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
  • 2013-2021 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 

Edward T. Lyons Best Lawyers 2021

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

SEC Proposes Order to Allow “Finders” in Private Offerings

SEC proposes a limited and conditional exemption from broker registration for finders who assist small business issuers in private offerings to accredited investors.

OSHA Complaints Rising in 2020

No company wants an on-site investigation or a citation from the federal government. Before either occurs, the employer will have an opportunity to respond to a complaint. Take preventative action now and know how to respond to a notice.

CONTRACT EXCULPATORY PROVISIONS IN THE TIME OF COVID

Force Majeure, impossibility, impracticality, frustration of purpose, and other contract hot button issues, as presented by Brad Hamilton for the CBA Business Law Institute.  By Brad Hamilton 1. FORCE MAJEURE   force majeure (fors ma-zhər) [Law French “a superior force”] (1883) An event or effect that can be neither anticipated nor controlled; esp., an unexpected […]

Our Best Lawyers® Sound Off on What Makes a Successful Client Relationship

Get to know our 2021 Best Lawyers® and what drives better client outcomes for the individuals, banks and businesses they serve. Having the right business lawyer and advisor advocating for you is key to any successful business. But what truly defines a successful client/lawyer relationship? We asked some of our Best Lawyers what one thing […]

Planning for Incapacity: An Often-Overlooked Aspect of Estate Planning

Join Dylan Metzner in this interactive workshop covering common scenarios and disputes that arise when an individual’s starts to experience mental instability with a discussion designed to uncover best practices that can minimize the risk and/or effect of family disputes and litigation.

Dylan Metzner to Moderate Panel at Upcoming Rocky Mountain Virtual Chapter

Join Dylan Metzner as he moderates a diverse panel of experts to discuss estate planning strategies including charitable giving and insurance trusts.

Business Document Drafting That Can Stand Up in Court: Litigation Perspective

Nicole Westbrook and Cash Parker presenting CLE on best practices for Business Document Drafting October 8 for mylawCLE.

Steve Suneson Addresses Foreign Company Growth in the U.S. at Denver Global Landing Pad

Steve Suneson returned to the Denver Global Landing Pad this year to present on legal and tax issues to companies interested in quickly expanding in Colorado and throughout the United States.

Howard Kenison Assumes Chair of ABA Section of Environment Energy and Resources

Howard Kenison elected Chair of the nation's premier forum for environment, energy and resources lawyers, advisors, and decision-makers.

Employment Litigation and COVID-19 Claims

Attorneys Larry Lee and Ian Kalmanowitz review potential claims that employers may face and strategies to deploy as businesses address the COVID-19 world in this live CLE on Monday, November 9, 2020.

Starting your own business in a COVID-19 environment

Going out on your own? Get started on a strong legal footing, by Dave Thayer, as featured in ColoradoBiz.

Women in Law with Judge Alia Moses and Nicole Westbrook

“What I will say, though, about women that are in law now, or starting out as maybe junior associates or trying to move up the ranks, maybe just coming out of law school, is that they have a lot of choices and a lot of potential. It’s an industry that is built on the backs […]

The Optimized CLAT: A Compelling Income Tax Deduction Vehicle Hiding In Plain Sight

In a year in which charities fear donations will be down, charitable lead annuity trusts (CLATs) encourage gifting to charities and provide generous wealth transfer benefits. By leveraging the current all-time low 7520 rate and using an Optimized CLAT, charitably inclined clients have a unique opportunity to eliminate annual income taxes, provide for charity, and transfer enormous wealth, free of gift and estate taxes.

SEC’s New ‘Accredited Investor’ Definition (Slightly) Expands Private Placement Investor Pool

Smaller private placements to individual accredited investors is the closest thing to an IPO for early stage companies in need of capital. The SEC’s narrowly passed new “accredited investor” amendment modestly expands the definition of accredited investor, increasing early stage business access to these funds.

INSIGHT: It’s Time to Address the Gender Divide in Law

The unconscionable actions and rantings that led up to the murder of the son of a New Jersey federal judge show the sad underbelly of gender discrimination in law. U.S. District Judge Alia Moses and Nicole Westbrook, a litigator with Jones & Keller, say the current construct of the legal profession feeds anti-feminist thinking, but it can change. Learn how we can constructively move toward an expedited and effective judicial process based on the facts of a case, not the gender of the attorneys trying or presiding over the case.

Attorneys