Daniel R. McCune
Telephone: (303) 296-7300
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. The case garnered national media attention and made the front page of the New York Times, was the subject of a Forbes Magazine piece, and was covered by the Associated Press. To succeed for his client, Dan acted in both the court of public opinion and the law.
Dan’s published decisions include:
- Condo v. Connors, 266 P.3d 1110 (Colo. 12/19/11)
- Allen v. Steele, 252 P.34 476, (Colo. 2011)
- 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)
- President, Denver Bar Association (2013-2014)
- Board of Directors, Defense Research Institute (2004- 2007)
- Member, Federation Of Defense & Corporate Counsel (2006-present)
- Vice Chair, P&O Committee of the Federation of Defense and Corporate Counsel (2013- present)
- Chair, Healthcare Practice Section of the Federation Defense and Corporate Counsel (2011-2013)
- Member, Defense Research Institute (1997-present)
- Director, DRI Board of Directors (2004-2007)
- Colorado State Representative, Defense Research Institute (2001-2004)
- President, Colorado Defense Lawyers Association (2000-2001)
- Colorado Defense Lawyers Association, Board of Directors (1997-2007)
- 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)
- Chair, 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-Present)
- Best Lawyers In America (Colorado) (2004-Present)
- Defense Research Institute, State Leadership Award (2004)
- Phi Beta Kappa, University of Kansas
- Aggressively Defending Legal Malpractice Actions, Colorado Defense Lawyers’ Association, August 25, 1994.
- The Elements of a Legal Malpractice Claim, Risk Management Seminar, October 28, 1994.
- The New ALI/ABA Restatement Of The Law Governing Lawyers And Its Impact On You, The Colorado Bar Association’s 1996. Legal Malpractice Prevention Seminars, January 18-February 1, 1996.
- Closing Argument: How Far Is Too Far?, Colorado Defense Lawyers’ Association, 19th Annual Seminar, August 16, 1996.
- The New ALI/ABA Restatement Of The Law Governing Lawyers And Its Impact On You, Risk Management Seminar, October 10, 1996.
- IRS Consequences Of Claim Settlement For Nonphysical Damages, COPIC Insurance Company, November 16, 1996.
- Legal Issues Related To Indigent Medical Care, Colorado Medical Society seminar, March 7, 1997.
- Malpractice Prevention, Northwest County Bar Association, April 11, 1997.
- Law Office Management, Colorado Bar Association, 99th Annual Convention, August 9, 1997.
- The Law of Voir Dire in Colorado, Colorado Defense Lawyers’ Association, 20th Annual Seminar, August 22, 1997.
- Overview of the Restatement of the Law Governing Lawyers, Colorado Bar Association, Transactional Ethics seminar, December 4, 1998.
- Malpractice Seminar: Hints For The Real World, Colorado Bar Association, April 15, 1999.
- Recent Ethics Opinions: Potential Traps For The Unwary, Boulder County Bar Association, December 9, 1999.
- Preventing Legal Malpractice 2000, Program Co-Chair for the Colorado Bar Association, January-February 2000.
- Recognizing Conflicts, Colorado Bar Association Preventing Legal Malpractice 2000, January-February 2000.
- How To Avoid Malpractice Claims, Hanging Your Shingle Program, Colorado Bar Association, January 22, 2000.
- Avoiding Malpractice Claims, Presentation to The Law Club, January 22, 2000.
- Risk Management in Litigation, Colorado Bar Association Ethics in Litigation, December 1, 2000.
- Perils and Practical Considerations In The Co-Counsel Relationship, Denver Bar Association, February 20, 2002.
- 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.
- 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.
- Real Estate Appraiser Liability, Appraisal Institute, Colorado Chapter, Denver, Colorado, August 7, 2008.
- Judicial Ethics presentation (show), Colorado State Judicial Conference, September 23, 2008, Breckenridge, Colorado.
- Preventing Legal Malpractice 2009, Program Co-Chair for the Colorado Bar Association, January-February 2009.
- Professionalism presentation, University of Colorado, School of Law, February 2009.
- Professionalism presentation, University of Colorado, School of Law, October 8, 2009.
- Professionalism presentation, University of Colorado, School of Law, February 18, 2010.
- An App A Day Keeps The Jury In Play, Presentation for the Federation of Defense and Corporate Counsel on iPad applications for use in the courtroom. March 7, 2013, San Antonio, Texas.
- Apps: Help Your Practice, Presentation for the Denver Bar Association on iPad and iPhone and Droid applications for use in a law practice. June 5, 2013, Denver, Colorado.
- Plaintiff’s Opening Statement, DRI Trial Practice Seminar, Miami, Florida, March 13, 2014.