Attorneys

Nicole Westbrook
SHAREHOLDER

Clients want to know, is my case worth fighting? After reviewing the facts of your case, Nicole will let you know. Her insights are hard-fought in 12+ years of litigating business matters and achieving outcomes that improve her clients’ lives. From defamation to breach of fiduciary duties to fraud, complex contract disputes, commercial real estate litigation, and all else between, Nicole tries and argues matters from both sides of the aisle, plaintiff and defendant, in federal and state courts and arbitration venues throughout the United States.

A former federal law clerk in the busiest trial court in the United States, Nicole’s trial practice focuses on one thing: the success of her clients. She works with dedication, tenacity and commitment to prevail in significant, high-stakes business disputes that others won’t try. Past successes in underdog cases of IP theft and trade secret litigation have restored claimant property to the rightful owners and defended against millions of dollars in claimed damages.

Putting the client first also means giving clients greater access to talented and skilled attorneys. Nicole is an instructor for the National Institute for Trial Advocacy (NITA), where she builds up skills of fellow litigators. She’s been named a Super Lawyers Rising Star and recognized as an “Up and Coming Lawyer” and a “Compleat Lawyer” by Law Week Colorado. Nicole was also nominated “Forty Under Forty” by The Denver Business Journal.

 

Experience

Complex Commercial Litigation – Select Areas of Focus

  • Breach of fiduciary duty in actions between business partners, corporate shareholders or LLC unitholders and the business, corporation, or LLC, principal and agent, trustee and beneficiary, and derivative actions
  • Civil conspiracy or collusion
  • Commercial real estate litigation from acquisition and financing to development and construction to management and leasing, tenant hold-over issues and other disagreements
  • Contract litigation for businesses and individuals in all forms, including licensing agreements, buy-sell agreements, loan agreements, and employment contracts, and inducement to breach a contract
  • Defamation and internet defamation litigation
    Fraud, including securities fraud, embezzlement, tortious interference, omission of material facts, negligent misrepresentation, and fraudulent misrepresentation
  • Multi-level marketing litigation, including cross recruiting, non-compete violations, and policy & procedure violations
  • Probate and wills litigation, such as challenges to the validity or provisions of a will or trusts, power of attorney disputes, trust modification or reformation lawsuits, trust termination, disinheritance issues, and undue influence
  • Tort litigation related to business issues, such as tortious interference with prospective business advantage and tortious interference with business
  • Trade Secrets
  • Unjust enrichment claims where there is no written contract

 

Significant Representations

  • Successfully defended a trade secret and civil conspiracy case in which the plaintiff, a nutraceutical company, sought millions of dollars from my client for allegedly stealing proprietary information and engaging in a competing business.
  • Successfully stopped the HOA of an exclusive Colorado mountain resort facility from modifying the fractional interest calendar, which would have removed the Thanksgiving and Christmas holiday ownership period from the client’s penthouse.
  • Successfully represented an oil and gas company in a complicated breach of contract case with declaratory relief to obtain shares of the company wrongly sold by a unitholder of the company in violation of a right of first refusal contained in the LLC Agreement.
  • Represented a minority holder in a closely held company that was subject to a complex merger that resulted in significant devaluation to the client’s interest in the company.
  • Represented party running for Colorado State public office in defense of a character trying to defame and extort money from the candidate.
  • Represented the purchaser of a resort property near the Royal Gorge in a breach of contract and tortious interference with business case against the sellers of the property who destroyed or damaged numerous buildings and other critical resources of the resort before leaving; removed vehicles from the property that were to remain on the property; failed to disclose material defects on the property; and tried to prevent vendors from supplying the new owners.
  • Sued a major television syndicate for defamation against a Colorado individual.

 

Honors / Distinctions

  • Instructor, National Institute for Trial advocacy (NITA)
  • Colorado Rising Star 2009-2017
  • Compleat Lawyer by Law Week Colorado 2010
  • Up and Coming Lawyer by Law Week Colorado 2009
  • Nominated Forty Under Forty by Denver Business Journal 2010

 

Admitted to Practice Before

  • Tenth Circuit Court of Appeals
  • Seventh Circuit Court of Appeals
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Eastern District of Wisconsin

 

Professional and Community Affiliations

  • Colorado Bar Association
  • Faculty of Federal Advocates
  • Denver Metro Chamber of Commerce, LD Class 2008

 

Awards

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  • PRACTICE AREAS
  • EDUCATION
  • LICENSED IN

PRACTICE AREAS

EDUCATION

Vanderbilt University Law School, J.D., 2002

University of Wyoming, B.S., with honors, 1999

LICENSED IN

Colorado

Annuities Sellers Beware: Advice May Trigger Enforcement

By Paul L. Vorndran Selling an annuity while advising investors about their securities investments will subject you to enforcement action by the Colorado Securities Commissioner. In the summer of 2018, the Colorado Securities Commissioner (Commissioner) adopted a rule which provides that an insurance agent who receives commissions from the sale of insurance products, where the […]

Investment or Financial Professional Titles: Making Sense of It All

(Originally published December 1, 2015) By Paul L. Vorndran Deciding upon whom to trust to deliver accurate and fair advice is an investor’s first difficult decision. In the investment world, a number of titles may be used by a professional offering various investments. But most of these are marketing tools issued by various organizations, and […]

ETF Recommendations Under Scrutiny

(Originally published December 1, 2015) By Paul L. Vorndran Regulators have been warning investors about investing in Exchange-Traded Funds (ETFs), a unit investment trust or open-end investment company whose shares represent an interest in a portfolio of securities that track an underlying benchmark or index.  In June 2009, those warnings were directed to broker-dealers and […]

Reid Godbolt Awarded the “Lifetime Achievement Award” by the Catholic Lawyers Guild of Colorado

Jones & Keller is pleased to announce that Reid A. Godbolt has been awarded the 2019 Lifetime Achievement Award by the Catholic Lawyers Guild of Colorado. The Lifetime Achievement Award is bestowed upon an attorney who has demonstrated outstanding lifetime contributions to religion, profession and country. “I am humbled and honored by this award and […]

Colorado Rejects Williamson “Presumption”

(Originally published December 1, 2015) By Paul L. Vorndran A panel of the Colorado Court of Appeals issued an opinion giving the Colorado Securities Commissioner a victory in a long standing effort to regulate joint ventures and general partnerships. In Rome v. HEI Resources, Inc. et al, 2014 CA 160, the Court first held that there is […]

Colorado Investment Adviser Revoked for Non-Securities Transactions

(Originally published December 1, 2015) By Paul L. Vorndran As a cautionary tale, Colorado licensed investment advisers should be mindful that non-securities transactions with their clients will be scrutinized by the Colorado Divisions of Securities. In December 2013, Secure Retirement Group, Inc. doing business as Secure Financial Group, Inc. and its principal, David L. Gonzales, […]

Colorado Securities Commissioner Loses Important Case Interpreting Definition of ‘Security’

(Originally published December 1, 2015) by Paul Vorndran Denver District Court recently determined that oil and gas joint venture interests promoted by Colorado companies HEI Resources, Inc. and Heartland Energy Development Corporation were not securities under the Colorado Securities Act. On October 17, 2013 following an intensely contested case brought by the Colorado Securities Commissioner, […]

Definition of ‘Note’ in Colorado Securities Act Limited

(Originally published March 17, 2016) by Paul L. Vorndran The Colorado Court of Appeals reversed a criminal conviction for securities fraud pursuant to C.R.S. § 11-51-501(1)(b) finding the trial court erred in refusing to give a proffered instruction that not all promissory notes are securities for purposes of the Colorado Securities Act (CSA).  In People v. Mendenhall, […]

Tax Traps for the Unwary

TAX TRAPS FOR THE UNWARY – EXECUTIVE COMPENSATION ISSUES IN M&A TRANSACTIONS (PART I: SECTION 280G) By Charles E. Wern, JD, LLM and D. Laird Blue, JD, LLM, Shareholders, Jones & Keller, PC Changes to the U.S. regulatory landscape and corporate tax law structure could spark increased M&A deal activity and strategic partnering in the banking […]

Jones & Keller President Brad H. Hamilton in Independent Banker

President of Jones & Keller and well-known securities attorney, Brad H. Hamilton, was quoted by Independent Banker in an article by Karen Epper Hoffman on the need for community banks to understand cybersecurity issues; how to provide cybersecurity direction at board meetings and executive events; learning to present online security issues in basic terms; introducing […]

Denver Business Journal Recognizes Jones & Keller, P.C. Women in Law

We are pleased to announce our women attorneys at Jones & Keller were covered in the April 27th edition of the Denver Business Journal, Women in Law. Congratulations to our attorneys, and thank you to the Denver Business Journal for focusing our attention to the important role they possess in our community.

Attorneys