DISTRICT COURT, CITY AND COUNTY OF

DENVER, COLORADO
1437 Baimock Street
Denver, CO 80202
Plaintiff:

BRANDEBERRY-McKENNA PUBLIC AFFAIRS, a

Colorado corporation,

V.

Defendants:

COLORADO TRIAL LAWYERS ASSOCIATION, a

Colorado non-profit corporation.
COURT USE ONLY
BROWNSTEIN HYATT FARBER SCHRECK, LLP
Michael F. Feeley, #12266
Bret A. Fox, #3 6723
Brownstein Hyatt Farber Schreck, LLP
410 Seventeenth Street, Suite 2200
Denver, CO 80202-4432
Telephone: 303.223.1100
Facsimile: 303.223.1111
Email: mfeeley@bhfs.com, bfox@bhfs.com
Attorneys for PLAINTIFF

COMPLAINT FOR BREACH OF CONTRACT

The Plaintiff, Brandeberry-McKenna Public Affairs ("BBMK"), submits the following as

its Complaint for Breach of Contract:

PARTIES, JURISDICTION AND VENUE

1. Plaintiff BBMK is a Colorado corporation with its principal place of business

located in Denver, Colorado.

2. Defendant Colorado Trial Lawyers Association (CTLA!I) is a Colorado non-

profit corporation with its principal place of business located in Denver, Colorado.

3. Pursuant to C.R.S. § 13-1-124, this Court has jurisdiction because the parties
transact business in the City and County of Denver and because this action concerns a contract
entered into in the City and County of Denver. Venue is proper pursuant to C.R.C.P. 98(c)
because CTLA presently resides in the City and County of Denver, and because this is an action
on a contract for services to be performed primarily in the City and County of Denver.

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 GENERAL ALLEGATIONS

4. In December, 2008, the parties executed a memo entitled CTLA Contract

Revision" (the 'Revision Memo), agreeing to extend and continue their expiring Agreement of
Representation (the 'Agreement") for the period January 1, 2009 through December 31, 2011.

5. As set forth in the Revision Memo, the parties agreed that CTLA would pay
BBMK an amount of $195,000 during 2009, increasing to $200,000 per year for each of 2010
and 2011, to be billed and paid in monthly installments for the duration of the contract. Under
paragraph 7 of the Agreement, the monthly payments are due on the first business day of each
month.

6. Pursuant to the Agreement and the Revision Memo, BBMK invoiced CTLA on
the first business day of the months of June and July, 2009. CTLA has not remitted payment to
BBMK on either of these outstanding invoices.

7. On May 29, 2009, CTLA advised BBMK through counsel, without proffering
notice of termination in accordance with paragraph 12 of the Agreement and without alleging a
good cause basis for doing so, that CTLA considers the Agreement 'terminated.'

FIRST CLAIM FOR RELIEF - BREACH OF CONTRACT

8. The Plaintiff incorporates the allegations set forth in Paragraphs 1 through 7

above as if set forth in full.

9. CTLA entered into a binding contractual duty under the Agreement to submit
monthly payments to BBMK in accordance with the terms of the Agreement and in the amounts
set forth in the Revision Memo.

10. BBMK has satisfied all of its contractual obligations and performed all conditions
precedent required under the terms of the Agreement and the Revision Memo.

11. CTLA materially breached the Agreement by failing to make monthly payments
as required by the Agreement for the months of June and July, 2009.

12. Furthermore, by asserting that CTLA considers the Agreement to be terminated

without good cause and without proper notice of termination to BBMK, CTLA committed an
anticipatory breach of the Agreement with respect to future payments that were to be made under
the terms of and in the amounts stated in the Revision Memo and Agreement.

13. As the result of CTLAs breach, BBMK has suffered immediate damages in the
amount of payments lost due to CTLA's nonpayment, and future damages in the amounts
otherwise payable in the future in accordance with the terms of the Agreement and in the
amounts stated in the Revision Memo.

WHEREFORE, the Plaintiff requests that this Court enter an Order awarding to BBMK:

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 a. Damages for the monthly payments billed by BBMK but unpaid as a result of
CTLA's breach, plus the outstanding amounts stated in the Revision Memo;

b. Any other compensable damages in an amount to be determined at trial;

c. Pre-judgment interest;

d. Post-judgment interest;

e. BBMK's costs and reasonable attorneys fees incurred in connection with this
action; and

f. Any additional relief that the Court deems just and proper.

Respectfully submitted this 21st day of July, 2009.

BROWNSTEIN HYATT FARBER

SCHRECK LLP

By: s/ Michael F. Feeley

Michael F. Feeley, Atty. Reg. No. 12266
Bret A. Fox, Atty. Reg. No. 36723
ATTORNEYS FOR PLAINTIFF

Plaintiff Address
1410 Grant Street
C-206
Denver, Colorado 80203

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