Of Counsel
Practice Emphasis:
Litigation
Construction Law
Employment Law
Employment Litigation
Employment Counseling
Education:
J.D., South Texas College of Law,
Order of the Barristers, 1997
B.A., Southwest Texas State University, 1990
A D M I T T E D:
All Colorado State Courts
All Texas State Courts
U.S. District Court, District of Colorado
U.S. District Court, Southern District of Texas
U.S. District Court, Northern District of Texas
U.S. District Court, Western District of Texas
U.S. Court of Appeals for the Fifth Circuit
M E M B E R S H I P S:
Colorado Bar Association 2009 – present
Labor & Employment Law Section 2009 - present
Construction Law Section 2009 - present
Larimer County Bar Association 2009 - present
Texas Bar Association 1997 – present
Labor & Employment Law Section 2006 - 2008
Litigation Section 2000 - 2008
Real Estate & Probate Section 1999 – 2000
Texas Young Lawyers Association 1997 - 2002
Houston Bar Association 2000 - 2008
Federal Bar Association 2005 - 2009
American Bar Association 2007 - 2009
P R O F I L E:
Trained as a trial lawyer, Dean has nationwide practice that currently focuses on commercial litigation, primarily in the areas of construction and employment law. Dean has represented large and small clients in state and federal courts and administrative agencies across the country involving the transportation, construction, healthcare, real estate, legal and computer software industries, including several Fortune 600 companies. He has extensive experience in litigating and counseling companies involving commercial and residential real estate and related contract/lease disputes. Dean also has specialized employment law training and experience involving claims under Title VII, the ADA, the ADEA, the FMLA, the FLSA, the FCPA, OSHA, Sarbanes-Oxley, numerous state equal employment opportunity and whistleblower statutes, fair credit laws, and those involving violations of non-competition/non-solicitation agreements, unemployment claims, worker's compensation retaliation, discrimination, sex harassment, theft of trade secrets, and for breach of contract.
Dean also devotes much of his current practice to litigation, dispute resolution, and transactional aspects of construction law, including matters relating to mechanic's liens, performance and payment bonds, breach of contract, general contractor and subcontractor disputes, and delay and acceleration claims. Dean moved his family to Fort Collins in August 2008 from Houston, where Dean was a partner at a large, downtown firm. Prior to that, Dean was a partner at the prestigious, national firm of Baker & Hostetler, LLP. Dean enjoys golfing, running, hunting and spending time with his family in the great outdoors.
Professional Recognition:
• Dean has received an “AV Preeminent” 5.0 out of 5 Peer Review Rating with Martindale-Hubbell, which is the highest rating awarded to attorneys for professional competence and ethics. To read client and peer testimonials about Dean, click here.
• Dean was recognized as a Texas Super Lawyer “Rising Star” by Law & Politics Media and the publishers of Texas Monthly magazine in the area of Employment and Labor law for 2005, 2006, and 2007, an honor bestowed on the top 2.5 percent of lawyers in Texas.
• In 2007, Dean was named as one of “Houston’s Top Professionals on the Fast Track” by H Texas Magazine.
Career Highlights Include:
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dean@avjlaw.com
Phone: (970) 482-5058
Fax: (970 482-5175
Voicemail: (970) 282-5003
C. Dean Herms, Jr.
- Obtained $6 Million Settlement Refund - Worked as part of defense team for highly publicized nationwide gender, national origin, race, and sex harassment case initiated by the EEOC and a well-known personal injury firm. Defeated class certification and negotiated an $8.5 million Consent Decree settlement with the EEOC. Ultimately obtained an unprecedented order from the federal court directing the EEOC to refund $6 million of the $8.5 million settlement back to the employer.
- Title VII “Employee” Status Defeated - Obtained defense judgment on behalf of trucking company against former independent contractor driver alleging he was an employee and suing for race discrimination and retaliation. Court held that driver was independent contractor rather than employee and that no case had been stated for race discrimination or retaliation. Published opinion: DeSouza v. EGL Eagle Global Logistics, LP, 596 F.Supp. 2d 456 (D. Conn. 2009)
- Race Discrimination/Retaliation - Handled problematical lawsuit where laid off employee sued for race discrimination and retaliation when she was the only one selected for layoff at her worksite. Case was further complicated by fact that employer was hiring at same time as it was laying off employees. Court granted summary judgment against the employee and ordered the plaintiff to reimburse employer/client for costs. Published opinion: Tucker v. SAS Institute Inc., 462 F.Supp.2d 715 (N.D. Texas 2006).
- Worker’s Compensation Retaliation - Obtained defense verdict on behalf of general contractor where welder was terminated for “performance deficiencies” just two weeks after he reported a serious, worker’s compensation injury from a large, metal can falling on his head. Jury concluded there had been no wrongful discharge and awarded no damages. Thompson v. Brazos M&E, 2005WL517578 (149th Dist. Ct., Brazoria County, Tex., Feb. 10, 2005).
- Commission Contracts – Repayment - Obtained defense judgment on behalf of employer against former salesperson to recoup bonus he refused to pay back to employer after his $1 million sale canceled. Fought case all the way to the Texas Supreme Court, which agreed that ex-employee’s technical argument did not alter the clear intent of the commission contract that a bonus was only owed on a completed sale. Published opinion: SAS Institute Inc. v. Breitenfeld, 167 S.W.3d 840 (Tex. 2005).
- Pregnancy Discrimination - Obtained defense judgment against employee suing for pregnancy discrimination. Employee was terminated for excessive absences due to complications related to pregnancy. Plaintiff’s lawyer withdrew from case after numerous instances of perjury were elicited during plaintiff’s deposition. DeLeon v. Clear Lake Regional Medical Center, Inc., 2005WL2667350 (S.D. Texas 2005).
- Sex Harassment/Retaliation - Obtained defense judgment against sex harassment and retaliation plaintiff alleging she was fired for reporting an illegal sexual relationship with her supervisor to her company. Case complicated by fact that employee was laid off the same month as her report of the relationship.
- Plaintiffs’ Key Witness Jailed for Perjury - Obtained finding of contempt and criminal perjury sanctions against key plaintiffs’ witness who purposefully hid and lied about smoking gun audio tape of alleged wrongdoing by management in multi-plaintiff harassment/discrimination lawsuit in federal court. Key witness was sentenced to jail time and ordered to reimburse attorneys’ fees to employer client.
- FMLA Retaliation - Obtained judgment for hospital against former employee bringing FMLA claim who was advised she was approved for FMLA leave, but who had actually not worked the requisite minimum number of hours for eligibility under the FMLA. Citing to a Department of Labor regulation, Plaintiff argued that because employer hospital approved her leave, it waived any right to challenge her eligibility at a later date. Court ruled in favor of hospital holding that the regulation effected an impermissible alteration of the statute.
- Sanctions Against Frivolous Plaintiff’s Lawyer - After obtaining summary judgment for hospital employer on race discrimination claims, received award of sanctions from federal judge against employee’s lawyer for his “unreasonable and vexatious pursuit” of frivolous claims.
