Charles “Chuck” Newcom

Member

Denver, Colorado

Phone: 303.299.8246

Fax: 303.298.0940

cnewcom@shermanhoward.com

Education

  • Juris Doctor, cum laude, Harvard Law School, 1974
  • Bachelor of Arts, magna cum laude, Kansas State University, 1970

Chuck has 40-plus years of experience counseling employers in a wide range of industries.

Repeatedly recognized as a leader in the field and ranked by Best Lawyers in America since 1989, Charles “Chuck” Newcom advises employers regarding the full range of discrimination, discipline, and discharge issues, downsizing, pay and benefits, and personnel practices and procedures. Furthermore, he has an impressive record of success representing employers and their management in federal and state courts, before juries and judges.

Chuck also advises on safety and health concerns and on Occupational Safety and Health Administration (OSHA) and Mine Safety and Health Administration (MSHA) compliance. He has extensive experience representing mining companies and individual managers in disputes before the Federal Mine Safety & Health Review Commission and MSHA, and in defending clients in litigation arising from citations, accidents, and whistleblower allegations.

Experience

  • Received defense jury verdict for an insurance company against a senior executive’s claim of wrongful termination for whistleblowing by convincing the jury the employee was fired for his sexually harassing oral comments.
  • Achieved a defense jury verdict for a large mining/energy company in a discrimination/retaliation case brought by a mid-level manager claiming he was mistreated because of his spouse’s claims of discrimination.
  • Achieved a defense jury verdict for a high-tech company in a case brought by an hourly employee who claimed wrongful termination relating to her attendance issues.
  • Tried to a defense jury verdict a case brought by hourly employee alleging that our client, an aerospace company, engaged in race discrimination.
  • Achieved a defense jury verdict for a public utility in a case brought by a female management employee asserting claims of sex discrimination and retaliation for previous complaints.

 

REPORTED CASES

  • Turnwall v. Trust Company of America, 146 Fed. Appx. 983 (10th Cir. 2005) (affirming summary judgment against employee claiming disability discrimination, retaliation, and common law wrongful discharge).
  • Adams, et al. v. Cyprus-Amax Minerals Co., 149 F. 3d 1156 (10th Cir. 1999) (no right to jury trial under Employee Retirement Income Security Act [ERISA]), reversing, 954 F. Supp. 1470 (D. Colo. 1997).
  • Thunder Basin Coal Co. v. Reich, 510 U.S. 200 (1994) and Kerr-McGee Coal Corp. v. Federal Mine Safety & Health Review Commission, 40 F. 3d 1257 (D.C. Cir. 1994) (walkaround litigation).

Publications & Presentations

PUBLICATIONS

 

PRESENTATIONS

  • MSHA Update
    Annual OSHA Seminar | Dec. 2015; Sept. 2016; Dec. 2017

Professional Activities

  • American Bar Association
    • Labor & Employment Law Section
    • Occupational Safety & Health Law Committee
  • Author, Mine Safety & Health chapter of first edition of Occupational Safety & Health Law Committee’s treatise, Occupational Safety & Health Law
  • Former Board of Directors, Legal Aid Foundation of Colorado

Highlights

  • Chambers USA, Band 3, Employment Law, Colorado (2007-2018)
  • Super Lawyers (2006-2013, 2017-2020)
  • 5280 Magazine, “Top Lawyer,” Labor and Employment: Defense (2015-2016, 2019)
  • Best Lawyers in America, Employment Law – Management (2011-2020); Litigation – Labor and Employment (2011-2020)
  • Denver Employment Alliance Practitioners Conference, Award of Merit for work with Curtis Park Community Center (2001)
  • Denver Bar Association Young Lawyers Section, “Outstanding Young Lawyer” (1983)
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