Steese, Evans and Frankel, P.C. Recent News & Victories

The Firm obtained summary judgment in favor of its client, a former accountant and senior director of financial reporting at Qwest Communications (now CenturyLink), on all claims in SEC v. Nacchio, et al. The SEC had alleged that the Firm's client participated in a $3 billion fraud, and had asserted Section 17(a), Section 10(b) and other claims predicated on purported disclosure, accounting, and internal controls violations. Prior to moving for summary judgment, Firm attorneys took the lead on numerous aspects of the defense case, including serving as lead examiners for the defense during nearly all of the 69 depositions. Firm attorneys also took the lead during the 702 hearing of an important defense witness.
The Firm has been retained by one of the largest for-profit higher education institutions to investigate its recruiting, admission, and financial aid practices at its college campuses across the country and its online university. The investigation was prompted by testimony from the Government Accountability Office before the United States Senate Committee on Health, Education, Labor and Pensions.
The Firm persuaded the U.S. Agency for International Development not to suspend or debar a major international construction company for matters under investigation by the agency's Inspector General and a U.S. Attorney's Office. The Firm helped the company develop a comprehensive ethics and government contracts compliance program and presented it to the agency, demonstrating that the company was a responsible contractor and making the case against suspension and debarment.
The Firm persuaded the Department of Justice to decline prosecution of the environmental plant manager of a large mining company for alleged violations of the Clean Water Act and the Resource Conservation and Recovery Act.
The Firm has been selected to represent Qwest Communications Corporation in a series of "traffic pumping" lawsuits before federal courts and regulatory bodies throughout the country. The Firm tried the first such case in the country, and successfully obtained a decision validating each of its positions. This landmark decision is expected to have ripple effects throughout the industry, and in helping to set national policy on intercarrier compensation.
The Firm is representing Public Service Company of Colorado in a multibillion dollar qui tam action that was filed against over 300 companies in the oil and gas industry. PSCo and the other defendants prevailed on summary judgment on public disclosure and original source grounds, and the decision was affirmed by the Tenth Circuit. The United States Supreme Court then denied the relator's petition for certiorari. PSCo is pursuing a Rule 11 motion against the relator.
The Firm persuaded the U.S. Army, under threat of litigation, to reverse its decision to set aside the procurement of advanced combat shirts for HUBZone small businesses. The Firm had been prepared to file protests for two different parties before the Government Accountability Office and the U.S. Court of Federal Claims and to litigate fast-track proceedings in both tribunals simultaneously.
The Firm successfully defended Kroenke Sports Enterprises LLC in an over $5 million breach of contract and fraud action. At the conclusion of discovery and on the eve of the filing of KSE's motion for summary judgment, in which KSE also was seeking recovery of its attorneys' fees and costs, the plaintiffs agreed to dismiss all claims against KSE with prejudice.
The Firm won a 2-week jury trial in the Northern District of Iowa on a matter involving tariff charges, and the applicability of those charges to the wireless traffic in dispute.
The Firm successfully defended a $12.9 million lawsuit by obtaining summary judgment on both breach of contract and negligence claims.
The Firm successfully defended the United States Olympic Committee in a lawsuit relating to renovation of the United States Olympic Training Center in Colorado Springs, development of new USOC headquarters space, and development of a new National Governing Bodies building. The suit was dismissed prior to discovery.
The Firm obtained a significant settlement for its client in a massive 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.
The Firm is representing an environmental laboratory and a plant environmental manager in ongoing federal grand jury investigations.
The Firm is representing a defense contractor alleged to have misappropriated trade secrets from a competitor. The Court found that 131 of the 135 items at issue were not trade secrets. The case is proceeding to discovery on the remaining four items.
The Firm successfully sought reconsideration of the Small Business Administration's denial of a Colorado construction company's application for admission into the Administration's 8(a) Business Development Program for small and disadvantaged businesses. The Firm demonstrated that the owner of the business had suffered significant discrimination and been denied business opportunities based on his physical disabilities.