Ken Rossman helps clients resolve business disputes in both trial and appellate courts. He has significant experience litigating cases involving antitrust, securities law/breach of fiduciary duty, and legal malpractice allegations. Although he has handled everything from small to multibillion dollar litigation matters, Ken is often brought in on complex, high-stakes cases where experience and results matter most.
Antitrust Litigation. Ken has represented healthcare entities, airlines, financial institutions, municipalities, and other clients in antitrust actions. To help clients avoid litigation, he also performs antitrust audits and compliance counseling.
His representative antitrust litigation experience includes:
- Defending a healthcare institution against allegations of violations involving Sections 1 and 2 of the Sherman Act
- Defending an airline in multiple class action cases involving allegations of antitrust violations, and in a U.S. government lawsuit alleging violations of the Clayton Act
- Litigating federal antitrust claims on behalf of a major financial institution against credit card networks and various financial institutions
- Counseling a large telecommunications provider and a national brewing company on audit and compliance issues to identify areas of risk
Securities Litigation and Fiduciary Duty Defense. Ken represents companies and company leaders facing securities class actions, opt-outs, and shareholder lawsuits. He also has a strong track record defending directors and officers in alleged breach of fiduciary duty cases, often in the financial services context.
His representative securities litigation and fiduciary duty defense experience includes:
- Defending a major telecommunications company in a series of class action and opt-out securities fraud cases in federal and state courts
- Representing an investment advisor and advisor representative in an SEC investigation
- Litigating state court class action fraud case on behalf of investors against managers of a Ponzi scheme
- Defending an investment company and related individuals in state court fraud case
- Litigating a state court breach of fiduciary duty and fraud case against members of board of directors of state-regulated bank on behalf of trustee. Obtained favorable settlement for estate
- Defending members of a board of directors on behalf of a private equity investor in an action for breach of fiduciary duty.
Legal Malpractice Litigation. Ken routinely defends law firms in legal malpractice and professional liability cases.
His representative experience includes:
- Defending a large Denver law firm and an individual lawyer at trial in a $180 million dispute arising from legal advice provided by lawyers in a branch office. Obtained a complete defense verdict and judgment against plaintiffs for attorneys’ fees and costs
- Representing a regional law firm in a series of lawsuits arising from relationships between a former partner and individuals who participated in tax-advantaged transactions
- Lewis Roca Rothgerber Christie, LLP (legacy firm Rothgerber Johnson & Lyons LLP), 2008 - Present
- Partner, Counsel, and Associate, Boies, Schiller & Flexner LLP, 1999 – 2008?
- Associate, Crowell & Moring LLP, Washington, DC, 1998 – 1999?
- Judicial Clerk, The Honorable Wade Brorby, United States Court of Appeals for the Tenth Circuit, Cheyenne, WY, 1997 - 1998?
- Judicial Clerk, The Honorable Diane Gilbert Weinstein, United States Court of Federal Claims, Washington, DC 1996 - 1997?
- Author, "Key Tronic vs. United States: Ratifying an Inequitable Distribution of Private Party Costs Under Superfund by Refusing to Shift Attorneys' Fees," 4 Geo. Mason L. Rev. 113 (1995),