Experience
Tim joined Holme Roberts & Owen LLP in 2001 and is a partner in the firm’s Boulder office. He concentrates his practice on intellectual property litigation and has significant experience representing companies in a wide variety of industries. Tim understands the nuances involved in protecting intellectual property and helps businesses achieve and maintain success by guiding them through all phases of litigation and potential litigation.
Tim currently serves as the lead partner in the firm’s engagement as national counsel for the major United States record companies in their lawsuits against those who illegally copy and distribute copyrighted sound recordings through online file-sharing programs. He has represented clients in both state and federal courts, as well as in national and international arbitrations before the American Arbitration Association and the ICC International Court of Arbitration. Tim has argued cases in the Second Circuit Court of Appeals, the Fifth Circuit Court of Appeals, and the Colorado Court of Appeals.
Recent Trials
In 2009, Tim represented the record company members of the Recording Industry Association of America in two jury trials. In Capitol Records, Inc. v. Thomas-Rasset, a federal jury in Minnesota found the Defendant liable for willful copyright infringement and awarded damages of $1.9 million to the record companies. In Sony BMG Music Entertainment v. Tenenbaum, a federal jury in Massachusetts found the Defendant liable for willful copyright infringement and awarded damages of $675,000 to the record companies. Tim was named Litigator of the Week by The AMLaw Litigation Daily for his work as counsel for the record companies in the Thomas-Rasset case.
Awards
Litigator of the Week, The AMLaw Litigation Daily, June 2009
Reported Cases
Virgin Records America Inc. v. Thompson, 512 F.3d 724 (5th Cir. 2008)
Warner Bros. Records Inc. v. Stubbs, 2007 WL 1959282 (W.D. Okla. July 2, 2007)
Interscope Records v. Kimmel, 2007 WL 1756383 (N.D.N.Y. June 18, 2007)
Atlantic Records Corp v. Heslep, 2007 U.S. Dist. LEXIS 35824 (N.D. Tex. May 16, 2007)
Arista Records L.L.C. v. Greubel, 453 F. Supp. 2d 961 (N.D. Tex. 2006)
Arista Records L.L.C. v. Tschirhart, 241 F.R.D. 462 (W.D. Tex. 2006)
Dillen v. HealthOne, L.L.C., 108 P. 3d 297 (Colo. App. 2004)
Presentations
Panelist, “The Copyright Enforcement Wars — Is a Truce in Sight?” Copyright Society of the United States of America, Mid-Winter Meeting February 2010, Scottsdale, Arizona
Presenter, “Avoiding IP Conflicts: Intellectual Property Agreements, Non-Compete Agreements, And The State Of The Law In The Absence Of An Agreement,” Section of Intellectual Property Law, Boulder County Bar Association, February 2008, Boulder, Colorado
Presenter, “File Sharing Litigation,” Colorado Association of Legal Support Staff, May 2008, Frisco, Colorado
Publications
Application of the Joint Defense Privilege and Common Legal Interest Rule, 32 Jan. Colo. Law. 51 (2003)
Tenth Circuit Survey of Federal Indian Law, 75 Univ. Denver L. Rev. 977 (1998)
Professional & Community Affiliations
Super Lawyers, 2010
Copyright Society of the United States of America, Member
Faculty of Federal Advocates, Member
Growing Home, Inc., Director, 2005 – present; board chair, 2008 - 2009 (http://www.growinghome.org/)
50 for Colorado Business Leaders Network, member, Class of 2005
Law Clerk, Honorable Clarence A. Brimmer, United States District Court for the District of Wyoming, 1999-2000
University of Denver Law Review, 1997-1998