Colin has over 10 years of experience counseling a wide variety of clients. His practice focuses on commercial litigation matters, with emphasis on contract claims, trade secrets, employment disputes, and business torts, including negligence, fraud and fiduciary duty claims. Colin also represents clients in construction disputes and emergency relief matters, including temporary restraining orders and preliminary injunction matters.
Prior to joining Osborn Maledon, Colin served as a law clerk to the late Honorable Arthur L. Alarcón on the U.S. Court of Appeals for the Ninth Circuit and by designation on the Sixth and Eleventh Circuits. He was also a litigator at major firms in Chicago, New York, and California.
Colin has been appointed to a two-year term as a Director on the Maricopa County Bar Association Board of Directors, starting in January 2020.
Colin also serves, by mayoral appointment, on the City of Phoenix’s License Appeals Board. The License Appeals Board hears appeals concerning the denial, suspension, or revocation of certain business licenses issued by the City.
Representative Matters
General
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Winkler v. GM Law Firm LLC, et al., No. CV-20-08248 (D. Ariz.) – Obtained voluntary dismissal with prejudice of Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1962(c)) and fraud claims against clients.
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A.B.C. Sand and Rock Co. Inc. v. Flood Control District of Maricopa County, No. 1 CA-CV 19-0652 (Ariz. Ct. App.) – Obtained vacation of certain fines imposed by the Maricopa County Flood Control District Board of Hearing Review against mining company (client) because Board failed to follow statutory procedures and lacked authority to impose them.
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Felarca v. Birgeneau, 891 F.3d 809 (9th Cir. 2018) – Obtained reversal of denial of summary judgment and remand with instruction to enter summary judgment in favor of major university (client) in high-profile constitutional rights and tort action.
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Daisley v. Blizzard Music Limited (US) et al., 2:17-cv-01500 (C.D. Cal.) – Represented Robert Daisley, former band mate of Ozzy Osbourne, in fraud and accounting action against music publisher.
Insurance
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United Specialty Ins. Co. v. Dorn Homes Inc., CV-18-08092, 2020 WL 4464400 (D. Ariz.) – Favorably settled insurance claim against commercial general liability insurer concerning construction defects on behalf of home builder (client).
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United Specialty Ins. Co. v. Dorn Homes Inc., 334 F.R.D. 542 (D. Ariz. 2020) – Held insurer’s advice-of-counsel defense waived work product protection for uncommunicated documents in insurer’s attorney’s file, whether prepared before or after the initiation of the case, and required same to be produced to insured (client).
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United Specialty Ins. Co. v. Dorn Homes Inc., CV-18-08092, 2020 WL 4464400 (D. Ariz. Aug. 4, 2020) – Granted insured’s (client) motion to exclude portions of well-known insurance expert’s report and prohibit him from testifying to such matters.
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Arrowood Indemnity Co. v. Trustmark Ins. Co., No. 03-cv-1000, 938 F. Supp. 2d 267 (D. Conn. 2013), affirmed, 560 Fed. App’x 75 (2d Cir. 2014) – Prevailed in two-week hearing, in which court rejected claims of a breach of fiduciary duty and bad faith and motion for contempt for alleged failure to comply with previously confirmed arbitration award.
- Whalen v. Catholic Mutual Relief Society, DDV-2012-9756 (Mont. 1st Jud. Dist. Ct., Lewis and Clark Cnty.) – Defended large provider of property and casualty coverage for Catholic Church entities in tort and coverage actions arising out of alleged clergy abuse.
- Clarendon National Ins. Co. & Clarendon America Ins. Co. v. Trustmark Ins. Co., No. 09-cv-9896 (S.D.N.Y. Jan. 13, 2012) – Obtained a summary judgment against reinsurer in a matter relating to purported offsets.
- Trustmark Ins. Co. v. Clarendon National Ins. Co., No. 09 C 6169 (N.D. Ill. Feb. 2010) – Represented reinsurer in action to disqualify arbitrator and for preliminary injunction.
- Trustmark Ins. Co. v. John Hancock Life Ins. Co., Case No. 09-cv-3959 (N.D. Ill. Jan. 2010) – Represented plaintiff reinsurer in fraud suit regarding concealment of evidence material to adverse award in prior arbitration and motion to enjoin related arbitration.
- Trustmark Ins. Co. v. Clarendon National Ins. Co., 09-C-1673, 2009 WL 4043110 (N.D. Ill. Nov. 20, 2009) – Defeated reinsurer’s attempt to reduce its obligations under an arbitration award for debts allegedly due to it from prior, unrelated matters.
Employment
- Nelson v. Newmark Knight Frank, CV-17-03150, 2019 WL 6875469 (D. Ariz. Dec. 17, 2019) – Granted employer’s (client) motion for summary judgment on plaintiff employee’s Arizona Employment Protection Act claim because employee could not reasonably believed Arizona law was violated based on facts of case and when he admits that he thought federal law as opposed to state law was violated.
- Nelson v. Newmark Knight Frank, CV-17-03150, 2018 WL 6435766 (D. Ariz. Dec. 7, 2018) – Dismissed with prejudice plaintiff employee’s promissory estoppel claim against employer (client) because claim relied on promises covered by a contract and dismissed with prejudice employee’s breach of contract claim and second promissory estoppel claim against employer as duplicative of employee’s Arizona Employment Protection Act claim.
Telephone Consumer Protection Act (TCPA)
- Mujahid v. Divvymed, LLC, No. CV-19-05454 (D. Ariz.) – Favorably settled TPCA proposed class action.
- Vondran v. Costco Wholesale Corp., et al., No. CV-18-01524 (D. Ariz.) – Favorably settled TPCA claim.
- Hassen v. Tryke Companies LLC, No. CV-18-03725 (D. Ariz.) – Favorably resolved TPCA claim.
