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Katie Custer

Associate

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

Katie Custer provides efficient and effective solutions for her clients’ litigation and business needs and skillfully creates remedies for policy holders, corporations, non-profit organizations, and municipalities.

She represents clients in federal and state court, mediation, and formal arbitration proceedings when complex commercial disputes arise involving insurance coverage, breach of contract, fraud, products liability, and government contract issues.  She has tried nineteen cases to verdict in state court, including eleven jury trials, litigated motions for preliminary injunction, argued numerous dispositive and nondispositive motions in state and federal courts, and conducted internal investigations.

Katie sits on Holland & Hart’s Women’s Forum and actively works to address issues facing women in the legal profession. 

Prior to joining Holland & Hart, Katie was a litigation attorney at McKenna Long & Aldridge.

Experience

Insurance and Risk Management

Katie helps companies understand, manage and transfer risk using insurance policies.  She advises clients on insurance coverage, oversees the negotiation process with insurers regarding coverage and exclusions and recovery of damages, and, where necessary, guides clients through coverage litigation.

Commercial Litigation

Katie has successfully represented clients in complex commercial cases involving insurance coverage, bad faith, trade secret misappropriation, fraud, breach of contract, duty of loyalty, unfair competition, and government contracts issues.  She assists clients in all stages of litigation, including but not limited to: 

  • Pre-suit negotiations and demands
  • Developing litigation strategies
  • Conducting written discovery and depositions
  • Drafting and arguing dispositive and nondispositive motions
  • Retaining and working with experts
  • Selecting a jury
  • Trying cases to verdict
  • Negotiating settlements
     

Client Results

Commercial Litigation
  • In securities investigation, assisted client with response to subpoena from the Colorado Department of Securities that resulted in the closure of the investigation and avoided litigation.

  • Drafted dispositive motions, mediation statement, and assisted with settlement strategy in breach of contract and securities fraud case, which was favorably settled short of trial. 

  • Researched and analyzed key issues that were instrumental in defeating a Rule 23 motion to certify a large employment class.

  • Successfully drafted and argued motion to quash improper subpoena seeking billing records from Holland & Hart clients that involved insurance issues for the past five years, and obtained an award of attorney’s fees required to file motion.

  • Defeated motion for preliminary injunction that alleged irreparable harm resulting from purported misappropriation of trade secrets. 

Insurance Coverage
  • In coverage action, succeeded on motion for summary judgment regarding the inapplicability of the New Mexico Anti-Indemnity Statute, which ultimately led to a favorable settlement for the client.

  • Negotiated positive settlement on behalf of third party small business with insurer regarding coverage for a devastating fire caused by a subcontractor.

  • Prepared insurance broker for deposition and helped client avoid becoming a defendant in already pending litigation.

Pro Bono
  • In Section 1983 claim for failure to provide constitutionally adequate medical care under the Eighth Amendment, successfully defended against motion to dismiss and obtained ruling from United States District Court for the District of Colorado that the City and County of Denver has a non-delegable duty to provide constitutionally adequate healthcare to inmates.

  • Obtained full disability benefits on behalf of disabled veteran who had been improperly denied benefits for over ten years.

News

Publications

Education

Bar Admissions

Court Admissions

Recognition

  • Colorado Super Lawyers® Rising Stars, Insurance Coverage, 2018
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