Robert Daniel Scheid
3773 Cherry Creek North Dr., #575
Denver, Colorado 80209
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Mr. Scheid has broad experience in the handling of complex commercial litigation matters. He represented one of the seven plaintiffs that went to trial in the Phar-Mor Multi- District Securities litigation which was consolidated and tried in the U.S. District Court for the Western District of Pennsylvania, and represented one of the four consolidated plaintiffs in the MiniScribe Securities Litigation in U.S. District Court for the District of Colorado. Mr. Scheid was also involved in the certification and representation of a class of local agricultural cooperatives that successfully asserted federal securities and breach of fiduciary duty claims against a large regional cooperative.
His commercial litigation experience has also included cases involving breach of contract, fraud, professional negligence, and securities claims; breach of technology licensing agreements and misappropriation of trade secrets claims brought on behalf of inventors and licensors; breach of license and copyright infringement claims brought on behalf of an international communications product supplier; copyright infringement and trademark claims brought on behalf of clothing designers and distributors; trade dress claims brought and defended on behalf of a knife manufacturer; breach of mineral lease agreements brought on behalf of royalty owners; the pursuit and defense of defamation, disparagement, and consumer protection claims; the defense of class action and private environmental claims; the pursuit of class action professional negligence claims; breach of loan and lease agreements brought on behalf of banks, equipment leasing companies, and other financial institutions; the pursuit and defense of fraudulent transfer and preferential transfer claims; the pursuit and defense of construction related claims on behalf of architects, engineers, and other individuals and entities; and the defense of wrongful termination claims. He has both pursued and defended cases brought in federal and state courts located in Colorado, Arizona, New Mexico, Wyoming, Utah, Iowa, Minnesota, Pennsylvania, and New York.
In addition, Mr. Scheid has experience representing secured and unsecured creditors in Chapter 11 and Chapter 7 bankruptcy proceedings, negotiation of non-bankruptcy loan workouts, and UCC matters. He has represented several large secured and unsecured creditors in such Colorado bankruptcies as Centrix Financial, Storage Technology Corporation, MiniScribe Corporation, SilverCreek Development Company, and Empire Oil and Gas Co. He has also represented the liquidating trustee of the Oren L. Benton bankruptcy estate in complex commercial litigation matters concerning significant assets of the estate.
SIGNIFICANT LITIGATION MATTERS INCLUDE:
COMMERCIAL
MiniScribe Securities Litigation (D. Colo.) Represented one of the four consolidated plaintiffs in the MiniScribe Securities Litigation in the U.S. District Court for the District of Colorado involving one of the largest accounting frauds and largest fraud settlements in the history of the state.
Phar-Mor Multi-District Securities Litigation (W.D. Pa.) Served as lead trial counsel for one of the seven plaintiffs that went to trial in the Phar-Mor securities litigation which was consolidated and tried in the U.S. District Court for the Western District of Pennsylvania, resulting in a multi-million dollar settlement for the client after two months of trial. Reported decisions (regarding denial of motion to stay creditors actions): 166 B.R. 57 (W.D. Pa. 1994). (Ziegler, Chief J.).
Canyon Fuel Company v. Skyline Partners 1993 L.P. (D. Utah) Represented a lessor under a Sublease and Assignment Agreement with respect to defendant's non-payment of minimum annual advance royalties due under federal coal leases located in the State of Utah. Plaintiff obtained a settlement which resulted in full payment of royalties due, costs, interest and attorneys' fees, plus a new overriding royalty on adjacent lands.
David J. Beckman, Liquidating Trustee v. Colorado Rockies (D. Colo.) Represented the liquidating trustee for the Oren L. Benton bankruptcy estate with regard to claims brought against the Colorado Rockies' ownership and management entities concerning the scope and terms of the bankruptcy estate's minority ownership rights. The case resulted in a favorable settlement and subsequent sale of the estate's ownership interest for a confidential sum.
Hughes v. BCI International Holding, Inc., et al. (S.D.N.Y.) Representing purchaser of securities with regard to fraud, negligent misrepresentation, Colorado Securities Act, unjust enrichment, estoppel, fraudulent conveyance, and breach of fiduciary duty claims against officers, directors, and other insiders of company purportedly engaged in business of developing bio-composites projects. Case was favorably settled prior to April 2007 trial. Reported decision (re: motions to dismiss); 452 F. Supp. 2d. 290 (S.D.N.Y. 2006) (Baer, J.)
Natural Wealth Real Estate, Inc. v. Cohen (D.Colo). Representing registered investment advisors and licensed broker-dealer with regard to the assertion of defamation, disparagement, and declaratory relief claims, and defense of breach of contract and tort claims. Case is still pending. Reported decision (re: denial of motion to compel arbitration); 2005 WL 3527294 (D.Colo.) (Babcock, Chief J.)
CONSTRUCTION
Bebo Construction Co. v. BRW (Douglas County) Represented an engineer/inspector with regard to the defense of claims brought by a general contractor for damages allegedly caused by failure to detect fraudulently-installed anchor bolts on state highway bridge project. Obtained dismissal of claims on motion for summary judgment.
Torian Plum Holdings, Ltd., et al. v. Chresthills Inc. et al. (Denver County) Represented an inspecting architect with regard to the defense of claims brought by owners and project lenders for allegedly defective design and construction of a multi-use facility (hotel/condominium/restaurant/shopping mall) in Steamboat Springs, Colorado, resulting in a favorable settlement prior to trial.
Pearson v. Cross Mountain Ranch (Routt County) Represented the owner of hunting lodge facilities with regard to construction cost and related matters, resulting in a favorable settlement prior to trial.
ENVIRONMENTAL
Wilson, et al. v. Burlington Northern Railroad Company, et al. (D. Wyo.) Obtained a denial of class certification in RCRA, Clean Water Act, and mass tort case brought in Wyoming federal district court, which resulted in significant reduction in, and negligible settlement of plaintiff's claims; also obtained summary judgment dismissing Clean Water Act claims.
INTELLECTUAL PROPERTY
Icelandic Design v. The TJX Companies (D. Colo.) Represented a designer, manufacturer, and distributor of Nordic-style sweaters with respect to copyright infringement and trade dress claims brought against a large, national discount retailer, resulting in a favorable settlement shortly after commencement of the case.
Icelandic Design v. The Target Corporation (D. Colo.) Represented a designer, manufacturer, and distributor of Nordic-style ski hats and gloves with respect to copyright infringement and trade dress claims brought against a large, national discount retailer, resulting in a favorable settlement shortly before trial.
Spyderco v. Benchmade (D.Colo.) Represented a knife manufacturer with regard to the defense of breach of contract and the assertion of trademark/trade class counterclaims. Obtained favorable settlement on confidential terms shortly after commencement and removal of case to federal court.
Mitel, Inc., et al. v. Dean Communications Enterprises, Inc., et al. (D. Colo.) Represented an international communications products supplier in the pursuit of copyright infringement, breach of license agreement, and misappropriation of trade secrets claims. Obtained a large settlement for the client shortly prior to trial.
Gombas v. Ihly (Denver County) Participated in six-week trial which resulted in a seven-figure jury verdict for an inventor/licensor of patented and other intellectual property (high speed machinery) against a manufacturer/licensee based upon non-payment of royalties and misappropriation of trade secrets.
EMPLOYMENT
Duca v. Pluto Technologies International, Inc. (Boulder County) Represented a technology development company located in Boulder, Colorado, concerning claims for wrongful discharge brought by a former officer and director.
SECURITIES
Consumers Gas & Oil v. Farmland Industries, Inc., et al. (D. Colo.) Participated in the representation of a class of local agricultural cooperatives that obtained class certification for federal securities, breach of fiduciary duty, and unjust enrichment claims. The suit was favorably settled prior to trial, resulting in the redemption of the full face amount of the securities (capital credits) sued upon.
- Attorney
- Complex Commercial Litigation
- Intellectual Property Litigation
- Bankruptcy Litigation
- Colorado, 1981
- U.S. District Court District of Colorado, 1981
- U.S. Court of Appeals 10th Circuit, 1986
- University of Denver College of Law, Denver, Colorado,
1981
J.D.
Honors: Order of St. Ives
- University of Colorado, Colorado,
1978
B.S.
Honors: Cum Laude
- Phar-Mor Multi-District Securities Litigation, 166 B.R. 57
(W.D. Pa. 1994)
- GE Capital Corporation
- GE Capital Small Business Finance Corporation
- General Steel Corporation
- Capital Steel Industries
- Agile Group, LLC
- Mitel Networks, Inc.
- Benchmade Knife Company
- Wayne Pearson
- Sander, Scheid, Ingebretsen, Miller & Parish, Partner,
2002
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2004
- LeBoeuf, Lamb, Greene & MacRae, L.L.P. (Denver Office), Senior Counsel,
1997
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2002
- Popham, Haik, Schnobrich & Kaufman, Ltd (Denver Office), Shareholder,
1986
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1997
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