Attorneys

Edward Lyons
SHAREHOLDER

Ed specializes in commercial litigation, employment and labor law, public utilities law, and rail and motor carrier transportation. He has more than four decades of experience handling cases in state and federal courts and before administrative agencies in Colorado and across the United States. Ed is admitted to practice in all Colorado courts as well as the United States Supreme Court, the U.S. Courts of Appeal for the Fifth, Eighth, Ninth and Tenth Circuits, and the U.S. Court of Federal Claims. Ed has also practiced extensively before federal and state regulatory agencies and tribunals, including the Colorado Public Utilities Commission, U.S. Surface Transportation Board (formerly the Interstate Commerce Commission), Colorado Civil Rights Commission, U.S. Equal Employment Opportunity Commission, National Labor Relations Board, U.S Environmental Protection Agency, Occupational Safety & Health Administration, U.S. Securities and Exchange Commission, Federal Industry Regulatory Authority, and Federal Reserve Board.

Ed has been counsel of record in more than 50 reported cases in federal and state courts. He is Chairman of the Firm’s Litigation Section.

In addition to litigation, Ed also specializes in representing clients in business and regulatory matters involving railroads and motor carriers, and in assisting employers in the fields of labor and employment law. Prior to obtaining his J.D. degree at the University of Michigan Law School, Ed served as a commissioned officer in the United States Navy.

Experience

Ed’s litigation practice has encompassed virtually the entire spectrum of commercial litigation, including contract and property disputes, business and individual torts, civil rights, wrongful discharge, employment discrimination, public utilities and transportation, constitutional law, eminent domain and inverse condemnation, securities fraud and SEC enforcement, construction disputes, banking, wrongful competition, intellectual property, and insurance. Some of Ed’s significant achievements include:

  • Upholding the sovereign immunity from suit of two American Indian tribal business organizations that engage in making short-term (“pay-day”) loans via the Internet in a nearly decade-long litigation that culminated in the dismissal of subpoena-enforcement actions brought by the Colorado Attorney General and featured two victories in the Colorado Court of Appeals and a landmark decision of the Colorado Supreme Court defining and establishing arm-of-the-tribe sovereignty.
  • Vindicating the right of the developer of a large-scale interstate municipal solid waste disposal site in South Dakota to an award of just compensation from the State of South Dakota, under the Fifth and Fourteenth Amendments of the U.S. Constitution, for a regulatory taking of the landfill resulting from a state-wide referendum that stopped the development. This multifaceted litigation covered more than a decade and involved two jury trials and 12 published opinions of state and federal courts, including multiple decisions of the South Dakota Supreme Court and the U.S. Court of Appeals for the Eighth Circuit.
  • Obtained a multi-million reparation award in favor of a major oil company against electric utilities for excessive charges for electric power resulting from a discriminatory rate design. This again involved a decade-long series of cases that originated before the Colorado Public Utilities Commission and resulted in successful appeals and related civil litigation in Colorado trial courts and the Colorado Supreme Court.
  • Most recently, upholding a railroad’s right to authorize a municipality to construct a pedestrian and bicycle trail within the railroad right-of-way easement over the objection of an adjacent landowner in a precedent-setting decision of the Colorado Court of Appeals adopting the “incidental-use” doctrine as part of Colorado law.

 

Significant Representations

Federal Cases

  • AT&T Intellectual Property II, L.P. et al v. aioTV, Inc., 2014 WL4052803___F.Supp.2d___(N.D.Ga.2014)
  • Audler v. CBC Innovis, Inc., 519 F.3d 239 (5thCir.2008)
  • Estate of McMorris v. Comm’r. of Internal Revenue., 243 F.3d 1254 (10thCir.2001)
  • In re SDDS, Inc., 225 F.3d 970 (8thCir.2000), cert. denied 532 U.S. 1007 (2001)
  • In re SDDS, Inc., 97 F.3d 1030 (8thCir.1996)
  • SDDS, Inc. v. State of South Dakota., 47 F.3d 263 (8thCir.1995)
  • Railway Labor Executives’ Ass’n v. U.S., 697 F.2d 285 (10thCir.1983)

 

State Cases

  • Durango & Silverton Narrow Guage Railroad Co. v. Wolf, ___ P.3d ___, 2013 COA 118 (Colo.App.2013)
  • Cash Advance and Preferred Cash Loans v. State of Colorado, 242 P.3d 1099 (Colo.2010)
  • State ex rel. Suthers v. Cash Advance, 205 P.3d 389 (Colo.App.2008), cert. granted (Colo.2009)
  • Department of Revenue v. Durango & Silverton Narrow Gauge R.R. Co., 989 P.2d 208 (Colo.App.1999)
  • SDDS, Inc. v. State of South Dakota, 569 N.W.2d 289 (S.D.1997), cert. denied 523 U.S. 1118 (1998)
  • Atlantic Richfield Co. v. District Court, Montrose County, 794 P.2d 253 (Colo.1990)
  • Colorado-Ute Elec. Ass’n, Inc. v. Public Utilities Com’n, 760 P.2d 627 (Colo.1988)
  • Trans-Western Express, Ltd. v. Local Union No. 17, Intern. Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America, 603 P.2d 959 (Colo.App.1979)

 

Honors / Distinctions

  • 2007-2017 Colorado Super Lawyers – Business Litigation
  • 2008-2017 Super Lawyers, Corporate Counsel Edition – Business Litigation
  • 2011-2017 Super Lawyers, Business Edition – Business Litigation
  • 2013-2017 Best Lawyers® – Commercial Litigation/Litigation – Securities

 

Admitted to Practice Before

  • Colorado Supreme Court
  • U.S. Supreme Court
  • U.S. Court of Appeals, 10th Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. Court of Appeals, 8th Circuit
  • U.S. Court of Appeals, 5th Circuit
  • U.S. District Court, District of Colorado
  • U.S. Court of Federal Claims
  • U.S. Tax Court

 

Professional and Community Affiliations

  • City Councilman, Greenwood Village, Colorado, City Council (1969-1973)
  • Committee on Conduct, U.S. District Court, District of Colorado (Chairman 1997-2000)
  • Judge William E. Doyle American Inn of Court, Master of the Bench (Emeritus)
  • Colorado Bar Association
  • Denver Bar Association

 

Practice Areas
Litigation
Transportation and Utilities

 

 

Awards 

Print Friendly, PDF & Email
  • EDUCATION
  • LICENSED IN
  • PRACTICE AREAS

EDUCATION

J.D., University of Michigan, 1959

B.S., College of the Holy Cross, 1953

LICENSED IN

Colorado

Use of Waivers to Reduce Liability from COVID-19

As Colorado transitions to a phased economic reopening, businesses should consider requiring customers to sign liability waivers.

More Trouble with Finders: States Don’t Like Them, Either!

Frustrated by a lack of federal response to lingering inaction, some states are easing into their own requirements for broker-dealer registration when using finders to secure private funding. 

Howard Kenison Recognized in 2020 Chambers USA

Howard Kenison has earned national recognition as a leading environmental law and litigation attorney in Colorado in the current edition of Chambers USA 2020, a directory of top lawyers and law firms.

Jones & Keller Welcomes Steve Suneson

Steve Suneson brings strong commercial business and international transaction experience to the Jones & Keller team.

Past ABA SEER Section Chairs Share Their COVID-19 Experiences

The pandemic’s impact varies based on local, state, and regional factors. Here's how two past SEER Section chairs see the pandemic affecting their practices.

After the Storm: Force Majeure, Impossibility, Impracticability, and Frustration of Purpose

Several concepts of contract law may provide the non-paying party relief from default and breach of contract claims or termination when the cause is government ordered closure due to a pandemic.

Business Document Drafting from a Litigation Perspective

A webinar devoted to drafting contracts that will stand up in the court, hosted by Nicole Westbrook and Cash Parker for the Colorado Bar Association on May 20, 2020. 

COVID-19 Raises Legal Pressures on Businesses

Business contracts and financial agreements may have hidden risks triggered by today's pandemic. Curb those risks with a real-time review of your operating agreements and legal contracts. Here's where to start.

Securities and Exchange Commission Provides COVID-19 Relief

By Dave Thayer The SEC recently issued orders (Release No. IA-5469 and Release No. 34-88318) providing conditional regulatory relief and assistance to reporting companies impacted by the COVID-19. If certain conditions are met, the order provides companies an additional 45 days to file certain Securities and Exchange Act of 1934 (the “Exchange Act”) reports otherwise […]

Jones & Keller Response to COVID-19

Delivering consistent legal services and the health and well-being of our clients, firm members, and colleagues is guiding our decisions as we collectively respond to developments in the COVID-19 outbreak.

Directed Trusts in Estate Planning CLE

Join Dylan Metzner and Jeffrey Kadavy for a live 90-minute CLE webinar on directed trusts in estate planning.

11 Jones & Keller Attorneys Named to Super Lawyers and Rising Stars Lists

Please join us in congratulating this year’s selections to the 2020 Colorado Super Lawyers and Rising Stars lists.

Jones & Keller advises Wagner Wealth Management in its sale to Private Capital Management, a subsidiary of Guaranty Bank and Trust Company

Jones & Keller acted as corporate and securities counsel to Wagner Wealth Management in the transaction.

Managing the Toxic ‘How Much Did You Make’ Interview Question

Colorado joins the growing number of states and jurisdictions fighting wage gap with bans on salary history questions. By Larry Lee, as featured in Law Week Colorado.

Attorneys