Otto K. Hilbert, II

Attorney Profile

Top Rated Securities Litigation Attorney in Denver, CO

 | 535 16th St, Suite 810
Denver, CO 80202
Phone: 303-927-0142
Selected To Super Lawyers: 2009 - 2015, 2019 - 2021
Licensed Since: 1989
Practice Areas:
  • Securities Litigation (30%),
  • Business Litigation (30%),
  • Constitutional Law (10%),
  • Criminal Defense: White Collar (10%),
  • Intellectual Property (10%),
  • Securities & Corporate Finance (10%)
    Attorney Profile

    His offices are in Denver, 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, VP of Colorado Notre Dame Lawyers Committee, VP of Gyro Club of Denver 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
    • 30%Securities Litigation
    • 30%Business Litigation
    • 10%Constitutional Law
    • 10%Criminal Defense: White Collar
    • 10%Intellectual Property
    • 10%Securities & Corporate Finance
    Focus Areas

    Trade Secret, Non-Compete Agreements, White Collar Crime, Criminal Law - Federal, Securities Law


    Selected to Super Lawyers for 10 yearsbottom-image

    Super Lawyers: 2009 - 2015, 2019 - 2021

    Email Me

    To: Otto K. Hilbert, II
    Super Lawyers: Potential Client Inquiry


    The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. The use of the internet or this contact form for communication is not necessarily a secure environment. Contacting a lawyer or law firm email through this service will not create an attorney-client relationship, and information will not necessarily be treated as privileged or confidential.

    About Otto Hilbert, II

    Admitted: 1989, Colorado

    Professional Webpage:


    • Edward Frederick Sorin Society
    • Martindale-Hubbell Law Directory
    • 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

    Special Licenses/Certifications:

    • NFL Certified Contract Advisor, 1993

    Bar/Professional Activity:

    • President, Notre Dame Lawyers Committee, Notre Dame Club of Denver, 2019
    • 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

    Pro bono/Community Service:

    • President, Notre Dame Lawyers Committee, Notre Dame Club of Denver, 2019
    • 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

    Scholarly Lectures/Writings:

    • "Broker Prevails," Colorado Journal, Volume 24, Number 34
    • 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


    • Joseph v. HEI Resources, Inc., et al., Case No. 09-cv-7181
    • 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

    Representative Clients:

    • QuickSteel, Real Deal Gaming, Two Rivers Water and Farming, Arcurus 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


    • Firm news and information

    Educational Background:

    • JD University of Colorado, 1988
    • University of Notre Dame, B.A.

    Industry Groups

    • FINRA
    • SIFMA
    Find Me Online
    Website -
    Show More
    Office Location for Otto K. Hilbert, II

    535 16th St
    Suite 810
    Denver, CO 80202

    Phone: 303-927-0142

    Otto K. Hilbert, II:

    Last Updated: 11/12/2020

    Page Generated: 0.25188016891479 sec