EXPERIENCE
Dave is a trial lawyer whose practice focuses on litigation and labor and employment law, as well as extensive experience in commercial litigation. He has tried in excess of 100 cases including 30 jury trials and numerous court trials and arbitrations on behalf of Fortune 500 companies, small and medium-sized businesses and individuals. He also serves as an arbitrator and mediator.
Dave specializes in defending claims of race, gender, age, religious, disability and sexual orientation discrimination, workplace harassment, wrongful discharge and breach of contract before state and federal trial and appellate courts. He also counsels employers concerning performance management, investigations, discipline, reductions in force, and other aspects of the employment relationship.
He has represented litigants in matters relating to trade secrets, the misappropriation of confidential business information, unfair competition, and the enforcement of non-competition and non-solicitation agreements and other legal rights relating to unfair business practices. He has handled a wide range of commercial litigation matters, including breach of contract cases, merger/acquisition disputes, fraud, and product liability actions.
Based on the assessment of his peers, Dave is listed in Best Lawyers in America, America’s Leading Lawyers by Chambers USA and Colorado Super Lawyers. He has been quoted in the Denver Post, on MSNBC, and elsewhere regarding employment and litigation issues.
SIGNIFICANT CASES
- Representation of Fortune 50 company in federal court action by two former employees claiming race discrimination. The defense verdict was upheld on appeal and certiorari was denied by the U.S. Supreme Court.
- Representation of Fortune 50 company in state court action brought by former employee alleging claims of sexual orientation bias and invasion of privacy. Complete defense verdict.
- Retained by one of two defendants following $3 million jury verdict against property manager and owner of a large retail mall on claims of race discrimination in the handling of a tenant lease. The Appellate court ordered a remittitur to $75,000. 295 F.3d 1065 (10th Cir. 2002).
- Representation of prominent physician and his wife against claims of sex harassment and retaliatory discharge filed by multiple employees in three separate forums. All claims were resolved by dismissal in 13 months: one following trial at the state civil rights commission, one by summary judgment in federal court, and the third by voluntary dismissal in state court.
- Representation of Fortune 50 company in federal court trial of age and race discrimination claims asserted by existing employee. Complete defense verdict.
- Representation of large religious seminary charged with negligent supervision of a divinity student who was convicted of molesting more than 30 children, while serving internships as a youth pastor in local churches.
- Representation of the seminary in two negligent supervision cases based on sexual misconduct of a counseling professor involving students.
- Representation of Fortune 50 company and a subsidiary and affiliate against claims of breach of employment contract, fraud, conspiracy and tortuous interference brought by former project director of a large New Jersey office park. Case arose out of parent’s abrupt exit from its $3 billion commercial real estate business. Complete defense verdict, upheld appeal.
- Representation of Fortune 10 company and its executive in automobile accident case in which executive lost control of his car during a rainstorm, crossed two lanes of traffic and the median on the interstate highway, and collided head-on with a truck. Plaintiff truck passenger sustained severe head and facial injuries. Complete defense verdict.
- Representation of international staffing company in two and one-half week arbitration of sex harassment and numerous related claims. Alleged harasser pled guilty to sex crime and complaining parties sought in excess of $1 million in compensatory and exemplary damages. Arbitrator found no liability.
- Representation of large meat processor in breach of contract action against joint venture partner. Following lengthy federal bench trial, client awarded 100% of its damages.
- Representation of CEO in New York arbitration against former employer. Arbitrator found that termination was without cause and awarded client 100% of his damages. Although client had no statutory or contractual right to attorneys’ fees, the award included actual fees.
BAR & COURT ADMISSIONS
Colorado
Wisconsin (inactive)
United States District Court for the District of Colorado
United States District Court for the District of Idaho
United States District Court for the District of Kansas
United States District Court for the District of Montana
United States District Court for the District of New Mexico
United States District Court for the Southern District of Ohio
United States District Court for the District of Utah
United States District Court for the Eastern District of Pennsylvania
United States District Court for the Eastern District of Wisconsin
United States District Court for the Western District of Wisconsin
United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Tenth Circuit
United States Supreme Court
AWARDS
Best Lawyers in America
America’s Leading Lawyers by Chambers USA
Colorado Super Lawyers by Law and Politics (including Corporate Counsel and Business Editions)
PROFESSIONAL ASSOCIATIONS
Colorado Bar Association (Labor and Employment Law Section: Co-Chair, 1998-2000) (Litigation Section-1992 Civil Litigator of the Year)
Denver Bar Association
Commercial Panel of Arbitrators, American Arbitration Association
Faculty of Federal Advocates
Fellow, Colorado Bar Foundation
SPEAKING ENGAGEMENTS
Mr. Stacy is a frequent speaker on trial tactics and employment law to industry and attorney groups.
PUBLICATIONS
Co-Editor of Volume 29,October 2000 special issue of The Colorado Lawyer, entirely devoted to Employment Law. Contributing Editor, Federal Employment Jury Instructions, James Publishing, Inc., 1999
Chapter Author, “Litigation of Employment Cases, The Practitioner’s Guide to Colorado Employment Law,” Continuing Education in Colorado, Inc., 1998, 2000, 2004, 2006
Edmonson: Dramatic Change in the Use of Peremptory Challenges,” Colorado Lawyer, 1991
EDUCATION
Northwestern University, B.A.
St. Louis University, J.D.