Andrew Shoemaker

Mediation and Other ADR Services

ashoemaker@sgslitigation.com
303-530-3452 x 1

As a mediator, Andrew helps parties resolve complex disputes involving business, corporate governance, securities, banking, intellectual property, land use, and public policy matters.

Background and Approach to Mediation

Over his thirty-plus years as a practicing attorney, Andrew has represented plaintiffs, defendants, government agencies, private and publicly traded companies, partnerships, boards of directors, individual officers and directors, members, partners, shareholders, accountants, auditors, and attorneys. In that capacity he has negotiated the settlement of cases asserting up to nine-figure damage amounts and involving numerous parties and thousands of investors and consumers. Additionally, while serving as Boulder’s mayor pro tem, a member of the Boulder City Council, and chair of the Boulder Planning Board, Andrew has collaborated with all types of stakeholders.

Andrew understands how multiple parties can have distinct and divergent perspectives on the facts, issues, and the law. He also understands litigation risk and the limited toolbox available to judges, juries, and arbitrators.

Preparation and collaboration with counsel for the parties are critical to the successful mediation of a complex dispute. Based on the unique circumstances of each matter, Andrew makes recommendations for a tailored mediation process and asks the questions necessary to assist the parties and their counsel in framing the issues and focusing on the risks and rewards of litigation and settlement.

Andrew uses techniques and approaches from evaluative, facilitative, transformative, and understanding-based models, depending on the nature of the dispute and the objectives of the mediation. He has studied mediation at the Program on Negotiation at Harvard Law School and the Straus Institute for Dispute Resolution at Pepperdine School of Law. Andrew also regularly serves as a mediator for Boulder Community Mediation Services and Denver Bar Association Court Mediation Services.

Andrew bills on an hourly or flat fee basis depending on the type of engagement.

Education

University of Virginia School of Law, J.D., 1992; Executive Editor, Virginia Tax Review

Hampden-Sydney College, B.A., summa cum laude, 1989; Phi Beta Kappa

Clerkships

Judge Charles Richey, U.S. District Court for the District of Columbia

Other Positions

Mediator, City of Boulder Community Mediation and Resolution Center

Mediator, Denver Bar Association Court Mediation Services

FINRA Arbitrator

ADR Section Chair, Boulder County Bar Association

Prior Associations

Hogan & Hartson LLP (now Hogan Lovells), Partner and Associate

Special Assistant U.S. Attorney, District of Colorado

U.S. Securities and Exchange Commission, Central Regional Office, Enforcement Attorney (Recipient Manuel F. Cohen Award)

Howrey & Simon, LLP, Associate

Community Involvement

Commissioner, Judicial Performance Commission for 20th Judicial District

Former Mayor Pro Tem and Member, Boulder City Council

Former Chair and Member, Boulder Planning Board

Service on Numerous Boards, Commissions, and Committees for City of Boulder, including Audit and Compensation Committees, University Hill Commercial Area Management Commission, and Boulder Housing Partners (City Housing Authority)

Board Member, Downtown Boulder Partnership

Former Member, Community Editorial Board, Boulder Daily Camera

Co-Chair 2012 Boulder/Flagstaff Mountain Stage, USA Pro Cycling Challenge

Former President and Member, Bicycle Colorado Board

Former Member, Outward Bound Wilderness Board

Bar & Court Admissions:

Colorado

U.S. District Court for the District of Colorado

9th Circuit Court of Appeals

10th Circuit Court of Appeals

U.S. Court of Appeals for the Federal Circuit

CORPORATE GOVERNANCE, FIDUCIARY DUTIES, EXECUTIVE COMPENSATION, PARTNERSHIPS, MERGERS AND ACQUISITIONS, AND “BUSINESS DIVORCES”
Disputes involving alleged fraud, fiduciary duties, conflicts between boards and management, shareholder derivative actions, special board committees, board investigations, directors and officers insurance, expense advancement and indemnification, independence and disclosure issues, conflicts of interest, executive compensation, minority shareholders, merger agreements, asset purchase agreements, shareholder agreements, operating agreements, partnership agreements, accounting and valuation matters, reps and warranties, books and records requests, and dissolution actions.
SECURITIES AND INVESTMENTS
Private (individual and class) and enforcement (Securities and Exchange Commission, state regulators, and self-regulatory organizations) litigation concerning the definition, offer, sale and registration of “securities” under the Securities Act of 1933, Securities Exchange Act of 1934, and state securities acts (“blue sky” laws), as well as disputes and investigations concerning disclosures in connection with private placements, public offerings, periodic reports, and communications with auditors. Financial instruments involved include stocks, bonds, partnership and limited liability company interests, joint venture interests, mutual funds, residential mortgage-backed securities, and complex financial derivative investments.
BANKING
Matters involving the duties of officers and directors of banks, duties to customers, bank fraud, fiduciary bonds, and federal and state regulation of banks.
EXECUTIVE COMPENSATION AND DEPARTURES
Litigation involving employment contracts, for cause and without cause terminations, resignations, whistleblower concerns, termination process, and incentive compensation.
ACCOUNTING AND AUDITING SERVICES
Litigation and enforcement actions concerning Generally Accepted Accounting Principles (GAAP), International Financial Reporting Standards (IFRS), professional practice standards, and duties and responsibilities of accountants and auditors.
INTELLECTUAL PROPERTY
Patent infringement, licensing, and trade secret disputes.
LAND USE
Disputes involving local and state zoning and entitlement, National Environmental Policy Act review, U.S. Forest Service approvals, land exchanges, ski area development, affordable housing development, good neighbor agreements, homeowner associations, shelters and supportive communities, and neighbor disputes.
CANNABIS
Litigation involving interests in state-regulated cannabis companies, licensing issues, financing arrangements, fiduciary duties, and alleged fraud.