Ed Aro is a trial lawyer who represents companies in civil lawsuits and regulatory matters involving significant financial or reputational exposure. He has served as lead trial counsel in more than 30 jury trials, as well as in numerous bench trials and arbitrations. He has tried complex commercial, intellectual property, and employment actions, as well as construction, environmental, real estate, and criminal actions. He regularly counsels businesses concerning corporate governance, internal and government investigations, risk-management, and insurance matters. His clients include major companies in the financial services, software, life sciences, hospitality, real estate development, and telecommunications industries, among others.
Mr. Aro is a graduate of Boston University School of Law and served as a law clerk for the Honorable Richard P. Matsch, US District Court for the District of Colorado.
- Co-lead counsel to global provider of medical equipment services and products in related civil lawsuits involving patent infringement claims and a dispute concerning a failed merger.
- Lead trial counsel for major telecommunications carrier in a software licensing lawsuit arising from the defendant's surreptitious installation of software "locks" in mission-critical software licensed by the defendant to the plaintiff. Claims included violation of the Federal Computer Crimes and Abuse Act, a variety of tort claims, and violation of contractual provisions that entitled plaintiff to approximately US$85 million in liquidated damages.
- Lead trial counsel to biotechnology company involved in synthetic RNA syntheses in an industrial espionage and intellectual property lawsuit against several of its venture capital investors.
- Lead trial counsel for a coalition of national environmental groups who prevailed in civil action to block and ultimately overturn US Department of the Interior actions in connection with water rights in the Black Canyon of the Gunnison National Park.
- Lead counsel to audit committee of a FORTUNE 100 company in conducting an internal investigation of stock option grant practices and related regulatory matters.
- Lead counsel to major mutual fund company in connection with governance and employment-related aspects of a regulatory investigation.
- Lead counsel for publicly traded software company in a defamation action filed by a former officer based on the company's disclosures relating to an internal investigation and accounting restatement.
- Lead trial counsel for defendant corporation in a Sarbanes-Oxley whistleblower lawsuit filed by the client's former controller following an internal investigation and related corrective action.
- Lead trial counsel for professional corporation in a lawsuit filed by a former shareholder concerning ownership of custom software application developed by a joint venture between the client and co-defendant.
- Lead trial counsel for major resort operator in a lawsuit filed by a resort guest relating to a sexual assault allegedly perpetrated by a resort employee.
- Lead counsel to special committee of a publicly traded healthcare company concerning a dispute with a company officer over the officer's indemnification rights.
- Lead trial counsel for leading cable television programmer in defending against a claim that it and several other defendants had conspired to steal the idea for a new cable television network.
- Lead trial counsel for defendant, a major mutual fund complex, in a dispute from its alleged violation of an investment sub-advisory agreement under which the defendant managed a portfolio of investment assets belonging to investors in the plaintiff's propriety mutual funds.
- Lead counsel for oil and gas pipeline operator in a pair of lawsuits arising from the alleged formation of a partnership for the ownership and operation.
- Counsel for defendants in a dispute with a founding shareholder of a subsidiary in a novel cramdown and breach of fiduciary duty case arising from alleged irregularities in connection with the tax and share-exchange features of the subsidiary's acquisition.
- Lead trial counsel for telecommunications company in a dispute with a founding shareholder and former general counsel arising from allegations of breach of fiduciary duty, corporate waste, consequent diminution of the value of shareholders' interests, and violations of a shareholder rights agreement.
- Lead trial counsel for construction-industry specialty product marketing company in a series of lawsuits and arbitrations arising from a long-term, exclusive rights marketing and licensing agreement for a patented concrete production system. Claims involved violations of commercial "best efforts" marketing obligations, and counterclaims concerning noninterference by the licensor and loss of royalty and other income valued at more than US$25 million.
- Lead trial counsel for plaintiff corporation in a civil action to recover the proceeds of a sophisticated fraud perpetrated by a former employee and a co-conspirator who embezzled hundreds of thousands of dollars, were caught, and served federal prison sentences. Case involved tracing and collecting concealed assets and contesting on co-defendant's efforts to discharge her obligations through bankruptcy.
- JD, Boston University School of Law, 1989, magna cum laude
- BA, University of Denver, 1986
- US Court of Appeals for the Tenth Circuit
- US District Court for the District of Colorado
Member, American Bar Association
Member, Colorado Bar Association
Member, Denver Bar Association
- U.S. District Court, Colorado, Richard P Matsch