Andrew Shoemaker

Mediation and Other ADR Services

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

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

He particularly enjoys working to resolve disputes that appear intractable. In doing so, Andrew draws on over thirty years of experience as a civil trial attorney, federal prosecutor, criminal defense lawyer, law professor, elected representative, appointed public official, entrepreneur, and community volunteer. During his years as a trial attorney, Andrew negotiated the settlement of cases asserting up to nine-figure damage amounts and involving numerous parties, investors, and consumers.

Preparation

From the moment he is retained, Andrew actively begins preparing himself, counsel and the parties to engage in an efficient and productive mediation. Prior to the mediation session, he speaks with counsel for each party to gain an understanding of the underlying conflict, the factual and legal issues in the case, the players involved, the interests and objectives of the parties, and the barriers to settlement. Based on these discussions, he works with counsel to thoughtfully plan the mediation to maximize the potential for success.    

Innovation and Education

Andrew has observed the style and techniques of countless mediators and facilitators during his decades of practice as a trial attorney and his time spent in public service. He regularly reviews evolving studies and research on negotiation and communication techniques, neuroscience, individual and group psychology, and problem solving. With this background, Andrew has the ability to tailor innovative approaches for addressing and resolving the unique circumstances of each dispute. As an adjunct professor at the University of Colorado Law School teaching mediation and negotiation, he lectures and writes on these subjects.      

Andrew undertook his initial neutral mediator training through courses at the Program on Negotiation at Harvard Law School and the Straus Institute for Dispute Resolution at Pepperdine School of Law.

Substantive Knowledge

Andrew has handled a variety of complex matters as trial counsel, including disputes involving:

  • Corporate governance, partnership, and dissolution;

  • Investments, unregistered securities, and alleged securities fraud;

  • Fiduciary duties;

  • Patent infringement;

  • Banking regulations;

  • Mergers and acquisitions;

  • Alleged civil fraud, civil theft, conspiracy and racketeering;

  • D&O and fidelity bond insurance;

  • Consumer protection;

  • Contracts;

  • Land use and development; and

  • Public policy and elections.

Andrew also serves on the Board of the Mediation Association of Colorado, the Executive Committee of the ADR Section of the Colorado Bar Association, and as the Chair of the ADR Section of the Boulder County Bar Association. He regularly volunteers as a mediator for Boulder Community Mediation Services and Denver Bar Association Court Mediation Services.

Fees, policies and scheduling.


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

Adjunct Professor, University of Colorado Law School

Board Member, Mediation Association of Colorado

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.

Andrew Shoemaker “is outstanding in every way - he's extraordinarily bright, talented, hard-working and respected.”

“One of the real stars of the securities Bar.”

— Chambers USA