2021Nicole-Westbrook-Headshot_jd.jpg

Nicole Westbrook

Are you wondering if your case is worth fighting? After reviewing the facts, Nicole Westbrook provides a strategic and honest response. Nicole’s 19+ years of experience provides the outcome and gratification desired by every client. As a former federal law clerk in the busiest U.S. trial court, Nicole’s insights are hard-fought, innovative, and customized for the specific needs of every client. Her sole focus and passion lie in achieving the successful results that improve her clients’ lives.

 

Nicole’s tenacity and ambitious nature drive her to prevail in both minor, high-stakes business disputes that others refuse to try. From defamation to breach of fiduciary duties to fraud, complex contract disputes, commercial real estate litigation, and all else between, Nicole tries and argues matters from both sides of the aisle, plaintiff, and defendant, in federal and state courts and arbitration venues throughout the United States. Past achievements in underdog cases of IP theft and trade secret litigation have restored claimant property to the rightful owners and defended against millions of dollars in claimed damages.

 

Nicole is also an MLM trial attorney with experience defending network marketing companies and distributors in private litigation against multi-level marketers. Nicole brings a highly developed understanding of the statute, case regulations, and self-regulatory restraints to prevent fraud, securities violations, and FTC complaints. She handles all aspects of litigation from injunctions to investigations, discovery, mediation, arbitration, litigation, and settlement in matters of conflict between distributors, breaches of policies and procedures by distributors, misleading sales tactics, shareholder disputes, privacy issues, and other areas of legal controversy involving MLMs.

Education

Vanderbilt University Law School, J.D.

University of Wyoming, B.S., with honors

Honors & Distinctions

  • Martindale Hubble AV-Preeminent Attorney 

  • Recognized as “Super Lawyer’s Rising Stars” 

  • Colorado Rising Star (2009-2017)

  • Recognized as “An Up and Coming Lawyer” and “A Compleat Lawyer” by Law Week Colorado. 

  • Instructor, National Institute for Trial Advocacy (NITA)

  • Nominated for “Forty Under Forty” by Denver Business Journal 

Areas of Practice & Expertise 

  • Fiduciary duties to fraud

  • Complex contract disputes

  • Commercial real estate litigation

Admitted to Practice Before

  • Tenth Circuit Court of Appeals

  • Seventh Circuit Court of Appeals

  • U.S. District Court for the District of Colorado

  • U.S. District Court for the Eastern District of Texas

  • U.S. District Court for the Western District of Texas

  • U.S. District Court for the Eastern District of Wisconsin

Professional & Community Affiliations

  • Colorado Bar Association

  • Faculty of Federal Advocates

  • Denver Metro Chamber of Commerce, LD Class 2008

Significant Representations

  • Successfully arbitrated a large commercial real estate case, winning a complete defense verdict in one day of arbitration; all five claims brought by the plaintiff were found to be unsubstantiated.

  • Successfully defended a trade secret and civil conspiracy case. The plaintiff, a nutraceutical company, sought millions of dollars from my client for allegedly stealing proprietary information and engaging in a competing business.

  • Successfully stopped the HOA of an exclusive Colorado mountain resort facility from modifying the fractional interest calendar, which would have removed the Thanksgiving and Christmas holiday ownership period from the client’s penthouse.

  • Successfully represented an oil and gas company in a complicated breach of contract case with declaratory relief to obtain shares of the company wrongly sold by a unitholder of the company in violation of a right of first refusal contained in the LLC Agreement.

  • Represented a minority holder in a closely held company that was subject to a complex merger that resulted in a significant devaluation of the client’s interest in the company.

  • Represented party running for Colorado State public office in defense of a character trying to defame and extort money from the candidate.

  • Represented the purchaser of a resort property near the Royal Gorge in a breach of contract and tortious interference with a business case against the sellers of the property who destroyed or damaged numerous buildings and other critical resources of the resort before leaving; removed vehicles from the property that was to remain on the property; failed to disclose material defects on the property, and tried to prevent vendors from supplying the new owners.

  • Sued a major television syndicate for defamation against a Colorado individual.

Publications

Client & Peer Reviews

“Ms. Westbrook recently helped me with a legal situation that threatened the livelihood of my small business. Her services were exceptional! She put me at ease with her competence, professionalism, and reassurance. I always felt like my needs were her priority. She is a hardworking and dedicated lawyer with the integrity and ethics I was looking for. I highly recommend Ms. Westbrook!”

Anonymous, Avvo