Cody Bourke focuses his practice on complex commercial litigation, with an emphasis on various disputes involving real estate, construction, and oil & gas. He represents clients from a broad range of industries, including food and beverage, real estate construction, and oil and gas, in both state and federal courts across the western United States. Cody has experience in commercial disputes involving contracts, construction defects, mechanic’s liens, commercial leases, oil and gas class actions, product liability, and corporate governance and shareholder issues.
Cody also has experience representing clients in regulatory hearings and rulemakings before the Colorado Oil and Gas Conservation Commission and the Colorado Department of Public Health and Environment.
Defended oil and gas companies in statewide class action royalty disputes
Represented global dairy company in dispute asserting claims of breach of contract and breach of warranty for defective installation of boilers at production facility
Represented operator and franchiser of multiple restaurants and breweries in commercial lease disputes, evictions and pre-litigation risk reduction strategies across the United States
Represented private company specializing in oil and gas acquisitions in disputes surrounding joint operating agreements, ownership interests and joint interest billings
Represented trade association for the home building industry and various oil and gas companies in rulemakings before the Colorado Oil and Gas Conservation Commission related to forced pooling, flowlines and the enactment of Senate Bill 19-181
Represented real estate developer in multimillion-dollar construction defect lawsuits in Colorado and Texas
Defended real estate developer against mechanic’s lien foreclosure and breach of contract claims brought by general contractors and subcontractors
Represented limited liability company and members asserting individual and derivative claims in an action against other members for breach of contract, breach of fiduciary duty, conversion and civil conspiracy
Defended oil and gas companies against claims by surface owners, including claims for alleged ground water contamination and conflicts with current and planned surface operations
Defended midstream oil and gas company in arbitration in connection with claims for breach of natural gas purchase contract
Defended manufacturer of ladders in product liability lawsuits
University of Denver, Sturm College of Law (J.D., 2013)
Order of St. Ives (Top 10%)
Scholastic Excellence Awards: Torts, Property
University of Nebraska-Lincoln (B.A., Psychology, with distinction, 2010)
Graduate of Psychology and Law Program
Colorado Bar Association
Young Lawyers Division
Denver Bar Association
Natural Resources and Energy Law Section
Rhone-Brackett Inn of Court
Colorado Petroleum Association
Colorado Association of Home Builders
“Criminal and Enforcement Litigation,” Co-Author, ABA 2018 Edition: Recent Developments in Business & Corporate Litigation (April 2018)