Zane Gilmer

Zane Gilmer represents companies and individuals from a variety of industries facing diverse legal challenges. His practice focuses on business litigation and regulatory compliance. He regularly represents clients in state and federal courts and arbitration forums across the country. He represents clients ranging from small regional businesses and individuals to large Fortune 100 companies. Zane is also a regular author and speaker on emerging litigation and compliance trends.

Business and Commercial Litigation Experience

•  Represent clients relating to breach of contract and tort actions
• ·Represent companies related to the protection of trade secrets and   intellectual property
•  Represent national retailer in putative class action alleging      deceptive marketing and advertising in violation of state consumer    protection laws
• Represent national bank in litigation to recover damages related to unfair competition and violations of non-competition agreements and Lanham Act following purchase of multi-million dollar payment processing and credit card business
• Represented national franchisor in various putative class action and one-off lawsuits with franchisees, related to allegations of breach of contract and violations of consumer protection laws, enforcement of non-competition agreements, and protection of intellectual property rights
• Represented healthcare company in post-sale arbitration related to issues of disclosures made during due diligence phase and allegations of breach of contract and violation of non-competition agreement
• Represented national commercial real estate investment company in premises liability action
• Represent metropolitan district in action against former developer and board member for securities fraud and breach of fiduciary duty in connection with bond issuance
• Represented publicly traded midstream oil and gas company in business dispute with vendor
• Represented publicly traded midstream oil and gas company in royalty and supply dispute with oil and gas producer
• Represented payment processor in breach of contract and misrepresentation action
• Represented Malaysian manufacturer in breach of contract dispute with U.S. distributor
• Represented Costa Rican company in products liability action
• Represented client of closely held corporation in derivative and dissolution lawsuit concerning corporate mismanagement allegations
• Represented publicly traded electronics and software manufacturer in trade secrets action

Financial Services Litigation Experience

• Represent financial industry clients in breach of contract, tort, regulatory enforcement and litigation actions 
• Represent national special servicers and CMBS trusts on behalf of note holders 
• Represent loan originators in lawsuits by purchaser of residential mortgage loans that were sold into RMBS trusts alleging fraud, misrepresentation, and breach of loan guidelines 
• Represent national and community banks in loan enforcement and guaranty actions 
• Represent bank in trial and appellate action challenging the platting of property held by bank 
• Represent acquiring banks in connection with failed bank assets in lawsuits that implicate federal defenses, including those pursuant to 12 U.S.C. § 1823(e) as informed by D'Oench, Duhme & Co. v. FDIC, 315 U.S. 447 (1942), and its progeny 
• Represented loan servicing company in loan enforcement action 
• Represented bank in injunction action to freeze judgment debtor's assets to avoid fraudulent transfers 
• Represented bank in Colorado Organized Crime Corruption Act (COCCA) action 
• Represented bank in action alleging fraud and breach of fiduciary obligations in connection with third-party transfer of funds from depository account
• Represent financial institutions in class actions and one-off lawsuits concerning state and federal consumer financial protection laws, including alleged unfair, deceptive, abusive acts and practices (UDAAP), violations of misleading advertising and sales practices, unfair or harassing debt collection practices, and unfair lending or credit reporting

White Collar, Compliance, and Investigations Experience

• Represent and advise financial industry clients related to CFPB examinations, investigations, responses to Civil Investigative Demands, and enforcement actions 
• Advise clients regarding compliance and regulatory matters, including risk management, and company policies and procedures 
• Conduct internal investigations on behalf of companies related to a variety of issues, including alleged criminal, civil, regulatory, and company policy violations 
• Advise clients on various regulatory and compliance issues related to engaging in business with state licensed marijuana businesses 
• Represented publicly traded electronics and software manufacturer in whistleblower action alleging wrongful termination for disclosure of alleged international bribery and price fixing scheme 
• Represented company executive related to allegations of insider trading and self-dealing 
• Conducted internal investigation on behalf of the University of Colorado related to former student and Aurora theater shooter James Holmes 
• Conducted internal investigation on behalf of publicly traded company regarding allegations of commercial bribery

Other Experience

Zane has authored numerous articles for publications such as American Bankers Association’s Bank Compliance magazine, Inside Counsel, Bloomberg BNA, Law 360, and Law Week Colorado.  

Zane has also been recognized by Martindale-Hubbell with a peer review rating of AV Preeminent, the highest possible rating.