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Mark E. Haynes

Director

Biography

Mr. Haynes engages in an active litigation practice defending professionals and businesses, such as accountants, lawyers, contractors, companies and their directors and officers, members and shareholders of privately held businesses and aviators, in all aspects of commercial litigation including antitrust, contract, partnership, intellectual property, ERISA, securities and employment law litigation. He has particular expertise in the defense of accountants and lawyers and the unique factual and legal issues those cases often present. Further, Mr. Haynes has successfully litigated complex product liability cases including toxic tort matters. He is a past program chairman for the ABA Section of Litigation's special projects group.

Mr. Haynes serves as pro bono counsel and as a board member for Friends of Patan Hospital (USA), Inc., an organization that supports the work of Patan Hospital in Nepal. He helps the group with obtaining and maintaining 501(c)(3) status, corporate matters and regulatory filings.

He received a B.A. with honors from the University of Wyoming in 1975 and a J.D., cum laude, from the University of Michigan in 1982. He served as an officer in the U.S. Army from 1975-1979, including a tour as tank company commander. Prior to joining Ireland Stapleton, he was with the firm of Gorsuch, Kirgis, Campbell, Walker and Grover from 1982 - 1986 and joined Morrison and Foerster in 1986, becoming a litigation partner in 1990. Mr. Haynes was with Pryor, Carney and Johnson and Pryor, Johnson, Montoya, Carney and Karr between 1993 - 2005 where he served as head of the firm's commercial litigation practice.

LEGAL EXPERIENCE

• Cagle v. Mathers Family Trust, 11 SC 496. Won an appeal to the Colorado Supreme Court. The client was Martin Harper CPA, a CNA insured. Mr. Harper was sued for his role in providing accounting services to certain partnerships. The partnership agreements had forum selection clauses requiring that suit be filed in Dallas, Texas. We obtained a dismissal in the trial court that the Colorado Court of Appeals reversed. We obtained a unanimous reversal of the Court of Appeals from the Colorado Supreme Court.
• Eagle View Development LLC v. Bondi & Co. LLC, Civil Action No. 2008 CV 1718. Two week trial of a claim of accounting malpractice against a regional accounting firm, a CNA insured in which plaintiffs sought approximately $2.7 million. The court entered a defense verdict on all claims.
• Board of County Commissioners of Montrose County, Colorado vs. JetAway Aviation LLC, Civil Action No. 2008 CV 18. One week trial of issues remanded by the Colorado Court of Appeals concerning airport access for a fixed base operator. The party is currently in negotiations with Montrose County and Cutter Aviation for the potential opening of a new FBO.
• National Oilwell Varco LP v. Pason Systems USA Corp., Civil Action No. 03-CV-02579-RPM. Two week jury trial of a patent infringement case pending in the US District Court for the District of Colorado. Partial judgment was entered in favor of the patent holder, appeal was taken to the U.S. Court of Appeals for the Federal Circuit which granted a motion to dismiss the appeal and remand the case to the trial court. The matter is now pending for hearings to resolve the remainder of the case.
• Two-week trial before the District Court of Montrose County, Colorado, in a complex case concerning contracts and leases relevant to a fixed-base operator general aviation business at the Montrose Regional Airport, in opposition to Montrose County, the airport operator and a competitor. The result was mixed, but considered very favorable by the client.
• Professional Security Alliance, Inc. v. Hanson Professional Corporation, Case No. 02-CV-381. District Court, Adams County, Colorado. This was a two-week trial of an accounting professional negligence case defending Hanson Professional Corporation (insured by CNA). The trial was conducted by Mark Haynes and Bob Carney sharing responsibilities, Mr. Carney handled opening statements and approximately half of the witnesses, and Mr. Haynes handled closing arguments and approximately half of the witnesses. This case was tried because plaintiff refused to negotiate within the amount of the reasonable case exposure. The damages awarded by the trial court accorded with our valuation of the case.
• District Court, City and County of Denver, Colorado. The two-day trial of suit against former employee for alleged theft of trade secrets. Case settled after trial.
• District Court of Mesa County, Colorado. One-week trial of lawsuit between two owners of a Grand Junction nursing home alleging breach of fiduciary duty and misappropriation of funds between the two of them. All claims against our client were dismissed and our client was awarded attorneys' fees.
• Probate Court, City and County of Denver, Colorado. Two-day trial of a will contest. Verdict was in favor of our client, upholding the will.
• District Court, City and County of Denver, Colorado. One-week trial of a case brought by heirs and stepchildren against a widow and stepmother under the "slayer statute" attempting to disinherit for alleged participation in an assisted suicide. The verdict was for the widow and stepmother, our client.
• District Court, City and County of Denver, Colorado. One-week trial of a case by a creditor against a surety. We tried the case because this creditor would not negotiate within the reasonable settlement value. Jury returned a verdict in 20 minutes for our valuation of the case.
• Coast to Coast Stores Franchisee Litigation. We represented Coast to Coast Stores, a former hardware chain that had filed Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the District of Colorado. There were numerous trials in the U.S. Bankruptcy Court of franchisee claims against Coast to Coast for breach of contract and breach of fiduciary duty. All claims eventually were decided or settled in a manner satisfactory to our client, the debtor in possession.
• U.S. Bankruptcy Court and District Court, City and County of Denver, Colorado. We represented Boettcher and Company, a former regional brokerage firm, in a contract and real estate dispute with Wells Fargo Bank, a lender. The case was initially heard on a two-day preliminary injunction hearing in Denver District Court, in which we prevailed. The case subsequently moved into the U.S. Bankruptcy Court where there was a one-week trial on the issue of solvency. The parties settled the matter when they realized the recession had taken all the equity they had been fighting over.
• U.S. Bankruptcy Court for the District of Colorado. Several one- and two-day trials involving issues of fraudulent conveyances, preferences, solvency and ownership of property.
• District Court, City and County of Denver, Colorado. Two-day trial on permanent orders in a marital dissolution case, the primary issue being child custody. My client, the wife, prevailed and for many years sent me Christmas cards. This was a pro bono case.

Accomplishments

Phi Beta Kappa, Phi Kappa Phi, Department Honors in History, Phi Alpha Delta Law Fraternity, Book Award in Conflicts of Laws.

Affiliations

• Member, American Bar Association, Sections of Litigation, Business Law and Intellectual Property
• Member, Colorado Bar Association
• Member, Denver Bar Association
• Admitted, United States District Court for the District of Colorado
• Admitted, Tenth Circuit Court of Appeals
• Admitted, United States Supreme Court