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When faced with a dispute that is headed toward litigation, business owners need to understand not only the substantive matters at issue, but the process—whether it is traditional litigation or alternative dispute resolution. Otten Johnson lawyers are adept at managing not only the substantive issues, but also the process, finding cost effective ways to resolve disputes and handle trials.

Our Approach:  Understanding the Issues, Mastering the Process

Otten Johnson focuses primarily on business and real estate litigation, and the backgrounds of our lawyers in this area help bring a level of expertise on the substantive issues. Our senior litigators have business backgrounds—either as accountants or transactional lawyers. That experience brings a business acumen that adds substantial efficiency, creativity and effectiveness to our advocacy on the substantive issues.

Beyond the substantive issues, our litigation team is well versed in the mediation, arbitration and litigation processes. They effectively use motion practice to help dispose of disputes quickly when appropriate. They also understand when certain alternatives, like a change in venue, are vital to the chances for success. They enjoy going to court when appropriate, and have substantial experience before both judges and juries.

Although the wisest course of action in many business disputes is amicable resolution short of trial, Otten Johnson believes the most effective way to resolve disputes is to approach every case with the primary goal of winning at trial. In pretrial preparation, we direct our focus on motions and discovery that will advance a successful trial outcome and forgo other tactics that do not advance that cause. As a result, we are able to staff our cases efficiently, generally no more than two lawyers and a legal assistant. This efficiency not only reduces the cost of litigation, but it also ensures that those lawyers who will champion your case in the courtroom will have lived it since the day it began.

Our track record with this approach speaks for itself. In the courtroom, we have secured both complete defense verdicts as well as multimillion dollar judgments in large business disputes in the Rocky Mountain region. Examples of our more notable successes include a complete defense verdict involving the design of the Denver International Airport, a $6M verdict relating to a Colorado mountain resort dispute, and over $100M in condemnation awards on behalf of property owners across Colorado.

Although not as public, we are equally proud of our success in negotiating innovative out-of-court settlements for our clients, which often involve the restructuring of already complex business transactions. Our creative approach to settlement has yielded our clients huge economic benefits through settlement proceeds, cost savings, tax benefits and other economic incentives.

Our Litigation practice group represents clients in many contexts, including:

  • bankruptcy and creditors’ rights
  • business ownership and sale
  • construction
  • copyright/trademark/unfair competition
  • employment
  • financing
  • insurance coverage
  • land use
  • lender liability
  • metropolitan districts and other special districts
  • professional malpractice
  • real estate
  • securities

When you find yourself in the midst of a difficult dispute, you need advocates who have the background and expertise to quickly grasp the issues and understand your business objectives. Otten Johnson’s litigation practice group has that expertise and will it bring it to bear on your behalf when the need arises.

Primary Contact

Hutchinson, David P. photo

David P. Hutchinson

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Industry Highlight

Local Government and Special Districts

Otten Johnson has long represented private landowners, developers, lenders and investors in negotiation and coordination with a myriad of special districts and local governments throughout Colorado.

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