David G. Palmer

Experience: Significant Representations; Appointed by District Court and parties to act as Special Litigation Counsel and Independent Committee of the Board of Directors to determine whether shareholder derivative action should be pursued upon exercise of business judgment on behalf of Selection as Independent Counsel and of recommendations to the District Court affirmed in Hirsch v. Jones Intercable, Inc ., 984 P.2d 629 (Colo. 1999).; Appointed by parties to act as Special Litigation Counsel and Independent Committee of the Board of Directors to determine whether shareholder derivative action should or should not be pursued upon exercise of business judgment on behalf of Selection as Special Counsel and of report process to be utilized confirmed by Colorado Supreme Court in Curtis v. Nevins, 31 P.3d 146, 2001 WL 1028739 (Colo. Sept. 10, 2001).; Counsel for Bear Stearns, Inc. in successful defense of multi-week NASD arbitration relating to substantial investments in mortgage- backed interest only strips by the Colorado Springs school district, resulting in dismissal of all claims.; Counsel for Kidder Peabody in defense of several consolidated Denver District Court state class actions, bankruptcy trustee's action, and three federal lawsuits, including related state and federal enforcement proceedings, relating to financial collapse of Denver- based investment advisor involving direct investment losses of $200 million by 1,400 investors in the trading of options.; Successfully obtained summary judgment dismissing multimillion- dollar claims of Hedged Bankruptcy Trustee in Denver District; Representation of outside directors in consolidated federal court class action and related SEC investigation.; Representation of five former directors or officers in consolidated class action proceedings and related SEC investigation, resulting in dismissal of all claims against these defendants prior to trial and without payment of any damage by them.; Defense of state and federal lawsuits relating to real estate limited partnership offering underwritten by CIGNA, dismissed on summary judgment and presently on appeal in the state case, and fully dismissed following appeal of the federal case.; Defense of class claims against issuer and inside directors/officers.; Defense of class claims and SEC investigation on behalf of issuer and inside directors/officers.; Represented plaintiff in successful jury trial for violation of 4 of Commodity Futures Trading Act, including award of substantial actual and punitive damages, affirmed following appeal to the Ninth Circuit.; Representation of bank directors in proceedings resulting in dismissal of all claims and without payment of any damage against defendants. MHC Mutual Conversion Fund, L.P., et al. v. Sandler O'Neill & Partners, L.P., et al ., 761 F.3d 1109 (10th Cir. 2014).; Other Representations; Successfully defended federal grand jury investigation of alleged defense contracting fraud, and secured summary judgment dismissing later civil whistle-blower litigation. Anderson ex rel United States v. Northern Telecom, 52 F.3d 810 (9th Cir. 1995).; Obtained jury verdicts dismissing civil fraud and state consumer protection act treble damage claims in two jury trials brought by local grocery chain against national grocery wholesaler. Todd Holding Co., Inc. v. SuperValue Stores, Inc ., 874 P.2d 402 (Colo. 1993).; Obtained $28 million jury verdict for plaintiff in breach of warranty and contract claims against manufacturer of world's largest surface mining dragline, settled following successful appeal Curragh Queensland Mng Ltd., v. Dresser Industries, Inc ., et al., 55 P.3d 235 (Colo. App. 2002).; Representation of five former directors and officers of MiniScribe Corporation in consolidated class action proceedings and related SEC investigation, resulting in dismissal of all claims against these defendants prior to trial and without payment of any damages by them.