Nick DeWeese
Nick DeWeese

Member

Phone: 303.299.8220

Fax: 303.298.0940

ndeweese@shermanhoward.com

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Legal Secretary

Donna Fouts
303.299.8154

Areas of Emphasis

Litigation, Trials & Appeals

Environmental

Oil & Gas, Energy & Natural Resources

Corporate Governance & Investigations

Intellectual Property

Education

  • Juris Doctor, University of Denver Sturm College of Law, 2011
    • Senior Editor, Denver University Law Review
  • Bachelor of Science in Political Science, summa cum laude, University of San Diego, 2005
  • Oxford University, St. Benet’s Hall – Oxford, England, 2004

Nick DeWeese is a Member of Sherman & Howard’s Litigation and Trial Groups. He works hard to understand clients’ business needs to help them resolve disputes and proactively avoid risks.

Nick’s practice is focused on complex litigation.  He maintains a diverse litigation practice, representing clients in large commercial disputes and in complex contractual, tort, property, financial, healthcare, and other matters.  Recently, Nick has handled a range of intellectual-property disputes, including Lanham Act and trademark- and patent-infringement claims, for pharmaceutical, medical-products, and other national companies.

Nick frequently litigates in the environmental and natural-resources spaces, including working closely with energy, oil and gas, mining, and other clients to resolve disputes.  He also advises clients on environmental regulations and compliance.  He has experience handling a wide range of environmental matters, including CERCLA, EPCRA, water, stormwater, air, permitting, real-estate and land, mining, oil and gas, wildlife, and toxic-tort matters.  He represents clients in federal and state courts on matters both in Colorado and throughout the country, before state and local administrative and regulatory agencies, and through alternative dispute-resolution forums including arbitration and mediation.   Nick also has experience advising clients on environmental liability in corporate transactions, drafting environmental provisions in purchase and sale agreements, and overseeing environmental due diligence.

Nick is proud to have litigated immigration, education, child care, and civil- and religious-rights disputes on a pro bono basis throughout his career.

 

Representative Matters

Trials, Arbitrations, and Internal Investigations

  • Trial counsel in multi-week trial in California state court involving $3M tort and contract claims, resulting in favorable jury verdict.
  • Trial counsel representing airline consortia in $10M AAA construction arbitration over contractor performance and termination at California airport, resulting in successful settlement.
  • Trial counsel in California litigation involving commercial trucking accident resulting in $2M contract and tort claims asserted against insurer.
  • Representing national franchisor in multi-million dollar trademark-infringement action in federal court.
  • Defending national medical-device manufacturer in multiple million-dollar patent-infringement actions in federal courts in California, Texas, and New York.
  • Successfully represented national health insurance provider in $5M federal class-action ERISA case.
  • Drove successful settlement of $3M employment-discrimination claims asserted against Colorado financial and investment firm.
  • Obtained dismissal of claims and successful settlement of dispute brought against investors in franchise start up.
  • Successfully dismissed $3M False Claims Act qui tam action filed against Colorado State University alleging accounting and financial improprieties.
  • Representing nationwide property investor in lawsuit involving property dispute in Colorado state court.
  • Mediated successful resolution of franchise, royalty, and contract disputes for Denver restaurant company related to its operations at Denver International Airport.
  • Represented companies in defending against federal investigations, providing legal and risk analyses, managing discovery, and producing documents in response to government subpoenas.
  • Negotiated favorable settlements for physicians following investigations into their claims-submission practices with government health care programs.
  • Obtained favorable settlement of $3M investigation and claims brought by Colorado’s Attorney General’s office alleging consumer-protection violations against national for-profit university.

Environmental and Natural Resources

  • Representing nation’s largest aerospace defense contractor against CERCLA cost-recovery claims brought by the US Department of Justice for releases of chlorinated solvents and metals.
  • Advised international gold-mining company regarding defense of criminal indictments following chemical releases at mine sites, and regarding arbitration and expropriations risks related to proposed investments in South America.
  • Represented clients in contamination and toxic-tort cases involving ground and surface water contamination, emissions, personal injuries, and property damage.
  • Represented Colorado oil-and-gas exploration and extraction company in $3M tort and contract actions, defeating putative class-action and toxic-tort claims.
  • Advising national imaging and IT-solutions corporation on environmental health and safety compliance issues, including EPCRA and CAA reporting obligations.
  • Defended national wind-energy company against indictment for violations of the Migratory Bird Treaty Act case, obtaining settlement and minimal penalty.
  • Represented midstream petroleum company in $1M contract action involving pipeline royalty conflict, resulting in successful settlement.
  • Defended national mining company against various citizen suits alleging violations of the CWA, CAA, and RCRA at coal-fired power plant.
  • Defended national corporation against CWA citizen suits alleging violations of NPDES permits.
  • Defended Colorado construction firm in compliance dispute with CDPHE following alleged violations of stormwater permit.
  • Advised clients on regulations and compliance with CERCLA, CAA, and other environmental laws.
  • Support clients on environmental due diligence in purchase and sales agreements and other corporate transactions.
  • Pro-bono counsel to environmental non-profit successfully resolving commercial disputes with contractors and vendors.
Professional Activities
  • Admitted in Colorado, 2011
  • Admitted to practice in Colorado State Court, the U.S. District Court for the District of Colorado, and the Tenth Circuit Court of Appeals
  • Member, Denver, Colorado, and American Bar Associations
  • Member, Board of Directors, Rocky Mountain Children’s Law Center, 2014-2018
  • Member, Environmental Law Section of the Colorado Bar Association
  • Colorado Resource Council for the Metro Denver Economic Development Corporation
  • Colorado Environmental Management Society
  • Rocky Mountain Mineral Law Foundation
  • Colorado Space Coalition Committee for the Metro Denver Economic Development Corporation
  • Volunteer, Eagle Scout, Boy Scouts of America