaintiffs
Baine Kerr: Medical Malpractice Law - Plaintiffs
Chris Ford: Personal Injury Litgation - Plaintiffs
Glen Gordon: Personal Injury Litigation - Plaintiffs
David Driscoll: Commercial Litigation, Insurance Law and Personal Injury Litigation - Plaintiffs
HBC's Baine Kerr, Jonathan Boonin and Lauren Groth represented Professor Lucy Marsh in a landmark equal pay case against DU Law School. HBC represented Professor Marsh in filing a charge of discrimination with the EEOC, convincing the EEOC to "find cause" and take her case not only on her behalf but on behalf of all female full professors at DU Law School. HBC then joined with the EEOC in representing Professor Marsh in a lawsuit that resulted in the entry in May 2018 of a Consent Decree. After initially refusing to pay Professor Marsh anything, in the Consent Decree, DU agreed to pay Professor Marsh and the other affected female professors a total of $2,660,000 in back pay, compensatory damages and attorneys' fees. In addition, all of these professors are getting substantial pay raises going forward. Moreover, as part of the Consent Decree, DU Law School agreed to the appointment of an external monitor for six years and to annual gender equity studies from an outside labor economist to ensure the problem does not arise again.
Media coverage: Ward, Stephanie Francis, "After Previously Defending Lower Pay for Female Profs, DU Law School enters EEOC Consent Decree, ABA Journal, May 17, 2018.
HBC is delighted to welcome two well-known and experienced trial attorneys to the firm.
Dan Williams - Dan brings to the firm over 17 years of litigation experience in a wide variety of commercial, business, securities and consumer disputes, including bet-the-company and other complex cases for emerging and established companies of all sizes. Dan's clients come from a diverse range of industries, including natural products and outdoor industry, technology firms, life sciences/medical device companies, financial services and energy companies.
David Driscoll - David's practice emphasizes complex commercial litigation, plaintiff's personal injury, environmental torts, and insurance litigation of all types. He also regularly serves as an AAA arbitrator. David is a past president of the Boulder County Bar Association and has been listed in Colorado Super Lawyers and Colorado Best Lawyers.
HBC has filed a lawsuit in Missoula, Montana alleging violations of Title IX for a high school's mishandling of repeated reports of a teacher's sexual misconduct toward two students. The suit alleges that the school received a report in 2014 that a Frenchtown, MT music teacher, Troy Bashor, was reported for unlawful sexual contact with a young student. The school took no action against the teacher who went on to sexually assault another student in the fall semester of 2016, according to the complaint. The suit also alleges that the second student was forced to transfer schools afer reporting the abuse due to the horrible retaliation from several of the other students who described Bashor as their "favorite teacher." Along with the lawsuit, Bashor is being criminally prosecuted by the Missoula County Prosecutor's Office for his behavior toward both of the students.
"The country's top legal talent joins the Frenchtown Title IX suit," Missoula Independent, 1/11/18.
Our newest associate, Colleen M. Koch, joined the firm after graduation from the University of Colorado School of Law in 2017. Colleen served as the Managing Editor of the Law Review and she was selected as a member of the Order of the Coif, which honors those graduating in the top 10 percent of the class. With her background as an educator, she will join the firm's nationally-recognized Title IX practice group. She will focus on personal injury, Title IX and general commercial litigation.
HBC is very pleased to welcome Lauren E. Carpenter as an associate with the firm. A 2006 Order of the Coif graduate of the University of Washington School of Law, Lauren brings to the firm over 11 years of legal experience in both private practice and as a JAG in the United States Air Force. At HBC, Lauren will emphasize corporate work, business transactions, mergers and acquisitions, financing and counseling emerging companies.
HBC attorneys John Clune and Lauren Groth filed a Peititon for Certiorari to the U.S. Supreme Court in the Title IX matter of Ross v. University of Tulsa. HBC client Aibgail Ross was raped by a student athlete at Tulsa and learned thereafter that another female student had previously reported the same offender to the Campus Security office for an earlier rape. No action was taken by the school following the first report and the security department threw the first victim's written statement in the garbage. On appeal, the 10th Circuit affirmed the dismissal of the case ruling that notice of a dangerous campus offender given to Campus Security is insufficient to put the school as a whole on notice. The court concluded that despite Tulsa's deliberate failure to respond to the earlier report, there is no liability without showing notice to a higher official.
HBC has argued to the U.S. Supreme Court that where the school policy instructs students to report sexual misconduct to Campus Security and where Tulsa's security officers are the school's Title IX investigators, the school was sufficiently on notice and should be held responsible for their deliberate inaction. A copy of HBC's Petition can be found here or at http://www.hbcboulder.com/pdf/RossPetition.pdf
HBC attorneys John Clune and Keith Edwards filed a civil action against fomer NFL football player Jarryd Hayne for sexual battery in Santa Clara County California, Superior Court. The complaint alleges that Hanye took a visibly intoxicated woman back to his home in San Jose where he raped her. The Santa Clara County native was passed out in the Uber ride to his home and awoke the next morning in significant pain and bleeding. Hayne later acknowledged that he did have sexal intercourse with the woman.
Media coverage includes:
"Rugby-player-turned-49er accused of rape in civil suit," Mercury News, 12/19/17.
"Lawyer John Clune is acting for Jarryd Hayne's alleged rape victim," News.com.au, 12/20/17
In December 2017, HBC seasoned litigator Bill Meyer prevailed in a trademark cancellation proceeding before the Trademark Trial and Appeal Board (TTAB). Bill represented Survival Swim Development Network, Inc., which sought cancellation of the mark SELF RESCUE registered by J. Barnett Holdings, Inc. After lengthy proceedings, a three-judge panel of the TTAB in Washington, D.C., ordered cancellation of the registration on the ground that it is merely descriptive of the identified services and has not acquired distinctiveness.
HBC's Title IX sexual assault lawsuit against Baylor University on behalf of a former Baylor student has been settled. The complaint, filed in January 2017 by HBC partners Chris Ford and John Clune, received much attention by bringing to light their own investigation that found 52 acts of rape by more than 30 football players over a 4-year period at Baylor. Both sides were able to work together in a meaningful fashion to resolve the matter. The alleged perpetrators, Tre'Von Armstead and Myke Chatman, former Baylor football players, are awaiting a criminal trial for the 2013 rape.
The settlement was reported widely. Below is one such article.
Baylor, Alleged Gang Rape Victim Reach Settlement in Title IX Suit, Waco-Tribune Herald, Sept. 5, 2017
More info on HBC's national Title IX practice can be found here.
HBC congratulates Bill Meyer, Jim Carpenter, Baine Kerr, Brad Peterson, Kimberly Hult, Chris Ford, Connie Eyster, Maureen Eldredge, Bob Schuetze and Glen Gordon for their selection as "Best Lawyers in America" for 2018. The selection process is based on an exhaustive peer review survey of nearly 50,000 attorneys. The practice areas for which the selections were made are: Corporate Governance Law and Mergers and Acquisitions: Jim Carpenter. Corporate Law: Jim Carpenter and Maureen Eldredge. Construction Law: Brad Peterson. Trusts and Estates: Connie Eyster. Commercial Litigation: Bill Meyer. Plaintiff's Personal Injury Litigation: Chris Ford, Bob Schuetze and Glen Gordon. Plaintiff's Medical Malpractice: Kimberly Hult and Baine Kerr. Railroad Law: Bob Schuetze.
HBC partner Chris Ford finished his two-year term as Chair of the nonprofit The Legal Aid Foundation of Colorado on June 30, 2017. During his chairpersonship, the Foundation raised record contributions during its annual fundraising campaigns. For the 2016-2017 Annual Campaign, the Foundation raised more than it ever has - close to $2 million. Funds raised by the Foundation support Colorado Legal Services, which provides critical legal services to low income Coloradoans who cannot otherwise afford civil legal representation. Chris will continue to chair a strategic fundraising task force for the Foundation and the Foundation's Boulder Annual Campaign.
HBC is very pleased to welcome Lisa Willcox as an associate attorney with the firm. Lisa is a graduate of the University of Colorado School of Law, graduating in the top 2% of her class, with an emphasis in taxation. At CU Law, Lisa was a member and publishing student author of the University of Colorado Law Review. Lisa obtained a B.A. in Economics and English Language and Literature from the University of Michigan. Before law school, Lisa worked as a project manager and business analyst for the software development life cycle at a small division of the University of Wisconsin School of Medicine and Public Health. Lisa's practice will focus on estate planning and probate administration, as well as tax, business transactions and real estate.
HBC partner Justin Konrad was quoted in the Daily Camera article "Members of shuttered Longmont kickboxing gym battling for refunds." The Camera sought Justin's perspective on the contractural rights of the gym members to refunds for prepaid classes after the gym closed abruptly.
HBC partner Chris Ford is a featured speaker at Harvard's HALT Title IX Conference "What Comes Next: Title IX Under a Trump Administration." The two-day conference covers a variety of topics involving Title IX rights and advocacy. Chris is speaking on a panel with a Co-Founder of Know your IX, an organization focused on empowering students to stop sexual violence. Chris is one of HBC's nationally-recognized Title IX litigation attorneys.
HBC Attorneys John Clune and Lauren Groth recently gave a Title IX presentation to the Denver Sexual Assault Interagency Council. In attendance was the Council's Title IX working group consisting of staff from Higher Education, the Denver Public School System, Denver Police officials as well as the Denver District Attorneys office. Mr. Clune and Ms. Groth discussed and fielded questions on best practices under Title IX, differences between Higher Education and K-12 dynamics, and the future of the Department of Education's role in the enforcement of these civil rights.