Professional Activities
American College of Trial Lawyers
American Bar Foundation, Fellow
Colorado Bar Foundation, Fellow
Colorado Bar Association
Denver Bar Association
Drake University Law School, visiting professor of antitrust, corporations, evidence, business planning, and trial practice, 1973-74
University of Denver School of Law, adjunct faculty member in evidence and civil procedure, 1975-1979
Recognition & Accomplishments
Chambers USA: America's Leading Lawyers for Business, highest ranking (band one), litigation, 2003-2011
The Best Lawyers in America, bet-the-company litigation, commercial litigation, and securities litigation, 1987-2012
Best Lawyers' 2012 Denver Litigation – Banking & Finance Lawyer of the Year
Super Lawyers, "Top Ten Colorado Lawyers," 2007, 2009, 2010, 2011, 2012
Benchmark Litigation, "local litigation star," commercial litigation and product liability, 2010-2011
LeLand Forest Outstanding Professor Award, Drake University Law School, 1973-74
Who's Who in America
Who's Who in American Law
Who's Who in the World
Speaking Engagements
Mr. Thomasch frequently lectures at trial lawyer seminars and has made presentations at litigation programs in more than 30 cities throughout the United States and Canada.
Representative Trials
- Represented the Goodyear Tire & Rubber Co. as lead national counsel in defense of product liability cases involving the Entran II product; seven multi-week jury trials in federal and state courts led to a national class action settlement
- Defended a bank-holding company and its CEO against charges of 68 separate acts of fraud and breach of fiduciary duty in a five-week trial in Colorado state court; the clients prevailed in full on all claims (Colantuno, et al. v. First Denver Corporation)
- Represented the plaintiff in a multi-week commercial defamation jury trial in U.S. District Court in Chicago in which the jury awarded the client $7 million (Taurus Corp. v. Exchange National Bank)
- Represented the defendant in U.S. District Court in a civil insider-trading trial instituted by the SEC; the client prevailed in full (Securities and Exchange Commission v. Tomlinson, et al.)
- Represented, as co-lead counsel, a prominent national law firm in a four-week arbitration in which a former corporate client of the firm alleged breach of fiduciary duty and other professional misconduct as a basis for nonpayment of multimillion-dollar fees; the client prevailed in full on all claims against it and recovered its fees in full (confidential)
- Represented a multi-state litigation law firm in a breach of contract, breach of fiduciary duty, and accounting lawsuit arising out of a joint venture with another law firm; after a two-week trial, the client prevailed in full on the claims of breach of contract and breach of fiduciary duty, with the accounting claims resulting in a figure between the amounts each party had presented in evidence (Burg Simpson v. Stoneman)
- Represented, as co-lead counsel, a multi-hospital nonprofit health care system in a three-week arbitration challenging a transaction that would have resulted in a change in control; each party prevailed on some claims, ultimately resulting in a restructured transaction to which all parties agreed (Exempla, Inc. v. Sisters of Charity of Leavenworth Health System, et al.)
- Represented the former general counsel of a publicly held company in a $10 million indemnification claim in a jury trial in U.S. District Court on liability issues, followed by a bifurcated court trial on damages; the client prevailed in full, recovering more than $13 million in a judgment that was affirmed on appeal (Vitkus v. Beatrice Co.)
- Defended a bank-holding company against contract and reimbursement claims by its former CEO in Colorado state court; after a three-week trial, the jury hung on a principal issue while resolving some less significant issues in favor of the plaintiff and some in favor of the defendant; case was resolved after appeal (White v. Thatcher Financial Group)
- Represented the defendant in a three-week hearing before an arbitration panel in Phoenix against the plaintiff's claims that it had been defrauded into granting Amax Gold a lease on Nevada property that Amax Gold thereafter developed into a major gold mine; plaintiff sought rescission of the lease or multimillion-dollar damages; the client prevailed in full on all claims (TMB v. Amax Gold, Inc.)
- Defended in a jury trial in U.S. District Court in Texas the manufacturer of products used in the drilling of oil and gas wells against claims of breach of contract and business destruction brought by a products distributor; the client prevailed in full on all claims (Chalmers, et al. v. Rockwool Industries)
- Represented the defendant in a federal securities fraud jury trial; after the jury first awarded the plaintiff a partial recovery, the trial court vacated the verdict based upon jury misconduct and entered a directed verdict in the defendant's favor, and the Court of Appeals affirmed; the client prevailed in full (Christy v. Cambron)
- Represented the plaintiff in a breach of fiduciary duty trial in Colorado state court in which the defendants, Board of Directors members, diverted funds from the sale of corporate assets to their personal use; the client prevailed in full at trial and on appeal (McHugh v. Ficor)
- Defended an NYSE gold mining company in a several-weeks-long arbitration involving environmental permitting problems and claims of force majeure; the client prevailed in full on all claims (Crown Resources, Inc. v. Battle Mountain Gold, Inc.)
- Defended in Colorado state court a major California savings and loan association against lender liability and fraud claims; after a two-week trial, the jury returned a verdict in favor of our client on all claims (San Angelo & Co. v. American Savings & Loan)
- Defended in a three-week jury trial in Colorado state court charges of fraud in the sale of a professional sports franchise; plaintiff sought recovery of the full amount paid for the franchise and reimbursement of multimillion-dollar losses incurred during his ownership; the jury awarded only about 20 percent of the purchase price and no operating losses (Spedding v. Blanding)
- Participated as co-counsel in defending in U.S. District Court alleged misappropriation of the patent rights to an internationally marketed pharmaceutical product; an initial four-week trial, an appeal, a retrial, and a second appeal took place before plaintiff prevailed in pursuit of royalty damages (University of Colorado v. American Cyanamid Co.)
- Represented a client in an NASD arbitration in which the claimant sought substantial damages based upon allegations of breach of fiduciary duty, fraud, negligence, and lack of suitability; the client prevailed in full on all claims (Exline v. The Elco Fund)
- Defended in Colorado state court an insurance carrier against claims arising out of its denial of coverage under a business interruption insurance policy covering a hydroelectric plant; the client prevailed in full on all claims (HDI v. CIGNA)