Henry M. Baskerville

Attorney Profile

Top Rated Business Litigation Attorney in Denver, CO

Fortis Law Partners
 | 1900 Wazee Street, Suite 300, Denver, CO 80202
Phone: 303-565-8066
Fax: 303-295-9701
Selected To Super Lawyers: 2020
Selected To Rising Stars: 2012 - 2015, 2017 - 2018
Licensed Since: 2005
Practice Areas:
  • Business Litigation (30%),
  • Cannabis Law (30%),
  • General Litigation (20%),
  • Government Contracts (10%),
  • Criminal Defense: White Collar (10%)
Languages Spoken:
  • English,
  • French
    Attorney Profile

    Henry Baskerville is an accomplished and experienced trial lawyer who has been awarded the highest possible rating by the respected legal-review organization Martindale-Hubbell. He uses his expertise in the legal areas of complex commercial litigation, white-collar criminal defense, government contracts, construction law and marijuana law. Baskerville is a partner at Denver-based Fortis Law.

    Along with his AV pre-eminent rating from Martindale-Hubbel, Baskerville also has been recognized by Super Lawyers, Best Lawyers in America and National Trial Lawyers.

    Commercial Litigation

    Baskerville is well-experienced in helping numerous clients in an array of legal disputes, and he uses his expertise in all stages of such matters, from pre-litigation through appeal. He represents both individual and corporate clients, too. His experience encompasses breach of fiduciary duty, fraud, fraudulent transfers, alter-ego cases, trade secrets and restrictive covenants. He also has worked with clients on False Claims Act claims (the so-called qui tam cases), as well as breach of contract, labor and employment disputes, securities, and bankruptcy and receivership proceedings, including:

    • 2bKnown, LLC v. New Media Solutions, Inc., Case No. 18-cv-033113. I represented the Plaintiff in lawsuit regarding allegations of breach of contract, fraud, and consumer fraud, among others stemming from an agreement to build a website that ended up costing over $1.5M. After litigating the matter for more than a year, we were able to secure a favorable settlement for our client.
    • Canyon Creek Royalty, LLC v. Frontier Royalty, LLC, et al., Case No. 17-cv-33832. I represented the Plaintiff in a dispute stemming from a bitter business divorce.  After significant heated litigation, the parties were able to reach a settlement.
    • GSI Enterprises, Inc. v. Carlo Saurini, et al., Case No. 18-cv-31066. I represent the Plaintiff in this lawsuit stemming from a business divorce over the co-ownership of a large apartment complex.  My client seeks more than $8M in damages and the case is ongoing.
    • Cannoid, LLC, et al., v. GCX, LLC, et al., Case No. 18-cv-00925. I represented Defendants and Counterclaim Plaintiffs in a lawsuit alleging trademark infringement claims regarding the term “Entourage,” which is a common term in the cannabis industry.  We asserted claims that the term was too common and the mark should be invalided.  Ultimately, my clients were able to secure an extremely favorable settlement. 
    • Matthew Cochran, et al. v. Clear Choice Holdings, LLC, et al., Case No. 19-cv-31179. The Plaintiffs brought claims seeking over $1 billion in damages.  I represented all 30 Defendants and was able to obtain a complete dismissal of the matter as to all Defendants at the motions stage.
    • Eldorado Artesian Springs, Inc. v. U2Logic, Incorporated, Case No. 19-cv-33344. I represented the Plaintiff in a case stemming from control of our client’s internal network.  We obtained a TRO and quickly obtained a favorable resolution of the case.
    • Catherine Ross, et al. v. Caroline Wagner, et al., Case No. 18-cv-32792. I represented the Plaintiffs in a breach of contact/fiduciary duty action against realtors and ultimately obtained a favorable result for my clients.
    • Gary Kofman v. Justin David Lee, et al., Case No. 17-cv-287. I represented the Defendants in this case regarding a failed cannabis business and ultimately obtained a favorable result for my clients.
    • Josse Anthony Mazo, et al. v. John Michael Merritt, Jr., et al., Case No. 18-cv-00831. I represented Defendants and Counterclaim Plaintiffs in a complex case stemming from a bitter business dispute over a cannabis company.  Ultimately, I obtained a favorable settlement for my clients.
    • Standard Hemp, et al., v. Mark Silen, et al., Case No. 19-cv-01162. I represented the Plaintiffs in this breach of contract litigation relating a Patent license regarding hemp chewing tobacco and obtained a favorable result for my clients.
    • Barbara Densmore v. Sensible Concepts, LLC, et al., Case No. 18-cv-03001. I represented a Defendant and Counterclaim Plaintiff in this litigation in a wild case regarding a failed cannabis venture.  Ultimately, we obtained favorable results for my client.
    • Whiting Oil and Gas Corporation v. BNSF Logistics LLC, Case No. 17-cv-32510. I represented the Plaintiff in this breach of contract litigation, obtaining favorable results for the Plaintiff.
    • Pierre Raygot, et al. v. Scott Pack, et al., Case No. 17-cv-31269. I represent the Plaintiffs in this still-pending litigation to recover damages against Scott Pack, who, on February 14, 2020, was found guilty on six criminal charges, including claims for violation of the Colorado Organized Crimes Act, in what has been called one of the largest pot fraud cases in Colorado history.
    • Dale Takio v. Whole Hemp Company LLC, et al., Case No. 19-cv-31992. I represent the Plaintiff in this still-pending breach of contract/fiduciary duty and declaratory judgment re distribution of shares matter regarding a dispute over ownership in a hemp extraction company in Colorado Springs.
    • Juanita Ramos v. Whole Hemp Company, LLC, et al., Case No. 19-cv-03268. I represent the Plaintiff in this still-pending breach of contract/fiduciary duty, racketeering, violations of wiretapping laws and COCCA matter regarding a dispute over ownership in a hemp extraction company in Colorado Springs.
    • Brandon Young v. Whole Hemp Company, LLC, et al., Case No. 19-cv-32242. I represent the Plaintiff in this still-pending breach of contract, declaratory judgment re distribution of shares, promissory estoppel, unjust enrichment and misappropriation of business value matter regarding a dispute over ownership in a hemp extraction company in Colorado Springs.
    • Andrew Keller v. Joseph Max Cohen, et al., Case No. 19-cv-30992. I represent the Plaintiff in this still pending lawsuit over ownership in a large cannabis business.  Our client seeks more than $100 million in damages.

    Baskerville has tried cases in courtrooms throughout the nation, and he has handled appeals to the Fourth Circuit, Seventh Circuit and Tenth Circuit Courts of Appeals, as well.

    Cannabis Industry

    Baskerville provides assistance to individuals and businesses in the legalized cannabis industry. He has many clients in both the thriving hemp and CBD industries, as well as interests involved in the legal marijuana marketplace. 

    Baskerville provides general business advice, as well as guidance on state and federal regulations governing the operation of legalized cannabis businesses and the solicitation of and contracting with investors and other business partners.  

    He has helped companies apply for and secure the necessary licenses to cultivate and dispense cannabis and its byproducts. Baskerville also has represented clients in various enforcement proceedings brought by the Marijuana Enforcement Division of the Colorado Department of Revenue and Colorado Attorney General's office. He also has represented numerous clients in business disputes over ownership of cannabis businesses throughout the country.

    White Collar & Investigations

    Baskerville is well-seasoned in both the trial and appeal stages of white-collar crime and related investigations. His expertise and experience includes handling fraud cases involving banks, postal services, securities and taxes, as well as public-corruption charges.

    Baskerville conducts internal investigations of any organizations concerned about potential violations of law or those that already are facing government probes. He conducts staff interviews and analyzes business records. And he works with senior management to create a strategy of protection from such abuses, setting up compliance programs that provide policies and procedures aimed at eliminating potentially unlawful conduct.

    He has managed numerous grand jury investigations, responded to a host of government subpoenas, and has managed large joint-defense groups, as well.

    Government Contracting

    Baskerville is thoroughly experienced in government-contracting matters, for which he has represented businesses in both civil and criminal investigations. 

    He has helped many clients in cases stemming from contracts businesses signed with various governmental entities. And he has conducted internal investigations stemming from issues with government contracts, too. 

    In addition, Baskerville has assisted organizations with their implementation of compliance programs designed to meet the requirements of various governmental contracts. In one incident, for example, Baskerville represented a large construction company that was sued for allegedly violating the False Claims Act. With his work, though, the case settled favorably for the client a day before trial was to begin.

    In another case, Baskerville represented a large defense contractor in a federal investigation stemming from a contract that dealt with missile defense systems. He also represented the same contractor in a subsequent False Claims Act suit. With Baskerville’s work, the court eventually granted summary judgment for his client.

    Baskerville is well-versed in the intricacies of government-contracting matters and has represented numerous clients in lawsuits involving contracting or False Claims Act suits.

    Small Businesses

    In matters involving small businesses, Baskerville has served as an outside general counsel or in an advisory capacity to help such organizations. Additionally, he has counseled small companies on an array of employment matters, including contractual disputes and litigation. Baskerville also has assisted with investigations conducted by multiple state-labor agencies, and he also has helped companies rewrite their contracts and internal policies to avoid future problems. 

    He has counseled companies of practically all kinds, from banks and e-commerce companies to vacation-rental management businesses and physician practices. Even golf courses have benefited from his expertise.

    Construction Litigation

    Baskerville is extremely knowledgeable in construction litigation, and he has represented diverse clients, including multinational construction conglomerates and small local contractors. In a variety of disputes, He has represented contractors in litigation against the government and lower-tier subcontractors. Notably at the start of his career, Baskerville worked for the City of Chicago Law Department in the Building and Land Use Litigation Division.

     

    Practice Areas

    Contract and Commercial Litigation

    White Collar Criminal Defense

    Marijuana Law

    Construction Litigation

    Employment and Labor

     

    Bar Admissions

    Colorado

    Illinois

    U.S. District Court, District of Colorado

    U.S. District Court, Northern District of Illinois

    U.S. District Court, Northern District of Illinois (Trial Bar)

    U.S. District Court, Central District of Illinois

    U.S. Court of Appeals, Seventh Circuit

    U.S. Court of Appeals, Tenth Circuit

     

    Education

    Juris Doctorate, Loyola University School of Law, Cum Laude (2005)

              -     Certificate in Trial Advocacy

              -     Senior Editor, Loyola Consumer Law Review

    Baskerville graduated cum laude from Boston College with a bachelor’s degree in philosophy.

     

    Professional Affiliations

    Colorado Defense Lawyers Association

    Colorado Bar Association

    American Bar Association

     

    Honors & Awards

    AV Preeminent Rated, Martindale-Hubbell

    The Best Lawyers in America (2017)

    Named a “Rising Star” by Super Lawyers in Colorado (2017)

    Named a “Rising Star” by Super Lawyers in Illinois (2012-2015)

    Named to National Trial Lawyers’ Top 40 Under 40 (2014)

     

    Community Activities & Personal Interests

    Baskerville values community involvement and serves on the Board of Directors of the Mile High Youth Corps. He also is a member of the Board’s Development Committee.

    He is a member of the Advancement Committee of the Board of Directors of the International School of Denver, too.

    Baskerville also is a steadfast supporter of representing parties pro bono. For example, he represented, pro bono, the defendant in a civil tax issue in which the United States had sought to foreclose on the home of a quadriplegic woman and her teenage daughter in order to satisfy assorted tax liens. With Baskerville’s help, the matter settled favorably for the client and she was able to keep her home.

    He also represented, pro bono, the plaintiff in a civil-rights matter brought against the Cook County Sheriff’s Office and various guards, stemming from a lack of medical care provided to an inmate at the county jail in Chicago, Illinois. The matter settled favorably for the client, which provided him with the means to renew his life after release from prison.

    Baskerville speaks French, enjoys skiing, sailing, CrossFit and environmental issues. And he likes to promote youth education topics, too.

    Speeches & Publications

    *AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

     
    Practice Areas
    • 30%Business Litigation
    • 30%Cannabis Law
    • 20%General Litigation
    • 10%Government Contracts
    • 10%Criminal Defense: White Collar
    Focus Areas

    Trade Secret, Non-Compete Agreements, Litigation, Restraining Order, Small Claims, White Collar Crime, Criminal Law - Federal

    Selections

    Selected to Super Lawyers for 1 yearsmiddle-imageSelected to Rising Stars for 6 years

    Super Lawyers: 2020 Rising Stars: 2012 - 2015, 2017 - 2018

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    About Henry Baskerville

    Admitted: 2005, Colorado

    Professional Webpage: https://www.fortislawpartners.com

    Honors/Awards:

    • “Rising Star”, Super Lawyers, Colorado, 2017
    • AV Preeminent Rated, Martindale-Hubbell, 2017
    • “Rising Star”, Super Lawyers, Illinois, 2012-2015
    • Best Lawyers in America, Best Lawyers, 2017
    • Top 40 Under 40, National Trial Lawyers, 2014

    Special Licenses/Certifications:

    • Certificate in Trial Advocacy, Loyola University School of Law, 2005

    Bar/Professional Activity:

    • Chicago Bar Association, Lawyer-to-Lawyer Mentoring Program, Mentor
    • Illinois
    • U.S. District Court, Northern District of Illinois (Trial Bar)
    • U.S. Court of Appeals, Tenth Circuit
    • American Bar Association
    • Colorado
    • U.S. District Court, Northern District of Illinois
    • U.S. Court of Appeals, Seventh Circuit
    • Colorado Bar Association, 2017
    • U.S. District Court, District of Colorado
    • U.S. District Court, Central District of Illinois
    • Colorado Defense Lawyers Association, 2017

    Pro bono/Community Service:

    • Mile High Youth Corps, Board’s Development Committee
    • International School of Denver, Board of Directors, Advancement Committee, Member, 2017
    • Mile High Youth Corps, Board of Directors, 2016

    Scholarly Lectures/Writings:

    • On February 17, 2016, a Federal District Judge in Colorado issued an important ruling for marijuana businesses.  Specifically, in The Green Earth Wellness Center, LLC v. Atain Specialty Insurance Company, the Court ruled that marijuana can be covered by insurance despite the fact that it is illegal under Federal law.  Perhaps more importantly, the Court ruled that while the harvested marijuana was covered by Green Earth’s insurance policy, the growing crop, the mother plants, and the clones, were not.  , Author, Important Ruling for Marijuana Businesses, LinkedIn, Cannabis, 2016
    • How crucial are supply-chain protections? The answer could be traced to the ongoing vaping crisis. The current public-health emergency has killed at least a dozen people and has hospitalized hundreds more. Aside from the human cost, the tragedy has also raised questions about many aspects of vaping, including its meteoric rise in popularity with young people, its lack of regulatory oversight, and its profitable existence in illicit markets. More importantly, for any business in any industry, this crisis also highlights the need for ensuring the integrity of supply chains., Author, What The Vaping Crisis Teaches Businesses About The Importance Of Supply Chains, Green Entrepreneur, Cannabis, 2019
    • The dominant sales channel for CBD – e-commerce – is becoming a major draw for marijuana manufacturers, who are using hemp-derived CBD to tap into new revenue and a wider consumer base. They’re doing this despite repeated warnings from the U.S. Food and Drug Administration (FDA) that it is illegal to include CBD in food, cosmetics or dietary supplements., Interview subject, Marijuana manufacturers flock to CBD e-commerce amid ongoing legal confusion, Hemp Industry Daily, Cannabis, 2019
    • When Bruce Linton, the co-CEO Canopy Growth -- the world’s largest cannabis company -- was forced out this summer, his departure raised the profile of a common business contract used extensively in today’s cannabis industry -- the non-complete clause.  There's been much speculation about where Linton will land next, given that his non-compete contractually bars him from working in Canadian markets but not in the U.S. Non-compete contracts like Linton's are common in business. Companies need to protect what goes on inside the walls of their boardrooms, warehouses and retail outlets. And non-compete clauses are a way to accomplish this. But despite the legal restrictions, talented workers naturally, and often unintentionally, take with them the knowledge they acquired in one job to other jobs. And not just C-level business leaders, but talent of any kind is a valuable commodity for the ever-increasing number of cannabis start-ups and expansions taking place today., Author, How Enforcable Is Your Non-Compete Clause?, Green Entrepreneur, Cannabis, 2019
    • For most CBD companies, passage of the 2018 Farm Bill in December seemed like a good thing. Popular consensus held the Food and Drug Administration soon would clarify its stance on cannabidiol, paving the way for sensible regulations. Unfortunately, it appears the FDA’s duck, dodge, and deflect strategy persists. Here’s all we know right now: Hemp-derived CBD is federally legal so long as the THC content is below 0.3 percent by dry weight. The FDA held a public hearing May 31 “to obtain scientific data and information about the safety, manufacturing, product quality, marketing, labeling, and sale of products containing cannabis or cannabis-derived compounds.” The agency also established an online process to collect public comment through July 2. While the measures represent a good start and the FDA has indicated it will move as quickly as possible to issue guidance, the agency also warned the process of creating a pathway to approval for health-and-wellness products could take years. The uncertainty is maddening for companies that must assess their risk as they move forward with product development and marketing., Interview subject, CBD & FDA: Plenty of Questions, Few Answers, CBD Today, Cannabis, 2019
    • Restrictive covenants are common in employment contracts. But courts have long held that competition is “the central nervous system of the economy.” United States v. Socony-Vacuum Oil Co., 310 U.S. 150, 226, n. 59 (1940). Consequently, depending on the state in which the company is located (or the state law chosen by the terms of the contract), Courts frequently deem restrictive covenants unenforceable. To avoid this result, companies should take care in drafting their restrictive covenants to protect only what is most important to the company, November, Author, Non-Compete Clauses in Employment Contracts: How to Avoid Having Them Deemed Unenforceable, an ExecSense eBook, 2012
    • "Important Ruling for Marijuana Businesses," LinkedIn Author, March 2016
    • "CFPB Rules Proposal May Drastically Impact School Arbitration Agreements," Career Education Review, Co-Author, December 2015

    Verdicts/Settlements:

    • Honnen Equipment Co. v. Ultra Energy Solutions, Inc. and Eric Whitehead, Case No 2018 CV 30039.  I represented one of the defendants.  I was able to get the Plaintiff to voluntarily dismiss its claims against my client., 2018
    • Represented, Pro Bono, Defendants in United States v. Patricia Ronan, et al., Case No. 12-cv-02395
    • We Rock the Spectrum, LLC v. 5 hearts, LLC et al, Case No. 17-cv-03055. Represented Plaintiff, 2018
    • Craig Brand, et al. v. Frank Geddes, et al., 2018 CV 30591.  I represented the Defendants.  Plaintiffs filed a temporary restraining order and preliminary injunction.  The matter settled favorably for the client. , 2018
    • Kenneth Tallman v. TTB Advisors, Inc., et al. Case No. 18 CV 30010.  I represented one of the Defendants.  After months of litigation, the Plaintiff voluntarily dismissed his claims against my client. , 2018
    • Prinster v. Mastodon Holdings, et al., 2016 CV 34363.  At the close of the Third-Party Plaintiff's Case at trial, the Court granted our Rule 41 motion to dismiss and entered judgment entered in favor of my client, the Third-Party Defendant, on Third-Party claims brought by Defendant, 2017
    • We Rock the Spectrum, LLC v. MoppyHuse, LLC et al, Case No. 17-cv-03049. Represented Plaintiff, 2018
    • American Builders & Contractors Supply Co., Inc. v. 1st Choice Roofing, Inc., et al., Case No. 2014 CV34549.  We represented the plaintiff.  After judgment and garnishment proceedings, the matter ultimately settled favorably for our client. , 2018
    • Christopher Dickinson v. Emily Hoyt, et al.  Case No. 16-cv-69, Pending in the United States District Court for the Northern District of Florida.  I represented three of the seven defendants.  After years of litigation, the matter settled very favorably for my clients., 2018
    • Better with Bacon, Inc. d/b/a BWBacon Group v. INEO, LLC.  Case No. 2018 CV 31166.  I represent the Plaintiff.  We obtained a judgment against the defendant and are pursuing collections., 2018
    • Represented, Pro Bono, Plaintiff in Harper v. Dart, et al., Case No. 10-cv-3873
    • Brooke v. Gateway Park Hotels LLC, 17-cv-02908.  Represented Defendant, 2018
    • Dennis Hambley v. Kolbe Striping, et al., Case No. 2018 CV 30312.  I represented the Plaintiff.  After and serving the complaint, the matter settled favorably for my client., 2018

    Educational Background:

    • Boston College, Honors: Cum Laude, 2001

    Industry Groups

    • Cannabis Industry
    • Construction
    • Small Businesses
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    Office Location for Henry M. Baskerville

    1900 Wazee Street, Suite 300
    Denver, CO 80202

    Phone: 303-565-8066

    Fax: 303-295-9701

    Henry M. Baskerville:

    Last Updated: 4/6/2020

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