Stacy A. Carpenter

Practice Areas

Litigation

Class Action and Multidistrict Litigation

Commercial Litigation

Mergers and Acquisitions Litigation

Real Estate Litigation

ERISA Litigation

Professional Memberships

American Bar Association

- Fellow of the American Bar Association 2021-present

Denver Scholarship Foundation

- Board of Directors, 2020-present

Public Education & Business Coalition

- Board of Directors, 2020-present

Colorado Bar Association

- Board of Governors, 1999-2001; 2005-2007; 2012-2014

- Fellow, Colorado Bar Foundation, 2000-present

- Legislative Policy Committee, 2000-2019

-Joint Judicial Task Force, 2012-2016

Denver Bar Association

- President, 2010-2011

- Second Vice President, 1999-2000

- First Vice President, 2005-2006

- Co-Chair, Barristers Ball benefiting Metro Volunteer Lawyers, 2001; 2010

- "Wheels of Justice" Bicycling Team Leadership Council, 2005-2009

- Metro Volunteer Lawyers Governing Board, Vice Chair, 2000-2004

Publications

Litigation Leaders: Polsinelli’s Stacy Carpenter on Building a Practice That’s Both National and Local | Featured, ALM, August 01, 2022

Reopening the Economy and Getting Back to Business: Will Liability Waivers Protect My Business? | Co-Author, COVID-19 Blog, May 11, 2020

Re-Opening the Economy and Getting Back to Business: Business Owners’ Liability Risk When Dealing With Customers and Others | Co-Author, COVID-19 Blog, April 29, 2020

COVID-19 and Its Growing Impact on Commercial Contracts: How Should Contracting Parties Respond? | March 16, 2020

Work Highlights

Business Litigation

Obtained summary judgement for a large publicly traded manufacturing company in a federal court action filed by an individual claiming to have an enforceable joint venture agreement which dismissal was upheld following oral argument to the Ninth Circuit Court of Appeals.

Successfully defended one of the largest wineries in the United States in a lawsuit filed by another winery asserting claims for breach of contract, fraud, and violations of consumer protection statutes.

Successfully defended a major international manufacturing company in a five-day arbitration proceeding before a three-judge panel in a case arising out of an asset-purchase agreement and involving claims of fraud, breach of representations and warranties, and allegations of product defects.

Obtained a defense verdict following a successful motion for summary judgment and a five-day trial in a business dispute alleging unfair competition and interference with contractual relations.

Represented a company in two lawsuits initiated by potential investors and a private placement agent asserting that company shares in a private placement securities offering were not properly allocated.

Successfully defended a trust company against fraudulent transfer claims and an SEC investigation related to its administration of self-directed IRA accounts that invested in a “fix and flip” Ponzi scheme.

Successfully defended one of the top three cryptocurrency trading platforms in a mass arbitration arising out of claims by account holders who were trading on margin and whose accounts were liquidated following a flash crash.

Class Actions

Successfully defended a coffee supplier in a nationwide class action arising out of claims of deceptive geographical indications under the Lanham Act.

Obtained dismissal of a class action lawsuit filed against a law firm and certain of its attorneys seeking to certify a class of HOA members arising out of an underlying construction defect lawsuit.

Successfully defended a national fast casual restaurant chain with over 500 locations against a nationwide class action related to alleged misrepresentations about the number of ounces of draft beer served to its customers.

Represented a brewer in a consumer class action lawsuit arising out of false labeling claims related to a hard seltzer product.

Real Estate Litigation

Lead counsel in an eight-day trial arising out of a real estate transaction where the adjacent land owners asserted the right to enter and use the purchased property based on various deeds and subdivision plats.

Represented a title insurance company at trial and obtained a verdict against a title insurance agent, which included a finding of gross negligence and an award of attorneys’ fees and was ultimately upheld on appeal to the Colorado Court of Appeals.

Successfully defended several condominium unit owners against judicial foreclosure actions filed by lenders following one of the largest real estate scams in the State of Colorado and the criminal prosecutions of those involved, and then pursued actions against certain professionals who failed to properly search title and obtain the release of Deeds of Trust.

Obtained defense verdict for a title insurance company following a trial asserting coverage claims based on the marketability of title, rights of access, and railroad rights of way a right of way claim related to a railroad crossing.

Professional Liability

Obtained a defense verdict for a law firm and individual attorneys following a five-day jury trial in a legal malpractice case that involved allegations of professional negligence arising out of an underlying litigation matter and a claim for over $5 million in damages.

Obtained a defense verdict for a law firm and individual attorneys following a 15-day arbitration in a legal malpractice claim that involved allegations of professional negligence arising out of an underlying matter

Obtained a complete defense verdict following a five-day trial in a professional liability case against a national insurance agency and insurance producer in a case arising out of the placement of auto insurance where the damages asserted were in excess of $1 million and the case involved novel legal issues that were the subject of intensive pre-trial briefing and an interlocutory appeal to the Colorado Court of Appeals.

Obtained summary judgment ruling that an insurance producer had no duty to a non-client construction company related to the producer’s review of an EPC contract and the placement of specialized builder’s risk coverage in a case where the potential damages exceeded $7 million.

Resolved significant claims stemming from a fraudulent health insurance plan where there were hundreds of unpaid health insurance claims, numerous allegations against the professionals involved, significant issues related to insurance for Professional Employer ---Organizations, Multiple Employer Plans, and the application of ERISA, and millions of dollars in damages.

Expert in these Jurisdictions

- Colorado

- United States Supreme Court

- U.S. District Court, District of Colorado

- U.S. Court of Appeals, Tenth Circuit

- U.S. Court of Appeals, Ninth Circuit

- U.S. District Court, District of Nebraska

- U.S. District Court, Southern District of Texas

Education

Awards