Brooke Yates

Member

Denver, Colorado

Phone: 303.299.8360

Fax: 303.298.0940

byates@shermanhoward.com

Education

  • Juris Doctor, University of Denver Sturm College of Law, 2006
  • Bachelor of Science in Business Administration, University of Denver, 2003

 

Brooke Yates is a member in Sherman & Howard’s Litigation practice group. Brooke represents businesses in the areas of multiparty commercial litigation, insurance recovery, construction, and data security throughout the United States and internationally. She also represents policyholders in disputes with their insurers in nearly all aspects of insurance coverage, including issues relating to general liability, directors and officers liability, builders’ risk, subguard, employer’s liability, crime, professional liability, errors and omissions, and cyber risk insurance programs, among others. Brooke regularly writes and speaks on insurance coverage, data security, and risk management issues impacting businesses and individuals.

Experience

  • Achieved successful resolution of construction defect claim involving public buildings and recovered $14.8 million insurance recovery for a general contractor in connection with dispute.
  • Successfully negotiated $3 million insurance coverage recovery on behalf of insured in coverage case under a Commercial General Liability Policy.
  • On behalf of a bank, recovered $1 million in insurance coverage in connection with Ponzi scheme litigations.
  • Obtained substantial defense and indemnity benefits from insurance company on behalf of international consulting service firm under Commercial General Liability Policy arising from international litigation.
  • Obtained bad-faith jury verdict, entailing double damages and attorneys’ fees, against general liability carrier for its unreasonable delay and denial of coverage for damages arising out of a construction accident, resulting in recovery of over $2.5 million insurance recovery.
  • Prevailed at the Court of Appeals concerning recovery damages under the insurance bad-faith statute.
  • On behalf of numerous contractor clients, successfully negotiated millions of dollars in insurance recovery in connection with construction defect claim.
  • On behalf of subcontractor, obtained jury verdict against lower-tier subcontractor in payment dispute.
  • In commercial tort matter, successfully dissolved temporary restraining order and defeated preliminary injunction motion.
  • Obtained full arbitration award on behalf of national trust company in contract dispute.
  • On behalf of contractor, successfully negotiated settlements with multiple parties in multimillion-dollar payment dispute involving high-end condominium project.
  • Successfully obtained prejudgment writ of attachment and negotiated successful resolution of employee embezzlement claim.
  • Successfully obtained temporary restraining order and stipulated preliminary injunction in complex, multimillion-dollar, multiparty business dispute.
  • Prevailed in seven-day bench trial concerning payment dispute between contractor and owner.
  • Advised clients on data security and privacy breaches arising from employee theft.
  • Represented clients in connection with complex, multiparty commercial litigation, which regularly involve breach of contract, breach of fiduciary duty, and fraud claims.

Publications & Presentations

PUBLICATIONS

  • COVID-19 and Construction Insurance
    Webinar, WPL Publishing and Construction Claims Advisory | May 27, 2020
  • 10 Tips to Preserve Insurance Coverage for COVID-19 Claims
    Sherman & Howard COVID Resources | April 4, 2020
  • Colorado Supreme Court Reaffirms Protection for Insurance Policyholders Under Colorado Law
    Sherman & Howard Advisories | 2018
  • Statutes Defining Faulty Workmanship As An “Occurrence” – Out of the Frying Pan And Into The Fire?
    ABA 21st Annual Insurance Coverage Committee Mid-year Program | 2013
  • Cyber Risk Insurance – Navigating The Application Process
    Sherman & Howard Advisories | June 2013
  • Know Your Rights – 10 Actions To Ensure Your Wildfire Insurance Claim Is Timely and Fairly Adjusted
    Sherman & Howard Advisories | June 2013
  • Colorado Construction Legislation Update
    Sherman & Howard Advisories | May 2013
  • Stresscon V. Travelers A Victory For Policy Holders
    Sherman & Howard Advisories | May 2013
  • Cyber Risks: Creating A Comprehensive Cyber Insurance Program
    Sherman & Howard Advisories | March 2013
  • Top 10 Ways to Manage Cyber Risk, The Rise of the Internet Has Its Downside
    Colorado Biz Magazine | March 2013
  • Update On Coverage For Colorado Construction Defects – TCD & Colorado Pool
    Sherman & Howard Advisories | February 2013
  • Top Ten Ways To Manage Cyber Risk
    JDSupra Business Advisor | January 2013
  • Cyber Risks: Are You Protected?
    Sherman & Howard Advisories | December 2013

 

PRESENTATIONS

  • Q&A: What You Need to Know About D&O Insurance Coverage
    Sherman & Howard Advisory | May 11, 2020
  • Modular Construction: Innovations, Opportunities, and Obstacles with Prefabricated Construction
    Sherman & Howard Construction Seminar | March 2019
  • “Money Talks” – Insurance Issues for Trial Lawyers
    Colorado Trial Lawyers Association, Denver, CO | June 13, 2018
  • Top Strategies to Protect Your Assets Using Insurance Coverage
    Women Presidents’ Organization Denver, CO | February 21, 2018
  • Insurance Update for Construction Professionals
    Sherman & Howard Construction Seminar | February 2018
  • Insurance Update for Construction Professionals
    Sherman & Howard Construction Seminar | October 2017
  • Using Insurance as an Asset to Resolve Construction Claims
    Lockton Law Day | August 2017
  • Insurance Issues for Engineering Companies, and Top Ten Statutes Impacting Colorado Engineers
    American Council of Engineering Companies of Colorado | September 2015
  • Data Security and e-Discovery Seminar
    Colorado Trial Lawyers Association | 2014
  • Stay Ahead of the Curve: Protect Your Company From Cyber Risk
    CoBiz Insurance | October 2013
  • Data Security for Modern Businesses
    Co-Sponsored By Denver Business Journal and Sherman & Howard | August 2013
  • The Ins And Outs Of Construction Defect Coverage And Liability Claims
    ABA 21st Annual Insurance Coverage Committee Mid-Year Program-Phoenix | 2013
  • Risks to the Confidentiality And Integrity of Your Cyber Data
    Financial Executives International | November 2012

Professional Activities

  • Denver Bar Association
  • Colorado Bar Association
  • American Bar Association

Highlights

  • Best Lawyers in America, Insurance Law (2018-2020)