Practice Group: Litigation
Licensed In: Colorado
A versatile litigator, Nicole Westbrook has tried and argued business matters from both sides of the aisle, plaintiff and defendant, winning hard-fought insights along with outcomes that improve her clients’ lives. From defamation to breach of fiduciary duties to fraud, complex contract disputes, commercial real estate litigation, and all else between, Nicole litigates matters in federal and state courts and arbitration venues throughout the United States.
A former federal law clerk in the busiest trial court in the United States, Nicole’s trial practice focuses on one thing: the success of her clients. She works with dedication and commitment to prevail in significant, high-stakes business disputes that others will not try. Past successes in underdog cases of IP theft and trade secret litigation have restored claimant property to the rightful owners and defended against millions of dollars in claimed damages.
Nicole is also a practicing MLM trial attorney with experience defending network marketing companies and distributors in private litigation against MLMs. She brings a highly developed understanding of the laws–statute and case, regulations, and self-regulatory restraints in place to prevent fraud, securities violations, and FTC complaints. She handles all aspects of litigation from injunctions to investigations, discovery, mediation, arbitration, litigation and settlement in matters of conflict between distributors, breaches of policies and procedures by distributors, misleading sales tactics, shareholder disputes and privacy issues, and other areas of legal controversy involving MLMs.
Putting the client first also means giving clients greater access to talented and skilled attorneys. Nicole is an instructor for the National Institute for Trial Advocacy (NITA), where she builds the skills of fellow litigators. She’s been named a Martindale Hubble AV-Preeminent Attorney and to Super Lawyers as well as named a Super Lawyers “Rising Stars”, recognized as an “Up and Coming Lawyer” and a “Compleat Lawyer” by Law Week Colorado.
- Breach of fiduciary duty in actions between business partners, corporate shareholders or LLC unitholders and the business, corporation, or LLC, principal and agent, trustee and beneficiary, and derivative actions
- Cannabis/hemp representation or litigation, including breach of contract, breach of fiduciary duty, fraud, landlord/tenant, real estate and related issues
- Civil conspiracy or collusion
- Commercial real estate litigation from acquisition and financing to development and construction to management and leasing, tenant hold-over issues and other disagreements
- Contract litigation for businesses and individuals in all forms, including licensing agreements, buy-sell agreements, loan agreements, and employment contracts, and inducement to breach a contract
- Defamation and internet defamation litigation
- Fraud, including securities fraud, embezzlement, tortious interference, omission of material facts, negligent misrepresentation, and fraudulent misrepresentation
- Multi-level marketing litigation, including cross recruiting, non-compete violations, and policy & procedure violations
- Probate and wills litigation, such as challenges to the validity or provisions of a will or trusts, power of attorney disputes, trust modification or reformation lawsuits, trust termination, disinheritance issues, and undue influence
- Tort litigation related to business issues, such as tortious interference with prospective business advantage and tortious interference with business
- Trade Secrets
- Unjust enrichment claims where there is no written contract
- Vanderbilt University Law School, J.D.
- University of Wyoming, B.S., with honors
- Colorado Bar Association
- Tenth Circuit Court of Appeal
- Seventh Circuit Court of Appeals
- U.S. District Court for the District of Colorado
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. District Court for the Eastern District of Wisconsin
- Faculty of Federal Advocates
- Faculty for the National Institute for Trial Advocacy
- Denver Metro Chamber of Commerce, LD Class 2008
- GameStop, Overstock and Barry Minkow: Justice in the Short Sale Squeeze? Nicole Westbrook
- State of the Colorado Courts: What the Backlog Means for Trials in the Pipeline, Nicole Westbrook for the National Institute for Trial Advocacy
- Insights: It’s Time to Address the Gender Divide in Law, by Judge Alia Moses and Nicole Westbrook, as featured in Bloomberg Law
- Drafting Business Contracts: Advice From Litigators to Prevent Ambiguity, hosted by Nicole Westbrook and Cash Parker for Strafford Publishing, August 2020
- Insights: Fighting the Equalizing Effects of Remote Arbitration, by Nicole Westbrook, as featured in Bloomberg Law.
- Business Document Drafting from a Litigation Perspective, a webinar for drafting contracts that will stand up in the court. Hosted by Nicole Westbrook and Cash Parker for the Colorado Bar Association, May 2020
- “CO Hemp Clone Farm, “National Hemp Exchange”, Used Client’s Money for Own Investment Purposes,” Nicole Westbook quoted based on litigation,Cannabis Law Report
- “Winning In Arbitration: From Agreement to Trial,” Bloomberg Law, January 2020
- “Rocky Mountain Deposition Skills,” National Institute for Trial Advocacy, December 2019, December 2018
- “This New Colorado Law Champions Free Speech“, ColoradoBiz, June 2019
- “Trial Skills with the Catholic Legal Immigration Network,” National Institute for Trial Advocacy, July 2019