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Scott C. Sandberg

Scott C. Sandberg

Partner| Denver


Scott Sandberg's practice is concentrated in commercial litigation, including all phases of construction, financial services, professional liability, corporate governance, franchise, insurance and contract disputes. His experience includes trials, arbitrations, and preliminary injunction proceedings to protect intellectual property rights.

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Construction Litigation
  • Representation of owners, contractors, design professionals, subcontractors, lenders, and sureties in all phases of disputes in federal and state courts and in AAA arbitrations, including:
    • Delay and disruption claims
    • Design professional liability claims
    • Construction defect claims
    • Mechanics lien claims
    • Indemnity and insurance coverage disputes
    • Intellectual property disputes
    • Bid protests
Corporate Governance Litigation
  • Litigation involving governance of corporations, limited liability companies and partnerships including:
    • Derivative actions
    • Minority shareholder rights
    • Special litigation committees
    • Director and officer liability
    • Breach of fiduciary duties
    • Statutory duties and obligations
Financial Services Litigation
  • Experience representing lenders, servicers, and brokers in all phases of litigation in federal and state courts and administrative proceedings, including:
    • Defense of claims asserting improper sale of collateralized mortgage obligations
    • Defense of mortgage lenders and servicers in fraud, RESPA, and rescission claims
    • Proceedings before the Colorado Division of Securities
    • Defense of lenders in Truth in Lending Act claims
    • Defense of lenders and servicers in fair debt collection claims
Franchise Litigation
  • Experience in all phases of franchise and dealer disputes in federal and state courts and in AAA arbitrations, including:
    • Emergency injunction proceedings to enforce post-termination covenants and protect intellectual property
    • Defense of fraud, statutory violation, and breach of contract claims brought by franchisees
    • Defense of wrongful termination/non-renewal claims brought by franchisees
    • Defense of franchisor officers, directors, and employees
    • Defense and prosecution of unpaid royalty and lost business opportunity claims
    • Representation of franchisors in condemnation proceedings
    • Representation of franchisors in landlord/tenant disputes
  • University of Utah College of Law (J.D., 1997)
    • William Leary Scholar
    • Executive Editor, Utah Law Review
  • University of Utah (B.S., Finance, with honors, 1994)
  • Supreme Court of Colorado
  • Supreme Court of Utah
  • United States District Court, District of Colorado
  • United States District Court, District of Utah
  • United States Court of Appeals, Tenth Circuit
  • United States Court of Appeals, Ninth Circuit
  • United States Court of Claims
  • American Bar Association
    • Section of Litigation
    • Forum on the Construction Industry
    • Forum on Franchising
  • International Franchise Association
  • IFA Franchise Business Network
  • Colorado Bar Association
    • Construction Committee
    • Franchise Law Subsection
  • Colorado Defense Lawyers Association
  • American Council of Engineering Companies of Colorado
    • Expert Witness Certification Committee
  • "Disclosure, Discovery, and Beyond," Presenter, American Council of Engineering Companies of Colorado (April 2010)
  • "Update on Culpable Mental States and Related Ethical and Privilege Implications in Federal Civil Litigation," Co-Author, ABA Business Law Section Spring Meeting, Denver, CO (April 23, 2010)
  • "Trade Dress: What Does It Mean?" Franchise Law Journal (Summer 2009)
  • "Protecting Your Trade Dress," Presenter, International Franchise Association, Annual Conference (February 2008)
  • "Intellectual Property Law Update," Annual Review of Developments in Business and Corporate Litigation (2003-2009)
  • "Ethical Considerations Invoked by Electronic Discovery," Presenter, Association of Corporate Counsel (December 2007)

Construction

  • "Contractor Liability for Dangerous Site Conditions Before and After Work is Complete," Author, Colorado Construction and Design (Winter 2013)
  • "Understanding Professional Responsibility and The Legal and Insurance Implications Associated with Peer Reviews," Presenter, American Council of Engineering Companies of Colorado (May 2012)
  • "The Long Tail of Construction Defect Liability: When Does It End?," Author, Colorado Construction & Design Magazine (Winter/Spring 2012)
  • "Full circle on insurance coverage for construction defect claims," Author Colorado Real Estate Journal (July 7, 2010)
  • "Construction Payment Issues In A Tight Economy," Presentation to Construction Professionals (April 2009)
  • "An Engineer's Guide to Arbitration, Mediation, and Dispute Resolution," Presenter, American Council of Engineering Companies of Colorado (April 2009)
  • "2007 Changes to AIA Documents," Presentation to Design Professionals (August 2008)
  • "Recent Trends in Legal Developments Affecting Design Professionals," Presentation to Design Professionals (January 2008)

Franchise

  • "Controlling Risk in the Franchise Relationship," Panel Moderator, Franchise Business Network (July 2008)
  • "What to Do if a Franchise Relationship Falls Apart," Radio Interview, World Talk Radio (January 2008)
  • "Arbitrating and Mediating Franchise Disputes," Colorado Bar Association, Franchise Law Subsection (March 2007)
  • "Colorado Law Concerning Pay-If-Paid Clauses," Under Construction (Spring 2007)
  • "Managing the Termination Process in the Field," Presenter, International Franchise Association, Annual Conference (February 2007)
  • Colorado Super Lawyers®, Intellectual Property Litigation, Construction Litigation (2014); Rising Stars Edition (2009-2011)
  • State Board of Licensure for Architects, Professional Engineers and Professional Land Surveyors, Member
  • Growing Home, Inc., Board of Directors
  • Colorado Bar Association, Attorney Regulation Committee, Member and Pro Bono Counsel
  • Faculty of Federal Advocates, Member and Pro Bono Counsel
  • Historic Elitch Gardens Theatre Foundation, Pro Bono Counsel
  • NAIOP Colorado, Legislative Affairs Committee
  • Utah Court of Appeals, Law Clerk to Hon. Gregory K. Orme (1998)