Daniel Spivey

Daniel Spivey joined the firm in 2021 after having practiced for over 10 years at prominent firms in Denver. Daniel maintains a litigation, real estate, business, and public entity law practice. Daniel has broad experience in all aspects of litigation in state and federal trial and appellate courts. In his litigation practice, Daniel has handled cases ranging from contract, real estate, construction, tort, and employment disputes to high profile lawsuits involving freedom of speech, civil rights, and discrimination.

Daniel advises individuals and businesses with respect to real estate development and transactions, land use issues, business formation and transactions, employment, contracts, leases, risk management, and compliance. Daniel also advises property owners associations and individuals on issues involving covenants, bylaws, rules and regulations, and the Colorado Common Interest Ownership Act.

Daniel advises the firm’s public entity clients regarding compliance with state law, open records and meetings laws, governmental immunity, land use, real estate, contracts, policy, employment, and litigation.

Legal Experience:

Law of the Rockies

Gunnison, Colorado

Member, 2024 to Present

Special Counsel 2021-2023

  • Represent individuals, businesses, and public entities in civil litigation.

  • Represent individuals, businesses, and non-profit organizations in areas of real estate, land use, business formation and transactions, employment, contracts, and property owners associations.

  • General legal advisor to public entities.

Semple, Farrington, Everall & Case, P.C.

Denver, Colorado/Crested Butte, Colorado

Special Counsel, 2016-2017/2018-2021

  • Represent Colorado school districts and public entities in litigation involving employment, contract, statutory, and civil rights claims.

  • General legal advisor to Colorado school districts and other public entities.

Davis Graham & Stubbs, LLP

Denver, Colorado

Associate, 2009-2016

  • Represent a variety of businesses in the areas of oil and gas, real estate, technology, and insurance.

  • Litigate a variety of business cases including contract, oil and gas, trademark, real estate, unfair competition, insurance, and tort.

  • General legal advisor to charter schools, school districts, and higher education institutions.

Massachusetts Attorney General’s Office

Boston, Massachusetts

Extern, 2008-09

Colorado Attorney General’s Office

Denver, Colorado

Law Clerk, Summer 2007

Practice Areas
  • Civil Litigation

  • Public Entity Law

  • Contract Law

  • Employment Law

  • Business Law

  • Real Estate Law

  • Education Law 

Boston College Law School
Juris Doctor, 2009

Colorado College
Bachelor of Arts, History, 2005
With Honors
Honors, Awards, and Activities

Planning Commission, Gunnison County, Alternate Commissioner, 2018-19

President, Colorado Hispanic Bar Association, 2015

Mentor, Law School Yes We Can, 2015-17

Recipient, Team of the Year Award, Colorado Lawyers Committee, 2011

  • For representing Colorado school districts pro bono in landmark public school funding lawsuit Lobato v. State

Colorado Bar Association, Appellate Pro Bono Program, 2011-13

Colorado Public Interest Fellow, Bell Policy Center, 2005-06

Admissions and Memberships
  • Colorado State Courts
  • United States District Court for the District of Colorado
  • United States Court of Appeals for the Tenth Circuit
  • Colorado Bar Association
  • Colorado 7th Judicial District Bar Association
  • Colorado Hispanic Bar Association
Representative Matters:
Business Law:
  • Advise businesses and individuals with reviewing and negotiating employment contracts, vendor contracts, commercial and residential leases, and equipment leases

  • Advise individuals through business formation, restructuring, sale, purchase, and other business transactions

  • Advise businesses and individuals regarding general employment issues

  • Advise businesses in structuring independent contractor relationships

  • Represented construction companies in contract lawsuits related to construction of retaining wall, subcontractor performance, and mechanic’s liens

  • Issued opinions regarding availability of insurance coverage for businesses facing losses

  • Advise businesses and individuals through the land use approval process at the county and municipal levels

  • Advise buyers and sellers in real estate transactions

  • Advise clients regarding easement agreements and disputes

  • Advise businesses and individuals regarding commercial and residential leases

  • Advise property owners associations and property owners regarding covenants, disputes between owners and associations, and the Colorado Common Interest Ownership Act

  • Represent construction and real estate development clients in negotiating contracts with owners, contractors, subcontractors, architects, and engineers

  • Represented individuals in adverse possession and prescriptive easement lawsuit

  • Represented real estate broker in breach of contract lawsuit

  • Represented real estate brokerage firm in trademark and unfair competition lawsuit

  • Advise public entities regarding employment, real estate, land use, and compliance with state law

  • Advised water and sanitation district in construction dispute for damaged water main

  • Advised water and sanitation district on issues involving contracts to lease water and share costs regarding infrastructure and services

  • Advised public entities regarding intergovernmental relations and agreements

  • Represented school districts in First Amendment lawsuits related to regulation of student off-campus social media activity

  • Represented school district in federal Title IX sexual assault lawsuit

  • Represented school districts in federal 42 U.S.C. § 1983 employee lawsuits for retaliation and discrimination

  • Represented school districts in contract and tort lawsuits

  • Represented public entities before the Colorado Civil Rights Commission and U.S. Equal Employment Opportunity Commission for employee claims of discrimination and retaliation

  • Advised school district regarding separation with high-level employee

  • Conducted internal investigation for public entity related to complaint of discriminatory conduct

  • Represented preschools in actions regarding childcare licenses

  • Regulation of Off-Campus Student Speech in the Social Media Age, December 2020, Colorado Council of School Board Attorneys, Denver, Colorado

  • A Roadmap to Defending School Districts in Title IX Disputes, National School Boards Association, Council of School Attorneys (paper only), March 2017, Denver Colorado

  • Bound and Determined: Does an Insurance Agent’s Knowledge of Claim Constitute Notice to the Insurer, American Bar Association, Tort Trial & Insurance Practice Session, February 2014, Phoenix, Arizona