Previous PageNathan K. Davis Partner

Nathan's practice focuses on representing clients in civil litigation matters, including oil & gas, product liability and commercial disputes. Nathan has tried numerous cases to verdict in multiple state and federal courts, as well as before the American Arbitration Association.

Nathan regularly represents oil & gas companies in a wide variety of disputes venued throughout the region, including Colorado, Kansas, Oklahoma, Texas, New Mexico, Utah, California and Arizona.

Representative Experience

Oil & Gas Cases

  • Defend oil & gas companies in royalty disputes in multiple states, including state-wide class actions
  • Represent oil & gas company on claims against mineral owners for alleged breach of lease option agreements covering millions of acres of mineral rights in Colorado, New Mexico, Oklahoma, Texas, California, Arizona and Arkansas
  • Defend oil & gas companies against claims for alleged breach of implied lease covenants
  • Defend oil & gas companies against claims by surface owners, including claims for alleged ground water contamination and conflicts with current and planned surface operations
  • Represent oil & gas company on claim against working interest partner for failing to convey agreed-upon assignment of thousands of acres of mineral rights in the Marcellus Shale
  • Represent oil & gas company on claim against surface owner for breach of gas supply contract
  • Represent oil & gas company on claim against other energy companies for breach of joint operating agreement
  • Defend oil & gas company in lien foreclosure lawsuit
  • Defend oil & gas company against claims by working interest partner for alleged breach of express and implied obligations in farmout agreement and joint operating agreement
  • Defend oil & gas company against claim by working interest partner for alleged breach of preferential right to purchase clause in joint operating agreement
  • Defend oil & gas company against claims for alleged breach of settlement agreement and fraudulent inducement

Oil & Gas Conferences

  • The Eugene Kuntz Conference on Natural Resources Law and Policy, University of Oklahoma College of Law (November 2011)
  • 9th Annual Energy Litigation Conference, Institute for Energy Law of the Center for American and International Law (October 2010)
  • Short Course of the Law of Shale Gas Plays, Institute for Energy Law of the Center for American and International Law (June 2010)
  • Oil & Gas Agreements: The Exploration Phase, Rocky Mountain Mineral Law Foundation (March 2010)
  • 55th Annual Rocky Mountain Mineral Law Institute (July 2009)
  • Colorado Oil & Gas Conservation Commission Comprehensive Rulemaking of 2008, Rocky Mountain Mineral Law Foundation (March 2009)
  • Private Oil and Gas Royalties: The Latest Trends, Developments, and Challenges in Oil and Gas Royalty Litigation, Rocky Mountain Mineral Law Foundation (December 2008)
  • 54th Annual Rocky Mountain Mineral Law Institute (July 2008)
  • Oil & Gas Agreements: Joint Operations, Rocky Mountain Mineral Law Foundation (December 2007)
  • 52nd Annual Rocky Mountain Mineral Law Institute (July 2006)
  • 4th Annual Energy Litigation Conference, Institute for Energy Law of the Center for American and International Law (October 2005)

Nathan’s commercial trial and arbitration practice covers all areas of business litigation.  He has a broad and varied practice with experience in corporate, contract, trade secrets, business torts, construction, and real estate litigation.

Representative Experience

  • Defend general contractor in construction arbitration against claims of alleged breach of contract and unjust enrichment by subcontractor
  • Represent international franchisor in franchise termination arbitration involving counterclaims for race discrimination
  • Defend construction company at trial in employment dispute with former salesman
  • Defend principal of international technology company at preliminary injunction hearing
  • Represent international franchisor at preliminary injunction hearing in franchise termination lawsuit
  • Represent pharmaceutical company in breach of contract dispute involving counterclaims of fraud and negligent misrepresentation
  • Represent start-up technology company at trial in dispute between company principals for control of company
  • Represent company at trial in breach of contract dispute involving allegations of unfair competition
  • Defend lender in mechanic’s lien foreclosure lawsuit

Nathan regularly defends clients in product liability, tort and personal injury investigations and lawsuits throughout the region, including matters involving allegations of wrongful death, spinal cord injuries, severe burns, and other catastrophic injuries.

Representative Experience

  • Defend manufacturer of mining equipment in jury trial in product liability lawsuit arising out of accident in underground coal mine that resulted in serious personal injuries
  • Defend manufacturer of flow meter and associated electronic equipment in product liability lawsuit arising out of natural gas pipeline explosion that resulted in serious personal injuries
  • Defend manufacturer of ladders and other climbing products in product liability lawsuits in multiple state and federal courts, including several jury trials
  • Defend manufacturer of consumer and industrial refrigeration equipment in fire and explosion investigations and product liability lawsuits
  • Defend manufacturer of industrial tools in product liability lawsuit arising out of fatal pipeline explosion
  • Defend manufacturer of gas valve in product liability lawsuit arising out of carbon monoxide poisoning
  • Defend manufacturer of thermal protector in product liability lawsuit arising out of house fire
  • Defend manufacturer of natural gas and propane regulators in fire, explosion and carbon monoxide investigations and product liability lawsuits
  • Defend industrial truck manufacturer in product liability lawsuit arising out of vehicle fire
  • Defend manufacturers of consumer and industrial gas valves in fire, explosion and carbon monoxide investigations and product liability lawsuits

Education

  • University of Denver College of Law (J.D.)
    • Top 10% of class
  • University of Chicago Law School, visiting student
  • Wabash College (B.A., Philosophy, cum laude)

Court Admissions

  • Supreme Court of Colorado
  • United States District Court, District of Colorado
  • United States Court of Appeals, Seventh Circuit
  • United States Court of Appeals, Tenth Circuit

Professional Memberships & Activities

  • Rocky Mountain Mineral Law Foundation
  • Colorado Bar Association
  • American Bar Association
  • Defense Research Institute
  • Colorado Defense Lawyers Association

Representative Presentations & Publications

  • Selecting Your Jury and Handling Your Voir Dire, Co-Presenter, Colorado Bar Association CLE (August 3, 2011)
  • The Disappearing Jury Trial, Co-Author, Law Week Colorado (April 26, 2010)
  • Admissibility of Subsequent Remedial Measures: Bad Law Lurking in the 10th Circuit, Author, Law Journal Newsletters Product Liability Law & Strategy, Volume 23, Number 5 (November 2004)
  • Applicability of C.R.E. 407 in Federal Court, Author, The Colorado Lawyer, Volume 34, Number 1 (January 2005)

Professional Recognition & Awards

  • Colorado Super Lawyers®, Rising Stars Edition - Personal Injury Defense: Products (2010-2012); Business Litigation, Environmental Litigation (2010-2011)

Community Involvement

  • Denver Metro Chamber of Commerce
    • Impact Denver
    • Colorado Energy Coalition
  • Colorado Association of Commerce and Industry, Environment & Energy Council
  • Denver Scholarship Foundation
    • Development Committee
    • Special Event Committee
  • Denver Public Schools Educational Outreach Program
  • Metro Volunteer Lawyers
  • Legal Night at Mi Casa
  • Colorado Lawyers for the Arts
  • Junior Achievement

Other Professional Experience

  • First Judicial District Court, State of Colorado, Law Clerk to the Honorable Leland P. Anderson