Mr. Lake focuses his practice in the area of intellectual property litigation. He is an experienced trial, healthcare and appellate attorney, and his previous work includes six years working with physicians in medical malpractice defense, providing advice on Healthcare Regulation matters to physicians and physician practices and three years as Deputy District Attorney for the Eighteenth Judicial District. In these roles, Mr. Lake has tried 65 jury trials, including 60 as lead counsel. In the context of general tort litigation, he understands that direct and open communication with the client and thorough and early preparation and evaluation of complex evidence are keys to successful resolution of a claim either by jury trial or reasonable settlement. Mr. Lake has won defense verdicts in matters of admitted and presumed liability and, in addition to trials, has handled many cases to successful conclusion by voluntary dismissal of opposing parties’ claims or settlement to the client’s satisfaction.
As an appellate attorney, Mr. Lake has handled numerous State and Federal Appeals on a broad range of topics, ranging from application of complex Federal jurisdiction doctrine to interpretation of State health care regulations. Mr. Lake is admitted to the United States Supreme Court and 10th Circuit Court of Appeals. Among his appellate experience includes affirmance of dismissal of his client in Mann v. Boatright, et. al., 477 F.3d 1140 (10th Cir., 2007). In Simon v. DeSantis, 209 P.3d 1069 (Colo. 2009), Mr. Lake persuaded the Colorado Supreme Court to accept original jurisdiction and reverse the trial court on a matter concerning discovery of patient records and a physician’s confidential submissions to the Colorado Board of Medical Examiners.
Mr. Lake has given numerous lectures and presentations on a variety of topics including risk management in the medical workplace, compliance with HIPAA regulation in electronic communication and regulatory overviews of a variety of business and compliance matters for small businesses in the Health Care field. Mr. Lake also frequently lectures in trial practice education at the University of Denver College of Law and remains involved in civic and charitable organizations in his community.
Representative experience:
- Tried over 65 jury trials in criminal and civil contexts, 60 as lead counsel
- Represented physicians before the Board of Medical Examiners regarding investigations of complaints related to settlement of lawsuit and private complaints
- Represented physicians involved in creating business entities and maintaining compliance with Federal Healthcare Law, particularly including Stark and Anti-Kickback matters
- Successfully defended and prosecuted numerous appeals in state and federal courts, including persuading the Colorado Supreme Court to accept original jurisdiction on a pre-trial appeal pursuant to C.A.R. 21; coordinated filing of amicus briefs in support of foreign national on behalf of the client’s government in association with Washington, D.C. counsel
- Won admission of accident reconstruction and biomechanical engineering expert testimony over Shreck/Daubert objection in spite of Colorado Court of Appeals’ express rejection of similar testimony in 2000
- Developed a new training program for Deputy District Attorneys regarding domestic violence cases, focusing on prosecution of cases involving battered women syndrome and teaching recognition of the syndrome, obtaining admissible expert testimony on the matter and presenting evidence to rebut claims of malingering
- Published cases include Mann v. Boatright, 477 F.3d 1140 (10th Cir., 2007); Simon v. DeSantis, 209 P.3d 1069, Colo. 2009)
