Otto K. Hilbert, II

Top rated securities litigation attorney in Denver, Colorado

Otto K. Hilbert, II

Practice Areas: Securities litigation, Business litigation, Constitutional law; view more

Licensed in Colorado since: 1989

Education: University of Colorado Law School

Selected to Super Lawyers: 2009 - 2015, 2019 - 2023
Free Consultation


1780 S Bellaire St
Suite 690
Denver, CO 80222 Visit website


Firm offices are in Denver, Boulder, Colorado Springs, and Telluride. Otto K. Hilbert, II represents the rights and interests of a diverse range of clients throughout the state and across the country who have legal needs involving any of the following:

·        General commercial litigation

·        Intellectual property

·        Construction defect litigation

·        Real estate litigation, arbitration and transactions

·        White collar criminal defense

·        Securities law violations

·        Antitrust matters

·        Broker/dealer employment law

·        Arbitration and mediation

·        General business consulting

A 1984 graduate of the University of Notre Dame, Mr. Hilbert attended the University of Colorado Law School, where he obtained his Juris Doctor in 1988. Licensed to practice in Colorado, Wisconsin and Arizona, he is admitted to practice before the U.S. District Courts for the District of Colorado, the District of Arizona, the Western District of Michigan and the Northern District of California. He also practices before the U.S. Courts of Appeals for the 5th, 9th and 10th Circuits as well as before the U.S. Supreme Court.

Widely regarded as a leader in his field, Mr. Hilbert routinely conducts lectures and seminars across his region on a variety of legal topics, and he has published numerous articles on subjects involving corporate governance, internal controls, mitigating risk exposure and other related topics. He has conducted numerous arbitrations for various state and federal agencies, including FINRA and the National Futures Association, and served as first chair in many significant trials and appeals.

Recognized for his impeccable professionalism and exceptional legal abilities, Mr. Hilbert holds an AV Preeminent peer review rating from Martindale-Hubbell, and he has earned top ratings from Avvo and other client- and peer-review sources. He is the former Chair of the Colorado Judicial Institute.  He has also served as President or Board Member for a variety of organizations including the Catholic Lawyers Guild, the Notre Dame Club, Chair of Colorado Notre Dame Lawyers Committee, The Gyro Club of Denver, The University Club of Denver, The Denver Athletic Club and several other private clubs.  

*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

Securities litigation, Business litigation, Constitutional law, Criminal defense: white collar, Intellectual property

Focus areas

Trade secret, Non-compete agreements, White collar crime, Criminal law - federal

  • 40% Securities litigation
  • 30% Business litigation
  • 10% Constitutional law
  • 10% Criminal defense: white collar
  • 10% Intellectual property

First Admitted: 1989, Colorado

Professional Webpage:

Bar/Professional Activity:
  • Chair, Notre Dame Lawyers Committee, Notre Dame Club of Denver
  • Vice President, Notre Dame Lawyers Association, 2019
  • United States Tax Court
  • United States Court of Appeals, Second Circuit
  • Arbitrator for NAM (National Arbitration and Mediation)
  • Arizona, Member
  • Past Board Member, Colorado Judicial Institute
  • Arbitrator for the National Futures Association
  • Supreme Court of the United States
  • Arbitrator for CBOE (Chicago Board Options Exchange)
  • Wisconsin, Member
  • Fellow, Colorado Bar Association Foundation
  • Admitted in multiple U.S. District Courts around the Country
  • Arbitrator for Financial Industry Regulatory Authority (FINRA)
  • Board Chair, Colorado Judicial Institute, 2011
  • United States Court of Appeals for the Ninth and Tenth Circuits
  • Colorado, Member
  • Arbitrator for FINRA
  • President, Catholic Lawyers Guild of Colorado, 2009
  • Member, Securities Industry and Financial Markets Association (SIFMA) Compliance and Legal Division
  • Joseph v. HEI Resources, Inc., et al., Case No. 09-cv-7181
  • Successfully defended a grand jury securities fraud indictment, 2022
  • SEC v. Arcturus Corporation et al., 912 F.3d 786 (5th Cir. 2019). As lead counsel for Defendants/Appellants, argued before the 5th Circuit and won a complete reversal and remand of a $15,500,000 judgment against my clients. The SEC moved for an en banc hearing and the 5th Circuit issued another opinion, furthering its prior findings in my clients favor. SEC v. Arturus Corporation, et al., Case No. 17-10503, June 27, 2019 (2019 WL 2622534)., 2019
  • Gondola Building, LLC v. Dallas Divide Construction, LLC, et al., District Court San Miguel County, Colorado, Case No. 04-cv-13
  • Summit Park II v. Summit Park Condominium Association, et al., District Court, El Paso County, Colorado, Case No. 04-cv-1431
  • Telluride Properties, Inc. v. Yale Fisher, District Court of San Miguel County, Colorado, Case No. 00CV11
  • Mrs. Colorado - America, Inc. v. Mrs. Colorado United States Pageant, et al., United States District Court, District of Colorado, Case No. 05-cv-02660-MSK-MEH
  • Marion Merrell Dow, Inc. v. Geneva Pharmaceuticals, Inc., 877 F. Supp. 531, 33 U.S.P.Q. 2d 1673 (D. Colo. 1994)
  • Telluride Real Estate Co. v. Penthouse Affiliates, LLC, 1999 WL 21452, 1999 CJ C.A.R. 708 (Colo.App. 1999) cert. denied April 10, 2000, 1999
  • Staff Builders of Philadelphia, Inc. v. Koschitzski, 1989 WL 97407, 97419, 95486 E.D. Pa. 1989), 1989
  • successfully defended $60 Million lawsuit alleging fraud and violation of the Colorado Consumer Protection Act, 2011
  • Obtained a successful verdict against the Securities Commissioner for the State of Colorado., 2014
  • DeForrest v. City of Cherry Hills Village, 990 P.2d 1139, 1999 CJ C.A.R. 4460 (Colo.App. 1999) cert. denied January 18, 2000, 1999
  • AeroTech, Inc. v. Estes, 110 F.3d 1523, 1997-1 Trade Cases P 71, 771 37 Fed.R.Serv. 3d 867, 97 CJ C.A.R. 514 (10th Cir. (Colo.) 1997), 1997
  • Award - FINRA Dispute Resolution Case No: 07-02699, In the Matter of the Arbitration Between: Claimant Richard E. Blanco and Respondent  Morgan Stanley DW. Inc. n/k/a Morgan Stanley & Company, Incorporated, Nature of the Dispute: Associated Person vs. Member, Representation of Parties: Claimant Richard E. Blanco: Otto K. Hilbert, II, Esq., Robinson Waters & O'Dorisio, Denver, Colorado, Hearing Site: Denver, Colorado
  • Won a securities regulatory case involving three brokers and a broker/dealer, 2017
  • Prevailed in breach of contract case in California state court., 2016
  • People v. Perkell, 969 P.2d 703, 98 CJ C.A.R. 6077 (Colo. 1998), 1998
  • Award - NASD Dispute Resolution Case Number: 05-05013, In the Matter of the Arbitration Between: Stephan A. Velazquez, Angela Godinho and Kristine Klein, Claimants v. Morgan Stanley DW Inc., Respondent Morgan Stanley DW Inc., Counter-Claimant v. Angela Godinho, Counter-Respondent, Hearing Site: Denver, Colorado Nature of the Dispute: Associated Persons v. Member Member v. Associated Person, Representation of Parties For Claimants, Otto Hilbert
  • Won residential construction defect case in Denver District Court, 2017
  • Successfully resolved a $100 million lawsuit alleging fraud and misrepresentation, 2015
Scholarly Lectures/Writings:
  • "Broker Prevails," Colorado Journal, Volume 24, Number 34
  • Continuing education presentation regarding updates to international arbitration rules and procedures, Author/Presenter, International Arbitration Update, 2022
  • Protecting Companies from Fraud and Corporate Criminal Liability" and "What Everyone Should Know About Procuring Cause."
  • "Corporate Governance and Internal Controls: What Sarbanes-Oxley Means for Business", "Limited Liability Company Update in Colorado
  • "Battle State," Colorado Journal, Volume 24, Number 16
  • Spoke to corporate business attorneys on the topic of regulatory investigations by various regulatory bodies., Presenter, Protecting Companies From Fraud and Corporate Criminal Liability, National Business Institute, 2005
  • Guest Lecturer, University of Notre Dame Law School
  • Guest Lecturer, University of Colorado
  • Guest Lecturer, University of Denver
  • Spoke to legal community about liability for fraud and criminal actions in the corporate and securities contexts., Presenter, What Sarbanes-Oxley Means for Businesses, National Business Institute, 2006
  • Spoke to legal community regarding litigation update for limited liability companies., Presenter, Limited Liability Company Update in Colorado, National Business Institute, 2006
  • Participated in a Symposium on Creationism at The University of Notre Dame, Symposium Participant, 2017
  • Firm news and information,
Educational Background:
  • JD University of Colorado, 1988
  • University of Notre Dame, B.A.
Special Licenses/Certifications:
  • NFL Certified Contract Advisor, 1993
Representative Clients:
  • QuickSteel, Swan Energy, Arcturus Corporation, Aschere Energy, LLC, UBS, Raymond James, Wells Fargo, Templeton Development Corporation, Credit Investments, Inc., Merchants Funding, Medical Lien Management, Inc., U-Haul International, Heartland Energy, various regional broker-dealers, multiple commercial real estate projects and warehouses, multiple boards of directors of both public and private companies, Telluride Real Estate Corp., Harley Davidson, Merriam Merrill Dow, various construction companies, numerous HOAs, many churches, numerous insurance companies, the commissioner of insurance in two states, vacation clubs in four states and three different country clubs. , 2019
Other Outstanding Achievements:
  • President, Gyro Club of Denver, 2019
  • Vice President, Executive Committee, University Club of Denver, 2022
Pro bono/Community Service:
  • President, Notre Dame Lawyers Committee, Notre Dame Club of Denver, 2019
  • Vice President, University Club of Denver, 2022
  • Chair, Notre Dame Lawyers Committee, 2022
  • Assisted realtor in real estate fraud case, 2019
  • President, Gyro Club of Denver, 2019
  • President, Blessed Sacrament School Foundation, 2006
  • President, Notre Dame Club
  • Provided legal services to a 74 year old, legally blind and deaf man to help him obtain both Medicare and Medicaid health insurance., 2017
  • Received Award of the Year from the Arizona Notre Dame Club.
  • Assisted in the conversion of a condominium building to a homeless veteran's shelter, 2017
  • Board Member and Officer of Notre Dame Clubs of Phoenix and Denver.  Both Clubs perform community service and raise funds for need-based scholarships to the University of Notre Dame.
  • Assisted homeless couple in obtaining a rental property for them and their children, 2017
  • Top Complex Commercial Litigator, Top Complex Commercial Litigator, Denver Award Program, 2022
  • , Lawyers of Distinction, Lawyers of Distinction, 2022
  • , America's Top 100 High Stakes Litigators, America's Top 100 High Stakes Litigators, 2022
  • Edward Frederick Sorin Society
  • Martindale-Hubbell Law Directory, AV Litigator, Martindale-Hubbell
  • Superior securities trial attorney and arbitration attorney, AVVO, 2014
  • University of Notre Dame Law School Advisory Council, 1989
  • Repeatedly listed as a Super Lawyer
  • Order of St. Thomas More
  • Golden Chalice Award, Blessed Sacrament Parish, 2009
  • Certified Lead Trial Attorney, Lead Counsel, 2014
  • Closed sale of $15M commercial real estate parcel, 2022
Industry Groups:

Office location for Otto K. Hilbert, II

1780 S Bellaire St
Suite 690
Denver, CO 80222

Phone: 303-927-0142


12 Years Super Lawyers
  • Super Lawyers: 2009 - 2015, 2019 - 2023

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