Tobin D. Kern

633 Seventeenth Street
Suite 3000
Denver, CO 80202

Phone: 303.299.8384
Fax: 303.298.0940
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Business litigation and trial counsel to companies and individuals in federal and state courts, arbitrations and agency hearings

Commercial Litigation

Plaintiff's counsel to military defense contractor on antitrust and commercial bribery claims against competitor
Defense counsel to Canadian beer brewer on franchise termination claims by national distributor
Class counsel to land-line residential and business telephone customers in seven-state consumer protection act cases against regional telephone company
Defense counsel to professional sports association on preliminary injunction, antitrust and misappropriation of business claims by rival professional association
Arbitration counsel to mobile broadband company on breach of contract claims by fiber optic wholesaler
Defense counsel to liquor stores under investigation by state agency for violation of ownership and operation rules
Defense of pay television content provider on contract rescission claims by cable television company
Plaintiff's counsel to solar energy company on contract on breach of warranty claims against project partner
Class counsel to Las Vegas homeowners on construction defect claims against national homebuilder
Plaintiff's counsel to Colorado municipality on eminent domain claims against ranch land owners for reservoir project

Banking, Securities and Finance

Defense counsel to multiple residential mortgage originators on repurchase and indemnity claims by Wall Street firm
Defense of municipal bond underwriter on breach of fiduciary duty claims by real estate developer
Plaintiff's counsel to luxury vacation club members on intentional interference claims against commercial lender
Defense counsel to bank directors in administrative proceedings by FDIC relating to largest bank failure in Colorado history
Defense counsel to brokerage firm directors sued by former employees for breach of fiduciary duty in termination and repurchase of privately-held stock
Defense of numerous broker-dealer and investment adviser firms, and officers and directors, in regulatory investigations by SEC and state securities regulators
Class counsel to residential mortgage borrowers on Uniform Consumer Credit Code and federal banking law claims against securitization trusts
Defense counsel to national bank on class claims for excessive consumer account fees
Defense of bank officers and directors on FDIC investigations and administrative claims, including civil monetary penalties and industry bars

Intellectual Property

Plaintiff's counsel to fire equipment patent licensee on fair trade, breach of contract and tortious interference claims against Swedish patentee
Plaintiff's counsel to tenant screening company on trade secret and business misappropriation claims against former employees who started rival firm
Defense counsel to national hospital company on trademark infringement claims by surgical equipment company before U.S. Patent and Trademark office

Speaker, Consumer Financial Protection Act of 2010, Sherman & Howard Banking Seminar on Dodd-Frank Financial Reform Act, August 24, 2010
Co-author with Gordon W. Netzorg, "Proportional Discovery: Making It the Norm, Rather Than the Exception" - 87 Denv. U.L. Rev. 513 (2010)
Author, Approval of a Class Action Settlement Under C.R.C.P. 23(e), Colorado Lawyer, May 2002
Speaker, Colorado Consumer Protection Act Update, CLE in Colorado, Fall Torts Update, October 2006
Speaker, "A Critical Update on the Class Action Fairness Act in Colorado", National Business Institute, July 29, 2005
Speaker, "Class Arbitration: Brave New World of Consumer Litigation?", CLE in Colorado, Inc., Fall Torts Update, October 2003