Dana L. Eismeier Shareholder Litigation

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1 Contact Office Mr. Eismeier is Chair of Burns, Figa & Will, P.C. s Litigation Department. He is a trial attorney with experience in all forms of business disputes and employment law. He has nearly 30 years of experience in federal and state trial courts, appellate courts, including federal multidistrict litigation matters, arbitrations, and mediations in Colorado and throughout the western United States. He also has substantial experience counseling small and mid-size business clients in employment matters. Education J.D., University of Notre Dame B.A., Alma College Bar Admissions U. S. Supreme Court Fifth Circuit Court of Appeals Federal Circuit Court of Appeals Areas of Expertise Shareholder/ LLC Member Litigation Rodeo and Agricultural Law and Litigation Employment Law and Litigation Financial and Banking Litigation Qui Tam and Whistleblower Litigation Environmental Litigation U.S. Claims Court Tenth Circuit Court of Appeals U.S. District Court, Colorado Colorado

2 Professional Activities President, Colorado Notre Dame Lawyers Committee ( ) President, Saint Thomas More Catholic School Advisory Committee ( ) President, Whisper Canyon Homeowners Association ( ) Articles Colorado Supreme Court Broadens Factors to Assess Independent Contractor-Employee Status, Colorado Bar Association Business Law Newsletter (2014) Top 11 Ways to Avoid that Day in Court Colorado Business Magazine (December 2012) Board of Governors, Southeast Business Partnership ( ) Steering Committee Member, Incorporation of the City of Castle Pines ( ) Law Club of Denver (1990 Present); President (2001)

3 Commercial Litigation Represent Women s Professional Rodeo Association in business dispute resulting in $6.875 million jury verdict for client. Represent client before the Judicial Panel on Multidistrict Litigation in successful consolidation of over 70 federal qui tam lawsuits involving oil and gas royalties. Successfully obtain trial judgment on contribution claim involving large real estate development near Vail, Colorado (2013). Successfully represent American railroad company and its Panamanian subsidiary in connection with claims brought involving train wreck in Panama (victory in Colorado Supreme Court, 2009). Successfully represent Colorado-based technology company in connection with securities fraud claims (victory in Colorado Supreme Court, 2008). Successfully represent City of Englewood in connection with construction defect litigation at City-owned water park. Successfully represent client in Colorado federal qui tam lawsuit involving medical device industry. Jury trial and $1.5 million verdict for client on counterclaims in lawsuit related to real estate development in Colorado Springs, largely offsetting loan deficiency (2012). Successfully represent nonprofit business entity in connection with lawsuit with other owners relating to large office building in Colorado Springs. Represent client in Washington federal district court involving business fraud in sale of apartment complexes in Spokane, Washington, resulting in successful settlement. Successfully represent national chain retailer in Colorado federal trademark and intellectual property lawsuit. Successfully represent client in construction defect litigation involving contamination of large office building in Denver Tech Center. Represent national banking institution and obtain judgment against another national bank institution involving substantial lien priority dispute. Successfully represent client in Colorado federal court in and Wyoming state court regarding multimillion dollar probate and estate matter. Successfully represent estate beneficiary in farm and ranch probate dispute in several district court trials and in Colorado Court of Appeals, with successful settlement. Obtain judgment in Court of Federal Claims for Plaintiff in claims under federal child vaccine statute, resulting in multimillion-dollar award for client. Successfully defended two oil field service companies in contested receivership hearings (2017).

4 Commercial Litigation (continued) Represented investor clients in federal RICO lawsuit against company and individuals that defrauded investors in nationwide real estate investment Ponzi scheme (2016). Summary judgment for national waste disposal client in lawsuit alleging mishandling of medical records (2016). Successful motion to dismiss claim by former employee for equity ownership in drilling company (2017). Employment Litigation Represent Royal Crest Dairy in successful jury trial regarding wrongful discharge and COBRA claims filed by ex-employee. Successfully represent international technology company in federal employment/immigration class action lawsuit in Northern District of Texas. Successfully defend client in Title VII claims, including sexual harassment, brought in Colorado federal court involving multiple plaintiffs. Successfully represent several corporate clients in lawsuits involving noncompetition/ employment issues involving present and former employees. Successful Defense of multimillion dollar nationwide FLSA wage and class action lawsuit against client drilling company (2017). Defense of multiple federal FLSA/Wage and Hour class action lawsuits involving home health care companies (2017). Defense of multiple federal lawsuits involving client employers for alleged discrimination. Defense of numerous discrimination charges brought against client companies before EEOC and CCRD, resulting in no probable cause determinations. Environmental Litigation Successfully represent City of Englewood, Colorado in environmental claims arising out of the demolition of Cinderella City shopping mall Successfully represent municipality in claims involving environmental contamination at large metro area airport and former U.S. Air Force Base. Successfully represent property owners in federal lawsuits involving environmental contamination at several dry cleaning locations.

5 Environmental Litigation (continued) Represent purchaser of former foundry site in lawsuit with seller regarding asbestos and environmental contamination, resulting in successful settlement. Successfully represent client in Utah Supreme Court regarding commercial property in Moab, Utah damaged by environmental contamination.