Henry M. Baskerville

Attorney Profile

Top Rated Business Litigation Attorney in Denver, CO

Fortis Law Partners LLC
 | 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

Recognized by Super Lawyers, Best Lawyers in America, and National Trial Lawyers, Henry Baskerville is an experienced trial lawyer who focuses on complex commercial litigation, cannabis law, white-collar criminal defense, government contracts, and construction law.  Henry also has received an AV Preeminent Rating from Martindale-Hubbell, the highest possible rating, for both legal ability and ethical standards.

Commercial Litigation
Henry frequently represents parties in disputes over ownership of closely held companies.  He has represented numerous individual and corporate clients in a wide variety of disputes, including breach of contract, breach of fiduciary duty, fraud, fraudulent transfers, alter ego, trade secrets, restrictive covenants, False Claims Act claims (qui tam cases), securities, and bankruptcy and receivership proceedings. He has tried cases in courtrooms across the country and has handled appeals to the Colorado and Illinois Appellate Courts, the Fourth Circuit, Seventh Circuit, and Tenth Circuit Courts of Appeals. 

Cannabis Industry
Henry also provides assistance to individuals and businesses in the cannabis industry, both to companies in the legal THC industry and also in the hemp and CBD industries.  In this area, Henry has assisted in many business divorces, which are all too common in the cannabis industry.  He also serves as outside general counsel to more than a dozen cannabis companies and provides general business advice, as well as guidance on state and federal regulations governing the operation of cannabis businesses and the solicitation of and contracting with investors and other business partners. Henry 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.  In addition, he helps companies apply for and secure the necessary licenses to cultivate and dispense cannabis and its byproducts, and helps them to stay in compliance with the various regulations governing their businesses. 

White Collar & Investigations
In the white-collar area, Henry handles both the defense at trial and appeal of public corruption charges, as well as bank, mail, securities and tax fraud matters.  Henry represents clients in all phases of criminal matters from the investigation stage all the way through appeals. In addition to criminal trials and appeals, he has managed numerous grand jury investigations, responded to many government subpoenas and has managed large joint-defense groups.

Henry conducts internal investigations of entities and institutions concerned about potential violations of the law and those that are already facing government probes. He also assists businesses in setting up compliance programs that provide policies and procedures aimed at eliminating potentially unlawful conduct.

Government Contracting
Henry has significant experience in government contracting. He has represented businesses in both civil and criminal investigations stemming from contracts those businesses signed with various governmental entities. He has conducted internal investigations stemming from issues with government contracts. Henry has assisted in the implementation of compliance programs designed to meet the requirements of various governmental contracts.  Henry has represented numerous clients in contracting with the government and in False Claims Act suits and other investigations stemming from various issues relating to government contracting.

Small Businesses
Henry serves as outside general counsel or in an advisory capacity helping many small businesses. In that role, he counsels companies on a wide variety of legal matters from HR issues to corporate work to litigation and has assisted with investigations from various governmental agencies. He also has helped companies re-write their contracts and internal policies to avoid future problems. He has counseled companies from a wide variety of industries that are as diverse as cannabis companies, banks, e-commerce companies, vacation rental management businesses, physician practices, and even golf courses.

Construction Litigation
Henry also has extensive experience litigating construction matters. In addition to being the son of a residential home builder, at the beginning of his career, he worked for the City of Chicago Law Department in the Building and Land Use Litigation Division.  Since that time, in private practice, Henry has represented clients as diverse as multinational construction conglomerates to small local contractors in a wide variety of disputes. Henry has represented various contractors in litigation against the government and lower-tier subcontractors. 

Practice Areas

  • Contract and Commercial Litigation

  • Cannabis Law

  • White Collar Criminal Defense

  • Government Contracting

  • 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

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 (2017-2018)

  • 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 is a member of the Advancement Committee of the Board of Directors of the International School of Denver.

Henry previously served on the Board of Directors of the Mile High Youth Corps. He also was a member of the Board’s Development Committee.

Henry gives back to the community by representing indigent parties pro bono.

Henry speaks French, enjoys skiing, CrossFit, sailing, 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
Lawyer Practice Area Pie Chart

Business Litigation (30%): Trade Secret, Non-Compete Agreements

Cannabis Law (30%)

General Litigation (20%): Litigation, Restraining Order, Small Claims

Government Contracts (10%)

Criminal Defense: White Collar (10%): White Collar Crime, Criminal Law - Federal

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: 11/1/2019

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