A bulldog in the courtroom, Perry is a force to be reckoned with as he tackles any litigation issue that faces him.

Overview

As lead trial lawyer, Perry represents clients in all aspects of banking, trust and fiduciary, real estate, construction, contracts and general commercial litigation matters. For his banking clients, Perry takes charge in cases alleging breaches of fiduciary duties and other claims against the trust departments of various banks. Perry also handles a vast variety of issues including real estate disputes involving title, land use, inverse condemnation, adverse possession, boundaries, landlord-tenant, restrictive covenant and premises liability actions. His general litigation focus encompasses disputes involving shareholders and members of business entities of all sizes, employment law, trade secret litigation and other matters.

Experience

Banking and Financial Institutions

  • Trial counsel for multiple banks in litigation in Colorado and Idaho involving lender liability allegations
  • Lead trial counsel in multiple litigations representing banks that have acquired assets from the FDIC as receiver for failed financial institutions. Successfully utilized statutory special powers defenses provided by the Financial Institutions Reform, Recovery and Enforcement Act as informed by the D'Oench Doctrine to defeat claims related to the conduct of the failed financial institution
  • Pursued claims against guarantors for payment on defaulted loan agreements on behalf of various banks
  • Successfully defended claims against a bank client brought by a party that was not a customer of the bank on motion to dismiss
  • Successfully defended claims against a bank client involving the alleged breach of UCC presentment warranties and for allegedly accepting checks with unauthorized endorsements
  • Lead counsel in action against a third party vendor for a bank for common law indemnification based upon improper charges to bank customers

Real Estate

  • Lead trial counsel in partition action involving commercial property
  • Litigated matters involving the enforceability of recorded plats and the impact on development on a prospective basis
  • Successfully litigated matter involving claims for prescriptive easements in favor of banking client necessary to development of property
  • Appellate counsel in matter involving seniority of liens in context of subordination agreements
  • Represented client in zoning variance and condemnation proceedings
  • Lead counsel in litigation involving inverse condemnation based upon local zoning ordinances
  • Lead counsel in 42 U.S.C. 1983 litigation involving local government conduct in context of sale of property

General Business

  • Lead trial counsel in action for fraudulent transfer and successor liability of acquiring corporation
  • Lead trial counsel in litigation regarding the entitlement to liquidated damages for construction delay
  • Lead trial counsel in arbitration concerning the fiduciary responsibility of financial advisors to investors
  • A recent argument before the Colorado Court of Appeals can be viewed here: Davis v. Champlin
  • A recent argument before the Colorado Court of Appeals can be viewed here: Community Banks v. Landy
  • Lead counsel in numerous employment litigation matters involving discrimination claims, wrongful termination, employment agreements, employee handbooks and manuals, non-compete provisions, non-solicitation agreements, trade secrets, and wage and hour issues
  • Lead trial counsel in contract dispute involving air pollution control equipment and technology

News & Insights

Speaking Engagements

Publications

"Colorado Majority Shareholders May Face Civil Theft Liability," Law 360, July 2019

"Colorado High Court Defies Contract Damages Precedent," Law360, July 2019

Co-author, "Danger: Service Charges and Tipping Policies," Club Director, Summer 2016

Co-author, "Colorado Department of Labor & Employment Tightens Use-It-Or-Lose-It Vacation Policies," Stinson Emerging Trends Newsletter, July 2016

"Supreme Court Decision Weakens Class Defendants' Tactical Arsenal," Stinson Emerging Trends Newsletter, April 2016 

Recognitions

Recognitions

Nominated by clients to receive 2017 Acritas Star designation

Top Rated Lawyers, The American Lawyer, 2012

Recognized in Colorado Super Lawyers© 2013- 2019

Professional & Civic Activities

Professional & Civic Activities

Ironman Triathlete

American Bar Association

Colorado Bar Association

California Bar Association

Admissions

  • Colorado, 1987
  • California, 2003
  • U.S. District Court for the District of California, 2003
  • U.S. District Court for the District of Colorado, 1987
  • U.S. Court of Appeals for the Federal Circuit, 2012
  • U.S. Court of Appeals for the Ninth Circuit, 2003
  • U.S. Court of Appeals for the Tenth Circuit, 1987
  • U.S. Supreme Court, 2004 

Education

Pepperdine University, School of Law, J.D., summa cum laude, 1987

  • Valedictorian

University of Denver, B.A., cum laude, 1984

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