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Henry Baskerville
Partner

303-565-8006
hbaskerville@fortislawpartners.com

Recognized by Martindale-Hubbell, Super Lawyers, and Best Lawyers in America, Henry Baskerville is an experienced trial lawyer who focuses on complex commercial litigation, white collar criminal defense, government contracts, construction law, and marijuana law.

Commercial Litigation

Henry has represented numerous individual and corporate clients in a wide variety of disputes, including breach of fiduciary duty, fraud, fraudulent transfers, alter ego, trade secrets, restrictive covenants, False Claims Act claims (qui tam cases), breach of contract, labor and employment disputes, securities, and bankruptcy and receivership proceedings. He has tried cases in courtrooms across the country and has handled appeals to the Fourth Circuit, Seventh Circuit, and Tenth Circuit Courts of Appeals.  Henry frequently represents parties in disputes over ownership of closely held companies.

Henry represented a client in a dispute relating to the governance of a closely held corporation. After a week long trial, Henry’s client was awarded control of the company.

He has represented numerous defendants in a preliminary injunction hearing in federal court relating to the clients’ alleged violations of non-solicitation agreements they signed with their former employer.  After a week long evidentiary hearing, the Court ultimately ruled in favor of Henry’s clients, finding that the plaintiff’s agreement was unenforceable.

Henry represented a company in a federal jury trial regarding the sale of internet-generated leads for car dealerships. The jury ruled in favor of Henry’s client awarding seven figure damages.

He has represented many other clients in all types of disputes from pre-litigation through appeal. 

White Collar & Investigations

In the white collar area, Henry handles both the defense at trial and appeal of bank, mail, securities and tax fraud matters, as well as public corruption charges.

Henry conducts internal investigations of entities and institutions concerned about potential violations of the law or those that are already facing government probes. He conducts employee interviews, analyzes business records and consults with senior management to determine the best strategy. He also assists businesses in setting up compliance programs that provide policies and procedures aimed at eliminating potentially unlawful conduct.

Henry has represented many clients in all phases of criminal matters from the investigation stage all the way through appeals.  He has managed numerous grand jury investigations, responded to many government subpoenas, and has managed large joint-defense groups.

Government Contracting

Henry has significant experience in government contracting.  He has represented businesses in both civil and criminal investigations stemming from contracts those businesses signed with various governmental entities. He has conducted internal investigations stemming from issues with government contracts. Henry has assisted in the implementation of compliance programs designed to meet the requirements of various governmental contracts.

Henry represented a large construction company sued for allegedly violating the False Claims Act.  The matter settled favorably for the client one day before trial was set to begin.

Henry represented a large defense contractor in a federal investigation stemming from a contract relating to missile defense systems.  He also represented the same contractor in a subsequent False Claims Act suit.  The Court granted summary judgment for the client. 

Henry has represented numerous other clients in contracting with the government and in False Claims Act suits and other investigations stemming from various issues relating to government contracting.

Small Businesses

He has served as an outside general counsel or in an advisory capacity helping many small businesses. He has counseled companies on employment matters, contractual disputes, litigation, and has assisted with investigations from various state labor agencies. He also has helped companies re-write their contracts and internal policies to avoid future problems. He has counseled companies from a wide variety of industries that are as diverse as banks, e-commerce companies, vacation rental management businesses, physician practices and even golf courses.

Construction Litigation

Henry also has significant construction litigation experience. He has represented clients as diverse as multinational construction conglomerates to small local contractors in a wide variety of disputes. Henry has represented various contractors in litigation against the government and lower-tier subcontractors. At the beginning of his career, he worked for the City of Chicago Law Department in the Building and Land Use Litigation Division.

Marijuana Industry

Henry also provides assistance to individuals and businesses in the legalized marijuana industry. He helps companies apply for and secure the necessary licenses to cultivate and dispense marijuana and its byproducts. In this area, Henry also provides general business advice, as well as guidance on state and federal regulations governing the operation of legalized marijuana businesses and the solicitation of and contracting with investors and other business partners. Henry also has represented clients in various enforcement proceedings brought by the Marijuana Enforcement Division of the Colorado Department of Revenue and Colorado Attorney General's office.

Practice Areas

  • Contract and Commercial Litigation
  • White Collar Criminal Defense
  • Marijuana Law
  • Construction Litigation
  • Employment and Labor

Bar Admissions

  • Colorado
  • Illinois
  • U.S. District Court, District of Colorado
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Northern District of Illinois (Trial Bar)
  • U.S. District Court, Central District of Illinois
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Tenth Circuit

Education

  • Loyola University School of Law (J.D., Certificate in Trial Advocacy, cum laude, 2005) (Senior Editor, Loyola Consumer Law Review)

Professional Affiliations

  • Colorado Defense Lawyers Association
  • Colorado Bar Association
  • American Bar Association

Honors & Awards

  • AV Preeminent Rated, Martindale-Hubbell
  • The Best Lawyers in America(2017)
  • Named a “Rising Star” by Super Lawyers in Colorado (2017)
  • Named a “Rising Star” by Super Lawyers in Illinois (2012-2015)
  • Named to National Trial Lawyers’ Top 40 Under 40 (2014)

Community Activities & Personal Interests

Henry currently serves on the Board of Directors of the Mile High Youth Corps.  He also is a member of the Board’s Development Committee.

He is a member of the Advancement Committee of the Board of Directors of the International School of Denver.

Henry has represented numerous parties pro bono.  For example, he represented, pro bono, the defendant in a civil tax matter in which the United States sought to foreclose on the home of a quadriplegic woman (his client) and her 16-year-old daughter in order to satisfy various tax liens. The matter settled favorably for the client and she was able to keep her home.

He represented, pro bono, the plaintiff in a civil rights matter brought against the Cook County Sheriff’s Office, and various guards, stemming from a lack of medical care provided to an inmate at Cook County Jail in Chicago, Illinois. Matter settled favorably for the client, which provided him with some capital to restart his life when he was released from prison.

Henry speaks French, enjoys skiing, sailing, CrossFit, environmental issues, and youth education. 

Speeches & Publications

  • Author, "Important Ruling for Marijuana Businesses," LinkedIn (March 2016)
  • Co-Author, "CFPB Rules Proposal May Drastically Impact School Arbitration Agreements," Career Education Review (December 2015)
  • Author, "Non-Compete Clauses in Employment Contracts: How to Avoid Having Them Deemed Unenforceable," an ExecSense eBook (November 2012)