Back to Search Results

Mediator Resume

David M Tenner, Esq.

David M Tenner, Esq.

Professional Summary

Full-time arbitrator, mediator and court-appointed special master/neutral following a 37-year trial practice emphasizing complex commercial litigation. Neutral experience includes large and complex commercial disputes and employment disputes involving business entities, contracts, corporate governance, fiduciary duties, insurance, executive compensation, ERISA, franchise matters, cannabis, and life science.

Current Employer-Title

Landy, Leedy, McGreevy & Winocur, P.C. - Special Counsel

Profession

Arbitrator, Mediator, Court-Appointed Neutral/Special Master

Work History

Special Counsel, Landy, Leedy, McGreevy & Winocur, P.C. (and predecessor firm), 2007 - Present; Special Litigation Counsel, Bond & Morris, P.C., 1994 - 2007; Associate, Gelt, Fleishman & Sterling, P.C., 1991 - 1993; Associate, Coghill & Goodspeed, P.C., 1988 - 1991; Associate, Baker & Hostetler, 1985 - 1988.

Experience

Thirty-seven-year trial practice, concluded in 2022, emphasizing complex commercial litigation. Represented plaintiffs and defendants and a broad spectrum of business clients, ranging from Fortune 500 companies and other businesses to individuals. COMMERCIAL - Complex commercial litigation involving individuals, corporations, partnerships, limited liability companies and limited liability partnerships. Business disputes included shareholder litigation, corporate governance, officer and director liability, minority shareholder claims, entity dissolution, fiduciary duties, derivative actions, securities and securities fraud, broker and dealer claims, debt and note collection, international business disputes and breach of contract. Other commercial matters included real estate ventures and developments, debtor-creditor claims, lender liability, and law firm partnership disputes and dissolution. Insurance litigation included coverage and bad faith, claims management practices, ERISA, health and disability insurance, professional liability insurance, and first- and third-party coverage issues. Additional litigation involved product and premises liability, personal injury, legal malpractice, ethics and fee disputes, medical and accounting malpractice, malicious prosecution and abuse of process, construction defects, and intellectual property matters involving patents (including Markman hearings), trademarks, copyrights and licensing agreements. EMPLOYMENT - Employment litigation involving breach of employment contracts, wrongful and retaliatory discharge, implied covenant of good faith and fair dealing, covenants not to compete, confidential information and trade secret protection, wage claims, qui tam matters and whistleblower claims. AWARDS AND HONORS - Fellow, College of Commercial Arbitrators; Selected to Best Lawyers in America - 2017 (Commercial Litigation), 2018-2026 (Commercial Litigation, Arbitration, Mediation - 2026 Colorado Mediator of the Year); selected to Colorado Super Lawyers - 2009-2011, 2013-2025, including Top 100 in Colorado, 2016; selected as Colorado’s Best Arbitrator, Law Week Colorado - 2012-2018, 2021-2024; Fellow, Academy of Court-Appointed Neutrals (recipient, Academy of Court-Appointed Neutrals Civil Justice Award - 2025); Martindale-Hubbell AV rating - 1993.

Mediator Experience

Mediation experience comes from private engagements, AAA engagements and through appointments as a special master to Denver area courts. All mediations have been in commercial/business disputes.

Representative Issues Handled as a Mediator

Primary issues involved in mediations are both liability and damages, including apportioning claimed damages among multiple defendants. Liability issues concerned claims related to investor disputes to construction defect claims.

Mediator Style & Process Preferences

Some mediators tend to be more evaluators and some tend to be more facilitators. I view my approach as a combination of the two. In general, I tend to start as a facilitator, but when the mediation needs an honest evaluation to move forward, I won't be shy to provide that evaluation. My expectation of parties and their counsel is simple: Be prepared with the information you need to make an informed judgment about settling, and come to the process with a genuine desire to be open to getting the matter resolved and put behind you.

Technology Proficiency

Have presided as Panel Chair in virtual hearings/online hearings, Trained in ClearBrief AI tool.

Education

Georgetown University Law Center (JD, with Honors - 1985); Colorado College (BA - 1981).

Professional Licenses

Admitted to the Bar: Colorado (1985); Colorado Supreme Court (1985); U.S. District Court: District of Colorado (1985); U.S. Court of Appeals: Tenth Circuit (1985), Federal Circuit (2005); U.S. Supreme Court (2019).

Professional Associations

Colorado Bar Association (Alternative Dispute Resolution Committee; Past Board of Governors; Past Ethics Committee); American Bar Association (Sections of Dispute Resolution, Litigation and Business Law; Dispute Resolution Section Arbitration Committee, Co-Chair 2019–Present, Past Program Chair 2016–2019; House of Delegates, Past Delegate 2020–2025); William E. Doyle Inn of Court (Founding Member; Past President; Past Executive Committee); Academy of Court-Appointed Neutrals (Fellow; Board of Directors, 2015–Present; Past President, 2021–2023; Incubator Program Co-Chair, 2025 and 2027); College of Commercial Arbitrators (Fellow); American Bar Foundation (Fellow).

Recent Publications & Speaking Engagements

PUBLICATIONS: Published in THE COLORADO LAWYER, HOME BUILDERS MAGAZINE and THE COLORADO REAL ESTATE JOURNAL. SPEAKING ENGAGEMENTS: Faculty - National Judicial College Faculty - Colorado State Judicial Conference - 2012, 2018, 2024 “The Award and Post-Award Issues,” American Bar Association Arbitration Training Institute, Panelist, 2026; “Designing and Presenting Programs Effectively: A Faculty Development Workshop,” National Judicial College, 2024; “Considering Special Masters/Court-Appointed Neutrals - The Swiss Army Knife of Judicial Administration,” Colorado Judicial Conference, 2024; “Yes, Arbitration is Better than Litigation: Top Tips for Making it Happen,” American Bar Association Webinar, 2024; Moderator and Panelist, “Early Stages: From the Arbitration Clause to Preparing for the Preliminary Hearing” and “Getting to the Evidentiary Hearing: Preliminary Hearing, Scheduling Order, Information Exchange, and Motion Practice,” American Bar Association Arbitration Training Institute, 2024; “What You CAN Do: Court-Appointed Neutrals, ADR, and the Courts,” American Bar Association Dispute Resolution Section Conference, 2024; “Everything You Wanted to Know from Arbitration Case Managers,” American Bar Association Dispute Resolution Section Conference, 2023; “How Special Masters Can Assist Your Case,” Florida Law Con, 2023; “Real Life Solutions for Court-Appointed Discovery Neutrals,” Academy of Court-Appointed Neutrals Annual Meeting, 2023; “Building & Maintaining an Arbitration Practice” and “Learning the Ropes from Case Managers,” American Bar Association Annual Arbitration Training Institute, 2022. "Remote Arbitration Hearings - A Practicum, ABA Annual Arbitration Training Institute; "From Life Science to Cannabis Disputes - ADR is the Best Option", ABA Dispute Resolution Section - 2021

Locations Where Parties Will Not be Charged for Travel Expenses

Metropolitan Denver, Colorado, and Hawaii

Compensation

Hourly Rate: $595.00 Daily Rate: Not provided Study Rate: $595.00/hr Cancellation: $2,380.00/Day Cancellation Period: 7 Days Comment: Cancellation fee for four hours per mediation day, for mediations cancelled with 7 days or less notice. Cancellation fees also include expenses that cannot be refunded.

Languages

English

Citizenship

United States of America

Locale

Denver, Colorado