Don has thirty-five years’ experience litigating, arbitrating and mediating a broad spectrum of contested cases. Don has been recognized by Martindale-Hubbell as an AV® Preeminent™ rated attorney, and was selected to be included in The Best Lawyers in America©, Commercial Litigation (2021). He has successfully represented both plaintiffs and defendants as lead counsel at trial and on appeal in state and federal courts.
Don has substantial experience in complex civil litigation, real estate litigation, energy litigation, mining and mineral litigation, employment litigation, personal injury and product liability litigation. This experience includes antitrust claims, deceptive trade practices claims, partition suits, land use and development disputes, environmental litigation including claims of surface and groundwater contamination, firearms law, breach of contract disputes and declarations of contractual rights, tortious interference and other business torts. In addition, Don has represented both plaintiffs and defendants in personal injury litigation, including defense of wrongful death claims and product liability claims.Don has represented landowners, mineral owners, royalty owners, small independent oil and gas operators and major multinational energy companies in a variety of matters, including royalty disputes, production-in–paying-quantity disputes, marketing claims and breaches of express and implied covenants (including marketing and development claims).
Don has also represented landowners, royalty owners and mining companies in a number of lignite mining and sand and gravel mining disputes.Don is also experienced in construction litigation and arbitration, as well as commercial litigation on behalf of banking and financial services clients. He has assisted clients in class action defense, employment litigation defense, insurance coverage disputes and bad faith claims. He has also represented individuals and companies in lawsuits involving trade secrets, covenants-not-to-compete and misappropriation of confidential information.
