Tamera Dietrich Westerberg

Practice Details

• Firm Information
  Position

  Partner

  Firm Name

  Wheeler Trigg O'Donnell LLP
• Representative Cases & Transactions
  Cases

  Representative Cases: Tammy Westerberg represents clients in complex commercial litigation
  the defense of professional liability lawsuits, in particular for lawyers
  law firms. Her practice also includes employment, investigations,
  class action litigation. Tammy is listed in The Best Lawyers in America
  Colorado Super Lawyers.
  Legal Malpractice
  Successfully represented several lawyers
  law firms in nine different actions involving complex allegations of professional negligence in various issues, including contract, fiduciary duty, fraud, consumer protection,
  others.
  Obtained a complete dismissal
  an award of attorneys' fees in a legal malpractice case involving several defendants
  other claims of defamation
  campaign violations.
  Represented an international law firm
  lawyers in a multidefendant action involving claims for professional negligence, constitutional
  statutory violations,
  conspiracy among private entities, individuals,
  governmental entities
  representatives, arising out of a public-private partnership
  contract.
  Represented a Canadian law firm in a professional negligence action against several defendants arising out of failed securities transactions.
  Successfully resolved a professional liability action involving complex real estate transactions, allegations of fraud,
  breach of fiduciary duties.
  Successfully resolved a professional liability case involving a contested dissolution action without any lawsuit or monetary settlement. The putative plaintiff was seeking over $30 million in damages. Commercial Litigation
  Won summary judgment on multiple claims for a national dermatology practice with over 50 offices. Claims included breach of contract, conspiracy, fraud,
  other allegations. Once the major claims were dismissed, the plaintiffs agreed to a nuisance settlement that involved no payment by WTO's client.
  Served on a trial team for commercial matters for a large automobile manufacturer.
  Represented a large steel manufacturer in a case filed by the Attorney General of Colorado alleging significant consumer protection act violations
  seeking millions of dollars, resulting in minimal damages awarded.
  Represented a large transportation company for several years in its dissolution with a former business partner,
  in contract disputes
  negotiations with local contracting authorities.
  Secured appellate affirmance of the dismissal of a commercial case involving a bank's leasing division
  allegations of consumer fraud.
  Successfully represented a construction management company in a large, public housing development dispute in Texas. Employment & Competition
  Won affirmance preserving WTO's trial court dismissal of a wrongful termination lawsuit involving the public policy exception to employment at will.
  Successfully tried to a jury an unfair gas pricing case on behalf of two locally owned gas station/convenience stores in federal court.
  Represented a private equity company
  three individuals involved in the distressed debt industry in a case asserting a multimillion-dollar damage award for alleged misappropriation of trade secrets. The three-year litigation was complex
  contentious, involving claims asserting substantial trade secret violations, as well as fiduciary duty, contract,
  other tort claims.
  Obtained a preliminary injunction enforcing WTO's client's non-competition agreement with a former employee after a two-day hearing in Jefferson County, Colorado.
  Represented several companies in a variety of industries in enforcing non-compete
  non-solicitation provisions in employment contracts, as well as advice
  counseling in relation to such provisions.
  Represented a large financial investment firm in connection with claims against a former broker in connection with alleged fraud, fiduciary duty
  negligent supervision claims.
  Represented an information services company in obtaining a voluntary temporary restraining order
  preliminary injunction against two former employees in connection with trade secret, noncompete
  other contract-related claims. Oil & Gas
  Successfully managed settlement negotiations for an oil
  gas client facing divergent concerns from two sets of plaintiffs. WTO worked closely with our client to develop a detailed surface use agreement providing access to underlying resources while also addressing fugitive dust concerns.
  Belmont v. BP America Production (D. Wyo. 2015) - Defeated class certification for BP in a natural gas royalties underpayment case heard in federal court in Wyoming.
  Represented BP in several class actions involving underpayment of royalties
  other contractual disputes.
  Won a reversal from the Tenth Circuit in favor of BP in a case alleging underpayment of royalties. Other Relevant Experience
  Successfully represented a university in a gr
  jury investigation regarding various school sc
  als.
  Represented a Texas limited partnership in a disputed family partition action in New Mexico
  Colorado.