Daniel Spivey

Daniel Spivey joined the Firm in 2021 and has over 10 years of experience representing Colorado public entities and businesses in litigation and as a general legal advisor.  Daniel helps clients solve difficult legal problems and has substantial experience advising clients through disputes.  He has broad litigation experience in state and federal trial and appellate courts and before state and federal agencies.  He has handled cases ranging from general contract, construction, and employment disputes to high profile lawsuits involving First Amendment freedom of speech, civil rights, and Title IX.  He advises clients on matters relating to contracts, leases, employment, insurance, compliance, risk management, and dispute resolution.  Before making the move to the Gunnison Valley in 2017, Daniel practiced at prominent firms in Denver, and has maintained a statewide practice since relocating.  With Law of the Rockies, Daniel will continue representing clients located in the Gunnison Valley and across the State of Colorado. 

Legal Experience:

Law of the Rockies

Gunnison, Colorado

Special Counsel, January 2021-Present

Law of the Rockies
Gunnison, Colorado
Special Counsel, January 2021-Present
 
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 and as a general legal advisor.
  • Advise clients on legal matters including contract negotiations, compliance, the Colorado Governmental Immunity Act, open records and open meetings laws, employee and student discipline, Title IX, charter schools, and dispute resolution, and conduct internal investigations involving employee complaints.
 
Davis Graham & Stubbs, LLP
Denver, Colorado
Associate, 2009-2016
  • Represent a variety of businesses in the areas of oil and gas, real estate, technology, insurance, and education.
  • Litigate a variety of business cases including contract, oil and gas, trademark, unfair competition, insurance, and workplace injury.
 
Massachusetts Attorney General’s Office
Boston, Massachusetts
Extern, 2008-09
  • Research legal issues involving Massachusetts state agencies
 
Colorado Attorney General’s Office
Denver, Colorado
Law Clerk, Summer 2007
  • Research legal issues involving Colorado state agencies
Practice Areas
  • Civil Litigation

  • Dispute Resolution

  • Public Entity Law

  • Contract Law

  • Employment Law

  • Education Law

  • Business Law

  • Real Estate Law

Education
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

Fellow, Bell Policy Center, 2005-06

  • Colorado College Public Interest Fellowship – public policy research to advance economic mobility in Colorado

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:
Public Entity Law:
  • Represent school districts in federal First Amendment lawsuits related to regulation of student off-campus social media activity
  • Represent school district in federal Title IX sexual assault lawsuit
  • Represent school districts in federal 42 U.S.C. § 1983 employee lawsuits for retaliation and discrimination
  • Represent public entities before the Colorado Civil Rights Commission and U.S. Equal Employment Opportunity Commission for claims of employee discrimination and retaliation
  • Advise water and sanitation district in construction disputes for damaged water main
  • Advise water and sanitation district on issues involving contract to lease water
  • Advise school district in separation with high-level employee
  • Conduct internal investigation for organization related to complaint of unlawful conduct
  • Represent preschools in actions regarding childcare licenses
  • Advise school districts regarding intergovernmental agreements
  • Advise public entity regarding benefits program for employees

Business Law:
  • Represent construction company in contract lawsuit related to construction of a retaining wall
  • Advise utility company regarding eminent domain and easement disputes
  • Advise technology business in structuring independent contractor relationships
  • Advise businesses and public entities with reviewing and negotiating contracts for employment, vendor contracts, and property and equipment leases
  • Represent real estate brokerage firm in trademark lawsuit
  • Represent oil and gas company in royalty lawsuit
  • Represent oil and gas company in serious bodily injury lawsuit
  • Conduct audit of organization’s policies for compliance with federal law
  • Advise businesses regarding insurance coverage matters

Presentations:
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

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