Complex Contract Litigation Attorney
Dart Winkler, a principal of the Yates Law Firm, has worked in the legal field, in one capacity or another, since 1995 – from a file clerk to a practicing attorney since graduating law school. He now represents clients in complex contract litigation and fiduciary responsibility cases, as well as cases involving insurance, construction, real property, banking and creditors’ rights, derivative shareholder suits, and employment law. Mr. Winkler also counsels financial institutions and other partners in credit and collections matters, dishonest business practices, lender liability, depository agreements, discriminatory and predatory lending, wrongful foreclosures, and problem loan workouts. Mr. Winkler litigates to defend insurance providers against policyholder claims, to protect and assert terms of real property contracts, and to protect the rights of homeowners with regard to enforcement of covenants, assessments, insurance, and contracts. He often collaborates with construction attorneys to resolve disputes on behalf of owners, contractors and suppliers in construction claims related to bad faith, breach of contract, defects, insurance, liability, liens, and property damage caused by design and other defects. Mr. Winkler is experienced in all facets of discovery and case management including depositions, client negotiations, and drafting of case documentation, memoranda, and motions. He collaborates with clients to develop and enact best business practices, and is also experienced in jury trials, arbitration, mediation, and administrative proceedings when conflicts should arise. In appropriate cases, Mr. Winkler works with clients and opposing parties to attempt to resolve disputes through means alternative to litigation. Clients often find that alternative dispute resolution is best approached with a clear understanding about the strengths and weaknesses of their case, and a willingness to continue with litigation in the event the discussions end without resolving the dispute. Mr. Winkler helps guide clients through that process. Mr. Winkler helps breweries with a wide range of business and legal issues likely to arise in this continuously developing market. In addition to attending and participating in legal courses on brewery and distillery law relating to common issues, he has consulted with other professionals in the industry, including banking and marketing specialists that focus on these growing and developing businesses. He has turned a social pastime into a professional mainstay. The fact that Mr. Winkler is licensed in Colorado and California (as well as various other federal courts) assists many clients without needing to engage different counsel for suits across the country. Familiarity with the law and procedures in these jurisdictions facilitates a more comprehensive approach to legal representation. He is also available to work with other attorneys as local counsel in locations throughout Colorado and California.
- 2004 State Bar of California
- 2002 State Bar of Colorado
- Negotiated settlement of employment dispute for corporate employer in Federal Court.
- Conducted research and composed legal memoranda, discussing public services doctrine and other legal theories, for lead paint action against metropolitan city.
- Assisted on plaintiff’s case, including witness examination in four-week trial to jury, asserting theft of trade secrets and breach of contract in Federal court.