David Holman

Partner

dave@crishamholman.com 720-739-2176 vCard

Biography

David Holman is a founding partner of Crisham & Holman LLC and represents clients in energy litigation, business divorce and general business litigation, and construction litigation. By crafting fact and expert strategies, David positions complex, high-stakes cases for successful resolution through favorable settlement, dispositive motions, trial, or arbitration. He has extensive trial and discovery experience, including as lead counsel for jury and bench trials, examinations of key fact and expert witnesses, and oral advocacy.

Before founding Crisham & Holman, David was co-chair of the Trial Department of Davis Graham & Stubbs LLP. Directly after law school, Mr. Holman clerked for the Honorable Paul J. Kelly on the U.S. Court of Appeals for the Tenth Circuit in Santa Fe, New Mexico before joining Kirkland & Ellis LLP in Washington, D.C. During law school, David interned for the Honorable Richard J. Leon of the U.S. District Court for the District of Columbia and the U.S. Attorney’s Office for the Eastern District of Virginia.

David is admitted to practice in Colorado and Oklahoma, and before the U.S. District Courts for the District of Colorado, the District of Montana, the District of North Dakota, and the Western District of Oklahoma. In addition, he is admitted to practice before the U.S. Courts of Appeals for the Third, Fourth, Tenth, and Federal Circuits.

In 2021, David was named to the 40 Under 40 Hotlist by Benchmark Litigation for Colorado and the West in the area of Commercial Litigation.

Mr. Holman was a founder, the first chairman of the board, and trustee for the Chesterton Academy of Our Lady of Victory, an independent Catholic classical high school in the Denver metro area. As chairman, Mr. Holman served in an executive role, managing the school's tripling in size by enrollment, staffing, and budget, and the school's hiring of its first headmaster and executive director. Mr. Holman continues to teach sophomore debate at OLV.

Representative Matters

Trials & Arbitrations

As lead counsel, obtained judgment in favor of homeowners association client defending claims of breach of covenants and declaratory judgment after bench trial in Colorado state court.
First chair for public oil-and-gas operator in one-week bench trial defending breach of contract and trade-secrets misappropriation claims in Oklahoma federal court. After the plaintiff closed its case, Mr. Holman argued a Rule 52 "halftime" motion for judgment. The court ultimately dismissed the lawsuit with prejudice.
As lead counsel, obtained judgment in commercial client's favor after bench trial in Colorado state court.
As lead counsel, obtained an arbitration award in favor of commercial general contractor/developer in payment and performance dispute with subcontractor.
As lead counsel, successfully defended residential builder against Rule 105.1 "spurious lien" petition after evidentiary hearing and briefing in Colorado state court, and obtained fee award on client's behalf.
As lead counsel, obtained an arbitration award for a mobile telecommunications company in an international arbitration proceeding against a Kenyan media company.*
Lead counsel for multi-national manufacturer in one-week jury trial in federal court.
Obtained an arbitration award for an international mining company against an engineering firm in a breach of contract dispute arising from the construction and design of a mill; served as second chair for the three-week arbitration hearing.*
Obtained a complete defense verdict for an automotive component part manufacturer in a products liability dispute after jury trial in Colorado state court; served as second chair for the two-week trial.*
Obtained an arbitration award for an exploration and production company in a royalty dispute under Colorado law; served as second chair for the three-day arbitration hearing.*
Obtained a favorable verdict for an automotive component part manufacturer after a two-week jury trial in Colorado state court.*
Obtained a satisfactory resolution for investors in a corporate governance and securities fraud dispute; Mr. Holman served as first chair for a full-day preliminary injunction hearing.*

* Representative matters handled prior to founding Crisham & Holman LLC.

Energy Litigation

As lead counsel, obtained a favorable resolution on behalf of oil-and-gas operator defending lawsuit brought by water disposal services provider in Colorado state court.
As lead counsel to public oil-and-gas operator, obtained complete summary judgment in client's favor on claims of quiet title and breach of contract arising from assignment of oil-and-gas wellbores in Colorado state court.
Grayden v. Spring Creek Energy Partners, __ Fed. App’x __, 2022 WL 17972139 (10th Cir. 2022): part of team that secured unanimous reversal of district court's grant of summary judgment against client alleging fraudulent concealment in her sale of oil-and-gas royalty interests.
Lead counsel to private oil-and-gas operator defending "frac-bash" claims in Oklahoma state court.
As lead counsel, obtained withdrawal of opposing party's motion for preliminary injunction, and a favorable resolution, on behalf of exploration and production company defending against non-operating working interest owner's request for client's removal as operator under joint operating agreement.
Lead counsel to private oil-and-gas operators in the defense of multiple lawsuits brought by non-operating working interest owners concerning leasehold and wellbore interests based on pooling orders or private agreements.
Obtained a satisfactory resolution for exploration and production company against putative class action royalty claims under Oklahoma law in Colorado federal court, including class certification and the court's settlement approval.
Obtained a satisfactory resolution on behalf of an exploration and production company in a contract dispute with a midstream company in arbitration under Colorado law.*
Obtained a summary judgment for an exploration and production company in royalty dispute in Wyoming state court.*
Obtained summary judgment for an exploration and production company against putative class action royalty claims in Colorado federal court.*
Counsel in Colorado real property disputes, including eminent domain actions to an exploration and production company.*
Secured a forum non conveniens dismissal of premises liability claims brought by dozens of former employees against a North American supermajor oil company in Delaware state court.*

* Representative matters handled prior to founding Crisham & Holman LLC.

Business Divorce and General Business Litigation

Obtained satisfactory resolution for minority owner in closely held business asserting claims for breach of fiduciary duty and unjust enrichment against LLC managers for using LLC assets for personal benefit.
Secured dismissal with prejudice in Denver District Court on behalf of minority LLC investors defending claims of aiding and abetting LLC management's alleged misconduct.
Obtained satisfactory resolution for technology company defending former executive's claims for fraudulent concealment, breach of contract, misappropriation of trade secrets, and breach of fiduciary duties in Colorado state court.
Obtained satisfactory resolution for private equity fund bringing claims against former partner based on misrepresentations and omissions in marketing concerning fund performance and track record.
Obtained a dismissal of a bankruptcy proceeding based on the debtor’s bad faith filing.*
Obtained a satisfactory resolution to a breach of contract dispute on behalf of a Montana manufacturer serving the oil field services industry in Montana state court.*
Obtained a satisfactory resolution to a breach of contract and intellectual property dispute on behalf of a manufacturer in Colorado federal court.*
Successfully removed to federal court dozens of lawsuits composed of more than 3,000 plaintiffs under the “mass action” provision of the Class Action Fairness Act.*

* Representative matters handled prior to founding Crisham & Holman LLC.

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Construction Litigation

Obtained an arbitration award for commercial general contractor/developer in payment and performance dispute with subcontractor.
Representing large mixed-use developer in various construction defect and payment disputes with contractors.
Defending distributor of building materials and construction products in construction defect dispute with homeowner.
Representing national home-improvement industry franchisor in variety of actions, including construction defect disputes.
Defending residential developer in contract dispute with homeowner.
Obtained satisfactory resolution for precast concrete supplier defending subrogration claims brought by general contractor's insurer for alleged defects in concrete installed at major office tower.
Obtained an arbitration award for an international mining company against an engineering firm in a breach of contract dispute arising from the construction and design of a mill; served as second chair for the three-week arbitration hearing.*

* Representative matters handled prior to founding Crisham & Holman LLC.

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Experience

Davis Graham & Stubbs LLP, Associate 2014-2017, Partner 2018-2021
Kirkland & Ellis LLP, Associate 2010-2014
Law Clerk, Honorable Paul J. Kelly on the U.S. Court of Appeals for the Tenth Circuit 2009-2010

Education

College of William & Mary, Marshall Wythe Law School

J.D., 2006 - 2009
Order of the Coif
Senior Notes Editor, William & Mary Law Review

University of Chicago

M.A., Social Sciences, 2003 - 2004

Providence College

B.A., History, 1999 - 2003
Summa Cum Laude
Editor-in-Chief, The Cowl Student Newspaper

Admissions

Colorado
Oklahoma
U.S. District Court for the District of Colorado
U.S. District Court for the District of Montana
U.S. District Court for the District of North Dakota
U.S. District Court for the Western District of Oklahoma
United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Tenth Circuit

Articles & Speeches

"In All But Name: The Practical Consequences of the Colorado Supreme Court’s Crestone Peak Decision," Law Week Colorado, March 1, 2024
"Assessing The Future Of Colorado's Economic Loss Rule," Law360, February 15, 2024
Co-Panelist, "Drafting and Responding to Interrogatories, Document Requests, Admissions & Motions CLE," Rossdale CLE (Nov. 16, 2023; Dec. 8, 2022)
"Is Colorado's Economic Loss Rule Making a Comeback?" Law Week Colorado, October 30, 2023
Speaker, "History, the Government Survey, and Basic Oil and Gas Leasing Legislation," Federal Oil & Gas Leasing Short Course, Foundation for Natural Resources & Energy Law (Oct. 16, 2023)
Author, "Depositions: Taking and Defending a Remote Deposition Checklist (Colorado)," Lexis Practical Guidance (2022).
Author, "E-Discovery: Responding to E-Discovery (Colorado)," Lexis Practical Guidance (2022).
Chapter, “Express and Implied Warranties in Construction Law,” Practitioners Guide to Colorado Construction Law (CBA/CLE, 2021, 2018 editions)
Chapter, “Production of Documents and Electronically-Stored Information,” Discovery in Colorado (CBA/CLE, 2021, 2018 editions)
Webinar, “The New Normal Deposition: Adding Remote Depositions to Your Skill Set During COVID-19,” with Elise Reecer, CBA-CLE (July 22, 2020)
Webinar, “The New Normal Deposition: Adding Remote Depositions to Your Skill Set During COVID-19,” with Elise Reecer, Faculty of Federal Advocates (May 13, 2020)
“Remote Depositions in the Time of COVID-19,” DGS Legal Alert (April 20, 2020)
“COVID-19 Court Closures & Guidance,” DGS Legal Alert (March 26, 2020)
“Specific Personal Jurisdiction: The Unanswered Questions,” Law360, July 14, 2017
“New Opportunities for Cost-Effective E-Discovery Under the Federal Rules of Civil Procedure,” Law Week Colorado, May 25, 2015
“Violent Crimes and Known Associates: The Residual Clause of the Armed Career Criminal Act,” 43 Connecticut Law Review 209 (2010)

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David Holman