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David M. Tenner


David Tenner is an arbitrator, a mediator, and a special master appointed by state and federal trial courts. His trial practice focused on the representation of businesses and individuals in both state and federal court and in arbitrations. He tried complex business, intellectual property, and tort cases to both judges and juries. He also tried complex claims in both domestic and international arbitrations. He represented a broad range of clients; from Fortune 500 companies to closely-held businesses to individuals.

Mr. Tenner is an attorney, an arbitrator, a special master to area courts, and a trained mediator. He is a member of the commercial, large complex case, and employment panels of the American Arbitration Association. He is a past co-chair of both the ABA’s Arbitration Training Institute and the Dispute Resolution Section’s Arbitration Committee. He has also been selected as Colorado’s Best Arbitrator by Law Week Colorado in nine of the last eleven years.

Mr. Tenner has been appointed on over 50 occasions as a special master in complicated matters pending in both state and federal courts. These matters range from complicated business and real estate cases to multi-state product liability litigation to employment claims. He is a Fellow of the Academy of Court Appointed Neutrals (“ACAN”) and currently serves as the Academy’s President.

David has been listed in Best Lawyers in America (Arbitration, Mediation, and Commercial Litigation) from 2017 to 2023, becoming one of a handful of attorneys listed in all three fields. Mr. Tenner has been recognized by his peers on the Colorado Super Lawyers list in the area of business litigation from 2009 to 2011 and from 2013 to 2023, where he is listed in the area of alternative dispute resolution. He received his AV rating from Martindale Hubbell in March 1993, becoming Denver’s youngest AV-rated attorney.

 
Representative Matters
Awards & Honors
Affiliations
Education & Bar Admissions
  • Represented inventors in claims against a Fortune 500 company for failure to pay royalties and failure to market inventors’ oil waste remediation technology.

  • Represented lead underwriters of municipal bond securities offering against allegations of securities fraud.

  • Represented subsidiaries of Fortune 500 manufacturing company against allegations of defective manufacturing and defective product design.

  • Represented cattle rancher in lawsuit arising out of monensin poisoning of cattle.

  • Represented investors in NASD and FINRA arbitrations.

  • Represented patient suffering from benzodiazepine addiction in claims against her former physician for psychiatric malpractice and falsification of medical records.

  • Represented Colorado law firm against allegations by former client of legal malpractice and improperly withdrawing as counsel in prior litigation.

  • Represented Colorado law firm in litigation against its former partner for claims arising out the partner’s withdrawal from the firm, along with other attorneys and staff.

  • Represented former client in claims of legal malpractice in the handling of client’s patent application for waterproofing technology before the United States Patent and Trademark Office.

  • Represented majority shareholders of closely held information technology company against claims of fiduciary duty, minority shareholder oppression and valuation of minority shareholder’s interest by former minority shareholder.

  • Represented home products manufacturing company in litigation brought by former distributor alleging improper termination of distribution agreement.

  • Represented Colorado company and its officers against patent infringement claims concerning RFID technology brought by competitors and competing patent holders.

  • Advised Fortune 500 company and its in house counsel concerning its investigation of allegations of improper conduct and resulting exposure to the corporation.

  • Represented policyholders in coverage dispute against insurance company concerning coverage for wrongful death claims under motor vehicle policy.

  • Represented policyholders in arbitration claims arising out insurer’s failure to pay for treatment of biologically-based mental illness at a residential treatment facility.

  • Represented homeowners association and members of its board of directors against allegations of improper conduct by the board.

  • Represented Colorado aviation company in claims arising out of airplane/bus collision at Denver International Airport.

  • Represented Colorado homebuilding company and its owner in litigation against Colorado savings loan association for lender liability claims arising out of a series of loan modifications and renewals for the building of residential and commercial buildings.

  • Represented sales and management employees of software technology company against claims by their former employer that they breached confidentiality agreements and stole trade secrets when they left the company.

  • Provided expert testimony concerning a lawyer’s standard of care, including both pre-trial Daubert hearing and trial testimony, in legal malpractice litigation involving representation of client in underlying eminent domain claim.

  • Provided testimony concerning the reasonableness of attorneys fees in Federal and State Court matters.

  • Pro bono representation of former inmate in his United States District Court claim that he was wrongfully arrested, without probable cause, by the Colorado Springs Police Department.


  • Barrister’s Best: “Best Arbitrator”- Law Week Colorado (2023)

  • Best Lawyers in America® - Arbitration, Commercial Litigation, Mediation (2017-2024)

  • Colorado Super Lawyers: Business Litigation, Alternative Dispute Resolution (2009-2011, 2013-2023)

  • Colorado Super Lawyers: Super Lawyers 10 Year

  • Colorado Super Lawyers: Top 100 Lawyers in Colorado 2016

  • Martindale-Hubble: AV rated (1993)

  • Law Week Colorado – Barrister’s Best: Colorado’s Best Arbitrator (2012, 2013, 2014, 2015, 2016, 2017, 2021, 2022)

  • Martindale-Hubbell - AV® Preeminent™


  • Colorado Bar Association (Board of Governors, 2001 – 2003, 2021-present; Ethics Committee, 1993 – 1996)

  • American Bar Association (Litigation, Dispute Resolution Section and Business Law Dispute Resolution Committee)

  • American Bar Association - Delegate, House of Delegates, 2020-present

  • William E. Doyle Inn of Court (Founding Member and Master; President, 1997 – 1998; Executive Committee, 1997 – 2017)

  • American Arbitration Association Commercial, Large and Complex Cases, and Employment Panels/Roster of Neutrals

  • Fellow, Academy of Court-Appointed Neutrals (Board of Directors, 2015 – present)(President, 2021-present)

  • Fellow, The American Bar Foundation

  • Faculty of Federal Advocates

  • Colorado Trial Lawyers Association

  • Colorado Supreme Court Grievance Committee, Hearing Board Member

  • Volunteer Attorney, September 11 Victim Compensation Fund

  • Volunteer Attorney, Metro Denver Volunteer Lawyers/Thursday Night Bar Program

  • Mentor Attorney, Faculty of Federal Advocates Counsel – Co-Counsel Program, Colorado Attorney Mentoring Program(“CAMP”)

  • NITA training and certification, 1989

Education

Georgetown University Law Center, J.D., with honors 1985

  • Instructor, Legal Research and Writing

Colorado College, B.A. 1981


Bar Admissions

  • Colorado Supreme Court 1985

  • U.S. District Court, District of Colorado 1985

  • U.S. Court of Appeals, Tenth Circuit 1985

  • U.S. Court of Appeals, Federal Circuit 2006

  • Supreme Court of the United States 2019