Brian Moore

Experience

Mr. Moore’s practice has focused on commercial litigation and employment-related matters since his admission to the Colorado bar in 1997. His litigation experience is notable for its breadth; examples include successful representation of clients in disputes arising out of commercial real estate transactions, catastrophic torts (including cases with seven- and eight-figure economic losses), interference with contract, and partnership disputes.

Mr. Moore’s employment practice includes representing individuals and employers ranging from start-up firms concerned with issues of basic compliance to Fortune 500 companies facing significant litigation threats. As general outside employment counsel he has frequently drafted handbooks and policies, executive contracts, and a variety of other employment-related agreements, advised on all manner of personnel decisions, and generally assisted clients with minimizing the risk of costly litigation and administrative proceedings. Unusual among employment attorneys, Mr. Moore regularly represents employees as well as employers. This has most often included plaintiffs with breach of contract, sexual harassment, and retaliation claims, as well as defending employees against claims for violation of covenants not to compete. In addition, he has frequently advised both employees and employers regarding the enforcement and drafting of executive employment agreements and restrictive covenants, and has worked frequently with physicians in negotiating employment, shareholder, and separation agreements.

Representative Cases

- Obtained summary judgment in favor of Fortune 100 employer on all claims in wrongful termination suit, and upheld that judgment on appeal to the Tenth Circuit. Antonio v. The SYGMA Network, Inc., 458 F.3d 1177 (10th Cir. 2006).

- Secured over $2 million in relief for real estate developer in suit against its former attorney.

- Obtained dismissal of RICO action brought against founding member/manager of two companies formed to redevelop real properties, together with a substantial judgment for attorney fees against the plaintiffs’ attorney.

- During bench trial on breach of contract claim, secured mid-six figure judgment reimbursing seller of $70 million development property for funds expended on development while the property was under contract.

- Succeeded in setting aside through arbitration a settlement agreement which had been reached in a mediation, based on findings that the agreement had been induced through fraudulent nondisclosure.

- Secured $498,000 settlement for three employees terminated in retaliation for an internal allegation of sexual harassment.

- In action for corporate waste and fraud, obtained substantial recovery and rescission of a contract by which local entrepreneurs merged their company into a national entity in exchange for a minority ownership interests in the national entity.

- Represented landlord in suit arising out of one of the largest fires in Colorado history, in terms of economic loss. Obtained dismissal of landlord, without liability or settlement.

Professional Activities

Chair, Civil Rights Committee of the Colorado Bar Association, 2010-2012.

Continuing Legal Education Presentations, Publications, and Acknowledgments:

- Continuing legal education presenter on a variety of subjects related to employment law at seminars sponsored by the Colorado Bar Association, Colorado Trial Lawyers Association, and Colorado Plaintiffs’ Employment Lawyers Association.

- Co-authored article in The Colorado Lawyer on the tort of wrongful discharge in violation of public policy.

- Named a Rising Star in the 2009, 2010, and 2011 editions of Colorado Super Lawyers.

Licensed in Colorado, the United States District Court for the District of Colorado, and the United States Tenth Circuit Court of Appeals.