Lucas T. Ritchie

Shareholder

Summary

Luke focuses his litigation and trial practice on defending financial services clients and other companies and individuals in regulatory investigations and complex commercial litigation. He has substantial lead-counsel experience prosecuting and defending claims involving securities, corporate governance, business “divorce”, business torts and fraud, employment, and insurance matters. Luke has represented businesses, investment companies, boards of directors, and individuals before federal and state courts, in arbitration proceedings, and before federal, state, and private regulatory authorities including the Securities and Exchange Commission, Financial Industry Regulatory Authority, Colorado Public Utilities Commission, the Industrial Claim Appeals Office, the Colorado Civil Rights Division and EEOC, and the Federal Motor Carrier Safety Administration. Luke is the Co-Chair of the Colorado Bar Association’s Securities Law Subsection, and sits on the Executive Council of the CBA’s Litigation Section.

Specific Areas of Practice

Civil Appeals

Commercial Litigation:

  • Business Divorce
  • Contract Actions
  • Corporate Governance, Breach of Fiduciary Duty and Shareholder Derivative Actions Fraud and Business Torts
  • Fraudulent Transfers / Concealment of Assets
  • Commercial Evictions and Real Estate Disputes

Employment Litigation:

  • Wrongful Discharge, Employment Discrimination and Wage Claims
  • Trade Secret Theft, Breach of Confidentiality and Breach of Non-Competes
  • Employee Fraud and Embezzlement

Securities Litigation / Enforcement Defense:

  • SEC and FINRA Investigations, Examinations, Enforcement Actions and related customer / shareholder claims
  • Customer / Industry Dispute Litigation and Arbitration
  • Federal and State Securities Litigation
  • Misrepresentations Made in the Offer, Sale or Purchase of Investment Opportunities

Transportation, Shipping and Motor Carrier Litigation and Regulation:

  • Cargo Loss and Damage Claims
  • Insurance Defense and Coverage Disputes
  • Carrier Licensing and Regulatory Compliance

Significant Representations

  • Represented mutual fund's former Trustees in defending SEC enforcement proceeding alleging various 1940 Act claims – negotiated agreeable settlement terms and administrative order
  • Represent group of municipal funds and former trustees in defense of seven consolidated securities class action lawsuits currently pending before the U.S. District Court for the District of Colorado
  • Represented registered investment advisor and its president in defending SEC enforcement proceeding alleging claims of improper registration and material misstatements – negotiated agreeable settlement terms and administrative order
  • Represented brokerage firm in defending customer dispute alleging state and federal securities fraud and breach of fiduciary duty claims – negotiated “walk away” settlement on the eve of FINRA arbitration hearing, which enabled brokerage firm to avoid Central Registration Depository reporting
  • Represented defrauded investor in prosecuting claims for securities fraud and other business torts against local promoter of a business scheme – obtained judgment for damages including return of investment, statutory interest and reasonable attorney fees
  • Represented local nonprofit entity and its Executive Director in defending against a wrongful termination action filed by a former employee – obtained a full defense verdict
  • Represented startup contract carrier operation in contested application proceeding before the PUC – prevailed at hearing and obtained Interim Order and subsequent Commission Order granting requested authority over intervenor’s objection
  • Represented a regional vocational college in defending against Title VII racial discrimination claims asserted by a former employee – obtained summary judgment, dismissal of subsequent appeal and denial of subsequent petition for a writ of certiorari
  • Represented seller of local business in defending against claims brought by potential purchaser and in prosecuting counterclaims and cross-claims against multiple parties – obtained full dismissal after first week of trial
  • Represented a local business in the satellite TV industry in prosecuting claims for breach of distribution agreement – obtained six-figure arbitration award
  • Represented a regional business in the nutraceutical industry in defending against claims and in prosecuting counterclaims in commercial contract dispute – obtained six-figure jury verdict

Lectures and Seminars

  • Presenter / Panelist “The Life and Death of an LLC: Formation, Operations and Dissolution (a Litigator’s Perspective on LLC Divorce)” – CBA, CLE Business Law Institute (September 16, 2016)
  • Moderator, “Hot Topics for Public Companies in 2016: The General Counsel’s Perspective” – Securities Law Subsection of the CBA Business Law Section (February 16, 2016)
  • Presenter, “What to Do If the SEC Comes Knocking” Denver Business Journal - Managing Enterprise Risk for Your Company Series (October 13, 2015)
  • Panelist, “Civil Litigation for Young Lawyers” - Denver Bar Association Young Lawyers Division (2014)

Honors / Distinctions

  • Martindale-Hubbell, AV Preeminent – Peer Rated for Highest Level of Professional Excellence and Ethical Standing
  • Colorado Super Lawyers®, Rising Stars 2009-2014 (Business Litigation), 2015-2017 (Securities Litigation)
  • American Jurisprudence Awards: Natural Resources Law; Hazardous Wastes and Toxic Torts; and Administrative Law
  • Scholar, Presidents' Leadership Class, University of Colorado
  • Member, University of Colorado Rugby Team

Admitted to Practice Generally and Pro Hac Vice Before:

  • U.S. Supreme Coury
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. District Courts, District of Colorado, Eastern District of Louisiana, Western District of New York
  • State Courts, Colorado

Professional and Community Affiliation

  • Co-Chair, Colorado Bar Association Securities Law Subsection
  • Executive Council, Colorado Bar Association Litigation Section
  • Executive Council, Colorado Bar Association Business Law Section
  • Member, American, Colorado and Denver Bar Associations
  • Member, Faculty of Federal Advocates, U.S. District Court, District of Colorado
  • Member, Colorado Defense Lawyers Association
  • Member, Colorado Motor Carriers Association
  • Liaison to CBA, WeeCycle Colorado