Nancy J. Gegenheimer
Nancy Gegenheimer was appointed a Senior Trial Attorney with the United States Securities and Exchange Commission in July 2007.
Prior thereto, Ms. Gegenheimer was a partner with Holme Roberts & Owen LLP from 1983-2007. Prior to joining the SEC, her practice emphasized complex commercial litigation. Ms. Gegenheimer has extensive experience as lead trial lawyer and both defended and prosecuted many large complex commercial cases before going to the SEC including class action securities fraud actions, shareholder derivative actions, fiduciary duty claims, lender liability cases, defense of corporations and individuals in investigations before the Securities and Exchange Commission, bankruptcy fraud and real estate disputes between lender and developer and buyer and seller. While in private practice, Ms. Gegenheimer was lead trial counsel on several patent cases and large antitrust cases under the Sherman Act and Clayton Act.
Some noteworthy cases on which Ms. Gegenheimer was lead counsel include:
• Tech II vs. Philips Electronics, Sony Corporation and Ricoh Corporation, United States District Court for the District of New Jersey. Ms. Gegenheimer represents Ricoh in a case alleging patent pooling by Philips (Wilmer Cutler Hale & Dorr), Sony (Gibson Dunn) and Ricoh (Holme Roberts & Owen) for licenses for CD-RW constitutes illegal tying under the antitrust laws because allegedly nonessential patents are included in the patent pool along with essential patents.
• Snyder, Trustee for Consolidated Investment Services v. Cavalier Group U.S. District Court (The Honorable Wiley Y. Daniel) (2000)—Ms. Gegenheimer represented the Trustee who, after a 2 week jury trial was awarded $5.2 million.
• Ecrix Corporation v. Exabyte Corporation, 191 F.R.D. 611(D. Colo. 2000) lead trial counsel for Exabyte in patent infringement, antitrust matter. Successfully bifurcated antitrust issues for Exabyte.
• Storage Technology Corporation v. Tandem Computers Incorporated and Array Technology Corporation (1997)—breach of OEM contract. Ms. Gegenheimer represented StorageTek as Plaintiff. StorageTek was awarded $67.8 million on November 20, 1997, after a six-week jury trial.
• James H. Moore and Associates Realty, Inc. v. Vail Associates, Inc. (1997). Ms. Gegenheimer represented Vail Associates, Inc. in defense of a $100 million claim over a right of first refusal involving the ground that is the base of Arrowhead Ski Mountain. Judgment was for Vail Associates after a two-week trial in June 1997.
• Wells Fargo Realty Advisors Funding Inc. v. Uioli, Inc., 872 P.2d 1359 (Colo. App. 1994). Ms. Gegenheimer represented defendants who were awarded $12 million plus $3 million of real estate against their lender Wells Fargo.
• Olsen v. Vail Associates Real Estate, Inc., 935 P.2d 975 (Colo. 1997). After granting certiorari, the Colorado Supreme Court upheld judgment in favor of our client, Vail Associates Real Estate, Inc.
• Kelly v. Southern Pacific Railroad (1995), United States District Court for the District of Colorado. Ms. Gegenheimer successfully defended Southern Pacific Railroad, its Chief Executive Officer and other executives against RICO and other charges.
• In re Exabyte Securities Litigation, 823 F. Supp. 866 (D. Colo. 1993). Securities 10 (b)(5) claims; complaint dismissed before trial.
• Storage Technology Corp. v. United States District Court, 934 F.2d 244 (10th Cir. 1991) Writ of mandamus granted to StorageTek dismissing appeal of judgment entered in favor of StorageTek.
• Storage Technology Corp. v. Comite Pro Rescate, 117 Bankr. 610 (D. Colo. 1990); after one-week trial, successfully defended StorageTek against toxic tort claims exceeding $20 million.
• In re Storage Technology Securities Litigation, Case No. 92-B-750; represented directors of StorageTek in derivative action consolidated with Securities 10(b)(5) claims.
• In re Synergen Securities Litigation, 863 F. Supp. 1409 (D. Colo. 1994).
• Storage Technology Corporation v. Amdahl Corp., United States Bankruptcy Court for the District of Colorado. After one-week trial, StorageTek was awarded $1.5 million for breach of contract claim.
Professional & Community Affiliations
Adjunct Professor, University of Denver Sturm College of Law 2011-present.
Emory University Law School Trial Techniques Program, 1991-2005, faculty member.
Boys and Girls Clubs of Metro Denver, Trustee 1998-2007.
Ms. Gegenheimer graduated from the University of Colorado, magna cum laude in English in 1975.
Ms. Gegenheimer graduated from the University of Denver College of Law in 1978.