Attorneys
Daniel R. McCune
Shareholder
Phone: 303.825.2700
For over 20 years, Dan McCune has defended his clients in complex civil litigation, professional malpractice claims, and contentious employment disputes, a role he prepared for by serving as a prosecutor and chief prosecutor in the Army Judge Advocate General’s (JAG) Corp. That dual experience as a defense advocate and a prosecutor has helped earn Dan a reputation as formidable ally for his clients in significant legal disputes.
Working for companies, business executives, lawyers and law firms, in-house counsel, insurance companies and executives, and healthcare practitioners and administrators, Dan cuts through the clutter of a case to quickly identify the important facts and issues at play, devise a strategy that helps capture the upper hand in a case, and then move it quickly to resolution through trial, mediation or settlement.
Dan’s cases have drawn the attention of the press and the business community. In a notable employment case, Dan represented a celebrity-led charitable foundation being sued by its former executive director for wrongful termination. Before taking the case, it had been front page on the New York Times, the subject of an article in Forbes, and followed by the Associated Press. To succeed for his client, Dan acted in both the court of public opinion and the law.
Dan led a Kennedy Childs & Fogg group representing an attorney sued for his role as the second attorney in a sequence of four representing a client in several disputes. A complex case due to the competing and complementary roles of the four attorneys, many claims emerged in this case. Ultimately, Dan and KCF prevailed, securing a summary judgment. During the successive plaintiff's appeal, the KCF team established law in Colorado, including the sham affidavit rule.
At Kennedy Childs & Fogg, Dan leads the legal industry team in complex litigation.
Dan’s published decisions include:
- Steele v. Allen, ___ P.34 ___, 2009 WL 39992 (Colo. App. 2009)
- Jewett v. American Standard Ins. Co., 178 P. 3d. 1235, (Colo. App. 2007)
- Fischer v. Luttgen, 107 P.2d 1152 (Colo. App. 1/13/05)
- Atteberry v. Longmont United Hosp., 221 F.R.D. 644 (2004)
- Business Ins. Co. v. BFI Waste Sys. of N. Am., Inc., 23 P.3d 1261 (Colo. App. 2001)
- Ryals v. St. Mary-Corwin Regional Med. Ctr., 10 P.3d 654 (Colo. App. 1998)
- Broker House Int'l v. Bendelow, 952 P.2d 860 (1998)
- Estate of Kronemeyer v. Meinig, 948 P.2d 119 (Colo. App. 1997)
- Cedar Lane Invs. v. St. Paul Fire & Marine Ins. Co., 883 P.2d 600 (Colo. App. 1994)
- Wilson v. Fireman's Fund Ins. Co., 931 P.2d 523 (Colo. App. 1996)
- Berger v. Dixon & Snow, P.C., 868 P.2d 1149 (Colo. App. 1993)
Memberships
Board of Directors, Defense Research Institute (2004- 2007)
Member, Federation Of Defense & Corporate Counsel (2006-present)
Member, Defense Research Institute (1997-present)
Colorado State Representative, Defense Research Institute (2001-2004)
Colorado Defense Lawyers Association, Board of Directors (1997-2007 / President 2000-2001)
Colorado Bar Association, Board of Governors (2008-present)
Member, Colorado Bar Association Professional Liability Committee (1994-present)
Associate Member, ABA's National Legal Malpractice Data Center (1999-2002; 2006 - Present)
Member, Faculty of Federal Advocates (1998-present)
Member, Arraj Inn of Court (1998-2000).
Member, Colorado Bar Association, Intraprofessional Committee (1993-1994).
Chairperson, Military Law Committee (1992)
Member, Colorado Bar Association Interprofessional Committee (1991-1999)
Member, Colorado Bar Association Grievance Policy Committee (1991)
Awards & Recognition
Colorado Super Lawyers (2007, 2008, 2009)
Best Lawyers In America (Colorado) (2004, 2005, 2006, 2007, 2008, 2009, 2010)
Defense Research Institute, State Leadership Award (2004)
Phi Beta Kappa, University of Kansas
Presentations
Why DRI, Defense magazine, June 2007
EMTALA & Peer Review Issues, Emergency Associations of Colorado, February 23, 2007
The Ethics Review (show), Colorado Judicial Conference, Vail, Colorado, September 18, 2007
The Ethics Review (show), Colorado Bar Association, Denver, Colorado, October 24, 2007
I Won’t Opine, for the Colorado Bar Association Ethics Review, 2006
Medical Malpractice In Colorado: Recent Developments In The Law, Denver Claims Association, March 24, 2005
Hotel Liability Law, Colorado Hotel and Lodging Association, April 20, 2005
Legal Issues Affecting Retail and Lodging Operations, Steamboat Chamber of Commerce, August 17, 2005
CH&LA Hospitality Work Shop (Premises Liability), Colorado Hotel and Lodging Association, October 6, 2006
The Ethics Review (show), Colorado Bar Association, December 13, 2006
Avoiding The Unintended Client, Colorado Bar Association Legal Malpractice Prevention Publication, Fall 2001