Ben Abell is the Co-Founder of Goodr, a sunglass company that, in just six years, has expanded to 1,500+ stores in 30+ countries. Michelle Shepston is the Executive Vice President & Chief Legal Officer of DMC Global.

What does a typical day at work look like for you?

Ben: At this point, I’m mostly just our de facto general counsel though I do still have a bit of responsibility on the finance side of things. I would love to say that I plan out my days in advance and methodically check off items on my to-do list. In actuality, I’m usually running (digitally speaking) from one issue to another, trying to put out fires and keep our teams moving while also protecting the business. It’s organized chaos at its finest.
Michelle: There really is no typical day. I wear a lot of hats, and we have a streamlined management structure, so each day is different and involves a wide range of topics and issues. There is a steady hum of discussions on business and operational issues, HR and employment matters, IP and technology development, IP litigation strategy, compliance programs and ESG matters, among other things.

How has the coronavirus pandemic/return to work impacted your business?

Ben: It’s certainly been interesting. We only required people to come into work two days a week pre-pandemic, so we were pretty well set-up for the remote working situation. That said, we do run our own distribution center, so keeping all the folks there safe became our top priority. We’ve slowly been asking people to start coming back to work and are hoping to have a relatively normal work week by September or so.
Michelle: Since we are an essential business with global manufacturing, we have generally been at work the entire year. It has been an ongoing challenge to keep up with the ever-changing guidance and mandates in each jurisdiction and to ensure that employees feel safe and cared for. Sara Francavilla (also a Davis Graham alumna) has been a key member of the team handling these issues. I feel health and operational risks have been managed well, and we have engaged with local management in decision-making and implementation of policies and practices to encourage buy-in and support. We are hopeful that coronavirus impacts will lessen in the near future, but we know we can manage risks as they appear.

What is your favorite memory of working at the firm?

Ben: From a professional standpoint, it was closing the first acquisition I worked on. It was so satisfying to have all that work pay off and to see how pleased our client was. I also really enjoyed the Christmas parties.
Michelle: I have years of good memories at the firm, but my strongest feelings about the firm are of pride and gratitude. I was always proud of the standard of excellence that was followed by everyone in the firm. Attorneys and staff have always been committed to doing outstanding work and providing efficient service to Davis Graham clients. It is special to have been a part of that culture, and this commitment gives me great confidence as a current client of the firm. I am probably most proud of the relationships I had with fellow associates in the corporate group during my early days at the firm, many of which have continued to this day. There were many much-needed and entertaining lunches and coffee runs (thank you Kristin Lentz and Brian Boonstra) that were vital to keeping perspective about the challenges of deals, projects and work-life balance. We all consulted on difficult legal issues and offered help where needed. As we became more senior and looked with some angst toward partnership, many of us elected to work together on building business development skills and opportunities rather than worry about competitive concerns.

Who are some of the people at Davis Graham that had the greatest impact on you?

Ben: I have so many people that I owe a debt of gratitude to for teaching and mentoring me in my years at Davis Graham. I’d like to give a special shout out to the tech team of Trent Martinet, Matt Perkins, Zach Detra, and fellow Davis Graham alum Ryan Arney. Pantea Garroussi and Peter Schwartz were also amazing and generous with their time and expertise.
Michelle: There are so many people who had meaningful impacts on my career and on me personally. Deborah Friedman has been a long-time mentor and has taught me so much about life and the practice of law. I owe her a huge debt of gratitude. I also learned so much from Patricia Peterson, Larry Nemirow, Chris Richardson, Kristin Lentz, John Elofson and Brian Boonstra, and fellow Davis Graham alum Ron Levine, among many, many others.

What do you like to do for fun?

Ben: When it’s possible, traveling (especially internationally) is at the top of my list. While at home, it’s mostly just the basic Colorado stuff (hiking, snowboarding, etc.) with a healthy dose of reading and movie watching thrown in.
Michelle: We spend a lot of time in the mountains and enjoy hiking, skiing/snowboarding and just relaxing. We hope to spend a bit more time travelling in the future.

This presentation takes participants on a journey of “deconstructing” the real meaning of equity, inclusivity, and diversity. Participants will learn fascinating facts and insights that help us shift from learning and exploring to doing. The session is designed to inspire, intrigue, and energize us during a complex time in history. We will explore everything from definitions, history, power bases, imposter syndrome, and even address “diversity fatigue” – a condition that we all have at some point or another.

The confirmed speakers for this program, which has been approved for one Continuing Legal Education Equity, Diversity & Inclusivity (EDI) credit, a new CLE requirement in the state of Colorado, are as follows:

• Dr. Dwinita Mosby Tyler, The Equity Project, LLC, Chief Catalyst and Founder
• Tess Hand-Bender, Davis Graham, Partner (Moderator)

Event Information

August 25, 2021

8:00-9:00 AM MST

Registration for this webinar has closed. If you would like attend, please contact Lindsey Reifsnider at lindsey.reifsnider@davisgraham.com.

Julie Blaser and Ali Duerr were both associates at Davis Graham. Julie is now the Vice President & Assistant General Counsel at PDC Energy, Inc. and Ali is the Lead Counsel of Mechanical Circulatory Support & Defibrillation Solutions at Medtronic.

What does a typical day look like for you at work?

• Julie: Many, many meetings (currently via Teams) working with various company departments; every day is different, with new challenges and opportunities, which is why I love it so much!
• Ali: The only constant in my days is that they are fast paced. I am Lead Counsel to the Mechanical Circulatory Support Operating Unit and the Defibrillation Solutions Business, both of which provide therapies to patients with heart failure. I sit on the Leadership Team for each of these businesses and spend the majority of my day in meetings (now virtually) providing real-time advice to business leaders, including my president and functional leaders in Marketing, R&D, Quality, Regulatory, Clinical, Sales, Finance, Reimbursement, Human Resources, and Operations. I advise on risk, propose mitigation strategies, and offer strategic solutions on all commercial aspects of the business, including FDA regulatory issues, fraud and abuse issues (Anti-Kickback Statute and False Claims Act), and business development efforts and strategies, etc. As a business legal advisor, I am constantly balancing the potential impact of my advice as it relates to day-to-day operations, long-term strategy, and product pipeline. While I quarterback all legal issues for my businesses, I also spend time during my day leveraging the expertise and resources offered on my legal team, such as litigation, data privacy, intellectual property, and contracting support, to deliver efficient and expert counsel to my businesses while protecting the integrity of the enterprise. I am expected to not only be a legal advisor but to also think and perform beyond my legal function and provide solution-centric advice as a business partner.

How has the coronavirus pandemic/WFH environment impacted your business?

• Julie: We’ve had to pivot from a very collaborative face-to-face environment to this virtual Teams environment. While there have been challenges in this transition (i.e. learning to lead from a computer screen), our company has done a tremendous job adapting to this new virtual setting, continuing to complete major tasks and projects effectively. I’m incredibly proud to say we haven’t missed a beat!
• Ali: The medical device industry experienced substantial change over the past year, as most companies were forced to quickly pivot business strategies as a result of the sharp decline in elective surgeries globally, disruptions in routine medical care access, and the desire/need to be nimble as the regulatory landscape consistently changed. With any new strategy, comes new issues and new risks, some of which were risks of first impression. An added complexity of the COVID-19 landscape is that while waivers to regulations were temporarily granted to ease the burden on the U.S. healthcare system, medical device manufacturers were not afforded those waivers, which presented unique opportunities and challenges while the circumstances changed daily. The pandemic has shined a brighter light on how crucial it is for legal counsel to stay out in front of business strategies and be proactive advisors. One of Medtronic’s many inspiring acts during the pandemic was publicly sharing its design specifications for one of its ventilators to allow other companies to manufacture and quickly ramp up ventilator production – our legal IP and commercial teams for the Surgical Innovations Group (largely based in Boulder!) worked hard to get this across the finish line in record time.

What is your favorite memory of working at Davis Graham?

• Julie: The people, without a doubt!
• Ali: Other than wrapping everything in Trent Martinet’s office in wrapping paper when he made partner, a favorite memory would have to be working with Matt Perkins and Zach Detra on the Prairie Disposal Inc. sale to R360 Environmental Solutions. The transaction presented many challenges, but it was very rewarding to work with these particular sellers. I still have my “Rockin’ the Bakken” bumper sticker (pinned on a corkboard in my office – not on my vehicle!).

Who are some of the people at Davis Graham that had the greatest influence on you and why?

• Julie: This is hard because there were truly so many. I have to give a shout-out to the people who got me in the door and continued to guide and mentor me: Trent & Niki Martinet, Deborah Friedman, and Brian Boonstra. Ali Duerr was a true friend and support system as we rose up the ranks together, starting as interns in 2010! Kristin Lentz, Patricia Peterson, and Michelle Shepston demonstrated incredible leadership, mentoring me and inspiring me as a working mom. Jenna Grange and Margee Fawley became true friends and confidantes. Zach Detra was a great mentor and friend. Not lastly (because there are so many more), but the current Davis Graham A team that supports me at PDC (John Elofson, Sam Seiberling, Kristin Lentz, Jonathan Marks, Brett Painter, Jon Bergman, and Chris Lane, to name a few).
• Ali: I am fortunate to have started my legal career at Davis Graham, and I learned so much from everyone I directly or indirectly worked with during my time at the firm. I am especially appreciative of the mentorship I received from Deborah Friedman, Patricia Peterson, Kristin Lentz, Brian Boonstra, Trent Martinet, and Zach Detra. Julie Blaser – we started our Summer Internships on the same day – was always a supportive colleague and still is a great friend. And I am thankful for the support and friendship of Sandy Mika.

“Companies trying to protect their good names are increasingly coming under assault from small-scale antagonists: dissatisfied customers, disgruntled employees – virtually anyone with a personal computer and an ax to grind.” Harvard Business Review

Law firms, lawyers, companies, and business leaders spend years building a sterling reputation that social media trolls can tear apart in seconds. Social media – Facebook, Twitter, Instagram, LinkedIn, Snapchat, and more – have become a primary information source and a dominant driver of reputation for individuals and organizations. Experience has shown that the faster and more forthright an organization is when it responds to thorny, emerging issues on social media, the more likely it is to contain or neutralize what might otherwise become an extended and damaging attack on its reputation and brand.

The challenge: To quickly assess which online comments and activity warrant a response, the degree of response called for, and the content of that response – especially in situations where not all the facts are known and multiple parties within the organization must have a say in what is issued.

This one-hour seminar places heavy emphasis on pragmatic, practical tools you can use to help your clients or your law firm succeed on social media. Those best practices include:

• How the fundamental rules of effective crisis communications apply to social media.
• What to do with your social media channels before the crisis.
• How to evaluate social media threats and how that assessment informs your response.
• How to leverage your social media accounts and make them work for you in reaching key stakeholders – the people who care most about you and your organization.
• The overall approaches that apply to all social media interaction.
• Specific action steps to take when dealing with social media threats.
• Social media as a key element of crisis communication plans.

Even if you work for an organization with its own PR or marketing department or your social media efforts are overseen by a third-party marketing firm, this seminar will give you the tools to better understand what they should be doing to protect your reputation. The greatest uninsured asset of your firm or organization is its reputation. And since 97% of all cases filed in court are settled prior to trial, managing the Court of Public Opinion is arguably at least as important as managing the Court of Law. Understanding social media is a skill set that today’s attorneys and CEOs can no longer cede to others.

The confirmed speaker for this program, which is pending approval for one general Continuing Legal Education credit in the state of Colorado, is as follows:

• Thom Fladung, Managing Partner, Hennes Communications

Event Information

Thursday, March 11

8:00-9:00 AM MST

Presentation Materials

Program Recording

The program will comprehensively review the legal, practical, and economic aspects of bankruptcy and financial distress specific to the natural resources industry. In-house lawyers will get an in-depth look at bankruptcy concepts and other issues related to financial distress to assist them in advising managing their companies through this difficult time for the industry.

The confirmed speakers for this program, which is pending approval for one general Continuing Legal Education credit in the state of Colorado, are as follows:

• Adam Hirsch, Partner, Davis Graham
• Chris Richardson, Partner, Davis Graham

Event Information

Tuesday, March 9

8:00-9:00 AM

Tim Rampe, a former partner at Davis Graham for nearly a decade, is the general counsel of Lovell Minnick Partners, a private equity firm focused on investments in the global financial services industry, including related technology and business services companies. Tim brings strong financial services experience to LMP, having represented privately held and public companies on a wide variety of acquisitions, divestitures, leveraged buyouts, recapitalizations, public stock offerings, and loans, as well as venture capital and hedge fund investments. In addition, he has advised clients on securities compliance and corporate governance issues. Tim earned his B.A. in Economics from the University of Michigan and received his J.D. from Harvard Law School.

What does a typical day look like for you at LMP?

• It really varies. Being in-house at a private equity firm, you of course have a heavy dose of M&A activity, both new platform deals and add-on activity within the portfolio. But the PE firm itself is its own business and it faces all the legal issues that any business confronts (employee matters, RE leases, etc.). Plus, many of our portfolio companies do not have any internal legal resources, so you also get brought into legal issues within the portfolio. A typical day for me is a mix of reviewing M&A agreements, speaking with portfolio company executives on legal matters (e.g., a piece of litigation), and then updating an LMP internal policy in light of, for example, new SEC guidance.

How has the coronavirus pandemic impacted your business?

• The biggest impact to us has been the inability to meet with management teams of prospective investments. Video conferencing is great, but it isn’t ideal for developing personal relationships with management teams, which we need before making an investment. The pandemic has had varied impacts across our portfolio, but, on the whole, we’ve been pleased with how it has held up. Being a sector specialist in financial services, we generally are not invested directly in the industries that have been most impacted (e.g., travel, restaurants, and hospitality), but we do have businesses that service those businesses and therefore have been impacted. In terms of LMP itself, as has been the case with most companies, we’ve transitioned fairly seamlessly to a work-from-home environment.

What is your favorite memory of working at the firm?

• Besides draining the winning shot in the lawyer league basketball semifinals, I’d have to say my favorite memories all revolve around working as part of a Davis Graham team on a challenging transaction. I had several challenging transactions in my Davis Graham tenure – some of the LMP acquisitions and gold mining deals come to mind – and the best part of those transactions are the bonds you develop with your fellow deal team members.

Who are some of the people at Davis Graham that had the greatest impact on you?

• Well, Jay Newcom’s (former GC of LMP and Davis Graham partner) impact was certainly great, considering that I’m writing this from Pennsylvania. There were many other Davis Graham lawyers (Patricia Peterson, Ron Levine, Jeff Brandel, Mark Bussey, Randy Hubbard, Jonathan Marks, Sam Niebrugge, and Deborah Friedman, to name a few) who had positive impacts as well and who have specific strengths that I try to emulate. I also miss all the administrative support who helped me over the years and sometimes still do (thank you, Susanne Joslin, Lisa Schweger, and Christina Hill).

Even though you live in Philadelphia, you serve on the board of the Colorado Fourteeners Initiative to help protect and preserve the trails in the Rocky Mountain West. Does this give you an excuse to travel back Colorado?

• That was part of the master plan, but that’s been derailed a bit due to COVID-19. The Colorado Fourteeners Initiative does important work building trails on the 14ers and it’s a great way for me to stay connected to Colorado. Davis Graham has been a strong supporter of CFI over the years. I missed out on the hiking season this year but hope to come back strong in 2021 and be able to spend some time in the Colorado high country and see friends/family in Colorado, including Davis Grahamers, past and present.

Forty-five Davis Graham & Stubbs LLP attorneys were named Best Lawyers® by publisher Woodward/White, Inc. in their annual guide recognizing legal excellence. The Best Lawyers in America is based on a peer-review survey in which industry-leading attorneys comment on the legal abilities of other lawyers in their practice areas. The 2020 edition recognizes less than five percent of U.S. practicing attorneys and is derived from 8.2 million evaluations.

Davis Graham partner Jonathan A. Marks was named among the publication’s 2020 “Lawyers of the Year” for Employee Benefits (ERISA) Law. Only one lawyer in each practice area and designated metropolitan area is honored with this distinction.

The Davis Graham attorneys selected for inclusion in the 2020 edition of The Best Lawyers in America are:

• Thomas C. Bell – Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law; Commercial Litigation; Construction Law; Litigation – Bankruptcy; Litigation – Real Estate
• Joel O. Benson – Oil and Gas Law
• Jonathon D. Bergman – Commercial Litigation; Litigation – Construction
• Cindy S. Birley – Employee Benefits (ERISA) Law
• Brian Boonstra – Corporate Law; Mergers and Acquisitions Law
• Stephen M. Brainerd – Litigation – Trusts and Estates; Trusts and Estates
• Miko Ando Brown – Litigation – Insurance; Medical Malpractice – Defendants; Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants
• Mark C. Bussey – Mergers and Acquisitions Law
• Gregory R. Danielson – Energy Law; Natural Resources Law; Oil and Gas Law
• William J. Duffy – Environmental Law; Litigation – Environmental; Natural Resources Law
• John A. Elofson – Corporate Law
• John A. Francis – Antitrust Law; Commercial Litigation; Health Care Law
• Michael J. Gallagher – Bet-the-Company Litigation; Commercial Litigation; Litigation – Environmental
• Laura B. Gill – Corporate Governance Law
• Albert J. Givray – Aviation Law
• Catherine A. Hance – Real Estate Law
• Scott W. Hardt – Environmental Law
• Randall E. Hubbard – Energy Law; Mining Law; Natural Resources Law
• John R. Jacus – Environmental Law
• Rachel R. James – Employee Benefits (ERISA) Law
• Kenzo S. Kawanabe – Bet-the-Company Litigation; Commercial Litigation; Mass Tort Litigation/Class Actions – Defendants; Product Liability Litigation – Defendants
• J. Christopher Kinsman – Real Estate Law
• William N. Krems – Employee Benefits (ERISA) Law; Tax Law; Trusts and Estates
• Kristin L. Lentz – Mergers and Acquisitions Law
• Jonathan A. Marks – Employee Benefits (ERISA) Law
• Judith M. Matlock – Energy Law; Natural Resources Law; Oil and Gas Law
• Joel A. Mayo – Real Estate Law
• Barbara J. Mueller – Construction Law; Real Estate Law
• Laurence E. Nemirow* – Litigation and Controversy – Tax; Tax Law
• David Neslin – Energy Law; Natural Resources Law
• Brett C. Painter – Employment Law – Management; Litigation – Labor and Employment; and Mass Tort Litigation/Class Actions – Defendants
• Matthew Perkins – Corporate Law
• Jonathan W. Rauchway – Product Liability Litigation – Defendants
• Christopher L. Richardson – Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law; Leveraged Buyouts and Private Equity Law; Mergers and Acquisitions Law
• Laura J. Riese – Environmental Law
• Peter H. Schwartz – Mutual Funds Law
• Michael Snider – Tax Law
• Shannon Wells Stevenson – Appellate Practice; Bet-the-Company Litigation; and Commercial Litigation
• Bruce D. Stocks – Corporate Law; Mergers and Acquisitions Law
• Andrew I. Sultan – Corporate Law; Leveraged Buyouts and Private Equity Law; Securities/Capital Markets Law; Venture Capital Law
• Elizabeth H. Temkin – Environmental Law; Litigation – Environmental
• S. Lee Terry, Jr. – Corporate Law; Securities/Capital Markets Law; Securities Regulation
• Chad D. Williams – Criminal Defense: White-Collar
• James S. Witwer – Water Law
• Gail L. Wurtzler – Environmental Law

  *Larry Nemirow is a principal of Nemirow Law LLP and serves as special tax counsel to Davis Graham.​

Our former partner Les Woodward died on September 5, 2018 at the age of 86. He was comforted in his final days by his wife, Marianne, and their four children. Les was a beloved pillar of the Davis Graham community, having been with the firm since graduating from Harvard Law School in 1957. Those who knew Les would tell you that he brought joy to their lives with his compassion, kindness, grace, and humor.

Les also had the gift of a brilliant legal mind. He served as lead corporate counsel for a number of companies, from startup, through the early phases of public ownership, to operation as significant-sized public companies. Les was regularly involved in counseling business enterprises on operational and securities law matters. He also had a robust asset management practice and represented several investment companies and investment advisers. Les loved the thrill of solving intellectually challenging legal problems and “retired” from Davis Graham many times, but his love of the work kept bringing him back.

Les devoted much of his life to others. His life-long passion for education, especially for our most vulnerable children, is shared by his wife, Marianne, a retired elementary school teacher, who taught “English as a Second Language” classes on a volunteer basis for more than 30 years. Les served as a member of the Board of Education of the Denver Public Schools, a member of the Colorado Commission on Higher Education, and a pioneering member of the Citizens for Quality Schools. He also served as a Director of Bethany College, where he received an honorary degree, and as a Director of the Public Education Coalition of Denver.

Please join us in remembering Les and his legacy to Davis Graham and our community. The halls of Davis Graham will forever be changed as we will all miss his infectious laugh and love for life.