Alan C. Friedberg is a trial lawyer who concentrates his practice in the commercial area including securities, business disputes, and real estate matters. He also handles insurance and professional liability cases. Alan has represented foreign investors in litigation involving securities of U.S. companies and has served as an arbitrator in FINRA (formerly NASD) arbitrations.

Alan has been lead counsel and co-counsel for plaintiffs in securities class actions and has represented both investors and broker/dealers in securities arbitrations. After prosecuting and defending hundreds of courts martial in the military, he maintains an active and diverse trial and appellate practice. In addition to cases before the Colorado appellate courts and the 10th Circuit U.S. Court of Appeals, he argued the case of Howsam v. Dean Witter before the U.S. Supreme Court in October 2002, which resulted in an 8-0 decision in favor of our client.

Alan was selected to the Colorado SuperLawyers in the field of business litigation in 2006, 2007, 2008 2009. 2010 and 2011.  Alan was also named in the 2008, 2009, 2010 and 2011 Colorado Superlawyers - Corporate Counsel Edition, 2011. His ratings also include: Martindale-Hubbell, AV® 5.0 Preeminent ™; Avvo, 10.0 Superb.

Alan has been with the firm, of which he is a shareholder and director, since 1975.

Email: afriedberg@penberg.com

 

Publications and Speeches
Alan has presented seminars on commercial trials and securities litigation for Continuing Legal Education in Colorado and the Colorado Trial Lawyers Association

Contributor, Annual Survey of Colorado Law, Real Property Law Section, 2000-2002

Editor and Contributor, Trial Talk, Commercial Law Section

Selected Published Cases
Barrett v. Investment Management Consultants, Ltd., 190 P.3d800 (Colo. App. 2008)

Howsam v. Dean Witter Reynolds, Inc., 537 U.S. 79 (2002)

Keller Cattle Co. v. Allison, 55 P.3d 257 (Colo. App. 2002)

Johnston v. CIGNA Corp., 14 F.3d 486 (10th Cir. 1993)

Johnston v. CIGNA Corp., 789 F. Supp. 339 (D. Colo. 1992)

In re Marriage of Wright, 841 P.2d 358 (Colo. App. 1992)

O'Connor v. R.F. Lafferty & Co., 965 F.2d 893 (10th Cir. 1992)

Colorado Land & Resources, Inc. v. Credithrift of America, Inc., 778 P.2d 320 (Colo. App. 1989)

Colorado Inv. Services, Inc. v. Hager, 685 P.2d 1371 (Colo. App. 1984)

A.R.A. Mfg. Co. v. Brady Auto Accessories, Inc., 622 P.2d 113 (Colo. App. 1980)

Pottern v. Bache Halsey Stuart, Inc., 589 P.2d 1378 (Colo. App. 1978)

Alexander Dawson, Inc. v. Sage Creek Canyon Co., 546 P.2d 969 (Colo. App. 1976)

Admitted to Practice
Colorado, State and Federal Courts; U.S. Military Court of Appeals; U.S. Federal Court of Claims;
Federal Circuit Court of Appeals; Supreme Court of the United States

Community Involvement
Denver Bar Association Thursday Night Bar Program and Boulder County Legal Services, pro bono volunteer attorney; Rotary International, Member, 2001 to present; Boulder Chamber of Commerce, Leadership Boulder, 1994; Mt. Calvary Lutheran Church Council, 1980-82, 1990-92; Meadows Swim and Tennis Club, Past President; Rotary Club of Denver, Board of Directors, 2010-present.

Professional Activities
Boulder County Bar Association; Denver Bar Association, Chairman, Denver Bar Association Young Lawyer's Section, Chairman of the Denver Bar Association's Legal Services Committee, 1982-83; Colorado Bar Association, Board of Governors, 1993, 1994; American Bar Association; Colorado Trial Lawyers Association, Commercial Law Editor, Trial Talk, 1990-present; Association of Trial Lawyers of America; Faculty member, National Institute for Trial Advocacy; Adjunct professor, University of Denver School of Law, 1989-2000

Education
1970, J.D., Yale University Law School, New Haven, Connecticut
1967, B.A., History, with honors, University of Virginia, Charlottesville, Virginia, Phi Beta Kappa

Honors and Distinctions
Best Trial Talk Article 2002, Real Estate Broker Liability: Who Is Whose Agent?, August/September 2002, Colorado Trial Lawyers Association

Denver Bar Association's Outstanding Young Lawyer Award, 1981

Clerk for Judge Robert H. McWilliams of the U.S. Court of Appeals for the Tenth Circuit, 1974-75

U.S. Army Judge Advocate General's Corps., with tours at Fort Carson, Colorado; Vietnam; and Fitzsimons Army Medical Center, Denver, Colorado; Graduate, U.S. Army Airborne School; Awarded Army Commendation Medal, Bronze Star, 1970-1974