RICHARD A. OERTLI Powhatan Trial Conifer, Colorado PROFILE

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1 RICHARD A. OERTLI Powhatan Trial Conifer, Colorado PROFILE Hard-charging trial attorney, with record of success and reputation for integrity. CAREER HISTORY Trial Attorney Practice, January, 2008 to Present Jury award in excess of $800,000 in remediation and stigma damages against sellers for failure to disclose defects in house purchased for $765,000. Successful defense of breach of contract claim against medical marijuana business. Successful defense of trade secrets case involving digital mapping.

2 $50,000 in fees awarded and dismissal of civil theft and option contract claims. Successful prosecution of civil theft and professional malpractice claims against real estate brokers and property managers. Successful prosecution of civil theft and fiduciary duty claims against general contractor. Successful breach of contract and fiduciary claims against partner in marijuana business. Successful defense of civil theft claim against partner in property development project. Successful defense of conversion and civil theft claims concerning real estate option agreement. Unsuccessful prosecution on behalf of a HOA concerning interpretation of governing documents (On appeal). McElroy, Deutsch, Mulvaney and Carpenter, Denver, CO May, 2005 July, 2007 o Lead defense counsel in litigation involving propane explosion resulting in destruction of mountain lodge and death of three children.

3 o After four week jury trial and award to Hedge Fund investors in accounting malpractice case, accountant client settled for less than award and same as offer prior to trial. o On the eve of five week, construction design/defects, jury trial, case dismissed by summary judgment motion. o Successfully settled carbon monoxide exposure case by obtaining through motion to compel documents that major manufacturer of defective pipe had claimed privileged for over seventeen years of prior litigation, including class actions. Contract Attorney, , Denver, CO o In six months, prepared intellectual property/trade secrets case for trial, after close of discovery and after developing new damages theory; and obtained a $11,000,000 jury award. o Without prior knowledge of facts or area of the law, in less than three days filed a successful appellate brief before the Colorado Court of Appeals. o Initiated Consumer Protection Act litigation. o Prepared for trial fraudulent transfer/alter ego case. Shughart Thomson & Kilroy, Denver, CO Shareholder, December, November, 2002 o Successfully defended intellectual property/employee-pirating action for Qwest employee against AT&T. o Successfully defended covenant not to compete action against major tire supplier. o Investigated and prepared for intellectual property/ patent infringement action for inventor of locking pin system for truck trailers against four largest manufacturers of trailers and locking pins. o Successfully prosecuted covenant not to compete on behalf of Sprint.

4 Holme Roberts & Owen, Denver, CO Special Counsel, August, November, 2000 o Prepared for trial successful, accounting malpractice litigation on behalf of SIPIC against major accounting firm, based on lack of independence of auditors. o Prepared Hammer Complaint against owner of professional sports team on behalf of partner, and obtained result that exceeded expectations. o Handled toxic tort cases for Southern Pacific and Union Pacific in Texas and California. o Defended Yellow Cab in several, bankruptcy, adversary proceedings. Armstrong, Teasdale, LLP, St. Louis, MO Partner, June, 1976 July, 1993 o Obtained Superfund/Cercla clean-up allocation for Anschutz Mining against NL Industries. o Successfully defended intellectual property/trademark case against largest manufacturer of portable buildings for fiber optics and telecommunications equipment. o Successfully prosecuted and defended numerous Sherman Act price fixing, dealer termination actions and Robinson-Patman cases for large manufacturers and small dealers. o Successfully defended numerous life insurance cases for Liberty Life Insurance Company and other carriers under Missouri s no suicide defense law. o Successfully defended numerous asbestos and construction defect cases for Jim Walter Corporation and Celotex. REPRESENTATIVE CLIENTS

5 Anschutz Companies, Liberty Life Insurance, Lorimar Telepictures, Union Pacific/Southern Pacific, SIPIC, Sprint, Monster Vac, Jim Walter Corp./Celotex, Penn-America, AIG, Encompass, Guarantee Electrical Company, MTEC, U.S. Pipe REPRESENTATIVE CASES As solo practitioner, $800,000 plus jury award against sellers for failure to disclose defects, $50,000 award of attorney fees in option contract case, and several successful results involving civil theft, breach of contract, and fiduciary duty claims. $11,000,000 jury award with co-counsel in intellectual property/ trade secrets case, after taking over case from two major firms that had valued the case at $950,000. Before 10 th Circuit on appeal. Superfund award involving toxic mine tailings. Cleanup allocation of approximately $20,000,000, exceeding damages requested, and fees of $1,000,000. Published as Anschutz Mining vs. NL Industries. Resolution of confidential dispute regarding ownership of professional sports team and complex. Numerous, successful life insurance/fraudulent misrepresentation cases. Numerous price-fixing, dealer termination, antitrust civil and criminal cases for Jim Walter Corporation, Alton Box Company, Guarantee Electrical Company and Pepsi distributor. (Authored leading professional text on Federal and Missouri Antitrust laws.) Twenty plus toxic tort cases for Southern Pacific in Texas and California; and fifteen plus construction defect, roofing, and asbestos cases for Celotex in Missouri and Illinois.

6 Successful defense of HVAC design and construction defect action involving clean room humidification requirements for Encompass/MTEC, and successful defense of carbon monoxide exposure claims for Par Mechanical. Successful dismissal of copper smelting plant design and performance claims for Anschutz Mining against Cyprus Mineral. Successful prosecution of claims based on defective design of tailings dam for Anschutz Mining against Black and Veatch. Propane explosion, personal injury issues for Electric Mountain Lodge against major suppliers of propane and manufacturers of propane furnaces and appliances. Colorado Law License Missouri Law License American Bar Association Colorado Bar Association Princeton University, BA English, 1969 PROFESSIONAL LICENSES AND MEMBERSHIPS EDUCATION St. Louis University Law School, cum laude, JD, 1976 Managing Editor, Law Journal Student Council

7 Alpha Sigma Nu Admissions Committee MILITARY United States Marine Corps, Infantry, Captain, REFERENCES Ben Aisenberg Philip Anschutz Judge Ed Bronfin Scott Sullan Magistrate Justice Boland Judge Russel Granger Robert Hoban Doug Turner