OFFICE: Denver
EMAIL:
DIRECT: (720) 630-2960

For over 30 years, Dan McCune has represented his clients with their business planning and transactional needs and in complex civil litigation, professional malpractice claims, and contentious employment disputes. Prior to entering civil practice, Dan served as a prosecutor, chief prosecutor, and law instructor 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, licensed professionals, in-house counsel, insurance companies and executives, Dan quickly identifies the important facts and issues at play, devises a strategy that helps the client achieve the desired resolution. Dan’s areas of practice include:

Professional Liability

Dan routinely represents professionals in lawsuits, board grievance matters, licensing issues, and has been doing so for over 30 years. Those professionals include attorneys, engineers, architects, surveyors, real estate appraisers, realtors, physicians, nurses, therapist, psychologist, and psychotherapists.

Business Litigation and Transactions

Dan assists individuals, businesses and business owners with their business needs (including contract drafting and review), contract disputes and risk management needs and represents those individuals, business owners and businesses in litigation, when necessary. One of Dan’s most notable cases was representing 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 in the court of law.

Corporate Governance

Dan advises Companies on corporate governance issues and currently serves as outside Board counsel for a large healthcare insurance company based in Denver, attending board and committee meetings and routinely advising the Board on governance issues, conflicts and statutory compliance issues.

Product Liability

Dan has represented companies in product liability litigation concerning medical devices and mechanical failures.

Employment Law

Dan has been defending companies in employment matters including discrimination complaints with the EEOC and the Colorado Civil Rights Division and discrimination suits and wrongful termination suits in state and federal court for over twenty years. He also advises companies on employment related risk management issues.

Mediation

Dan is expanding his practice to include services as a mediator where he will draw upon his many years of experience in conflict resolution to assist others  in obtaining appropriate resolution of their disputes.

Honors and Recognitions

• AV Preeminent rated, Martindale-Hubbell
• Selected as the Barrister’s Best Winner, “Best Insurance
• Defense Lawyer for Defendants” Colorado Law Week (2016)
• Selected for inclusion in Colorado Super Lawyers (2007-present)
• Selected for inclusion in Best Lawyers in America (2003-present)
• Defense Research Institute, Exceptional Performance Citation (2002)
• Defense Research Institute, State Leadership Award (2004)
• Inducted in Phi Betta Kappa (1980)

Organizations and Public Service

Denver Bar Association:

• President, Denver Bar Association (2014-2015)
• Denver Bar Association Board of Trustees (2010- 2015)
• First Vice President, Denver Bar Association (2010-2011)

Colorado Bar Association:

• Colorado Bar Association Board of Governors (2008-2015)
• Chair, Colorado Bar Association Economic Task Force (2009-2010)
• Chair, Colorado Bar Association and Denver Bar Association
• Chair, Joint Judicial Task Force (2011-2013)
• Fellow, Colorado Bar Foundation
• Member, Colorado Bar Association Professional Liability Committee (1994-Present)
• Member, Colorado Bar Association, Interprofessional Committee (1991-1999)
• Member, Colorado Bar Association Grievance Policy Committee (1991)

Federation of Defense and Corporate Counsel:

• Chair of the Sponsorship Committee (2017- 2020)
• Vice Chair of the Projects and Objectives Committee (2013-2019)
• Chair of the Strategic Plan Compliance Committee (2016- 2018)
• Chair, Healthcare Practice Section (2011-2013)

Defense Research Institute (DRI):

• Board of Directors, Defense Research Institute (2004-2007)
• Colorado State Representative, Defense Research Institute (2001-2004)

Colorado Defense Lawyers Association:

• President, Colorado Defense Lawyer’s Association (2000-2001)
• Colorado Defense Lawyers Association Board of Directors (1997-2007)

City of Golden Chamber of Commerce:

• Chamber of Commerce Board of Directors (2018-2019)

El Jebel Shrine:

• Dan is a Shriner and regularly performs with the El Jebel Pipe Band (performing approximately 60-80 times per year). The Band plays for donations, much of which is donated to support the Shriner’s Hospitals for Children. The Shriner’s Hospitals provide treatment to children with treatable orthopedic conditions and burns at no cost to the family.

Lectures

• August 25, 1994 – Aggressively Defending Legal Malpractice Actions, Colorado Defense Lawyer’s Association
• October 28, 1994 – The Elements of Legal Malpractice Claim, Risk Management Seminar
• January 18-February 1, 1996 – The New ALI/ABA Restatement of The Law Governing Lawyers and Its Impact On You, Colorado Bar
• Association – Legal Malpractice Seminars
• August 16, 1996 – Closing Argument: How Far Is Too Far?, Colorado Defense Lawyer’s Association, 19th Annual Seminar
• November 16, 1996 – IRS Consequences Of Claim Settlement For Nonphysical Damages, COPIC Insurance Company
• March 7, 1997 – Legal Issues Related To Indigent Medical Care, Colorado Medical Society seminar
• April 11, 1997 – Malpractice Prevention, Northwest County Bar Association
• August 9, 1997 – Law Office Management, Colorado Bar Association, 99th Annual Convention
• August 22, 1997 – The Law of Voir Dire in Colorado, Colorado Defense Lawyers’ Association, 20th Annual Seminar
• December 4, 1998 – Overview of the Restatement of the Law Governing Lawyers, Colorado Bar Association, Transactional Ethics seminar
• April 15, 1999 – Malpractice Seminar: Hints For The Real World, Colorado Bar Association
• December 9, 1999 – Recent Ethics Opinions: Potential Traps For The Unwary, Boulder County Bar Association
• January-February 2000 – 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 22, 2000 – How To Avoid Malpractice Claims, Hanging Your Shingle Program, Colorado Bar Association
• January 22, 2000 – Avoiding Malpractice Claims, Presentation to The Law Club
• December 1, 2000 – Risk Management in Litigation, Colorado Bar Association Ethics in Litigation
• February 20, 2002 – Perils and Practical Considerations In The Co-Counsel Relationship, Denver Bar Association
• March 24, 2005 – Medical Malpractice In Colorado: Recent Developments In The Law, Denver Claims Association
• April 20, 2005 – Hotel Liability Law, Colorado Hotel and Lodging Association
• August 17, 2005 – Legal Issues Affecting Retail and Lodging Operations, Steamboat Chamber of Commerce
• October 6, 2006 – CH&LA Hospitality Work Shop (Premises Liability), Colorado Hotel and Lodging Association
• December 13, 2006 – The Ethics Review (show), Colorado Bar Association
• February 23, 2007 – EMTALA & Peer Review Issues, Emergency Associations of Colorado
• September 18, 2007 – The Ethics Review (show), Colorado Judicial Conference, Vail, Colorado
• October 24, 2007 – The Ethics Review (show), Colorado Bar Association, Denver, Colorado
• August 7, 2008 – Real Estate Appraiser Liability, Appraisal Institute, Colorado Chapter, Denver, Colorado, August 7, 2008.
• September 23, 2008 – Judicial Ethics presentation (show), Colorado State Judicial Conference, Breckenridge, Colorado
• January-February 2009 – Preventing Legal Malpractice 2009, Program Co-Chair for the Colorado Bar Association
• February 2009 – Professionalism presentation, University of Colorado, School of Law
• October 8, 2009 – Professionalism presentation, University of Colorado, School of Law
• February 18, 2010 – Professionalism presentation, University of Colorado, School of Law
• March 7, 2013 – 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, San Antonio, Texas
• June 5, 2013 – Apps: Help Your Practice, Presentation for the Denver Bar Association on iPad and iPhone and Droid applications for use in a law practice, Denver, Colorado
• March 13, 2014 – Plaintiff’s Opening Statement, DRI Trial Practice Seminar, Miami, Florida
• August 27, 2014 – Top Ten Ways to Avoid Being Sued, ReMax of Cherry Creek
• November 19, 2014 – Understanding You Liability Policy, ReMax of Cherry Creek
• September 18. 2015 – Working With Adjusters and Insurance Company Requirements, National Business Institute program on Personal Injury
• Claims: The Insurance Defense Perspective.
• July 12, 2019 – Alexa, Draft A Motion For Summary Judgment, Cyber Risk presentation at the CLM 2019 Cyber, Management, & Professional Liability Conference, Boston, MA.
• Faculty at the Federation of Defense and Corporate Counsel “Tech U,” providing instruction on utilization of the iPad in the Courtroom and Office (April 2022).

Publications

• Co-author of: 10 Common Sense Ways to Avoid Being Sued, Written for Hanover Insurance Group, January 2015.
• Co-author of the chapter, SPYING: THE ETHICS OF SECRET RECORDINGS, HIDDEN CAMERAS, AND PRIVATE INVESTIGATORS, Lawyers’ Professional Liability in Colorado (2015, 2016 and 2017 editions)
• Claims and Potential Claims: When to Report to Your Carrier, The Colorado Lawyer, December 2010
• Why DRI, For The Defense magazine, June 2007
• I Won’t Opine, song written for the Colorado Bar Association Ethics Review, 2006
• Avoiding The Unintended Client, Colorado Bar Association Legal Malpractice Prevention Publication, Whoops, Fall 2001
• Disposing of Patient Records, American Academy of Family Physicians, News & Publications, March 2001
• June Cleaver & Ward Cleaver v. Edward Haskell, Esq., (a video presentation on avoiding legal malpractice) Copyright 1999 Daniel R. McCune & John M. Palmeri
• Confidentiality of Diagnoses, American Academy of Family Physicians, News & Publications, June 1999

Published Decisions

• Rademacher v. Greschler, 455 P. 3d 769 (Colo. 2020)
• Condo v. Conners, 266 P.3d 1110 (Colo. 2011)
• Allen v. Steele, 252 P.3d 476 (Colo. 2011)
• Condo v. Conners, 271 P.3d 524 (Colo. App. 2010)
• Steele v. Allen, 226 P.3d 1120 (Colo. App. 2009), rev’d, 252 P.3d 476 (Colo. 2011)
• Jewett v. Am. Standard Ins. Co. of Wis., 178 P.3d. 1235 (Colo. App. 2007)
• Luttgen v. Fischer, 107 P.3d 1152 (Colo. App. 2005)
• Atteberry v. Longmont United Hosp., 221 F.R.D. 644 (D. Colo. 2004)
• Business Ins. Co. v. BFI Waste Sys. of N. Am., Inc., 23 P.3d 1261 (Colo. App. 2001)
• Ryals v. St. Mary-Corwin Reg’l Med. Ctr., 10 P.3d 654 (Colo. 2000)
• Broker House Int’l, Ltd. v. Bendelow, 952 P.2d 860 (Colo. App. 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)

Diversity, Equity, & Inclusion