Practice Areas
- Appellate
- Litigation
Admissions
- Colorado
Darren D. Alberti
Partner
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BackgroundEducation & HonorsAwardsNoteworthy
- Developed arguments and drafted appellate briefing on a precedent-setting federal preemption issue of first impression in the Nevada Supreme Court.
- Developed arguments and co-drafted dispositive certification-stage briefing in a Fair Labor Standards Act collective action involving thousands of nationwide opt-in plaintiffs in federal district court; also developed arguments and co-drafted appellate briefing on alleged violations of federal and state labor and employment laws in federal circuit courts of appeals.
- Re-positioned a plaintiff’s complex federal district court defamation lawsuit involving multiple faith-based entities with tens of millions of dollars in claimed damages through a bolstered 34-page amended complaint, then developed arguments and drafted opposition briefing to both anti-SLAPP and Fed. R. Civ. P. (12)(b)(6) motions to dismiss on issues implicating the First Amendment’s free speech, free exercise, and establishment clauses.
- Developed arguments and drafted dispositive motions practice to defeat personal jurisdiction in California state court, securing client’s dismissal from a high-exposure media covered lawsuit related to a federal criminal prosecution of a co-defendant.
- Developed arguments and drafted critical briefing in the Nevada Supreme Court and Nevada district court on a plaintiff-side product liability lawsuit with nearly $100M in claimed damages, to defeat a petition for a writ of mandamus and proceed to a media covered trial on damages after the striking of the corporate defendant’s answer as to liability for repeated discovery violations; this helped result in a significant settlement for client just days into trial.
- Developed arguments and drafted federal district court briefing to help position potentially precedent-setting federal circuit court appeal regarding both Article III and prudential standing requirements for racial discrimination claims under section 1981 of the Civil Rights Act of 1866.
- Developed arguments and drafted appellate briefing for numerous appeals both challenging and defending jury verdicts and new trial demands across multiple jurisdictions, along with numerous appeals on potentially precedent-setting evidentiary issues across multiple jurisdictions.
- Developed arguments and drafted spoliation opposition briefing for Fortune 500 and Fortune 50 clients in high-exposure lawsuits across multiple jurisdictions under both federal and state law.
- Developed arguments and co-drafted appellate briefing challenging state agency rulemaking authority under Colorado’s Administrative Procedure Act in both Colorado district court and the Colorado Court of Appeals.
- Developed arguments and drafted dispositive motions in lawsuits across multiple jurisdictions implicating physician medical licenses and clinical privileges, along with briefing regarding physician non-compete agreements.
- Developed extensive legal analysis and strategy regarding a corporation’s post-dissolution ability to assign intellectual property and rights of action for past patent infringements, to inform both business strategy for a prospective corporate asset acquisition along with litigation strategy post-acquisition in a federal district court patent infringement lawsuit.
- Developed arguments and co-drafted Colorado Supreme Court brief challenging the Colorado Independent Congressional Redistricting Commission’s proposed redistricting plan and map on behalf of the Colorado Latino Leadership, Advocacy & Research Organization.
