No matter what the type of organization, playing an active role in the political decision-making process and policy formation is no longer a luxury—it is an imperative.
A coronavirus pandemic (or even the threat of such a pandemic) could easily make it more difficult for parties to perform their obligations under many types of contracts—especially contracts requiring travel or involving the delivery of goods and services. In the event that one of the parties to a contract can’t perform as a result of an actual or potential coronavirus outbreak, would the doctrine of force majeure allow them to suspend their performance or terminate the contract?
David Meschke helps his clients avert crisis in his complex commercial litigation practice.
His work encompasses securities law as well as high-stakes litigation, including complex antitrust cases and breach of contract matters. David also has significant experience with title board work and appellate briefing covering a wide variety of areas. David has amassed an in-depth understanding of appellate matters and utilizes his research, editing and drafting skills when preparing briefs for the Colorado Supreme Court and the Colorado Court of Appeals. He also draws from his experience working as a law clerk/judicial assistant to Colorado Supreme Court Justice Brian D. Boatright.
Beyond his litigation practice, David runs Brownstein’s Colorado Ballot Initiative Tracker, a comprehensive guide to the state’s ballot initiatives proposed during the 2019-2020 cycle.
Since joining the firm, David has engaged in a number of pro bono projects, including representing children in protection order cases, refugees seeking permanent residency in immigration matters and religious organizations.
In a two week trial, successfully defended a major brokerage and investment bank against securities fraud claims asserted by purchasers of millions of dollars of municipal bonds. The plaintiffs alleged under the Colorado Securities Act that defendants made material misrepresentations and omissions in connection with the sale of the bonds, and that our client could not show that it exercised appropriate due diligence according to the standard of care. The judge rejected the plaintiffs’ claims and concluded that our client satisfied the standard of care for a municipal underwriter of securities and that the alleged misrepresentation most strongly contested at trial was not material.
Colorado Lawyers Committee
Colorado High School Mock Trial Coach (2014-2015)
Deferred Action for Childhood Arrivals (DACA) Project (2013-2014)
Signature Deadline Passes for Colorado 2020 Ballot InitiativesBrownstein Podcast Series, August 7, 2020
The CARES Act: Title IV Overview on Economic Recovery for Distressed SectorsBrownstein Client Alert, March 27, 2020
Analysis of Senate-Passed CARES ActBrownstein Client Alert, March 26, 2020
Proposed Initiative Would Limit Residential Growth on Front Range
Brownstein Client Alert, February 11, 2020
Colorado 2020 Ballot Initiatives UpdateBrownstein Podcast Series, February 4, 2020
Results in for Colorado’s 2019 Off-Year ElectionBrownstein Client Alert, November 8, 2019
Colorado’s Odd-Year ElectionBrownstein Podcast Series, October 31, 2019
Much at Stake for Coloradans in Next Week’s Odd-Year ElectionBrownstein Client Alert, October 31, 2019
Colorado Will Be Asked in November Whether to Legalize and Tax Sports BettingBrownstein Client Alert, October 17, 2019
Colorado Supreme Court Gives OK to Ballot Measure to Repeal TABORBrownstein Client Alert, June 20, 2019
Colorado Supreme Court Rules TABOR Repeal Can ProceedBrownstein Podcast Series, June 18, 2019
Colorado Supreme Court Revisits Economic Loss Rule
Brownstein Client Alert, May 28, 2019
Repealing TABOR: Colorado Ballot Initiative #3Brownstein Podcast Series, May 17, 2019
Ballot Measure to Repeal Tabor Hits Snag at Title Board HearingBrownstein Client Alert, January 17, 2019
Seven Citizen Initiatives, Six Referred Amendments Make November BallotBrownstein Client Alert, Sept. 4, 2018
And Then There Were Seven: Of 185 Proposed Colorado Ballot Initiatives, Only 7 Left With Chance to Appear on November BallotBrownstein Client Alert, August 9, 2018
UPDATED: List of Potential Ballot Measures for November Election Starts to Come Into FocusBrownstein Client Alert, April 3, 2018
List of Potential Ballot Measures for November Election Starts to Come Into FocusBrownstein Client Alert, March 30, 2018
Kokesh May Lead to Lower Monetary Sanctions in SEC Enforcement ProceedingsBrownstein Client Alert, June 21, 2017
Uncertainty Remains For SEC Administrative SuitsCo-author, Law360, April 4, 2017
The Year Ahead for GCs and Compliance Officers: Reporting from the Annual SIFMA Compliance & Legal Society SeminarCo-author, Brownstein Client Alert, March 27, 2017
Shedding Significant Light - Recent Decision Illuminates Defending Securities Cases in ColoradoCo-Author, Law Week Colorado, January 23, 2017
Brownstein Victory Demonstrates Value of Vigorously Challenging Materiality Allegations in Securities Fraud TrialsBrownstein Client Alert, January 10, 2017
Supreme Court Opens Pathway To Increased Insider Trading ProsecutionsBrownstein Client Alert, December 7, 2016
Insider Trading - Will The U.S. Supreme Court Roll Back Newman?Brownstein Client Alert, October 7, 2016
D.C. Circuit Upholds Constitutionality of SEC Administrative Law JudgesBrownstein Client Alert, August 10, 2016
June Marks Upsurge in SEC Whistleblower AwardsBrownstein Client Alert, June 15, 2016
SEC’s Andrew Ceresney Warns Private EquityBrownstein Client Alert, June 8, 2016
Delaware Supreme Court Clarifies Standards in Corporate TakeoversBrownstein Client Alert, May 23, 2016
Rocky Mountain Securities Conference: Cybersecurity Takes Center StageBrownstein Client Alert, May 17, 2016
Rocky Mountain Securities Conference: Corporate Disclosures Reform Next for SECBrownstein Client Alert, May 11, 2016
Jeffrey S. Rugg Pro Bono Team Award
Associate Editor, University of Colorado Law Review
American Bar Association
Colorado Bar Association
Denver Bar Association