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Complete Defense Verdict for Morning Gun Exploration, Represented by Nicole Westbrook and Javier Heres

March 12, 2025

Victory for Morning Gun: Jury Finds No Misappropriation of Trade Secrets

Jones & Keller PC is pleased to announce that a Denver jury has delivered a decisive victory for our client, Morning Gun Exploration LLC, in a trade secret dispute with Anschutz Exploration Corporation. After a four-day trial, the jury unanimously found that Morning Gun and its CEO, Paul J. Flatley,  did not misappropriate Anschutz’s alleged trade secrets. Morning Gun Exploration LLC was represented by Jones & Keller Shareholder Nicole Westbrook and Associate Javier Heres.

The case pitted Morning Gun, a small independent firm, against Anschutz, a powerful industry giant—a true David versus Goliath battle in the fiercely competitive oil and gas sector. Anschutz had accused Morning Gun of improperly obtaining confidential production data for its wells in Utah’s Uinta Basin and using it to secure a $9 million deal with SM Energy. However, the jury determined that while the well statistics at issue constituted a trade secret, Morning Gun did not improperly obtain or use that information.

This verdict reaffirms that Morning Gun acted lawfully and ethically in its business dealings. Jones & Keller PC is proud to have secured this win for our client and remains committed to defending businesses against unfounded trade secret claims.

For further details, please see the full article on Law360.

Nicole Westbrook, an attorney with Jones & Keller P.C., litigates complex business matters, achieving outcomes that improve lives, and is a trial instructor and frequent writer on legal issues. Nicole can be reached at nwestbrook@joneskeller.com.

Javier Heres is a litigator with Jones & Keller whose practice focuses on commercial litigation, securities and employment matters. He has experience in every stage of litigation. Having clerked for two Colorado district court judges, Javier is familiar with the inner-workings of courtroom management and the preparation it takes to secure favorable judgments. Javier can be reached at jheres@joneskeller.com.