Admissions

State of Colorado

State of California

U.S. District Court: Colorado, California, Nebraska, Wisconsin

10th Circuit Court of Appeals

Education:

The George Washington University, Bachelor of Arts.

University of Colorado School of Law, Juris Doctor.

Dart Winkler has worked in the legal field, in one capacity or another, since 1995 – from a file clerk to a practicing attorney since graduating law school. He now represents clients in complex contract litigation and fiduciary responsibility cases, as well as cases involving insurance, construction, real property, banking and creditors’ rights, derivative shareholder suits, and employment law. Mr. Winkler also counsels financial institutions and other partners in credit and collections matters, dishonest business practices, lender liability, depository agreements, discriminatory and predatory lending, wrongful foreclosures, and problem loan workouts.

Mr. Winkler litigates to defend insurance providers against policyholder claims, to protect and assert terms of real property contracts, and to protect the rights of homeowners with regard to enforcement of covenants, assessments, insurance, and contracts. He often collaborates with construction attorneys to resolve disputes on behalf of owners, contractors and suppliers in construction claims related to bad faith, breach of contract, defects, insurance, liability, liens, and property damage caused by design and other defects.

Mr. Winkler is experienced in all facets of discovery and case management including depositions, client negotiations, and drafting of case documentation, memoranda, and motions. He collaborates with clients to develop and enact best business practices, and is also experienced in jury trials, arbitration, mediation, and administrative proceedings when conflicts should arise.

In appropriate cases, Mr. Winkler works with clients and opposing parties to attempt to resolve disputes through means alternative to litigation. Clients often find that alternative dispute resolution is best approached with a clear understanding about the strengths and weaknesses of their case, and a willingness to continue with litigation in the event the discussions end without resolving the dispute. Mr. Winkler helps guide clients through that process.

The fact that Mr. Winkler is licensed in Colorado and California (as well as various other federal courts) assists many clients without needing to engage different counsel for suits across the country. Familiarity with the law and procedures in these jurisdictions facilitates a more comprehensive approach to legal representation. He is also available to work with other attorneys as local counsel in locations throughout Colorado and California.

Notable matters:
Factory Mutual Insurance Company v. Nebraska Beef, Inc., et al. (No. 8:09CV159) – 2010 WL 338042 and 2009 WL 2886316, D. Neb.

Virtual Cloud Services, Inc. v. CH2M Hill, Inc., et al. (Civil Action No. 02-cv-01004-JLK-BNB) – 2007 WL 2422144, 2007 WL 1830451 and 2007 WL 678722, D. Colo.

Successfully Completed breach of contract arbitration for corporate client, including opening statement, examination of all witnesses and closing argument.

Assisted on plaintiff’s case, including witness examination in four-week trial to jury, asserting theft of trade secrets and breach of contract in Federal court.

Lender litigation including: experience of seven-week trial defending national lender against wrongful foreclosure and related claims; argued demurrers in California court for case resulting from 2003 Wildfires, resulting in global settlement with multiple defendants for defendant with security protected by force-placed insurance; and settled purported $1.4 million Fair Credit Reporting Act claims for national lender.

Assisted with defense of derivative lawsuit against corporation’s directors and a predecessor corporation. Worked with counsel for Special Litigation Committee on matters including discovery, settlement positions and case management – resulting in walk-away settlement.

Drafted Arbitration Demand, motions including successful response and opposition to summary judgment motion and depositions and examinations of witnesses for breach of an exclusive Original Equipment Manufacturing (OEM) Agreement.

Conducted research and composed legal memoranda, discussing public services doctrine and other legal theories, for lead paint action against metropolitan city.

Negotiated settlement of employment dispute for corporate employer in Federal Court.

Caver v. Sittner, 2009CV70 – Real estate dispute tried to a jury in La Plata County, Colorado, prevailing on claims based on contract and statutory violations. Jury verdict also helped prompt settlement agreement between same parties covering litigation on other disputed matters.

Community Service Organizations:
Denver Kids, Inc. mentor
National Brain Tumor Society volunteer
Habitat for Humanity volunteer

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