R. LIVINGSTON KEITHLEY

Phone Number: (303) 832-1740
Email: livingston.keithley@overtonlawfirm.com

Livingston Keithley is an AV-rated trial attorney representing businesses and management in commercial litigation, management disputes, and employment disputes.

Livingston represents and advises investors, start-up companies, as well as Fortune 500 companies, in disputes concerning complex commercial transactions, contractual disputes, corporate governance, vicarious liability, professional liability, real estate, and employment matters. Livingston helps his clients efficiently and effectively manage a dispute from the negotiation stage through trial and judgment across the United States.

In commercial matters, Livingston represents litigants in disputes involving unfair competition, trade secrets, misappropriation of confidential business information, and enforcement of non-competition and non-solicitation covenants. He has represented clients in a range of commercial litigation matters, including breach of contract cases, merger/acquisition disputes, shareholder/investor disputes, and corporate management disputes.

Concerning employment matters, Livingston advises companies as to employee management and procedures, performance management, investigations, wage and hour disputes, discipline, and other aspects of the employment relationship. Livingston has successfully represented clients concerning charges before the Equal Employment Opportunity Commission and Colorado Department of Labor & Employment.

Based upon the annual survey of commercial litigation attorneys in Colorado, Livingston has been recognized for several  years as a Colorado Super Lawyer. Only five percent of lawyers in the state receive this honor. Previously, he was named as a “Rising Star” by the rating service in 2010-2013. He was also honored by the Denver Business Journal as a member of the 2012 Forty Under 40 class. Livingston has received the AV-Preeminent peer review rating from Martindale-Hubbell, and is a Fellow of the Colorado Bar Foundation.

Livingston previously served as the judicial law clerk for the Honorable John Daniel Dailey of the Colorado Court of Appeals.

SIGNIFICANT CASES

  • Represented Fortune 500 national product distribution company in civil action against competitor who hired senior executive that possessed trade secrets and confidential information. Achieved successful settlement.
  • Represented international engineering company in recovering the value of book of business taken by group of employees who left company to start a competitor business. Achieved successful settlement.
  • Represented group of investors of publicly-traded corporation in trial court and appellate court to obtain judicially-ordered meeting of shareholders, in order to pursue derivative claims against managers for breach of fiduciary duty and fraudulent activity, and to validate shareholder vote for new director slate. Achieved appellate court decision in favor of clients protecting shareholder rights.
  • Represented investor and manager of manufacturing company in pursuing co-investor who had misappropriated the patents and technology, and surreptitiously assigned them to a third company. Co-chaired 2-day adversary action trial in bankruptcy court, and achieved judgment in favor of client.
  • Represented co-owner of local retail business in corporate dissolution action and receivership. Achieved successful settlement.
  • Defended corporation against claims for violation of Racketeer Influenced and Corrupt Organizations Act (RICO) claims based upon acts of independent contractor. Achieved dismissal of all claims against client, with prejudice.
  • Defended publicly traded pharmaceutical company concerning claims by terminated regional sales representative under the Colorado Wage Claim Act. Achieved entry of summary judgment in favor of my client.
  • Defended regional services company concerning Wage & Hour investigation by United States Department of Labor concerning minimum wage and overtime compliance.
  • Represented terminated chief executive in negotiation concerning enforcement of terms of employment agreement, severance, and stock options.
  • Represented regional bank in various matters concerning enforcement of security agreements against real estate and personal property collateral. Received experience in foreclosure actions, unlawful detainer, relief from stay, and adversary actions against debtors.
  • Defended non-profit agency against EEOC investigation of discrimination charge, obtaining determination of no probable cause and dismissing charge.

PUBLISHED DECISIONS:

P.F.P. Family Holdings, L.P. v. Stan Lee Media, Inc., 252 P.3d 1 (Colo. App. 2010)
Telestrata, LLC v. NetTALK.com, Inc., et al., 126 F.Supp.3d 1344 (S.D.Fl. Aug. 19, 2015)

BAR & COURT ADMISSIONS:

Colorado
U.S. District Court for Colorado
U.S. Bankruptcy Court for the District of Colorado
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Tenth Circuit
U.S. Court of Appeals for the Eleventh Circuit

LEGAL EDUCATION:

University of Colorado School of Law
Boulder, Colorado
J.D., 2004
University of Colorado Law Review – Associate Editor, 2003-2004

UNDERGRADUATE EDUCATION:

Georgetown University
Washington, D.C.
Bachelor of Arts – Government, 1998
Dean’s Advisory Board – 1997-1998

PROFESSIONAL ASSOCIATIONS:

Colorado Bar Association
Denver Bar Association
CBA/DBA Professionalism Coordinating Council (2007-present)
Minoru Yasui Inn of Court (Executive Secretary, 2004-07, 2008-09; member, 2002-present)
Colorado Catholic Lawyers Guild (President, 2011; Board, 2007-present)
Colorado Bar Foundation (Fellow, 2015-present)

AWARDS:

Eagle Scout
Forty Under 40, Denver Business Journal – 2012
Martindale-Hubbell AV-Preeminent peer rating
Colorado SuperLawyers, 2014-2016
Colorado SuperLawyers “Rising Star,” 2010-2013
Finalist, “Up and Coming Lawyer”, Law Week Colorado 2009
Council Silver Beaver Award, Denver Area Council, Boy Scouts of America, 2014
Saint Thomas More Award, Colorado Catholic Lawyer’s Guild, 2014

PUBLICATIONS AND PRESENTATIONS:
E-Discovery Tips and Tricks, 33rd National CLE Conference, Labor & Employment Law Section, Vail, Colorado (Jan. 2016)
Ethics and Cybersecurity, Colorado Catholic Lawyers Guild Seminar (Oct. 2015)
E-Discovery: Tools and Tricks, Louisiana Association of Defense Counsel (2014 Winter Meeting)
Author, Keeping it Human: A (Rather) New Lawyer’s Perspective on Professionalism, 42 Colorado Lawyer no. 10, p. 69 (October 2013)
Author, Should a Lawyer Ever Be Allowed to Lie? People v. Pautler and a Proposed Duress Exception, 75 University of Colorado Law Review 301 (2004)
Co-Author, How to Litigate Your First Civil Trial in Colorado, National Business Institute Seminar, Denver, Colorado (August 2003)