Troy R. Rackham DIRECTOR (303)

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Troy R. Rackham DIRECTOR (303) 291-3209 trackham@fclaw.com Mr. Rackham holds the highest rating awarded by Martindale-Hubbell Law Directory as an AV Preeminent Lawyer.

1 Troy R. Rackham DIRECTOR (303) Mr. Rackham holds the highest rating awarded by Martindale-Hubbell Law Directory as an AV Preeminent Lawyer. Selected as a Rising Star by Colorado Super Lawyers from 2009 through 2012, his practice includes employment and civil rights law, legal and medical malpractice and other forms of complex litigation. Mr. Rackham defends lawyers, hospitals, nursing homes, long term care facilities and other health care organizations in a wide variety of cases and claims. He has a particular focus on defending legal and health care professionals in malpractice and disciplinary actions against them. Selected for inclusion in The Best Lawyers in America in 2011, , Mr. Rackham regularly advises legal professionals on ethics, malpractice and professional liability issues. Mr. Rackham authors a treatise on Colorado Legal Malpractice litigation, which is updated annually. He has orally argued and prepared briefs in dozens of appellate cases, most of which involved claims against lawyers, hospitals, physicians, or health care systems. Mr. Rackham is a member of the American, Colorado and Denver Bar Associations. Mr. Rackham frequently teaches courses for legal and medical professionals, including courses designed to teach professionals about the risks and benefits of using social media, technology, and use of electronic medical records. Mr. Rackham has presented to national associations of nurses and other health care professionals on a variety of topics. Mr. Rackham also frequently presents to risk managers regarding medical/ legal issues. Mr. Rackham has authored numerous articles and chapters on civil litigation and professional liability issues, including writing an annual survey on changes to Colorado s civil procedure law. When not handling complex matters for clients, Mr. Rackham spends time with his family enjoying Colorado s great outdoors. Mr. Rackham also regularly volunteers his time working with community organizations and the local bar associations, as well as serving as pro bono counsel to kid s organizations and through Metro Volunteer Lawyers. Mr. Rackham also aims to provide at least 50 hours of pro bono representation, in addition to volunteer service forhabitat for Humanity and other public-interest organizations. Representative Cases Cedar Springs Hospital v. Simpson, ---P.3d ---, Case No. 13SA124 Kelly v. Haralampopoulos, --- P.3d --- (currently pending decision), Court of Appeals Case. No. 10CA0668 (Oct. 13, 2011) Harner v. Chapman, --- P.3d ---, Case No. 11CA2401 (Dec. 27, 2012), cert. pending Accident & Injury Medical Specialists, P.C. v. Mintz, 279 P.3d 658 (Colo. 2012) Allen v. Steele, 252 P.2d 476 (Colo. 2011). Portercare Adventist Health Sys. v. Lego, --- P.3d ---, 2010 WL (Colo. App. Sept. 16, 2010), cert. pending. Stanton v. Schultz, 222 P.3d 303 (Colo. 2010) Peper v. St. Mary s Hospital & Med. Ctr., Inc., 207 P.3d 881 (Colo. App. 2008) State Farm Fire & Cas. Co. v. Weiss, 194 P.3d 1063 (Colo. App. 2008) Schultz v. Stanton, 198 P.3d 1253 (Colo. App. 2008) Anstine v. Alexander, 152 P.3d 497 (Colo. 2007)

Mr. Rackham defends lawyers, hospitals, nursing homes, long term care facilities and other health care organizations in a wide variety of cases and claims.

2 In re Estate of Myers, 130 P.3d 1023 (Colo. 2006) Rantz v. Kaufman, 109 P.3d 132 (Colo. 2005) Anstine v. Alexander, 128 P.3d 249 (Colo. App. 2005) Aller v. Law Office of Carole Schriefer, 140 P.3d 23 (Colo. App. 2005) Essex Ins. Co. v. Tyler, 309 F.Supp.2d 1270 (D. Colo. 2004) Silverview v. Overlook at Mt. Crested Butte Ltd. Liab. Co., 97 P.3d 252, 257 (Colo. App. 2004) Williams v. Boyle, 72 P.3d 392 (Colo. App. 2003) Keefe v. Kirschenbaum, 40 P.3d 1267 (Colo. 2002) Practice Areas Appeals Business Litigation Employment and Labor Relations Civil Rights/Public Entity Correctional Care Government Affairs Health Care Litigation & Regulation HIPAA Compliance Medical Negligence Defense Professional Errors & Omissions Professional Liability Articles and Presentations Presentations Speaker, Employment Decisions and Documentation, July 22, 2015 Speaker, Mock Trials, Worldwide President s Organization Education Event, April 16, 2015 Speaker, Dazed and Confused, Colorado Bar Association Litigation Section, April 21, Speaker, Competency and Confidentiality in Lawyers' Use of Technology: What the New Changes to the Model Rules of Professional Conduct Mean for Colorado Attorneys, Colorado Bar; September 12, Speaker, Peer Review and Quality Management Privileges, Colorado Defense Lawyers Annual Meeting; July 26, 2012.

Boyle, 72 P.3d 392 (Colo. App. 2003) Keefe v. Kirschenbaum, 40 P.3d 1267 (Colo.

3 Speaker, Malpractice for the Young Lawyer (Ethics), Colorado Defense Lawyers Annual Meeting; July 26, Speaker, Ethics for School Lawyers, Colorado Association of School District Counsel, Broomfield, CO; June 1, Speaker, Trial Preparation from Start to Finish, IPE program to Colorado paralegals, May 15, Speaker, Colorado s New Pilot Project Rules, Colorado Association of Legal Administrators, April 19, Speaker, Malpractice on Facebook: Professional Liability and Ethical Risks in Using Social Media, Colorado Bar; April 4, Speaker, Nursing Liability in the Facebook Era, Association of perioperative Registered Nurses ("AORN"), 59th Annual National Congress in New Orleans, March 26, Speaker, Trends in Legal Malpractice Litigation, Preventing Legal Malpractice Seminar hosted by the Colorado Bar Association CLE; January 26, 27 and February Speaker, Avoiding Legal Malpractice Claims And Disciplinary Complaints, Colorado and Denver Bar Association Young Lawyers, November 17, Speaker, Legal Risks and Benefits to Medical Documentation Using an EMR," presentation to an organization of peri-operative and operating room nurses from several Colorado hospitals, November 6, Recent Articles Report Regarding The 2013 ABA Mid-Year House Of Delegates Meeting In Dallas, Texas, CBACLE LegalConnection (May 2, 2013) Troy Rackham quoted in Social Media Speech Broadly Protected, Law Week Colorado (January 7, 2013) Law Week Colorado features Troy Rackham, ABA Provides Clarity On Some, Not All, Online Marketing, (January 7, 2013) Trends in Legal Malpractice Litigation, Chapter 36, COLORADO ATTORNEY S PROFESSIONAL LIABILITY HANDBOOK (Nov. 2011) (Colo. CLE) Civil Procedure, 2011 ANNUAL SURVEY OF COLORADO LAW, at CIV-1 (CLE in Colo., Inc., 2012) (with William Garehime, Esq.). Developing Citizen Lawyers Perspectives From a Mentee and Mentor, 41:8 COLORADO LAWYER (August 2012) Privacy, legal and business issues of website disclaimers, INSIDE TUCSON BUSINESS (July 27, 2012) (with Susan E. Chetlin, Esq.) Report from New Orleans: Inside the ABA Midyear Meeting, THE DOCKET (Denver Bar Association, May 2012) Hiring and firing: How social media fits in There are questions employers should consider, COLORADO BIZ (July 28, 2011) Social media goes to court -- The information superhighway can lead to an evidentiary goldmine, COLORADO BIZ (Aug. 19, 2011) (with John Balitis, Esq. and Carrie Pixler-Ryerson, Esq.) Too much social media at work? When it comes to discipline, employers have to be careful not to cross the line, COLORADO BIZ (Aug. 26, 2011) (with John Balitis, Esq. and Carrie Pixler-Ryerson, Esq.) How to create a social media policy Make sure it fits your company's culture, COLORADO BIZ (Sept. 1, 2011) (with John Balitis, Esq. and Carrie Pixler-Ryerson, Esq.) Tweet from Uncle Sam: Let your employees chat about work through social media--or else!, COLORADO BIZ (Sept. 16, 2011) (with John Balitis, Esq. and Carrie Pixler-Ryerson, Esq.)

Speaker, Trial Preparation from Start to Finish, IPE program to Colorado paralegals, May 15, 2012.

4 Caution: social media and hiring ahead Employers need to handle Facebook info with care, COLORADO BIZ (Oct. 10, 2011) (with John Balitis, Esq. and Carrie Pixler-Ryerson, Esq.) Is tonight s holiday party tomorrow s post? Keep your company bash from becoming a social media sideshow, COLORADO BIZ (Dec. 14, 2011) (with John Balitis, Esq. and Carrie Pixler-Ryerson, Esq.) Report from Toronto: Inside the ABA Midyear Meeting, THE DOCKET (Denver Bar Association, Oct. 2011) The New Subpoena Rule and Other Material Updates to Colorado s Civil Procedure Law,presented to the Colorado Bar, May 15, The Legal Implications of Poor Documentation, presented at the Association of perioperative Registered Nurses ("AORN"), 60th Annual National Congress in San Diego, March 5, Trends in Legal Malpractice Litigation, presented to the Colorado Bar, February 1, Civil Procedure, 2012 ANNUAL SURVEY OF COLORADO LAW, at CIV-1 (CLE in Colo., Inc., 2013) (with William Garehime, Esq.) Professional and Community Activities Member, Professional Liability committee, Ethics committee and Labor and Employment Law Committee, Colorado Bar Association Member, Denver Bar Association Barrister, William Doyle Inn of Court. Delegate, American Bar Association House of Delegates Admissions Colorado, 2000 U.S. District Court, District of Colorado, 2000 U.S. Court of Appeals, Tenth Circuit, 2000 U.S. Supreme Court, 2003 Education and Honors Honors Finalist, Denver Business Journal's 40 Under 40, 2013 Denver Bar Association s Young Lawyer of the Year, 2012 Best Lawyers in America, Legal Malpractice Law; Medical Malpractice Law - Defendants, Colorado Rising Stars, Personal Injury Defense: Medical Malpractice, AV Preeminent Peer Review Rated (the highest rating available), by Martindale-Hubbell Colorado Super Lawyers, COBALT, Colorado Bar Leadership Training, 2011

) Report from Toronto: Inside the ABA Midyear Meeting, THE DOCKET (Denver Bar Association, Oct.

5 Education J.D. William and Mary School of Law, 2000 Senior Articles Editor, William and Mary Law Review B.A., cum laude, Weber State University, 1997

AV Preeminent Peer Review Rated by Martindale-Hubbell. 1

AV Preeminent Peer Review Rated by Martindale-Hubbell. 1 DAVID M. MCLAIN STATEMENT OF PRACTICE: David M. McLain is a founding member of Higgins, Hopkins, McLain & Roswell, LLC, a firm which specializes in construction law and construction litigation throughout