Telephone: (303) 296-7300
With nearly a decade of experience in appellate litigation, Kyle W. Brenton leads the appellate practice group at Childs McCune. Mr. Brenton has litigated a wide variety of both civil and criminal appeals, while also developing extensive expertise at the trial-court level as a commercial and personal injury defense litigator.
Appellate practice is a unique and challenging area of law that demands the highest level of legal craft. After a case ends in the trial court, an appellate litigator can often identify legal errors that occurred that justify reversing an adverse outcome—or, conversely, an appellate specialist can defend a successful outcome against attempts to undo it. Mr. Brenton has extensive experience in every phase of appellate litigation, including advising clients on the possibilities and pitfalls of appealing; perfecting appellate jurisdiction through the timely filing of notices of appeal; researching and crafting persuasive and powerful briefs; and advocating skillfully in person through oral argument.
Mr. Brenton has litigated appeals—as appellant, appellee, and amicus curiae—in a wide variety of substantive areas of law, including products liability and other tort claims, medical malpractice and professional liability, commercial disputes, technology, manufacturing, insurance disputes and bad faith claims, real estate, oil and gas, securities litigation, HOA disputes, antitrust, constitutional issues, and class actions. He also represents criminal defendants on appeal in federal court as a member of the Tenth Circuit’s Criminal Justice Act Panel.
Mr. Brenton also uses his appellate know-how to help trial lawyers build their cases with potential appeals in mind. Many strong appellate issues can easily be forfeited in the trial court, and Mr. Brenton helps trial teams guard against this possibility with guidance on dispositive motions, motions in limine, jury instructions, mid-trial motions, and objections at trial, all aimed toward building and protecting the record on appeal.
Before joining Childs McCune, Mr. Brenton practiced for almost a decade at Davis Graham & Stubbs LLP, as a member of that firm’s appellate practice group. Before that, he served as a law clerk to the Honorable David M. Ebel on the Tenth Circuit Court of Appeals. He is also a frequent speaker and writer on appellate issues, and has frequently presented and moderated panels at the annual CBA-CLE Appellate Practice Update CLE.
Commercial, and Natural Resources, and Personal Injury Defense Litigation
In addition to his appellate experience, Mr. Brenton has extensive experience at the trial court level, representing companies large and small in all types of civil litigation, in state and federal court and in arbitration. In this capacity, he has expertise in drafting pleadings and dispositive motions, managing discovery and litigating discovery disputes, managing expert witness preparation, taking and defending depositions, and examining witnesses at hearings. He has litigated trial-level disputes in areas as diverse as class actions, insurance bad faith claims, contract disputes in the manufacturing, technology, and aerospace sectors, disputes between business partners, multi-million-dollar environmental claims, high-stakes product liability actions, and state and federal securities claims.
Also at the trial-court level, Mr. Brenton also has worked extensively in litigation related to oil and gas and other natural resources. He has represented mineral interest owners, mining companies, resource development companies, oilfield services providers, and mineral lessors in oil and gas- and mining-related litigation. He has been involved in cases arising out of all phases of resource development—from leasing and mineral rights disputes, through lawsuits arising from well operations, to accounting and royalty fights.
Mr. Brenton has demonstrated a long-term commitment to the cause of access to justice for the underprivileged in Colorado. In his position as Co-Chair of the Associates Advisory Board of the Legal Aid Foundation of Colorado, Mr. Brenton led the LAF’s very successful Associates Campaign fundraising efforts in 2017 and 2018, raising hundreds of thousands of dollars to support civil legal aid in Colorado. He serves on the Colorado Bar Association’s Pro Bono Appellate Screening Committee, helping to pair pro se litigants with volunteer attorneys willing to represent them on appeal. And he serves on the Board of Metro Volunteer Lawyers, the Denver metro area legal referral service for low-income clients.
Mr. Brenton is originally from Evansville, Indiana, with stops along the way in Nashville, Boston, Pittsburgh, Minneapolis and, eventually, Denver, where he lives with his wife and two young children. Before law school, Mr. Brenton worked in the professional theater, including at the Pittsburgh Public Theater and teaching theater history at two universities in Pittsburgh.
- J.D., summa cum laude, Order of the Coif, University of Minnesota Law School, 2009
- M.F.A., American Repertory Theatre/Moscow Art Theatre School Institute for Advanced Theatre Training at Harvard University, 2002
- B.A., magna cum laude, Vanderbilt University, magna cum laude, 2000
- Comings and Goings in Robes: Recent changes on the bench at all three Colorado appellate courts, Law Week Colorado, June 4, 2018
- CO Court of Appeals Clarifies Requirements for Final Judgments: Two Opinions Give Guidance on Final Appealable Judgments, Law Week Colorado, June 5, 2017
- Getting Back on Track: The Ins and Outs of Interlocutory Appeals Under C.A.R. 4.2 and C.A.R. 21, Trial Talk April/May 2017 (Colorado Trial Lawyers Association 2017)
- Understand the Mandate Rule to Avoid Snatching Defeat from the Jaws of Victory, Trial Talk Vol. 63, Issue 3 (Colorado Trial Lawyers Association 2014)
- Tenth Circuit Confirms Securities Rule, Law Week Colorado, March 3, 2014
- Trade Secret Law and the Computer Fraud and Abuse Act: Two Problems and Two Solutions, 2009 Illinois Journal of Law, Technology, and Policy 429
- BONGHiTS4JESUS.COM? Scrutinizing Public School Authority over Student Cyberspeech Through the Lens of Personal Jurisdiction, 92 Minnesota Law Review 1206 (2008)
- Denver Bar Association
- Colorado Bar Association
- CBA Appellate Practice Subcommittee
- Appellate Pro Bono Screening Committee
- Legal Aid Foundation of Colorado
- Co-Chair of Associate Advisory Board
- Metro Volunteer Lawyers
- Board Member
Awards and Honors
- Colorado Rising Star, Appellate Practice, Super Lawyers Magazine, 2013-2018
- Sidney J. Kaplan Legal Scholarship Fund Award, University of Minnesota Law School, 2009
- Volume 35/36 Memorial Award for Outstanding Student Writing, Minnesota Law Review, 2008