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Kevin McAdam

Associate

555 17th Street, Suite 3200, Denver, CO 80202

Kevin McAdam represents individual and corporate clients in federal and state courts, as well as at mediation and before international arbitration tribunals.

Kevin's practice focuses on complex commercial litigation in the areas of financial services, securities, and commercial real estate, including breach of contract, shareholder derivative, securities class action, breach of fiduciary duty, fraud, and business divorce cases. He has conducted internal and governmental investigations, litigated motions for preliminary injunction, and tried cases to a jury in federal court and to a neutral at arbitration.

Kevin sits on Holland & Hart’s recruiting and diversity committees.

Before joining Holland & Hart, Kevin clerked for the Honorable Christine M. Arguello on the U.S. District Court for the District of Colorado and for Judge John R. Webb on the Colorado Court of Appeals. In law school, Kevin interned for then-Judge Neil M. Gorsuch on the Tenth Circuit Court of Appeals and for then-Colorado Solicitor General Daniel D. Domenico.

Experience

Commercial Litigation

Kevin assists clients at all stages of litigation, including:

  • Responding to or issuing demand letters or subpoenas
  • Developing litigation strategies
  • Conducting written and deposition discovery
  • Working with experts
  • Drafting dispositive motions
  • Arguing hearings
  • Preparing witnesses to testify
  • Trying cases
  • Assisting with appeals
  • Negotiating settlements
Securities Litigation

Kevin represents individual and corporate clients in a variety of securities-related proceedings, such as:

  • Class actions
  • Shareholder derivative suits
  • SEC enforcement proceedings
  • Internal and governmental investigations
Commercial Real Estate Litigation

Kevin has broad experience in commercial real estate disputes, such as:

  • Litigating breach of lease actions on behalf of landlords and tenants
  • Defending personal guarantors
  • Quieting title to and foreclosing on real property

Client Results

Commercial Litigation
  • Defended investment advisory firm and individual investment advisors in breach of fiduciary duty matter which, after week-long arbitration hearing, ended in complete defense victory and order that plaintiff pay all defense costs and attorney fees.

  • Litigated $200 million fraud case on behalf of mining client defendant to successful resolution in which plaintiffs consented to judgment entering against them.

  • As plaintiff’s counsel, obtained TRO in trade secrets/covenant-not-to-compete case, which led to favorable settlement.

  • As defense counsel, defeated motion for TRO in trade secrets/covenant-not-to-compete case, in which plaintiff then voluntarily dismissed the action and entered into settlement when served with motion for sanctions.

  • On behalf of controlling owners, successfully defended derivative action in business divorce case, then sued minority owner on behalf of company, obtained preliminary injunction, and entered into favorable settlement. 

  • In adversary proceeding in bankruptcy court, on behalf of Colorado-based investment company that owned a multi-million-dollar loan, on which the debtor had successfully evaded liability for a decade, litigated the case to favorable settlement within one year of being hired as counsel.

  • Obtained voluntary dismissal of replevin action within one hour of filing motion to dismiss on behalf of national financial services client.

  • Achieved complete dismissal of breach of contract action for lack of jurisdiction on behalf of individual client in stock sale case.

  • Successfully represented financial regulatory body in over 600 broker-dealer expungement matters.

Securities Litigation
  • Successfully defended target of SEC insider trading investigation, resulting in SEC declining to pursue enforcement action.

  • Obtained complete dismissal on behalf of individual client in LLC derivative action.

  • Successfully defended individual clients against five dispositive motions and argued jury instructions during final trial preparation conference, after which case settled favorably.

  • Conducted voluntary internal investigation of securities fraud allegations for national financial services client that succeeded in avoiding charges by the SEC.

  • On behalf of Fortune 500 company faced with defending parallel state court shareholder derivative action, removed action to federal court, defeated remand motion, and consolidated action with others in federal court, saving client significant expense and establishing new Tenth Circuit law regarding "forum defendant" rule.

  • In $10 million shareholder derivative action before American Arbitration Association's International Centre for Dispute Resolution, briefed, argued, and successfully defeated motion to dismiss on behalf of international mining client that subsequently obtained 100% of relief sought at arbitration.

  • In three-year federal court confirmation matter, successfully defended arbitration award entered in favor of international mining client.

Commercial Real Estate Litigation
  • On behalf of property management company landlord, achieved 100% of relief sought against tenant and personal guarantor in breach of lease action.

  • On behalf of national restaurant client and commercial lease tenant, negotiated favorable settlement after serving landlord with action for declaratory judgment and breach of lease.

  • Successfully defended personal guarantors of lease to distillery space, asserted counterclaims and crossclaims, and negotiated favorable settlement.

  • In action to quiet title to commercial property, obtained summary judgment for individual plaintiff, then obtained summary judgment again in follow-on foreclosure action.

News

Publications

Speaking Engagements

Education

Bar Admissions

Court Admissions

Recognition

  • Colorado Super Lawyers® Rising Stars, Business Litigation, 2018-2020

Professional and Civic Affiliations

  • Mile High Youth Corps,
    Member, Board of Directors, 2014-present
    Secretary, Executive Committee, 2019-present
    Chair, Nominating Committee, 2015-2019
  • Law School . . . Yes We Can, Mentor, 2015-2017
  • Lawyers in the Classroom, Volunteer, 2015-present
  • Catholic Lawyers Guild of Colorado
    Member, 2013-present
    Member, Board of Directors, 2019-present
    President, 2018
    Treasurer, 2017
    Secretary, 2016
  • Alliance Defending Freedom, Blackstone Fellow, 2008-present
  • Colorado Bar Association Civil Rights Committee, Member, 2011-2016
  • American Bar Association, Member
  • Colorado Bar Association, Member
  • Denver Bar Association, Member
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