Susan Bernhardt, Esq.

Of Counsel

For the past 24 years, Susan Bernhardt’s practice has focused on complex civil and commercial litigation, with an emphasis on business disputes, securities fraud, partnership and corporate fiduciary duties, corporate governance disputes, and “squeeze out” and “freeze out” lawsuits. She has litigated cases in a number of state and federal courts and arbitration forums, including handling complex matters pending simultaneously in multiple courts, class actions, and shareholder derivative actions. Her experience includes both plaintiff and defendant representation. She also has served as court-appointed Special Litigation Counsel in shareholder derivative litigation, as a commercial dispute arbitrator, and as an expert witness on attorney conduct and fees. Ms. Bernhardt has been named as a “Colorado Super Lawyer®” in business litigation since 2007. She also was ranked by Super Lawyers as one of the Top 25 Women Lawyers in Colorado in 2007, 2009, and 2010. Ms. Bernhardt is rated AV by Martindale-Hubbell. She was selected as a Colorado Bar Fellow by the Colorado Bar Foundation in 2001. Ms. Bernhardt received her Bachelor of Arts degree with High Honors from Swarthmore College, where she majored in Economics and minored in Mathematics. While at Stanford Law School, she was Notes Editor of the Stanford Journal of International Law. Ms. Bernhardt was a finalist in Stanford’s Kirkwood Moot Court competition and received the award for best brief from a panel that included United States Supreme Court Justice Byron White. She graduated with Distinction from Stanford Law School and was inducted into the Order of the Coif. Following law school, Ms. Bernhardt clerked for the Honorable Stanley A. Weigel of the United States District Court for the Northern District of California. Ms. Bernhardt serves on the Committee on Conduct of the United States District Court for the District of Colorado. She has been a member of the Ethics Committee of the Colorado Bar Association since 1996 and served as its Chair in 2007-2008. She currently serves on the Board of Editors of The Colorado Lawyer, and previously served as the Editor of the Professional Responsibility Column for that publication. She edited a special edition of The Colorado Lawyer devoted to ethics. Susan is a member of the Board of Directors and Executive Committee of the Colorado Trial Lawyers Association. She has served as the Co-Chair of its Commercial Litigation Committee and of its annual convention. Susan is the author of the chapter on Technology and the Practice of Law in Lawyers‘Professional Liability in Colorado: Preventing Legal Malpractice and Disciplinary Actions (2d ed. 2005 and supplemented through 2010). Ms. Bernhardt speaks frequently at continuing legal education seminars on topics ranging from legal ethics, to technology issues, to trial advocacy skills.

Areas of Practice

• Business Tort and Fraud Litigation
• Commercial Litigation
• Corporate Governance Disputes
• Business Disputes
• Securities Litigation
• Partnership and Corporate Fiduciary Duties
• Shareholder Derivative Actions
• Non-Compete Agreements
• Alternative DisputeResolution – Arbitrations & Mediations

Representative Matters

• Defended individuals and entities against allegations of breaches of fiduciary duties, minority shareholder squeeze-out, and other wrongdoing in a state court lawsuit filed by a long-time co-owner of their real estate development business.
• Represented an individual who sold a majority interest in a business in a dispute with the company over his employment termination and the purchase of his remaining interest.
• Appointed as Special Litigation Counsel in a state court derivative action involving alleged breaches of fiduciary duties by a member of a limited liability company.
• Defended the former CEO and CFO of a publicly-traded energy company in a federal court securities fraud class action.
• Defended two Colorado wineries in an antitrust lawsuit in federal court.
• Currently representing a publicly-traded company in a federal court lawsuit against an insurer regarding premium return issues.
• Defended former corporate executives in bankruptcy court adversary proceedings involving alleged improper transfers and other matters.
• Represented a New Mexico city in an appeal on an adverse possession claim.
• Defended an HMO in a federal court class action alleging violations of state insurance statutes.
• Represented a customer in an arbitration against her broker regarding suitability and other issues.
• Represented a publicly-traded company in a dispute with a customer over invoices and services.
• Represented a law firm in an arbitration with the firm’s former client over a multi-million dollar contingency fee and alleged ethics violations.
• Defended individuals alleged to have breached noncompetition agreements and other obligations in state and federal court preliminary injunction proceedings.
• Represented a publicly-traded computer manufacturer in a dispute over its termination of a call center services provider.
• Defended a church in a construction dispute with its design-build contractor in state court.
• Represented individuals attempting to avoid litigation with co-owners of businesses.
• Represented an individual in the appeal of a matter involving alleged personal guarantees and mechanics’ liens arising out of a construction and development project.

Education

• Stanford Law School, J.D. with Distinction, 1986. Order of the Coif. Notes Editor, Stanford Journal of International Law. Kirkwood Moot Court Competition, Finalist and Best Brief Award.
• Swarthmore College, B.A. with High Honors in Economics and Mathematics, 1983. Phi Beta Kappa.

Mediation Training

• Mares-Dixon & Associates 40 Hour Mediation Training & Certificate, 2010

Arbitration Training

• American Arbitration Association, “Arbitration Fundamentals and Best Practices,” Denver, CO

Practicing: Business Tort and Fraud Litigation, Commercial Litigation, Corporate Governance Disputes, Business Disputes, Securities Litigation, Partnership and Corporate Fiduciary Duties, Shareholder, Derivative Actions, Non-Compete Agreements and Alternative Dispute Resolution – Arbitrations & Mediations