Vol. 38, No. 3
In and Around the Bar
Introducing The Colorado Lawyer’s Coordinating Editors
The Colorado Lawyer began publishing more than thirty-five years ago. Over the years, many members of the Colorado Bar Association (CBA) and the legal profession have volunteered their time, talents, and expertise to review draft manuscripts for content and accuracy, which is an integral component of the publication process.
The Colorado Lawyer is pleased and proud to introduce and recognize many of the individuals who currently serve as "Coordinating Editors" of substantive law articles in the publication. On behalf of the CBA, The Colorado Lawyer salutes and thanks the estimable individuals who appear here (and the others who currently serve), as well as the many fine individuals who have served in the past as Coordinating Editors of legal articles in The Colorado Lawyer.
The names of current Coordinating Editors and their contact information are published in every issue of The Colorado Lawyer (and are available online at www.cobar.org/index.cfm/ID/20522). The printed list of Coordinating Editors appears on page 38 of this issue. Readers are encouraged to contact these individuals to discuss prospective article topics or to submit draft manuscripts.
Brad D. Bailey, Government and Administrative Law
Brad Bailey is a graduate of Colorado State University (1980) and the Gonzaga University School of Law (1983), where he was the Technical Editor of the Gonzaga Law Review. A native of Colorado, he served as the first law clerk in the Eighth Judicial District, clerking for Hon. William F. Dressel.
Brad worked in the City Attorney’s Office in Longmont, starting as the City Prosecutor. He contracted a case of the seven-year itch and moved to the mountains, where he became the Clear Creek County Attorney. When the seven-year itch returned with a vengeance, Brad went on to Littleton, where he served as the Assistant City Attorney for Littleton until December 2008. He is currently "between gigs."
Brad has served on the Annexation and Growth, and Municipal Issues Committees of the Colorado Municipal League and is Past President of the Attorney Section. He was the Metro City Attorneys Association Outstanding Assistant City Attorney in 2004 and was awarded the IMLA Amicus Service Award in 2008. He has published numerous articles in The Colorado Lawyer. When not practicing law or writing, Brad enjoys pestering trout with a fly rod, chasing pheasants and quail with a scatter gun, and watching his daughters swim.
James W. Bain, Construction Law
Jim Bain is a manager of Benjamin, Bain & Howard, LLC, a boutique firm that focuses on construction and real estate matters. Jim has been the Coordinating Editor of Construction Law articles in The Colorado Lawyer since 1997, because "[he] can remain current with construction issues while serving the legal community."
Since graduating from law school in 1976, Jim has written numerous articles and presented an array of lectures in the construction and litigation areas. He concentrates on complex civil, construction, and real estate litigation and primarily represents builders, developers, and contractors. He has served on the AAA National Roster of Arbitrators for construction since 1987.
Eric Bentley, The Civil Litigator
Eric Bentley is a partner in the Colorado Springs office of Holme Roberts & Owen LLP. He practices in the areas of commercial litigation, intellectual property, employment litigation, internal investigations, and white-collar criminal defense. Eric is an experienced trial lawyer, with extensive experience in state and federal courts, arbitration, mediation, and administrative proceedings.
Before joining Holme Roberts & Owen in 2001, Eric served as an Assistant U.S. Attorney in Philadelphia, as well as a trial attorney with the Organized Crime & Racketeering Section of the U.S. Department of Justice in Washington, DC. He also served as law clerk to Hon. James L. Oakes, U.S. Court of Appeals for the Second Circuit, and Hon. Leonard B. Sand, U.S. District Court for the Southern District of New York.
Eric serves on the Board of Directors of Colorado Springs Assets for Youth. He previously served as Program Director for the El Paso County Bar Association.
John J. Campbell, Elder Law
John Campbell is the founder and principal attorney of the Law Offices of John J. Campbell, P.C. He has practiced law since 1986 and has practiced in the area of elder law since 1996. His areas of concentration include elder law; estate, disability and long-term care planning; probate; guardianship and conservatorship; Medicare, Medicaid, and Medicare Set-Aside Arrangements; and the preservation of public benefits in catastrophic third-party liability and workers’ compensation settlements.
John is licensed to practice law in Colorado and also is licensed and on inactive status in Missouri. He is certified as an Elder Law Attorney by the National Elder Law Foundation, and is a Medicare Set-Aside Consultant certified through the International Commission on Health Care Certification. (The state of Colorado does not certify attorneys as experts in any field.)
John is a former Co-Chair of the CBA Elder Law Section and a Fellow of the Colorado Bar Foundation, and serves on the CBA Board of Governors and Executive Council. He has published numerous articles and has presented seminars on issues relating to elder law across the country.
Adam M. Cohen, Tax Law
Adam Cohen’s practice emphasizes the tax aspects of structuring the formation, acquisition, disposition, operation, and liquidation of businesses of all sizes, including bankruptcy restructurings, in a variety of industries, including manufacturing, health care, retailing, advanced technology, oil and gas, agricultural, finance, and real estate. He provides advice on renewable energy and low-income housing tax credit projects. He has been integrally involved in structuring billion dollar transactions. Adam’s practice also includes providing advice regarding reportable transactions.
Adam provides advice to a number of funds focused on investing in various sectors of the economy, including hedge funds, venture capital funds, and real estate funds. This advice has included fund structuring for U.S. investors, tax-exempt investors, and foreign investors, as well as disclosure of tax issues to potential investors and investment structuring.
Adam is actively involved in the ABA Tax Section, including chairing this group’s Task Force on Carried Interests and working with this group to provide comments to the Internal Revenue Service regarding the proper tax treatment of options in the tax partnership setting. He currently serves as the Chair of the section’s Young Lawyers Forum and CLE Coordinator of the section’s Partnerships & LLCs Committee.
Patricia A. Cooper, Family Law
Trish Cooper is Of Counsel to the Law Office of Stephen J. Harhai, where she devotes her practice exclusively to family law. She graduated magna cum laude from Bryn Mawr College and obtained her law degree at the University of Virginia School of Law, where she was Notes Development Editor of the Virginia Journal of Social Policy and the Law.
Trish represents a wide variety of clients in complex financial and child custody matters. She has been published in Divorce Edition magazine and has lectured on family law topics for CBA–CLE. She currently sits on the Executive Council of the CBA Family Law Section.
Casey Frank, Health Law
In 1949, Casey Frank was born one of eight children in Buffalo, New York, where many members of his family still reside. After nineteen years of training in Zen Buddhism at an upstate monastery, he went to law school and moved to Denver. Go figure.
Casey’s firm has a comprehensive litigation practice and also advises small businesses. He is an adjunct Senior Instructor in the Forensic Psychiatry Program and a Faculty Associate at the Center for Bioethics & Humanities, and has been a member of the Clinical Medical Ethics Consult service for many years, all at the University of Colorado Denver Health Sciences Center. He was a member of the CBA Health Law Section Executive Council during 2006–07.
William P. Godsman, Tort and Insurance Law
Will Godsman became a solo practitioner in 1997 after working in a personal injury firm for fifteen years. Before entering law school at the University of Denver, he earned bachelors and masters degrees in industrial and operations engineering (with an emphasis on human factors engineering) from the University of Michigan. He represents plaintiffs who have suffered personal injury due to auto accidents, ski accidents, slip-and-fall accidents, and general negligence. He also represents plaintiffs in wrongful death claims and medical negligence claims.
Will has edited Tort and Insurance Law articles in The Colorado Lawyer since May 1991. He is always anxious to hear from prospective authors wishing to write objective and informative articles about tort and insurance law issues facing practitioners.
Melanie J. Granberg, Natural Resource and Environmental Law—Environmental
Melanie Granberg practices environmental law with the firm of Gablehouse Calkins & Granberg, LLC. Her practice includes a broad range of environmental specialties, including CERCLA, RCRA, CWA, CAA, EPCRA, asbestos, and mold and land use, as well as traditional transactional work. Melanie also has considerable experience working with federal, state, and local agencies concerning emergency planning, and has worked to further chemical accident prevention internationally.
Melanie is a member of Colorado’s Solid and Hazardous Waste Commission. She has served on advisory committees to the Colorado Department of Public Health and Environment’s Hazardous Materials and Waste Management Division concerning regulation development regarding methamphetamine lab remediation and asbestos in soils.
Morris B. Hoffman, Criminal Law
Morris Hoffman has been a district court judge in Denver since 1991. He currently sits in a civil division and is the presiding civil judge. He also is an adjunct professor of law at the University of Colorado, teaching courses on the history of the jury and jury selection, as well as law and biology.
He is a member of the MacArthur Foundation’s Law and Neuroscience Project and a research fellow at the Gruter Institute for Law and Behavioral Research. His wife Kate Knickrehm is a lawyer at Pendleton, Friedberg, Wilson & Hennessey. Two sons are out of the nest; two dogs are still in it.
John M. Husband, Labor and Employment Law
John Husband has practiced labor and employment law for more than thirty years. He has tried cases and been lead trial counsel in approximately 300 adversarial proceedings, trials, major arbitrations, and administrative actions that have been tried to conclusion. John is listed in "Best Lawyers in America," "Chambers," and "Colorado Super Lawyers," and was named "Best of the Bar" by the Denver Business Journal. He is a Fellow of the College of Labor and Employment Lawyers. John is the Chairman of Holland & Hart LLP.
Donald I. J. Kelso, The Civil Litigator
Donald Kelso is a partner at Holme Roberts & Owen, LLP and has been practicing with the firm since 1998. His practice emphasis is commercial litigation and employment law.
Donald has represented numerous clients before federal and state courts, as well as in arbitration and other alternative dispute resolution proceedings. Donald’s commercial litigation experience includes contract disputes, business torts, product liability, real property disputes, and construction litigation. Donald’s employment litigation experience includes defense of race, sex, disability discrimination, sexual harassment, ERISA, breach of contract, and wrongful discharge claims. He has helped defend class action commercial and employment lawsuits and complex arbitration claims. For the last few years, Donald has been working on copyright infringement cases for the music industry.
A native of Scotland, Donald practiced law in the United Kingdom prior to moving to Denver in 1997. He is still known to wear a kilt at any opportunity.
Kevin J. Kinnear, Natural Resource and Environmental Law—Water
Kevin Kinnear is a partner at Porzak Browning & Bushong LLP, a leading water law firm in Boulder. His practice includes water rights adjudications and appeals, water rights transactions, and related real estate and land use law. Kevin is a graduate of the Colorado College (Boettcher Scholar) and the University of Colorado Law School. Kevin is a past Chair of the CBA’s Water Law Section and past Co-Chair of the Boulder County Bar Association’s Section on Natural Resources and the Environment.
David W. Kirch, Trust and Estate Law
David Kirch has practiced law for thirty-four years in the areas of estate planning and probate and trust administration. He received his BA degree from California Lutheran College and his JD degree, summa cum laude, from the University of Colorado (Order of the Coif). David is past Chair of the CBA Trust and Estate Section and a Fellow of the American College of Trust and Estate Counsel.
David is a member of the Denver Estate Planning Council. He has lectured on trusts and estates at the University of Denver Sturm College of Law.
Trygve E. Kjellsen, Business Law
Trygve Kjellsen is a partner in the Corporate and Securities Group of Kamlet Shepherd & Reichert, LLP. Trygve represents start-ups and other private and public companies, individual entrepreneurs, and other investors in a wide range of transactions, including mergers and acquisitions for purchasers and sellers, debt and equity financings, strategic alliances and joint ventures, entity formation and structuring, and general corporate and commercial counseling.
Trygve is a graduate of Rutgers School of Law. He received a BS from Truman State University. He is admitted to practice before the Colorado and New York Bars.
Joseph E. Lubinski, Real Estate Law
Joey Lubinski is an associate in the Denver office of Ballard Spahr Andrews & Ingersoll, LLP, where he is a member of the firm’s real estate group. His practice is concentrated on multifamily financing and development, including resort development.
In addition to serving as the Coordinating Editor for The Colorado Lawyer’s Real Estate Law articles, he is Chair of the Timesharing and Interval Use Committee of the ABA’s Real Property Trust and Estate Section.
Joey is a graduate of the University of Colorado Law School. He and his wife Serree live in Golden.
Stephen G. Masciocchi, Professional Conduct and Legal Ethics
Stephen Masciocchi is a partner in the Denver office of Holland & Hart LLP and is Chair of the firm’s Ethics and Conflict Committee. He graduated with honors from the University of Washington School of Law and was Associate Editor of the Washington Law Review.
Stephen specializes in appellate advocacy, complex civil litigation, and legal ethics. He has lectured and written articles on appellate practice, liability insurance, and legal ethics. He is a member of the CBA Ethics Committee.
Steven J. Merker, Intellectual Property and Technology Law
Steve Merker is a partner with Dorsey & Whitney LLP, where his practice focuses on patent litigation and other complex commercial litigation. He has almost thirty years of jury trial experience, representing individuals and corporate clients ranging from start-ups to the largest corporations in the world.
He received his BS degree in electrical engineering from Case Western Reserve University, his MS degree in electrical engineering from the University of Florida, and his JD degree (with honors) from The George Washington University School of Law, where he was a member of the Law Review. Steve is admitted to practice before the U.S. Patent and Trademark Office, various circuit courts of appeals and district courts, and the U.S. Supreme Court.
O. Russel Murray, Alternative Dispute Resolution
Russel Murray is an arbitrator and mediator with ADR Source, a Colorado-based business and commercial conflict management and dispute resolution services provider. Russel also is the current Chair of the CBA Dispute Resolution Section. He has served as member and chair of numerous ADR committees both locally and nationally, including serving as current Chair of the ABA Arbitrator Disclosure Standards Subcommittee.
After receiving his LLM from Northwestern University Law School in 1977, Russel began his career as a trial attorney with the U.S. Department of Justice, Antitrust Division, in Washington, DC, where he also served as a Special Assistant U.S. Attorney. In 1980, he returned to Denver with a large law firm, where he practiced until forming his own firm.
Russel has more than twenty-five years’ experience as a business litigator and transactional attorney, and is the author of The Mediation Handbook: Effective Strategies for Litigators (Bradford Pub., 2006), as well as numerous articles on ADR topics. He is a frequent lecturer on dispute resolution, litigation, and business law topics.
Sean R. O’Dowd, Intellectual Property and Technology Law (Emeritus)
Sean O’Dowd is a partner with the Boulder law firm of Neugeboren O’Dowd PC. Sean’s practice focuses on intellectual property, with a particular emphasis in the areas of patent and trademark counseling and procurement, licensing, and support of litigation and transactional matters.
Sean is a licensed patent attorney registered to practice before the U.S. Patent and Trademark Office. He is licensed to practice law in Colorado and California. He also is admitted to practice in many district and appellate courts throughout the country.
Sean has drafted and prosecuted patents covering a spectrum of technologies, including renewable energy, cellular telephony, semiconductor fabrication, Internet software, network architecture and management, anti-spyware software, and wireless local area networking.
Sean received his law degree, cum laude, from Arizona State University College of Law in 2001. He was an Associate Articles Editor for the Arizona State Law Journal. He received a BS in electrical engineering from the University of New Mexico, Albuquerque in 1991.
Barbara J. Shaklee, Juvenile Law
Barbara Shaklee is Assistant Director of the Human Services Section of the Denver City Attorney’s Office. She provides legal advice to the Denver Department of Human Services and supervises the child protection attorneys who handle all of Denver’s civil child abuse and neglect cases. In her twenty-six-year law practice, she has gained a broad perspective by representing children and their best interests, as well as respondent parents and other interested parties in child welfare cases.
In 2008, Colorado Governor Bill Ritter appointed Barbara to serve on the Governor’s Child Welfare Action Committee. The group of twenty-five appointees will meet for eighteen months to review existing structure and practices in Colorado’s child welfare system. They will identify areas of strength and challenge to make policy, budgetary, and legislative recommendations for improving child welfare in Colorado.
During legislative sessions, Barbara monitors bills of interest in the human services field, testifies at legislative hearings, and assists in clarifying issues through drafting bill revisions and preparing instructive Fact Sheets. She has presented training programs for the Kempe National Center for the Prevention and Treatment of Child Abuse and Neglect; the Colorado and Denver Departments of Human Services; the University of Denver Sturm College of Law; Denver Juvenile Court; the U.S. Department of Defense; and the Colorado County Attorney’s Association.
William F. Vobach, Intellectual Property and Technology Law
Bill Vobach is a patent attorney and a partner with Townsend and Townsend and Crew, LLP. He holds a BA from Oberlin College, a BS in Electrical Engineering from Washington University in St. Louis, and a JD from the University of Denver, where he was a member of the Board of Editors of the Denver University Law Review. His practice focuses on intellectual property, including patents, trademarks, copyrights, and trade secrets. Bill is the author of "Patent Law" in The Practitioner’s Guide to Colorado Business Organizations (CBA–CLE, 2005). He has practiced law in Colorado since 1994 and works with clients ranging from individual inventors and start-up companies to Fortune 500 companies. Prior to attending law school, Bill worked as an electrical engineer.
Linda Weinerman, Juvenile Law
Linda Weinerman has dedicated her legal career to children’s issues. From 1992 to 1999, Linda was a guardian ad litem in Denver County, representing children in dependency and neglect cases. She served as a Denver City Attorney from July 1999 through May 2002, representing the Denver Department of Human Services.
In 2003, Linda joined the staff of the Office of the Child’s Representative; she was named Deputy Director in 2004. Linda is a former Chair of the CBA Juvenile Law Section.
Lawrence M. Zavadil, Evidence
Larry Zavadil joined Jacobs Chase in 2002, following fourteen years of complex commercial litigation experience with large law firms. He is experienced in a wide range of commercial litigation, including noncompete/trade secrets; business "divorces" (that is, membership and partnership disputes); business torts; intellectual property; employment; real estate; products liability; professional liability; creditor/debtor; and securities. In addition to civil trial experience, Larry had many court and jury trials as a prosecutor for the cities of Arvada and Lafayette.
Larry has been a Coordinating Editor of Evidence articles since 1992. He has an "AV" rating with Martindale Hubbell and is a 2009 "Colorado Super Lawyer." Larry lectures at CLE programs regarding noncompete agreements and trade secrets and various aspects of civil trial practice. Away from the office, he enjoys spending time with his sons, mountain biking, trail running, snowboarding, snowshoeing, motorcycling, and reading.
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