Henry M. Baskerville

Top rated General Litigation attorney in Denver, Colorado

Fortis Law Partners LLC
Henry M. Baskerville
Fortis Law Partners LLC

Practice Areas: General Litigation, Business Litigation, Cannabis Law; view more

Licensed in Colorado since: 2005

Education: Loyola University Chicago School of Law

Languages Spoken: English, French

Selected to Super Lawyers: 2020 - 2024 Selected to Rising Stars: 2012 - 2015, 2017 - 2018

Fortis Law Partners LLC

1900 Wazee Street, Suite 300
Denver, CO 80202 Visit website


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 lawsuit over ownership in a large cannabis business.  Our client seeks more than $100 million in damages.  The matter settled favorably for our client on the eve of Trial.
  • AARRH Project LLC et al v. SACCO Farms, LLC et al., Case No. 20-cv-31775. The matter proceeded to a five-day bench trial. We are awaiting a Ruling.
  • Richard Batenburg, Jr., v. Batmann Consulting, Inc., Case No. 19-cv-341536 (Consolidated with Case Nos. 19-cv-34558 and 19-cv-34695). The matter proceeded to an eleven-day bench trial. We are awaiting Ruling.

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

Outside General Counsel

Henry has served as an outside general counsel or in an advisory capacity helping many small businesses. He has counseled companies on employment matters, contractual disputes, litigation and has assisted with investigations from various state labor agencies. He also helps companies rewrite their contracts and internal policies to avoid future problems. Henry has counseled companies from diverse industries, including banks, e-commerce companies, vacation rental management businesses, physician practices and even golf courses.

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.

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.

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.

Expert Witness

Henry has substantial experience testifying as an expert witness across many industries and on diverse subjects, ranging from legal ethics to cannabis regulations.

Practice Areas

Bar Admissions



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


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

American Bar Association

American Herbal Products Association: Cannabis Committee

Colorado Defense Lawyers Association

Colorado Bar Association

Honors & Awards

  • Awarded Lead Counsel Verification in Civil Litigation by Lawinfo.com, a subsidiary of Thompson Reuters.
  • AV Preeminent Rated, Martindale-Hubbell
  • Named to the Colorado Super Lawyers List – 2020-2024
  • Denver Business Journal Leadership Trust Member – 2020-2021
  • Named to U.S. News & World Report’s Best Lawyers list – 2017-2019
  • Named to Colorado Super Lawyers Rising Star List – 2012-2015, 2017, 2018
  • 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

Henry was a member of the Advancement Committee of the Board of Directors of the International School of Denver.

Henry values community involvement and previously served on the Board of Directors of the Mile High Youth Corps and as a member of the Board’s Development Committee.

He appreciates the opportunity to give back to the community by representing parties pro bono.

Henry speaks French, enjoys skiing, sailing, CrossFit, environmental issues, and youth education.

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

General Litigation, Business Litigation, Cannabis Law, Criminal Defense: White Collar, Government Contracts

Focus areas

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

  • 40% General Litigation
  • 30% Business Litigation
  • 10% Cannabis Law
  • 10% Criminal Defense: White Collar
  • 10% Government Contracts

First Admitted: 2005, Colorado

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

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
  • “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
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
Educational Background:
  • Boston College, Honors: Cum Laude, 2001
Special Licenses/Certifications:
  • Certificate in Trial Advocacy, Loyola University School of Law, 2005
Verdicts/Settlements (Case Results):
  • 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
Scholarly Lectures/Writings:
  • The DEA’s recent interim final rule–which appears to be in contravention of the letter and spirit of the Agricultural Improvement Act of 2018 (aka the Farm Bill)–continues to cause concern and turmoil in the industry. The proposed rule addresses CBD and hemp manufacturing, and threatens to criminalize certain hemp derived cannabinoids, extracts and derivatives, and received over 3,300 comments during the public comment period. , Author, Synthetic vs. Natural Hemp: A Legal and Labeling Minefield, Cannabis Business Executive, 2020
  • The DEA recently issued an interim final rule addressing the implementation of hemp provisions of the Agricultural Improvement Act of 2018 (aka the Farm Bill). But the rule has left many hemp companies confused and concerned. Specifically, the DEA seeks to criminalize certain cannabinoids in what appears to be a direct contravention of the letter and spirit of the Farm Bill. , Author, The DEA's New Interim Hemp Rule Has Left Many Companies Confused, Green Entrepreneur, 2020
  • Investors in the CBD market are beginning to take a sharp look at the international arena as restrictions loosen and usage of CBD products grows in Europe, Latin America and beyond. As with all investments, there are risks to be considered when participating in the overseas cannabis market, along with the potential for generous returns. Because the industry is so new in most countries, the legalities can be fraught, with governing, banking and financing regulations not firmly in place., Author, Risks and Rewards of International CBD Markets, Cannabis Business Executive, 2020
  • A new and notable change is on the cannabis horizon, and it will affect a wide swath of cannabis and CBD products. Beginning January 3, 2021, the sweeping labeling requirements of California’s Proposition 65 will apply more broadly to cannabis and CBD products., Author, What You Need To Know About Changes To California's Prop 65, Green Entrepreneur, 2020
  • The pandemic has affected every industry in the U.S., some worse than others, and the cannabis industry has not been immune. Unfortunately, some cannabis companies seeking justice in court could face such long delays that they may never get resolution., Author, Justice For All? How COVID-19 Is Affecting Litigation in the Cannabis Industry, Green Entrepreneur, 2020
  • It would be an understatement to say that M&A activity was robust in Colorado’s cannabis marketplace last year, especially concerning the state’s dispensaries and cultivators. Can we expect the same kind of frenzied activity in this sector again this year?, Author, For Colorado’s cannabis companies, more M&A?, Denver Business Journal, 2020
  • Colorado’s hemp growers are about to get a lot more competition now that the USDA has begun promulgating its plan for national hemp production. Under the department’s so-called interim final rule, hemp growers across the country now have a lot more legal and practical guidance on everything from THC testing and crop disposal to insurance requirements and criminal background checks., Author, Colorado hemp growers should pay attention to new USDA rules, Denver Business Journal, 2020
  • Business partnerships often are compared to marriages – for good reason. Both begin in heady, if not heartfelt, optimism. Both take a lot of hard work to succeed. And both, unfortunately, face steep odds for long-term success. In fact, while as many as 50% of marriages will end in divorce, some 70% of business partnerships similarly will fail., Author, When the Magic Fades: Avoiding a Bad Canna-Business Breakup, Cannabis Business Executive, 2020
  • 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
  • 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
  • "Important Ruling for Marijuana Businesses," LinkedIn Author, March 2016
  • 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
  • "CFPB Rules Proposal May Drastically Impact School Arbitration Agreements," Career Education Review, Co-Author, December 2015, CFPB Rules Proposal May Drastically Impact School Arbitration Agreement, Career Education Revie, 2015
Industry Groups:
  • Cannabis Industry
  • Construction
  • Small Businesses

Office location for Henry M. Baskerville

1900 Wazee Street, Suite 300
Denver, CO 80202

Phone: 303-565-8066


5 Years Super Lawyers
6 Years Rising Stars
  • Super Lawyers: 2020 - 2024
  • Rising Stars: 2012 - 2015, 2017 - 2018

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