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CLARE PENNINGTON, PARTNER
Clare focuses her practice on civil and commercial litigation. She has worked on complex business disputes involving a variety of companies, from family businesses to Fortune 500 corporations. Clare has experience in all aspects and phases of litigation including e-discovery, trial preparation, trial, and appeal. She is an experienced case manager who has directed the work of trial teams on some of the firm’s largest cases. Clare’s legal research and writing skills allow her to tackle the most difficult, and often novel, issues faced by the firm’s clients.
Before entering private practice, Clare served as judicial law clerk to the Hon. Nancy E. Rice of the Colorado Supreme Court. Through the clerkship Clare gained valuable research and writing experience as well as exposure to diverse areas of civil and criminal law.
Clare ranked fourth in her graduating class at the University of Colorado School of Law. In law school, she served as an articles editor for the Colorado Journal of International Environmental Law and Policy. She also won the Rothgerber Moot Court competition. She holds dual undergraduate degrees in political science and philosophy.
Clare is on the trial team for this case:
- In 2009, Reilly Pozner began representing multiple plaintiffs in highly complex litigation against several bank trustees and numerous other defendants, leading to significant recoveries through settlements and a jury verdict of $391 million against PNC Bank. The litigation arose out of a multi-state fraud scheme involving National Prearranged Services, Inc. (a Missouri-based preneed funeral contracts seller) and its two related insurance companies domiciled in Texas. RP was retained by 35 state life and health insurance guaranty associations, NOLHGA, and the Texas Special Deputy Receiver to seek recoveries from over 40 defendants, including multiple bank trustees, an accounting firm, and the former officers and directors of NPS and the insurance companies. Plaintiffs’ claims included negligence and breach of fiduciary duty against the bank trustees for allowing the preneed trust funds to be looted, accounting malpractice, and RICO (Racketeer Influenced and Corrupt Organizations Act) claims against the former officers and directors. RP negotiated settlements with most defendants before trial, resulting in large recoveries for the clients. A five-week trial was held in federal court in Missouri in early 2015, where RP attorneys secured a jury verdict of $391 million (including a punitive damages award) against PNC Bank.
- Reilly Pozner LLP is trial counsel to AIG and its insurance and broker-dealer subsidiaries in structured finance, intellectual property, and unfair competition litigation, and in arbitration proceedings before the Financial Industry Regulatory Authority. This representation includes protecting the rights of AIG as a certificate holder in connection with a proposed $8.5 billion settlement of RMBS claims against Bank of America.
- Defended development-stage technology company in New York State Court in contract dispute with investment bank over terms of engagement. Jefferies & Company, Inc. v. Ascent Solar Technologies, Inc., No. 652862/2011 (N.Y. Sup. Ct.).
“I like the fact that Reilly Pozner represents both plaintiffs and defendants. It keeps things interesting. Since we wear both hats, we are better able to anticipate and plan for arguments on both sides of a case. If we are representing plaintiffs, we can pretty well anticipate how the defendants are going to argue–and vice versa.”
- Complex Civil & Commercial Litigation
- Fiduciary Litigation
- J.D., University of Colorado School of Law
Graduated 4th in her class
Articles Editor, The Colorado Journal of International Environmental Law and Policy
- B.A., Bradley University
- Justice Nancy E. Rice, Colorado Supreme Court
Bar & Court Admissions
- U.S. District Court for the District of Colorado
- U.S. Court of Appeals for the Tenth Circuit
- President, Denver Bar Association
- Chair, Colorado Chapter of the American Academy of Matrimonial Lawyers
- Chair, Colorado Bar Association Family Law Section
- Chair, Colorado Lawyers Committee for Equal Justice
- Rising Star by Colorado Super Lawyers® (2013, 2014, 2015)
- Finalist, Law Week Colorado‘s Up and Coming Lawyers (2010)
- Denver Bar Association
- Colorado Bar Association
- Colorado Trial Lawyers Association
- Colorado Women’s Bar Association
Presentations & Publications
- “What Business Lawyers Do That Litigators Love,” Presentation to the Association of Corporate Counsel (2015)
- Panel Discussion: “What Business Lawyers Do That Litigators Love,” Business Law Institute (2015)
- $390 Million Verdict Against PNC Bank Announced in Pre-Arranged Funeral Services Case
- RP Case Discussed in St. Louis Business Journal Article Titled “PNC to Appeal $350.5 Million Order for Trustee Role in Prepaid Funeral Scam”
- RP Trial Verdict Discussed in ABC News Article Titled “Jury Awards $491M in Damages in Prearranged Funeral Case”
- RP Case Covered in ABA Journal Article Titled “Federal Jury Awards $491M in Trial Over Prepaid Funeral Scheme”
- RP Case Subject of St. Louis Business Journal Article Titled “$490 Million Judgment in Prearranged Funeral Civil Case”
- RP Case Discussed in Missouri Lawyers Weekly Article Titled “Jury Awards $490 Million Over NPS Scheme”
- RP Trial Team Interviewed in Law Week Colorado Article Titled “ All Work, A Play in NYC”
- RP Partner Dan Reilly Quoted in The Wall Street Journal Article Titled “BofA, AIG Battle Over Settlements”
- RP Case Featured in New York Times Article Titled “Who Has Your Back? Hard to Tell.”
- RP Partner Dan Reilly Quoted in Wall Street Journal Article Titled “AIG Tells BofA Settlement is ‘Inadequate'”
- RP Partner Clare Pennington Featured on the Cover of Law Week Colorado