Ed Aro is a seasoned trial lawyer who represents companies in civil lawsuits and regulatory matters involving significant financial or reputational exposure. He has served as lead trial counsel in dozens of jury trials, as well as in numerous bench trials and arbitrations. He has tried complex contract, fraud, fiduciary duty, intellectual property, securities, tort and whistleblower cases, and frequently represents major companies in the data center, financial services, insurance, software, life sciences, hospitality, real estate, and telecommunications industries, among others. He also regularly counsels businesses concerning corporate governance, internal and government investigations, risk-management, and insurance matters.
Leading industry publications routinely rank Mr. Aro among Colorado's top trial lawyers:
- Chambers USA has ranked Mr. Aro since 2004, calling him a "bright, passionate trial lawyer" and adding, "He is a fantastic orator, a really powerful negotiator and he has a great presence."
- Mr. Aro is perennially listed as a Colorado "Super Lawyer," has carried a Martindale Hubbell "AV" rating for more than 20 years, and has been recognized by Best Lawyers in America, The Corporate Counsel Black Book, and other publications.
Mr. Aro is a graduate of Boston University School of Law and served as a law clerk for the Honorable Richard P. Matsch, US District Court for the District of Colorado.
Experience
- Lead trial counsel for major data center operator in multiweek jury trial on breach of contract and intellectual property claims involving nine-figure business exposure. Jury returned a verdict for client on all 14 claims and counterclaims after one hour of deliberations.
- Lead trial counsel for major midstream gas company in arbitration arising from contracts governing processing plant and pipeline operations; prevailed on all claims.
- Lead trial counsel for major natural gas processor in dispute arising from a business partner's effort to terminate a long-term gas processing contract. Client prevailed on all claims.
- Lead trial counsel for investor in 27,000 acre commercial ranching operation. Prevailed on all claims after multi-week trial on claims against managing member of enterprise for fraud and breach of fiduciary duty, resulting in multimillion dollar award.
- Trial counsel for multinational insurance company in coverage dispute arising from fidelity bond and alleged corporate misconduct by insured’s management team. Plaintiff sought total damages exceeding $100 million. Settled on very favorable terms after 3 trial days.
- Lead trial counsel for master developer of 5,600 acre master planned community in litigation against landowner within development. Claims during 7 week jury trial included demand for $118 million in damages.
- Co-lead counsel to global provider of medical equipment services and products in related civil lawsuits involving patent infringement claims and a dispute concerning a failed merger.
- Lead trial counsel for major telecommunications carrier in a software licensing lawsuit arising from the defendant's surreptitious installation of software "locks" in mission-critical software licensed by the defendant to the plaintiff. Claims included violation of the Federal Computer Crimes and Abuse Act, a variety of tort claims, and violation of contractual provisions that entitled plaintiff to approximately $85 million in liquidated damages.
- Lead trial counsel to biotechnology company involved in synthetic RNA syntheses in an industrial espionage and intellectual property lawsuit against several of its venture capital investors.
- Lead trial counsel for a coalition of national environmental groups that prevailed in civil action to block and ultimately overturn US Department of the Interior actions in connection with water rights in the Black Canyon of the Gunnison National Park.
- Lead counsel to audit committee of a FORTUNE 100 company in conducting an internal investigation of stock option grant practices and related regulatory matters.
- Lead counsel to major mutual fund company in connection with governance and employment-related aspects of a regulatory investigation.
- Lead counsel for publicly traded software company in a defamation action filed by a former officer based on the company's disclosures relating to an internal investigation and accounting restatement.
- Lead counsel for senior executive in regulatory investigation of issues arising from management and marketing of mutual funds by affiliates of multinational financial services firm.
- Lead trial counsel for defendant corporation in a Sarbanes-Oxley whistleblower lawsuit filed by the client's former controller following an internal investigation and related corrective action.
- Lead trial counsel for professional corporation in a lawsuit filed by a former shareholder concerning ownership of custom software application developed by a joint venture between the client and co-defendant.
- Lead trial counsel for major resort operator in a lawsuit filed by a resort guest relating to a sexual assault allegedly committed by a resort employee.
- Lead counsel to special committee of a publicly traded healthcare company concerning a dispute with a company officer over the officer's indemnification rights.
- Lead trial counsel for leading cable television programmer in defending against a claim that it and several other defendants had conspired to steal the idea for a new cable television network.
- Lead trial counsel for defendant, a major mutual fund complex, in a dispute from its alleged violation of an investment sub-advisory agreement under which the defendant managed a portfolio of investment assets belonging to investors in the plaintiff's propriety mutual funds.
- Lead counsel for oil and gas pipeline operator in a pair of lawsuits arising from the alleged formation of a partnership for the ownership and operation.
- Counsel for defendants in a dispute with a founding shareholder of a subsidiary in a novel cramdown and breach of fiduciary duty case arising from alleged irregularities in connection with the tax and share-exchange features of the subsidiary's acquisition.
- Lead trial counsel for telecommunications company in a dispute with a founding shareholder and former general counsel arising from allegations of breach of fiduciary duty, corporate waste, consequent diminution of the value of shareholders' interests, and violations of a shareholder rights agreement.
- Lead trial counsel for construction-industry specialty product marketing company in a series of lawsuits and arbitrations arising from a long-term, exclusive rights marketing and licensing agreement for a patented concrete production system. Claims involved violations of commercial "best efforts" marketing obligations, and counterclaims concerning noninterference by the licensor and loss of royalty and other income valued at more than $25 million.
- Lead trial counsel for plaintiff corporation in a civil action to recover the proceeds of a sophisticated fraud perpetrated by a former employee and a co-conspirator who embezzled hundreds of thousands of dollars, were caught, and served federal prison sentences. Case involved tracing and collecting concealed assets and contesting on co-defendant's efforts to discharge her obligations through bankruptcy.
Perspectives
Recognition
Credentials
Education
- J.D., Boston University School of Law, 1989, magna cum laude
- B.A., University of Denver, 1986
Admissions
- Colorado
- U.S. Court of Appeals for the Tenth Circuit
- U.S. District Court, District of Colorado
Clerkships
- U.S. District Court, District of Colorado, The Honorable Richard P. Matsch
Activities
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Member, American Bar Association
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Member, Colorado Bar Association
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Member, Denver Bar Association