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Attorney
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Michael has over 18 years of experience in complex business transactions. He routinely advises businesses on matters such as legal compliance, raising capital and exit strategies. 

    • Juris Doctor, George Mason University – Antonin Scalia Law School

    • Bachelor of Arts, U.S. History, University of Pennsylvania

    • Bar Admissions: Colorado Bar, District of Columbia, Virginia Bar (Inactive)

  • REPRESENTATIVE BUSINESS

    LITIGATION MATTERS

    • Successfully obtained judgment on behalf of LLC member who had been shut out of business by co-owner, obtaining judgment for civil theft, accounting, and breach of fiduciary duty in connection with the theft of company funds;

     

    • Obtained judgment for securities fraud in connection with misrepresentations made by the seller of an interest in an LLC as an investment vehicle;

     

    • Successfully settled dispute over ownership of rights to water usage after mistaken transfer;

     

    • Successfully settled LLC breakup involving claims that an LLC member breached their fiduciary by exceeding their authority in purporting to incur debt on behalf of the LLC instead of investment capital;

     

    • Successfully settled hotly contested shareholder dispute involving corporate ownership issues, intellectual property ownership issues, multiple business tort claims and counterclaims, court appointed independent auditor, and special litigation committee;

     

    • Pursued and obtained a settlement involving confession of judgment arising out of fraud and civil theft in connection with his client's bulk purchase of hemp. Citing patterns of similar wrongful activity by the defendants, asserted a claim for relief under the Colorado Organized Crime Control Act ("COCCA");

     

    • Successfully achieved dismissal of claims for piercing the corporate veil based on failure to state a claim.

  • REPRESENTATIVE INTELLECTUAL PROPERTY LITIGATION MATTERS

     

    • Successfully settled of trademark infringement claim against a local company by a large company which had filed suit in federal court after moving for summary judgment to dismiss the plaintiff’s claims, citing the multi-factor test for trademark infringement articulated in Water Pik, Inc. v. Med-Systems, Inc., 726 F.3d 1136 (2013);

     

    • Participated in the successful representation of individual homebuyers accused of infringing copyrighted architectural works, including the successful dismissal of the case on summary judgment in the U.S. District Court for the District of Colorado and the affirmation of the dismissal by the U.S. Court of Appeals for the Tenth Circuit in Savant Homes, Inc. v. Collins, 809 F.3d 1133 (10th Cir. 2016), and an award of attorney's fees under the U.S. Copyright Act;

     

    • Successfully represented plaintiff investor in the U.S. District Court for the District of Colorado for breach of contract and securities fraud in connection with an online auction of purported royalty rights in a record catalog;

     

    • Obtained injunctive relief on behalf of a copyright owner for infringement of language used in bidding templates;

     

    • Achieved successful resolution of trademark infringement claim brought in federal court in the Southern District of New York by an internet site against a competing internet site which offered similar services;

     

    • Obtained dismissal of copyright claim in federal court in the Central District of California on the grounds of failure to demonstrate ownership interest in the allegedly copyrighted work, and then successfully obtained judgment for a counterclaim for trademark infringement against the plaintiff.

  • PUBLICATIONS

    The 2015 Amendments to the Federal Rules of Civil Procedure, 45 The Colorado Lawyer 23, February, 2016

    https://www.linkedin.com/pulse/2015-amendments-federal-rules-civil-procedure-bill-groh/

     

    Contribution and Indemnification Among Multiple Infringers, The Colorado Lawyer, May 2015, Westlaw Citation 44-MAY Colo. Law. 49, May, 2015

    https://www.linkedin.com/pulse/contribution-indemnification-among-multiple-infringers-bill-groh/

     

    The Changes to Colorado and Federal Civil Rule 45, The Colorado Lawyer, December 2013, Westlaw Citation: 42-DEC Colo. Law. 57, December, 2013

    https://www.linkedin.com/pulse/changes-colorado-federal-civil-rule-45-bill-groh/

     

    Confessions of Judgment – Useful, But Fragile, American Institute of Architects Northern Virginia Newsletter, January/February 2010, P. 5. http://www.aianova.org/pdf/newsletters/Jan_Feb_2010.pdf

     

    Electronic Documents: What You Don’t Know Can Hurt You, co-author, Mason Contractors Association of America, September 2010. http://www.masoncontractors.org/2010/09/16/electronic-documents-what-you-dont-know-can-hurt-you/

    https://www.linkedin.com/pulse/2015-amendments-federal-rules-civil-procedure-bill-groh/

     

    Contribution and Indemnification Among Multiple Infringers, The Colorado Lawyer, May 2015, Westlaw Citation 44-MAY Colo. Law. 49, May, 2015

    https://www.linkedin.com/pulse/contribution-indemnification-among-multiple-infringers-bill-groh/

     

    The Changes to Colorado and Federal Civil Rule 45, The Colorado Lawyer, December 2013, Westlaw Citation: 42-DEC Colo. Law. 57, December, 2013

    https://www.linkedin.com/pulse/changes-colorado-federal-civil-rule-45-bill-groh/

     

    Confessions of Judgment – Useful, But Fragile, American Institute of Architects Northern Virginia Newsletter, January/February 2010, P. 5.

    http://www.aianova.org/pdf/newsletters/Jan_Feb_2010.pdf

     

    Electronic Documents: What You Don’t Know Can Hurt You, co-author, Mason Contractors Association of America, September 2010.

    http://www.masoncontractors.org/2010/09/16/electronic-documents-what-you-dont-know-can-hurt-you/

    PRESENTATIONS

    • Noncompete, Nondisclosure or Misdemeanor? - Association of Corporate Counsel, 2022

    • The Art of Persuasion- Colorado Intellectual Property American Inn of Court, 2018

    • Using Excel and Windows Hyperlinks for Document Review- TechTuesdays Webinars, Colorado Bar Association, 2016

    • Total Mail Converter Pro- TechTuesdays Webinars, Colorado Bar Association, 2015

    • What Did I Miss? A Trial and Error Guide to the Changes to Colorado and Federal Civil Rule 45- Adams/Broomfield Bar Associations, 2014

    • Selected to Super Lawyers – Rising Stars 2015, 2016, 2017, 2018, 2019, and 2020.

    • Faculty of Federal Advocates, Colorado Bar Association

  • LANGUAGES

    • Spanish – Conversational

    • Italian – Limited Working Proficiency

Biography

Partner

Michael P. Barry