Areas of Practice

Litigation Services

The core of BBS’s practice is litigation, from prevention and management of risks to claims, lawsuits, trials, and appeals. BBS represents a wide variety of clients, from large companies to individuals, in a broad range of litigation, from the routine to the most complex.

BBS works to achieve the client’s objectives through meticulous preparation, and aggressive pursuit of the cause. Early in the process BBS will work with clients to develop a mutually agreed-upon litigation strategy. BBS encourages frank communication about the magnitude of what is at issue or risk. BBS offers you flexibility in administrative matters such as billing arrangements and reporting.

Regional and National Litigation

Denver’s geographic location is advantageous for regional and national work. As the transportation, financial, and business hub of the Rocky Mountain and Intermountain West, Denver is the seat of the United States Court of Appeals for the Tenth Circuit and a major population center. Due to the experience and reputation of BBS’s attorneys, we have an established, well-respected regional and national litigation practice.

Commercial and Complex Litigation

BBS’s commercial and complex litigation practice covers a wide variety of matters, including:

  • Commercial disputes
  • Contract disputes
  • Creditor’s Rights
  • Insurance coverage
  • Insurance defense
  • Franchise and distributorship disputes
  • Product disparagement
  • Civil RICO
  • Sales and licensing
  • Financial institution disputes, including workouts of troubled credits and a variety of litigation matters
  • Interference with business and contractual relations
  • Defamation cases
  • Directors’ and officers’ liability
  • Mass tort litigation
  • Consumer protection act cases
  • Professional liability including insurance agent and broker, real estate agent and broker, design professionals, physician, and lawyer defense cases
  • Class actions
  • Patent, trademark and copyright litigation
  • Oil and gas litigation

When handling commercial and complex litigation matters for our clients, BBS encourages exploration of options — from a position of strength. When appropriate, this may involve pursuit of alternative solutions to trial, such as settlement and creative dispute resolution. Our attorneys have served clients in a number of the above areas throughout Colorado and occasionally across the country.

Regardless of the method of resolution, BBS’s approach will be tailored to our client’s particular needs, with a sensitivity and respect for our client’s dual desires of upholding its reputation while protecting against financial loss.

Product Liability

BBS’s attorneys have represented product manufacturers, distributors and sellers for many years, and such representation has been a central element of our attorneys’ practices for decades. Our attorneys have tried significant product liability cases throughout the United States, and recognize that a successful defense requires detailed understanding of the product, the market and environment of use, as well as the role and importance of the product for the client. Our attorneys have represented manufacturers and sellers of a wide variety of products, from electrical and recreational products to manufacturing equipment and natural gas containment and transmission systems. In addition, our lawyers have an established local, regional, and national reputation in several product areas:

  • Automotive and truck products
  • Chemical products
  • Construction and mining equipment
  • Hazardous substances
  • Medical devices
  • Pharmaceutical and biological products

We are experienced in national, high-profile, complex products litigation. Our experience has included:

  • Managing litigation nationally for manufacturers with hundreds or even
    thousands of pending lawsuits
  • Designing and managing company-wide document sweeps and
    establishing reading rooms when appropriate
  • Designing regional counsel systems for product manufacturers
  • Assisting offices of general counsel in developing systems for reporting,
    budgeting, or supervising product claims and suits
  • Discovery management
  • Risk management
  • Preparing and managing expert and company witnesses

BBS works with clients to seek the best possible result. If early resolution without trial cannot be reached, BBS will stand ready and fully prepared to defend a client’s cause at every stage of trial.

Fidelity and Surety Practice

Brosseau Bartlett Seserman’s attorneys have served fidelity and surety clients for decades. Our attorneys have written and lectured on fidelity and surety topics and have extensive experience representing fidelity and surety companies at the local, regional, and national levels. Representative engagements include:

  • Investigating and analyzing claims of financial institutions and other commercial enterprises for losses caused by employee dishonesty
  • Managing contractor defaults in contract suretyship, including: negotiating and drafting completion agreements, making arrangements for project reletting, financing troubled contractors through completion, negotiating bonded obligation buyouts, processing related payment bond claims, and monitoring project completions
  • Enforcing fidelity and surety carriers’ rights of indemnification, exoneration and subrogation
  • Representing fidelity and surety companies in litigation, appeals, mediation, and arbitration
  • Serving as national claims monitoring counsel for a captive insurer formed by a financial conglomerate having more than 600 offices nationwide
  • Handling claims in litigation on a wide variety of miscellaneous bonds including supersedeas, bid, maintenance, license and permit, judicial, and public official bonds

BBS maintains a specialized library of fidelity and surety resources to assist in providing clients with the highest level of representation. BBS will stay in close communication with clients to keep them informed and to respond to their needs.

Human Resources

BBS attorneys perform a wide variety of labor and employment law services, ranging from counseling and advising clients to litigation. Our attorneys have represented employers in administrative actions before the Equal Employment Opportunity Commission, Colorado Civil Rights Division and equivalent agencies in other states, and the National Labor Relations Board. Our attorneys have successfully defended employers in lawsuits involving discrimination under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. We also counsel clients on issues related to these claims, as well numerous other issues involving the Fair Labor Standards Act, the Family Medical Leave Act, and state wage and hour statutes.

Our labor and employment attorneys have counseled, advised, and/or litigated the following issues:

  • Non-compete agreements and trade secrets
  • Negotiation of employment agreements and severance agreements
  • Drafting and reviewing employee handbooks
  • Employee drug testing and related privacy issues
  • Workforce reduction issues under the Worker Adjustment and Retraining Act
  • Wage and hour issues under the Colorado Wage Act and Fair Labor Standards Act
  • Discrimination based on race, gender, national origin, religion, and age
  • Pregnancy discrimination
  • Sexual harassment claims, including same-sex harassment claims
  • Wrongful termination based on violation of public policy
  • Wrongful retaliation
  • Negotiation of collective bargaining agreements and arbitrations regarding alleged breaches of these agreements
  • Defense of unfair labor practice charges
  • Strike prevention and injunctions

Construction Litigation

While BBS has a  focus and extensive experience in construction litigation, including representation of architects, engineers, contractors, sub-contractors, suppliers and owners/developers throughout Colorado and the Rocky Mountain region, BBS can also counsel clients through almost all aspects of the construction process from design, bid letting, contract drafting, risk analysis, contract administration and project close out. When disputes arise our attorneys in this specialized field understand the unique and often highly technical issues underlying such disputes.

Construction disputes are often document-intensive and BBS has the technological and staffing capability to organize and work efficiently with large numbers of documents. All of our construction clients, large and small, receive the same personalized services and attention.

Representative engagements have included: prosecution and defense of cases arising out of expansive soil damages involving commercial, single and multi family residential construction; prosecution and defense of design professionals when claims of professional malpractice in design and construction inspection services arise; defense of sureties; prosecution and defense of contractors, subcontractors and suppliers when defective construction claims arise; prosecution and defense of claims for extra work, delay or impacts; representation of insureds and insurers on coverage disputes arising out of construction projects; lien foreclosure actions – prosecution and defense; and prosecution and defense of work place injuries, including OSHA proceedings.

BBS recognizes that for all involved in the construction industry litigation is often viewed as a necessary evil. While clients may have experience with lawyers who are “deal killers” who are always telling them why something cannot be done, BBS strives to be part of the solution to problems. However, BBS believes in doing so from a position of strength on its clients’ behalf. That strength comes from preparation and experience.

Personal Injury

The team at BBS has extensive experience in a variety of personal injury claims. We handle cases involving car accidents, slip and falls, auto/bicycle crashes, defective medical implants and beyond. Our attorneys are well equipped to  handle claims involving both physical and mental injuries. We regularly work with a multitude of experts in a variety of fields including, but not limited to, accident reconstruction, vehicle dynamics, biomechanics, neuropsychology, PTSD, orthopedics, and psychiatry. We pride ourselves on our early-case investigations, our evidence development procedures and, most importantly, our honest and straightforward case assessments.