Profile
David G. Palmer has more than 30 years of trial and appellate experience throughout the Rocky Mountain region, Texas and California, including numerous multi-week jury trials involving claims under federal and state antitrust laws, securities and commodities laws, allegations of civil or criminal fraud, conspiracy, RICO, class actions and claims under federal environmental statutes. These representations and trials have involved parties engaged in the energy, food and beverage, financial and securities, software development sales, and a multitude of other businesses.
Dave has been listed in every edition of The Best Lawyers in America since 1982, and is ranked in Band 3 for general and commercial litigation by Chambers USA Guide. He has defended corporations and their officers in federal and state trials and criminal grand jury investigations throughout the United States. Dave has been involved in numerous commercial and securities arbitrations serving as an advocate, as an arbitrator and as a mediator in complex business disputes.
Capabilities
Experience
- Appointed by District Court and parties to act as Special Litigation Counsel and Independent Committee of the Board of Directors to determine whether shareholder derivative action should be pursued upon exercise of business judgment on behalf of Selection as Independent Counsel and of recommendations to the District Court affirmed in Hirsch v. Jones Intercable, Inc., 984 P.2d 629 (Colo. 1999).
- Appointed by parties to act as Special Litigation Counsel and Independent Committee of the Board of Directors to determine whether shareholder derivative action should or should not be pursued upon exercise of business judgment on behalf of Selection as Special Counsel and of report process to be utilized confirmed by Colorado Supreme Court in Curtis v. Nevins, 31 P.3d 146, 2001 WL 1028739 (Colo. Sept. 10, 2001).
- Counsel for Bear Stearns, Inc. in successful defense of multi-week NASD arbitration relating to substantial investments in mortgage- backed interest only strips by the Colorado Springs school district, resulting in dismissal of all claims.
- Counsel for Kidder Peabody in defense of several consolidated Denver District Court state class actions, bankruptcy trustee's action, and three federal lawsuits, including related state and federal enforcement proceedings, relating to financial collapse of Denver- based investment advisor involving direct investment losses of $200 million by 1,400 investors in the trading of options.
- Successfully obtained summary judgment dismissing multimillion- dollar claims of Hedged Bankruptcy Trustee in Denver District
- Representation of outside directors in consolidated federal court class action and related SEC investigation.
- Representation of five former directors or officers in consolidated class action proceedings and related SEC investigation, resulting in dismissal of all claims against these defendants prior to trial and without payment of any damage by them.
- Defense of state and federal lawsuits relating to real estate limited partnership offering underwritten by CIGNA, dismissed on summary judgment and presently on appeal in the state case, and fully dismissed following appeal of the federal case.
- Defense of class claims against issuer and inside directors/officers.
- Defense of class claims and SEC investigation on behalf of issuer and inside directors/officers.
- Represented plaintiff in successful jury trial for violation of § 4 of Commodity Futures Trading Act, including award of substantial actual and punitive damages, affirmed following appeal to the Ninth Circuit.
- Representation of bank directors in proceedings resulting in dismissal of all claims and without payment of any damage against defendants. MHC Mutual Conversion Fund, L.P., et al. v. Sandler O’Neill & Partners, L.P., et al., 761 F.3d 1109 (10th Cir. 2014).
- Successfully defended federal grand jury investigation of alleged defense contracting fraud, and secured summary judgment dismissing later civil whistle-blower litigation. Anderson ex rel United States v. Northern Telecom, 52 F.3d 810 (9th Cir. 1995).
- Obtained jury verdicts dismissing civil fraud and state consumer protection act treble damage claims in two jury trials brought by local grocery chain against national grocery wholesaler. Todd Holding Co., Inc. v. SuperValue Stores, Inc., 874 P.2d 402 (Colo. 1993).
- Obtained $28 million jury verdict for plaintiff in breach of warranty and contract claims against manufacturer of world's largest surface mining dragline, settled following successful appeal Curragh Queensland Mng Ltd., v. Dresser Industries, Inc., et al., 55 P.3d 235 (Colo. App. 2002).
- Representation of five former directors and officers of MiniScribe Corporation in consolidated class action proceedings and related SEC investigation, resulting in dismissal of all claims against these defendants prior to trial and without payment of any damages by them.
Recognition & Leadership
- Team Member, a Law360 “Product Liability Practice Group of the Year,” 2011, 2021-2022
- Team Member, a Law360 “Environmental Practice Group of the Year,” 2022
- Listed, The Best Lawyers in America, Bet-the-Company Litigation; Commercial Litigation; Litigation - Antitrust; Litigation - Banking and Finance; Litigation - Securities, 1983-2024
- Named, "Lawyer of the Year," Litigation - Securities, Denver, 2021
- Named, "Lawyer of the Year," Litigation - Antitrust, Denver, 2020
- Listed, Chambers USA Guide, 2008-2022
- Listed, Super Lawyers magazine, Colorado Super Lawyers, 2006-2024
- Team Member, U.S. News - Best Lawyers, Best Law Firms Edition “Law Firm of the Year,” 2016
- Recipient, “Alumni Award for Distinguished Achievement in Private Practice,” University of Colorado Law School, 2015
- Listed, The Legal 500 United States, 2013
- Team Member, Law360 “Appellate Practice Group of the Year,” 2010
- Listed, 5280 magazine, “Denver’s Top Lawyers,” April 2001
- Recipient, “National Gold Heart Award,” American Heart Association, 1997
- Recipient, “Award of Merit,” American Heart Association, 1994
- Recipient, Colorado Heart Association
- “Schoolmaker Award,” 1983
- “Gold Heart Award,” 1981
- Rated, AV® Preeminent™ 5.0 out of 5.0
- Director, National Civic League, 2012-2017
- Director, Judi’s House, 2012-present
- Business Advisory Council, University of Colorado School of Medicine
- Chairman, Board of Directors, Denver Metro Chamber Leadership Foundation
- Executive Committee, Metro Denver Economic Development Corporation
- Fellow, American Bar Foundation
- Advisory Board, Johnson Storage and Moving (for-profit company)
- Member, American Bar Association
- Member, International Institute for Conflict Prevention & Resolution Panel of Distinguished Neutrals
- Trustee, Colorado Legal Aid Foundation, 2011-207
- Member, Colorado Bar Association, Ethics Committee, 1996-present
- American Heart Association
- Board of Directors, 1986-1995
- National Chairman, 1992-1993
- Chairman-Elect of the Board, 1991-1992
- Secretary to the Board, 1990-1991
- Chairman of the Northwest Region, 1986-1987
- Vice-President, 1986-1987
- Colorado Heart Association
- Executive Committee, 1978-1995
- Board of Directors, 1974-1995
- Colorado President, 1979-1980
- Henry Kempe National Center for the Prevention of Child Abuse and Neglect
- Board of Directors, 1983-1990
- President, 1984-1986
- Board of Directors, Goodwill Industries of Denver, Inc., 1982-1985
Credentials
Education
-
J.D., University of Colorado Law School, 1970
- Order of the Coif
- Articles Editor, University of Colorado Law Review
- A.B., History, Johns Hopkins University, 1967
Admissions
- Colorado
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- Supreme Court of the United States