Gabe McFarland

Partner

gmcfarland@emlawyers.com

(303) 279-8300 x 2

Gabe McFarland has lived in Colorado for nearly 30 years and has been litigating cases in state and federal courts since 1995. Mr. McFarland’s practice emphasizes complex commercial litigation, including class action, toxic tort, product liability, construction, employment, insurance recovery, and patent and trademark litigation. Mr. McFarland has tried cases in both state and federal courts, has argued before the 10th Circuit and Federal Circuit Court of Appeals, and has extensive experience in alternative dispute resolution forums.

Prior to forming Evans & McFarland, Mr. McFarland was a partner at Bieging, Shapiro, & Burrus, LLP.  Before that, Mr. McFarland worked for The Beatty Law Firm, P.C., where he was responsible for three multi-million dollar patent infringement lawsuits and for environmental and toxic tort litigation throughout the country. During the previous six years Mr. McFarland was associated with the international law firm of McKenna & Cuneo, LLP, where he managed all phases of a sophisticated commercial litigation practice, including the prosecution of a $25 million claim against the U.S. Government.

Mr. McFarland is a 1995 graduate of the University of Denver, College of Law. During his tenure at the College of Law, Mr. McFarland served as an editor of the Transportation Law Journal and spent two years as a teaching assistant for the university’s legal research and writing class. Mr. McFarland received his Bachelor of Science degree in business administration from the University of Colorado at Boulder in 1992, graduating magna cum laude.

Mr. McFarland is licensed to practice in all Colorado state courts, the U.S. District Court for the District of Colorado, and the U.S. Court of Appeals for the Tenth Circuit, and he has appeared before federal courts throughout the country.

Luke McFarland

Partner

lmcfarland@emlawyers.com

(303) 279-8300 x 3

Luke McFarland has lived in Colorado for most of his life. He attended Colorado College as a Boettcher Scholar. He received his degree in International Political Economy, with distinction, in 1998 – graduating Phi Beta Kappa and magna cum laude.

Mr. McFarland received his law degree from Harvard Law School, where he graduated cum laude in 2001.

Mr. McFarland has been named to Colorado's "Super Lawyers" list for 2017 and 2018 (top 5% of attorneys over 40).  Prior to that, he had been named as one of Colorado Super Lawyers’ “Rising Stars” (top 2.5% of attorneys under 40) for seven consecutive years. His practice focuses on complex litigation of all types in both state and federal court. He has extensive experience with general contract, employment, intellectual property, class action, securities, personal injury, insurance, and partnership/control disputes.

While Mr. McFarland currently handles Colorado-based litigation for some of the country’s largest companies, he is particularly fond of working with individuals, start-ups, and emerging businesses. For a large company, even a significant lawsuit will not typically imperil the company, and it will have a team of in-house and outside attorneys to handle it. With individuals and smaller companies, the outcome of a lawsuit can literally “make or break” that person, their family, or their business. They can usually only hire one lawyer, and need to make that decision count. Luke’s greatest professional reward comes from obtaining good, just results for people who truly rely on him.

Mr. McFarland recently completed a 5-year term on the Board of Directors of Pinnacol Assurance, having been appointed to the position by Governor Hickenlooper.  He now sits on the Board of Directors for the Pinnacol Foundation, an affiliated non-profit that provides scholarships to the children of injured workers. 

Mr. McFarland is licensed to practice in all Colorado state courts, the U.S. District Court for the District of Colorado, and the U.S. Courts of Appeals for the Ninth and Tenth Circuits. While he enjoys surfing and basketball in his free time, his greatest joy is spending time with his wife and two young children.

Eric Fisher

Partner

efisher@emlawyers.com

(303) 279-8300 x 4

Eric Fisher litigates high-stakes, complex cases.  He earned his law degree from the Colorado School of Law and holds earned a Bachelor of Arts from Cornell University.  Following a clerkship for Hon. Judge James. S. Casebolt of the Colorado Court of Appeals, Eric entered private practice.  He has been named a Colorado Super Lawyer in 2014, 2015, 2016, 2017, and 2018.  He has a top 5.0 AV Preeminent Rating from Martindale-Hubbell®.  

Case Highlights:

  • Prevailed in the Colorado Supreme Court on behalf of Colorado Public Employees’ Retirement Association (PERA) in a multi-billion dollar case finding that PERA could constitutionally modify the cost of living benefit for retirees.

  • Prevailed on behalf of PERA on summary judgment in a multi-million dollar dispute regarding an employer withdrawal from PERA and its obligation to pay nearly $200 million for the unfunded liability of its employees and retirees. 

  • Prevailed in the Colorado Supreme Court reversing class certification for a group of automobile dealerships in one of the leading cases on class action treatment of consumer protection claims.

  • Represented an NFL team in a successful Ninth Circuit appeal of a trial court’s dismissal of Travelers’ claims against it seeking contribution and a declaratory judgment as to payments for cumulative trauma suffered by the team's football players.  Litigating coverage in subsequent California proceedings. ​​

  • Prevailed in the Oklahoma Supreme Court for Cimarex Energy in reducing a $112 million trial court award in a class action lawsuit to $3.65 million.  In a later appeal, again prevailed in the Oklahoma Supreme Court for Cimarex Energy against the plaintiff class that sought more than $50 million in prejudgment interest on the $3.65 million jury verdict.

  • In a case of first impression in the Fifth Circuit Court of Appeals, successfully overturned summary judgment in favor of an oil company in a qui tam action filed by two federal employees under the False Claims Act.

  • Successfully resolved cases for numerous clients including the Broomfield Ice minor league hockey team against the Colorado Eagles in a territorial rights dispute, Colorado Business Bank in a non-competition dispute with a former employee, and General Shale Brick regarding malfunctioning brick manufacturing machinery.

  • Played a significant role in convincing the Colorado Supreme Court to issue a landmark decision that insurance companies are subject to the Colorado Consumer Protection Act.

 

Cyd Hunt

Of Counsel

chunt@emlawyers.com

(303) 279-8300 x 5

Cyd Hunt has twenty years of experience ingeneral civil and complex commercial litigation, commercial transactions, and environmental law. She serves as of counsel to the firm. Prior to joining Evans & McFarland, Ms. Hunt was of counsel to the environmental department of Jackson Kelly, PLLC, a national full-service law firm, and had primary responsibility for environmental litigation in its Denver office.

Ms. Hunt received both her bachelor's degree and her juris doctor from the University of Colorado and clerked in the Boulder District Court for the Honorable Morris W. Sandstead, Jr.

 

Cyd is a published poet, speaks French and Spanish fluently, and runs marathons.  Ms. Hunt is licensed to practice in all Colorado state courts, the U.S. District Court for the District of Colorado, and the Tenth and Eleventh U.S. Courts of Appeals.

Gene R. Thornton

Of Counsel

gthornton@emlawyers.com

(303) 279-8300 x 6

Mr. Thornton is a Colorado native with over 30 years practicing business law and litigation, with specialization in employment law and litigation and securities fraud litigation.  He has significant experience in trying securities fraud arbitrations before the Financial Industry Regulatory Authority (FINRA).  Mr. Thornton is an arbitrator for FINRA and a Certified Business Consultant for the Pikes Peak Small Business Development Center.  He is the co-author of “Employment Termination Source Book” published by the Society for Human Resource Management. 

 

Prior to joining Evans & McFarland, Mr. Thornton had a solo law practice in Colorado Springs for over 20 years.  Prior to that, Mr. Thornton was a partner with the Denver law firm of Hopper & Kanouff, P.C. where he supervised five litigation attorneys and two litigation paralegals. 

 

Mr. Thornton graduated in 1985 from the University of Denver, College of Law.  Mr. Thornton received his Bachelor of Science degree in Communication Studies from Northwestern University in 1981.  Following law school, Mr. Thornton clerked for the Honorable Aurel M. Kelly of the Colorado Court of Appeals. 

 

Mr. Thornton is licensed to practice in all Colorado state courts, the U.S. District Court for the District of Colorado, the U.S. Court of Appeals for the Tenth Circuit and District of Columbia Circuit, and the U.S. Supreme Court. 

Gina Bowermaster

Legal Assistant

gbowermaster@emlawyers.com

(303) 279-8300 x 7

Gina Bowermaster has been Evans & McFarland's Legal Assistant and Office Manager since the firm was founded over ten years ago.  Gina helps to ensure that court filings are timely and accurate, that clients are taken care of, and that any client inquiries are handled promptly.  Outside of the office, Gina enjoys spending time with her three children, and can usually be found watching one of their sporting events.

Gabe McFarland
Luke McFarland
Eric Fisher
Cyd Hunt
Gene R. Thornton
Gina Bowermaster
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