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David-Ball-Denver-Attorney
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  • Work with clients who are forming a company to help select an appropriate entity for their business needs and then create that entity for their use and protection.

  • Regularly counsel and advise business leaders and owners in the day to day issues that arise when running a business, including contract questions, employment questions, competition and liability.

  • Work with businesses to develop appropriate exit strategies and ultimately sell their business.

  • Help businesses grow through the purchase of business assets, strategic contractual relations, hiring strong employees or purchasing a new business.

  • 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.
  • Education and Bar Admissions
    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)
  • 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
  • Recognition
    Selected to Super Lawyers – Rising Stars 2015, 2016, 2017, 2018, 2019, and 2020.
  • Organizations
    Faculty of Federal Advocates, Colorado Bar Association
  • Languages
    Spanish – Conversational Italian – Limited Working Proficiency

David Ball brings more than fifteen years of business law and complex litigation experience to bear for you. David is a consummate problem solver and seasoned litigator adept at finding practical, meaningful solutions for both individuals and companies. As a business lawyer, David focuses on client relationships, endeavoring to plan for client issues before the issues become legal problems.

As a trial attorney, he skillfully and tenaciously protects his clients’ rights and interests, but can also defuse a dispute before it spirals out of control. David is best known by his colleagues and clients as a confident, competent person who always has your best interests in mind.

Over his career, David has represented a broad range of clients in numerous industries assisting them on a wide array of transactional matters, deals, and litigation. He represents and advises clients in employment, contract, fiduciary, trade secret and business tort disputes before state and federal courts and arbitration tribunals. He has defended and secured injunctive relief in disputes involving, among other things, trade secrets, unfair competition, and breach of contract.

When in his clients’ best interests, Mr. Ball has resolved dozens of cases, on favorable terms, through negotiation, both prior to and during litigation. Mr. Ball frequently counsels and advises individuals and companies regarding problem solving, achieving objectives, litigation avoidance, dispute resolution, litigation and trial. Finally, Mr. Ball is a trained mediator.

David is a great husband to his wife, and a proud father to his three fabulous children. David enjoys fly fishing, skiing, hiking, music, good food and a great belly laugh with friends.

  • 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.
  • Education and Bar Admissions
    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)
  • 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
  • Recognition
    Selected to Super Lawyers – Rising Stars 2015, 2016, 2017, 2018, 2019, and 2020.
  • Organizations
    Faculty of Federal Advocates, Colorado Bar Association
  • Languages
    Spanish – Conversational Italian – Limited Working Proficiency
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