Livingston is a trial attorney representing business clients in commercial and corporate litigation and employment disputes before state and federal courts.
EXPERIENCE
Livingston represents and advises investors, start-up companies, as well as Fortune 500 companies, in disputes concerning complex commercial transactions, contractual disputes, corporate governance, real estate, and employment matters. Livingston helps his clients efficiently and effectively manage a dispute from the negotiation stage through trial and judgment in a court of law.
Livingston has represented litigants in matters relating to unfair competition, trade secrets, misappropriation of confidential business information, and enforcement of non-competition and non-solicitation covenants. He has represented clients on a range of commercial litigation matters, including breach of contract cases, merger/acquisition disputes, shareholder/investor disputes, and corporate management disputes.
Concerning employment matters, Livingston advises companies concerning employee management and procedures, performance management, investigations, discipline, reductions in force, and other aspects of the employment relationship. Livingston has successfully represented clients concerning charges before the Equal Employment Opportunity Commission and Colorado Department of Labor & Employment.
Based on the assessment of his peers in the legal industry, Livingston has been recognized for the past two years as a Colorado SuperLawyers “Rising Star,” a recognition only conferred upon the top 2.5% of young lawyers in the state.
Livingston previously served as the judicial law clerk for the Honorable John Daniel Dailey of the Colorado Court of Appeals, and also served as a summer clerk to the Colorado Division of Administrative Hearings.
SIGNIFICANT CASES
- Represent regional oil and gas company in defense of trade secrets and unfair competition dispute asserted by competitor.
- Represented sales agent in dispute over unpaid commissions from natural gas company, and defense of counterclaims for unfair competition.
- Represented international engineering company in recovering the value of book of business taken by group of employees who left company to start a competitor business.
- Represented Fortune 500 national product distribution company in civil action against competitor who hired senior executive that possessed trade secrets and confidential information.
- Represented local paint distribution company defending manufacturer’s demand for payment for delivery of goods which were rejected by end-user customer. Won a defense verdict following two-day trial to the court.
- Represented investor and manager of manufacturing company in pursuing co-investor who had misappropriated the patents and technology, and surreptitiously assigned them to a third company. Co-chaired one week adversary action trial in United States Bankruptcy Court which voided co-investor’s transfer of technology.
- Represented group of investors of publicly-traded corporation to obtain judicially-ordered meeting of shareholders, in order to pursue company’s claims against managers for breach of fiduciary duty and fraudulent activity.
- Represented investor of real estate limited partnership seeking recovery of value of partnership interest.
- Represented co-owner of local retail business in corporate dissolution action and receivership.
- Represented fuel additive manufacturer in dispute concerning breach of Asset Purchase Agreement and breach of a non-competition agreement.
- Represent national distribution company concerning contractual dispute and exclusivity claims by local sub-distributor.
- Represent international franchising company concerning defense of claims across the nation arising from conduct of independently-owned franchisees.
- Represented Fortune 500 employer in resolution of federal workplace OSHA standards violation complaint.
- Counseled Fortune 500 international manufacturing company concerning reductions-in-force, and development of employment handbook and procedures for operations in 16 states.
PUBLISHED DECISIONS
P.F.P. Family Holdings, L.P. v. Stan Lee Media, Inc., 252 P.3d 1 (Colo. Ct. App. 2010)
BAR & COURT ADMISSIONS
Colorado
U.S. District Court for Colorado
AWARDS
Colorado SuperLawyers “Rising Star,” 2010 & 2011
Finalist, “Up and Coming Lawyer”, Law Week Colorado 2009
2008 Volunteer of the Year, Frontier District, Denver Area Council, Boy Scouts of America
2011 District Award of Merit, Frontier District, Denver Area Council, Boy Scouts of America
PROFESSIONAL ASSOCIATIONS
Colorado Bar Association
Denver Bar Association
CBA/DBA Professionalism Coordinating Council (2007-present)
Minoru Yasui Inn of Court (Executive Secretary, 2004-07, 2008-09)
Colorado Catholic Lawyers Guild (President, 2011)
University of Denver Law School Mentorship Program (Mentor, 2008-2010)
COMMUNITY INVOLVEMENT
- Boy Scouts of America, Denver Area Council
- Council Executive Board member (2010-present)
- Frontier District Chair (2010-present)
- Frontier Membership Chair (2007-2009)
- Regis Jesuit High School Alumni Council, Council Member (2004-present)
- Eagle Scout
CLERKSHIP
Hon. John Daniel Dailey, Colorado Court of Appeals, Denver, Colorado, 2004-2005
PUBLICATIONS
Author, Should a Lawyer Ever Be Allowed to Lie? People v. Pautler and a Proposed Duress Exception, 75 University of Colorado Law Review 301 (2004)
Co-Author, How to Litigate Your First Civil Trial in Colorado, National Business Institute Seminar, Denver, Colorado (August 2003)
EDUCATION
Juris Doctor, University of Colorado School of Law
Associate Editor, University of Colorado Law Review
Bachelor of Arts – Government, Georgetown University