Wendy B. Fisher

Partner

Wendy focuses her practice on complex commercial litigation and appellate law, and has been with Reilly Pozner LLP since its inception. She currently is managing litigation for multiple plaintiffs seeking to recover more than $600 million in losses. In this litigation, pending in federal district court for the Eastern District of Missouri, the firm represents 35 state life and health insurance guaranty associations, the National Organization of Life and Health Insurance Guaranty Associations, and a Texas Special Deputy Receiver in an action against multiple defendants alleging violations of the federal Racketeer Influenced and Corrupt Organizations Act (RICO), the Lanham Act, and various state consumer protection acts. The guaranty associations are paying death benefits under insurance policies issued by two related insolvent insurance companies associated with National Prearranged Services, Inc., all of which collapsed in 2008. The St. Louis-based Cassity family, which ultimately owned the failed entities, allegedly perpetrated a scheme to defraud funeral homes and their customers across the nation into selling and purchasing pre-need funeral contracts. Through this litigation, Wendy has developed significant experience working with multiple federal agencies, including the Department of Justice, the Federal Bureau of Investigation, the United States Postal Inspection Service, and the Internal Revenue Service Criminal Investigation.

Wendy also spent nearly a decade successfully defending Pat Bowlen and the Denver Broncos Football Club in complex litigation involving ownership of the NFL franchise. In 1984, Edgar Kaiser sold his interest in the Denver Broncos Football Club to our client Pat Bowlen – retaining a “right of first refusal” on any future sale of the NFL Broncos franchise or the interest Bowlen purchased from Kaiser. Fifteen years later, after Bowlen had offered a stake in one of the Broncos’ ownership companies to former Broncos quarterback John Elway, Kaiser sued Bowlen, Broncos entities, and Bowlen family members for breach of contract in both federal and state courts. The federal case progressed to the United States Court of Appeals for the Tenth Circuit, where our clients won. Based on that decision, the state district court later granted summary judgment in favor of our clients. When Kaiser appealed that decision, the Colorado Court of Appeals affirmed the district court’s ruling, the Colorado Supreme Court denied certiorari review – and our client Bowlen maintained control of the team. Wendy was the managing attorney for this case.

She also managed litigation involving the sale of a large Denver-based company. In 2004, a prominent Denver family sold its business to two private equity investment firms which intended to increase the value of the company and sell it at a profit. This "fix and flip" proved more difficult than the new owners anticipated. Nearly two years after the sale, they sought damages from the family based on facts known to the buyers at the time of closing and post-purchase decisions made by the buyers after a six-month period of due diligence. Through a highly contentious mediation process, Reilly Pozner, representing the family, demonstrated that the buyers’ disappointment in their investment was not grounds to recover damages from the family. The matter ultimately concluded in a settlement extremely favorable to our clients.

Wendy uses her legal skills to give back to the community through pro bono work. Working with the Legal Center for People with Disabilities, she has helped disabled school children gain access to special education services and also worked on a public school finance case through the Colorado Lawyers Committee.

She is a dedicated mother to her two young children. She serves on the board of her children’s school, volunteers to coordinate school projects and activities, and runs a “Parenting Co-Op” in her neighborhood to organize family activities. She has also served as President of a homeowners’ association.