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Denver Office:
6400 S. Fiddlers Green
Circle
Suite 1820
Denver, CO 80111
Tel: 720.200.0676
Fax: 720.200.0679
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Washington DC Office:
The Army and Navy Club Building 1627 I Street,
NW
Suite 850
Washington, DC 20006
Tel: 202.293.6840
Fax: 202.293.6842
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The principals of Steese ♦ Evans
♦ Frankel, P.C. have national reputations
as trial and appellate litigators. They
have represented clients in federal and
state courts across the country, in arbitrations
and mediations, before specialized federal
tribunals such as the Government Accountability
Office and the civilian and military Boards
of Contract Appeals, and before state
regulatory commissions. Their clients
routinely praise them as skilled oral
advocates, tough examiners, good writers,
and excellent strategists who always stay
focused on their clients' budgets and
business goals.
The Firm has litigated cases ranging from
complex matters involving hundreds of
millions of dollars to small commercial
matters and pro bono cases. The Firm's
unique business model allows it to handle
cases of all sizes efficiently. Despite
its small size, Steese ♦ Evans ♦
Frankel, P.C. regularly goes up against
the largest litigation firms in the country
and wins.
Steese ♦ Evans ♦ Frankel,
P.C. was a very early adopter of electronic
document and discovery management tools.
By leveraging technology and its established
relationships with vendors, the Firm can
easily - and cost-effectively - handle
cases involving millions of pages in documents,
and can litigate anywhere in the country.
Representative commercial matters handled
by the Firm's lawyers include the following:
- Defending AXA Space,
a large insurer, in an antitrust action
brought by EchoStar Communications
claiming hundreds of millions of dollars
in damages. Following various written
discovery and depositions, EchoStar
dismissed the case.
- Defending the United
States Olympic Committee in an action
brought by the developer with respect
to projects to renovate the Olympic
Training Center in Colorado Springs
and develop other buildings. The developer
agreed to dismiss the action against
the USOC with prejudice.
- Defending a Fortune
1000 company against a $12.9 million
lawsuit alleging breach of contract
and negligence. The Firm used the
plain language of the contract to
dismiss one claim, and to obtain summary
judgment on the other.
- Trying a five week
jury trial involving antitrust, patent
and trade secret claims on behalf
of Sun Microsystems, for allegations
relating to its enterprise class data
storage libraries. The case settled
on the eve of close arguments.
- Obtaining a significant
settlement for a landlord in a commercial
real estate lease dispute involving
tens of millions of dollars. In the
process, the Firm was able to pierce
a triple net lease through allegations
of sham transactions and alter ego
liability.
- Trying a two week
just trial on behalf of Qwest Corporation
against claims of breach of contract.
Qwest counterclaimed. The jury returned
a complete defense verdict and found
Qwest proved its counterclaims.
- Defending a Fortune
1000 company in parallel proceedings
involving multiple simultaneous claims
of breach of contract. The cases involved
over 40 separate contracts, interactions
between the contracts, and multiple
parties. The matter was settled for
a fraction of the cost demanded.
- Helping Qwest Communications
resolve a $10 million breach contract
case. To get the case resolved, the
Firm worked with experts to evaluate
millions of lines of call detail records
to establish that the allegations
put forward by the plaintiff were
erroneous. Once this fact was proven,
the case settled for nuisance value.
- The Firm successfully
defended a private university in an
arbitration brought by numerous former
students claiming that the school
had defrauded them into enrolling,
and had withheld material information
about the value of degrees awarded
by the university. The Firm obtained
summary judgment under the "bespeaks
caution" doctrine - a doctrine
used primarily to defend securities
fraud claims - by showing that the
university had disclosed all material
facts, and that no fraud had occurred
as a matter of law.
- Representing Kroenke
Sports Enterprises in a suit against
the Pepsi Center's architect, general
contractor, and construction suppliers
over construction defects. Following
discovery, the Firm negotiated a settlement
by which the exterior of the sports
arena was renovated and replaced,
and the defendants placed hundreds
of thousands of dollars in escrow
for any future repairs.
- Defending the Metropolitan
Football Stadium District in a lawsuit
challenging the sale of the naming
rights to the new football stadium
for the Denver Broncos. The court
awarded summary judgment in favor
of the MFSD.
- Representing several
brokerage houses in arbitrations with
investors claiming that brokers churned
their accounts or invested in unsuitable
securities. Numerous of these cases
were tried and won.
- Representing numerous
government contractors in bid protests
and contract claims in front of the
GAO, the U.S. Court of Federal Claims,
and the Armed Services and Civilian
Boards of Contract Appeals. See the
separate description of our Government
Contracts Counseling and Litigation
Practice.
- Representing various
intellectual property holders in infringement
claims or alleged violations of covenants
not to compete. See the separate description
of our Intellectual
Property Practice.
- Representing various
telecommunications providers in evidentiary
proceedings and enforcement hearings
before numerous state public utility
commissions. See the separate description
of our Telecommunications
Practice.
Steese ♦ Evans
♦ Frankel, P.C.'s lawyers are
also known for their appellate work
in state and federal courts across the
country. Examples of matters they have
handled over the course of their practices
include:
- Successfully challenging
the FCC's rules for subsidizing telephone
service to rural and high-cost customers
in the U.S. Court of Appeals for the
Tenth Circuit on behalf of Qwest Communications
and SBC (now AT&T). The decision overturned
the basis of a $300 million federal
program and was written up in the
American Lawyer as one of the
most significant litigation victories
of the year.
- Bringing a successful
challenge in the U.S. Court of Appeals
for the District of Columbia Circuit
to an FCC order changing the rights
of broadcast license holders and authorizing
unlicensed deployment of broadband-over-power-line
equipment.
- Persuading the D.C.
Circuit to overturn an order of the
Federal Energy Regulatory Commission
purporting to replace the board of
directors of an electric utility.
- Representing The
Washington Post in the Maryland
Court of Appeals in a suit seeking
access to former Maryland Governor
Parris Glendening's official appointment
calendars and telephone records. The
case was the first decision by a state
supreme court in the country recognizing
a public right of access to these
types of documents.
- Authoring the Supreme
Court brief successfully defending
the federal Family and Medical Leave
Act as a valid abrogation of the states'
Eleventh Amendment sovereign immunities.
- Appealing a trial
verdict against Qwest in a commercial
case to the Idaho Supreme Court. After
the Firm filed a brief showing the
decision below was extra-jurisdictional,
the case was resolved for a fraction
of the trial court's award.
For more information about
our litigation practice, please contact
any of the following:
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