Experience
Bobbee Musgrave is Co-Chair of HRO’s Antitrust and Competition Group and a key partner in the Litigation Practice Group. Ms. Musgrave’s broad experience and highly successful track record includes the areas of antitrust and trade regulation, class actions, complex and multidistrict litigation, employment, and intellectual property litigation. She has effectively argued multiple federal antitrust cases to the Tenth Circuit Court of Appeals. Ms. Musgrave demonstrates consistent depth of experience and abundant winning strategies especially in antitrust, IP litigation, and complex commercial litigation areas.
Representative Cases
Representative cases on which Ms. Musgrave served as counsel include:
Complex Commercial Litigation
Snyder v. Vail Resorts, Inc. Ms. Musgrave defended Vail Resorts in a two-week jury trial in Summit County regarding life-time ski passes. During jury deliberations, a successful settlement was reached in Vail Resorts’ favor, when Keystone Resort lifetime ski pass holders who rented out their passes for monetary payment dismissed their claims for damages. The three-year-long legal process began when numerous Keystone lifetime pass holders sued Vail Resorts for $9 million.
Storage Technology Corporation v. Custom Hardware Engineering, United States District Court of the District of Massachusetts. Ms. Musgrave represented Storage Technology is a case alleging patent infringement and the defense of antitrust tying and monopolization claims. The case settled after the close of StorageTek’s evidence.
Antitrust
Anesthesia Advantage v. The Metz Group. (912 F.2d 397, 10th Cir. 1990). She obtained a ruling from the Tenth Circuit of Appeals clarifying the interstate commerce requirements for an antitrust claim.
Smalley & Co. v. Emerson & Cuming, Inc., 808 F. Supp. 1503, 13 F.3d 366 (10th Cir. 1993). Ms. Musgrave obtained a summary judgment on an antitrust monopolization claim in the manufacture of electroconductive adhesives for the NASA space shuttle program.
Cant Strip of America v. Schuller International (Johns Manville) (Dist. of Arizona). Ms. Musgrave obtained summary judgment on an antitrust monopolization claim in the tapered roofing industry similar to that alleged in the Tapered Insulation litigation.
Tapered Insulation Systems v. Schuller International (Johns Manville). Ms. Musgrave obtained a summary judgment on antitrust, fraud, negligent misrepresentation, breach of contract and Deceptive Trade Practices Act claims I the tapered roofing industry; summary judgment was affirmed by the Texas Court of Appeals in December 1998.
Intellectual Property
Sonoco Products Company v. The Newark Group, et al., 23 P.3d 1287 (2001). Ms. Musgrave was lead counsel in 2-1/2 week trial that resulted in an $8 million judgment for misappropriation of trade secrets, breach of fiduciary duty, breach of contract and civil conspiracy.
Aon Consulting Co. v. Locker, et al. She obtained an injunction enforcing a non-compete that required the defendants to cease utilizing trade secrets and doing business with clients developed while employed with former employer.
Employment
Castille v. Dobbs Temporary Services, Inc. d/b/a Pro Staff Personnel Service. She defended the Company in race discrimination claim and defeated a request for a preliminary injunction.
Gray v. Pluto Industries. She successfully defended the Company in wrongful termination case.
Class Action
Adele Brody v. Qwest Communications, et al. Ms. Musgrave was co-lead counsel defending Qwest and its Board of Directors in a class action where the claims were breach of fiduciary, self-dealing among other claims. The case settled on terms very favorable to Qwest and its Board.
DeHerrera v. EquityLink. Ms. Musgrave tried this class action to verdict. The claims were based upon purported violations of the Colorado Consumer Credit Code and the Consumer Protection Act, among other claims. The Court found that Ms. Musgrave's clients were the prevailing parties on all of the class claims.
Prior to joining HRO, Ms. Musgrave was a partner at Musgrave & Theis LLP.
Professional & Community Affiliations
Martindale AV rating
Committee on Anticompetitive Conduct, appointment by Governor Ritter
Charter Fellow of the Litigation Counsel of America
Fellow of the American Bar Foundation
Colorado Lawyers Committee, Executive Committee Member, 2009 to present
Colorado Pledge to Diversity, Steering Committee, 2000 to present
Colorado Super Lawyers, 2006 to present
Corporate Counsel Black Book, 2007-2009 Colorado Honoree
National Institute for Trial Advocacy, Rocky Mountain Region, 1991-2009
Former Chair of the Antitrust subsection of the Colorado Bar Association Business Law section, 1997-2000
Board Member, Make-A-Wish Foundation of Colorado
Former Chair of the Antitrust subsection of the Colorado Bar Association Business Law section, 1997-2000
Board Member, Make-A-Wish Foundation of Colorado
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