Mr. Kaufmann has focused his practice on defense of businesses in claims asserted by consumers, investors and government entities, as well as litigation of complex commercial disputes between companies.  He has particular expertise in consumer class actions, antitrust cases, and securities litigation, representing entities in a range of industry sectors from financial services to transportation.  Mr. Kaufmann has handled similar matters when pursued by State and Federal authorities.  Defense of class actions also has provided Mr. Kaufmann with significant experience defending employment cases and counseling clients on employment matters.  His more general commercial practice includes the prosecution and defense of disputes between businesses, particularly in the telecommunications and technology, real estate, and construction sectors.  While Mr. Kaufmann has significant expertise in procedural nuances of complex cases and discovery (he previously chaired the firm’s e-discovery task force), he also has tried a number of cases before juries, courts and arbitrators. 

Mr. Kaufmann has assumed significant leadership responsibility within Morrison & Foerster and the broader community.  He currently serves as Chair of Morrison & Foerster’s 500 lawyer Litigation Department and until recently was co-chair of the firm’s consumer litigation and class action practice group.  Mr. Kaufmann served previously as Board Chair of the Colorado Lawyers Committee and the Colorado I Have a Dream Foundation.  He also serves on the board of the National Jewish Medical and Research Center.  Mr. Kaufmann has been recognized as individual of the year by the Colorado Lawyers Committee and is recognized as a “Super Lawyer” in the area of business litigation by 5280 Magazine.  He is also listed in The Best Lawyers in America (2008 & 2009) as a leader in the field of antitrust and commercial litigation.

He has lectured and written on the topics of procedure, case assessment, employment law, electronic discovery and alternative dispute resolution.  Mr. Kaufmann was the editor of the Antitrust Litigator, published by the American Bar Association Section of Litigation Antitrust Litigation Committee and also served as an editor of the Colorado Labor Letter. 

Mr. Kaufmann received his B.A. degree, summa cum laude, with high honors from Wesleyan University in 1980 and received his J.D., cum laude, from the University of Michigan in 1984, where he was a member of the University of Michigan Journal of Law Reform.  He is also a member of Phi Beta Kappa.  Before attending law school, Mr. Kaufmann worked for the Washington, D.C. consulting firm of ICF, Inc., where he focused on economic analysis of energy markets and related environmental issues.  Following law school, Mr. Kaufmann served as a law clerk to United States District Court Judge John L. Kane, Jr. 

Representative Cases

• Hicks v. Bank of America, NA., et al., (10th Cir.).
  Counsel for Bank of America in arbitration in favor of the Bank relating to a commercial loan and in subsequent judicial proceedings that unsuccessfully challenged the arbitration decision.
  See 2007 U.S. App. LEXIS 3984.
• Quizno’s  Corp. Securities Cases.  Represented Quizno’s in a series of securities cases and appeal of dissenters’ rights litigation relating to the going private merger of the Company.  The matter included defending on appeal objectors’ challenge to the settlement of one of those cases.  See Sebesta v. Schaden,  2006 Colo. App. LEXIS 732 (Colo. Ct. App. May 18, 2006).
• In re Excess Value Insurance Coverage Litigation, MDL-1139 (U.S.D.C. SDNY).
  Counsel to United Parcel Service in 26 state and federal class actions asserting contract, tort, deceptive trade practices, RICO and antitrust claims.  After removal, consolidation in Multidistrict Litigation proceedings, and motions to dismiss which disposed of most claims for relief, the cases settled on terms favorable to defendants.
• Roe v. American Fair Credit Association, Inc., et al. (U.S.D.C. D. Colo.) April 2002.
  Counsel for defendant American Fair Credit Association, Inc. in a consumer case relating to credit rehabilitation programs.  See 165 F. Supp. 2d 1164 (D. Colo. 2002).
• Cody v. Verio Inc., et al.  Represented defendants in a series of securities class actions relating to sale of Verio Inc. filed in Delaware and Colorado in 2000 (cases dismissed by plaintiffs after defendants filed motions to dismiss).
• Krumbein v. NationsBank, N.A. (U.S.D.C. D. Colo.).  Counsel for defendants in consumer case involving lending practices (case resolved based upon nominal settlement). 
• Giardino, et al. v. Colorado State Board of Education, et al. (Colo. Dist. Ct.).  Counsel for class of students in 6 poor school districts in this pro bono case relating to unsafe and inadequate schools.  The case settled after start of trial based upon new legislation providing for $190 million in statewide funding.  In re Brand Name Prescription Drugs Antitrust Litigation, MDL-997 (U.S.D.C. N.D. Ill.).  Counsel for defendant Bergen Brunswig Corporation in antitrust price fixing trial resulting in judgment for remaining defendants.  See 1999 U.S. Dist. LEXIS 550; 1999-1 Trade Cas. (CCH) ¶ 72,446 (1999), aff’d, 186 F.3d 781 (7th Cir. 1999).
• Pagani v. Bellco Credit Union, et al. (Colo. Dist. Ct.); Walsh v. Bellco Credit Union, et al. (U.S.D.C. D. Colo.).  Counsel for defendant Acceleration National Insurance Co. relating to disclosures and provision of auto insurance associated with loans; following dismissal of federal case and most state law claims, class case settled on limited claims. 
• Peterson v. Mission Viejo Company (Colo. Dist. Ct.) (and 12 additional related federal court cases involving 39 plaintiffs).  Counsel for defendant Mission Viejo Company in house construction defect cases.  Class issues extensively litigated in state case and case ultimately certified on certain limited claims and for a limited class.  State case ultimately settled as to the class.  Federal cases never certified as class action and settled on an individual basis.  Follow on insurance claims successfully prosecuted for Mission Viejo Company and its successor Shea Homes.
• Rivendell Forest Products, Ltd. v. Canadian Forest Products Ltd. (U.S.D.C. D. Colo.).  Counsel for defendant Canadian Forest Products, Ltd. in antitrust case involving complex issues of comity and class certification.  See 810 F. Supp. 1116 (D. Colo. 1993). 
• Kraszewski v. State Farm General Insurance Co., et al. (U.S.D.C. N.D. Cal.).
  Part of Morrison & Foerster LLP team assuming representation of defendant in sex discrimination case after class certification and first phase verdict for plaintiffs; resolved over 120 individual matters through “Teamster” hearings before case settled under class-wide formula. 
• Magliocco v. Olson (Colo. Dist. Ct.).  Counsel for landlord in real estate disputes with tenant.  See 762 P.2d 681 (Colo. Ct. App. 1987).