Thomas P. McMahon

Thomas P. McMahon

Attorney
Location:
Denver, Colorado
Phone:
303-732-6531
877-598-6981 (Toll Free)
Fax:
303-573-8133
Email:

Tom is dedicated to making the world safe for competition, one client and case at a time. His practice is concentrated in the areas of antitrust litigation and counseling; health care, class action and other types of complex commercial litigation; and consulting and providing expert testimony with respect to attorneys fees. He has won multi million dollar lawsuits for plaintiffs and defendants at the trial and highest appellate levels of the federal and state judicial and administrative systems in Colorado and elsewhere around the country.

Tom has successfully handled virtually all types of competition-related issues under federal and state antitrust laws, including before the U.S. Supreme Court. He has extensive experience representing and advising physicians, medical groups and other health care entities regarding antitrust, competition, licensing, discipline, and privileging matters in federal, state and internal judicial and administrative proceedings. He also serves as lead, local and antitrust counsel in national, regional and state class action-type lawsuits. In other complex litigation, his experience encompasses matters as diverse as Constitutional rights under the federal Civil Rights Act; personal privacy under the federal Drivers Privacy Protection Act; government payments under the federal False Claims Act; counterfeit trade goods under the federal Lanham Act; joint operating agreements under the federal Newspaper Preservation Act; securities fraud under the 1933 and 1934 federal Securities Acts; and computer software under the Uniform Trade Secrets Act.

Tom continues to be available to represent individuals and business entities in trials and appeals in federal and state courts, before federal and state administrative tribunals and regulatory agencies, and in mediations and arbitrations.

Areas of Practice

  • Antitrust
  • Complex Litigation
  • Health Care
  • Commercial Litigation
  • Appellate Practice

Litigation Percentage

  • 95% of Practice Devoted to Litigation

Bar Admissions

  • Michigan, 1971
  • Colorado, 1976
  • U.S. District Court District of Colorado, 1976
  • U.S. District Court Eastern District of Michigan, 1971
  • U.S. District Court Northern District of California, 1988
  • U.S. Court of Appeals 9th Circuit, 2001
  • U.S. Court of Appeals 10th Circuit, 1980
  • U. S. Court of Military Appeals, 1972
  • U.S. Supreme Court, 1981
  • U.S. Court of Appeals for the Armed Forces, 1972

Education

  • The University of Michigan Law School, Ann Arbor, Michigan
    • J.D. cum laude - December, 1970
    • Honors: Order of the Coif
    • Honors: Weymouth Kirkland Foundation Scholarship, 1968-1970
    • Honors: University of Michigan Law School Scholarship, 1968-1970
    • Honors: Individual Case Club (Moot Court) Winner
    • Honors: Individual Case Club (Moot Court) Junior Clerk
    • Honors: Individual Case Club (Moot Court) Visiting Senior Judge
    • Honors: Barristers Society (Fraternal Organization)
    • Honors: Intramural Athletics
    • Law Review: Michigan Law Review, Note and Comment Editor
  • Michigan State University, East Lansing, Michigan
    • B.A. - 1968
    • Honors: MSU Honors College, 1965-1968
    • Honors: With High Honor
    • Honors: MSU Merit Scholarship, 1964-1968
    • Honors: AFROTC Scholarship, 1966-1968
    • Honors: National Merit Scholarship Finalist
    • Honors: Resident Assistant (Dormitory Advisor), 1965-67
    • Honors: Phi Eta Sigma (Freshman Honorary Society)
    • Honors: Intramural Athletics
    • Major: Political Science
  • National Health Lawyers Association, Antiturst in the Health Care Field - 1990
  • Antitrust Policy Institute, The Antitrust Alternative - 1987

Published Works

  • "Physician-Controlled Network Joint Ventures: Antitrust Considerations", 24 The Colorado Lawyer 1551, 1995
  • "The 1992 Colorado Antitrust Act: Per Se Bidrigging and Key Issues", 22 The Colorado Lawyer 2229, 1993
  • "Antitrust in the 1990s Part II: Who Needs An Antitrust Compliance Program Anyway", Pendleton & Sabian, P.C., Legal Briefs, Apr., 1990
  • "Antitrust in the 1990s - Back to the Future or Forward to the Past", Pendleton & Sabian, P.C., Legal Briefs, Jan., 1990
  • Point/Counterpoint, "New Antitrust Protection: Pro-Measures Protect Retail Competition", The Denver Post, March 22, 1988
  • "Colorado Antitrust Law Seven Years Later", 13 The Colorado Lawyer 1808, 1984
  • "Antitrust and Due Process: State Regulation of Occupation Licensing", Swords and Shields: An An Handbook for Municipal and Cooperative Utilities, 1984
  • "Colorado Antitrust Law Seven Years Later: Back on Course and Two-Thirds of the Way to the Big-Time", National Association of Attorneys General ("NAAG") Antitrust & Commerce Report, June, 1984
  • "Recent Significant Developments in 'State Action' and Noerr-Pennington Exemptions: From Boulder to the 'Sham' Exception", 14 U. Tol. L. Rev. 531, 1983
  • "City of Boulder Revisited", NAAG Antitrust Report, October, 1982
  • "An Antitrust Enforcement Reply to the So-Called 'Need' for Contribution Legislation", NAAG Antitrust Report, April, 1982
  • "Recent Federal Litigation Relating to Customer-Bank Communication Terminals ('CBCTs') and The McF Act", 32 The Business Lawyer 1657, 1977
  • "Off-Premises Customer-Bank Communication Terminals: New Growth on the Old 'Branch' Doctrine", 6 The Colorado Lawyer 25, 1977

Representative Cases

Representative Clients

  • Aspen Sports, Inc., d/b/a Base Mountain Sports
  • Auraria Student Housing at the Regency
  • BEAL Corp., f/k/a Beacon Laboratories, Inc.
  • The Boulder Bump Shop, Inc.
  • Central Reservations Association of Mountain Resorts
  • Clalite, Inc.
  • Colorado Access Medicaid Plan
  • Colorado Health Financing Authority
  • Colorado Ophthalmological Society
  • Dain Bosworth, Inc.
  • Jetstream Systems, Inc.
  • Mesa County Physicians Independent Practice Association, Inc.
  • Natural Balance, Inc. d/b/a/ PEP Products, Inc.
  • Paladin Associates/Inc.
  • Primera Healthcare, LLC
  • Rhodia, S.A.
  • Rhone-Poulenc, Inc.
  • Rockwell International Corp.
  • Rocky Mountain Paint & Body, Inc.
  • Snowmass Resort Association, Inc.
  • Tri-State Generation & Transmission Association, Inc.

Classes/Seminars

  • "FTC Actions Involving Health Care Providers and Negotiating Health Insurance Contracts", Lorman Education Services, Health Insurance Basics, 2003
  • "An Overview of the Antitrust Laws", CAMAS Inc., 1997
  • "The Role of Private Antitrust Counsel in Private Health Care Antitrust Enforcement", Federal Trade Commission, Antitrust Health Care Conference, 1996
  • " 'Predatory' Pricing: What is it in Theory, Does it Really Exist, and Can it be Proven?", Colorado Bar Association, Antitrust Subsection, 1996
  • "Surfing the Information Super Highway Without Drowning: Licensing, Protection and Antitrust Issues in Today's High Technology Markets", Colorado Bar Association, Antitrust Subsection/Patent, Trademark & Copyright Section/Technology and this Law Committee, 1995
  • "Defending a State Criminal Antitrust Investigation and Prosecution - A Defense Perspective", American Bar Association, Antitrust Law Section 43rd Annual Spring Meeting, State Antitrust Enforcement Committee, 1995
  • "Establishing the Relevant Market Through Expert Economic Testimony", Colorado Bar Association, Antitrust Subsection, Practical Pointers in Trying an Antitrust Case, 1994
  • "Proving Relevant Market to a Jury in a Rule of Reason Case", American Bar Association, Antitrust Law Section 42nd Annual Spring Meeting, Trial Demonstration, 1994
  • "The Antitrust Laws and Bidrigging", Colorado Department of Transportation, U.S. DOT Inspector General's National Bidrigging Detection Seminar, 1993
  • "The Colorado Antitrust Act of 1992, Price Fixing and Bidrigging - What Every County Attorney Should Know", Colorado County Attorneys' Association, 1993 Winter Seminar, 1993
  • Panel Member, "Antitrust Enforcement Under the Clinton Justice Department", Colorado Bar Association, Antitrust Subsection, 1993
  • "Antitrust Issues in Health Care", Colorado Ophthalmological Society, Managed Care Seminar, 1993
  • "The New' Colorado Antitrust Act of 1992' - An Overview of What Every Business Lawyer Should Know", Continuing Legal Education in Colorado, Inc., Business Law Symposium, 1993
  • The New "Colorado Antitrust Act of 1992" - What Every Judge, Business Lawyer, Corporate Counsel and Litigator Should Know, "An Overview of Significant Provisions", Continuing Legal Education in Colorado, Inc., 1993
  • "The Lawyer as an Antitrust Defendant", Continuing Legal Education in Colorado, Inc., Lurking Liability in Business Practice, 1992
  • "The New 'Colorado Antitrust Act of 1992' - An Overview of What Every Business Lawyer Should Know", Colorado Bar Association, Business Law Section, 1992
  • "The New 'Colorado Antitrust Act of 1992' - Three Crucial Enhancements", Colorado Bar Association, Antitrust Subsection, 1992
  • "Securities Fraud Litigation Arising Out of Colorado Special District Bond Defaults", Colorado Bar Association, Securities Subsection, 1991
  • "Resale Price Maintenance Revisited" - Moderator, Colorado Bar Association, Antitrust Subsection, 1991
  • "Report on Colorado v. Colorado Union of Physicians and Surgeons", American Bar Association, Antitrust Section, Labor Committee, 1991
  • "The 'Ten Commandments' of Antitrust Law", Central Reservations Association of Mountain Resorts, 1991
  • "Update on In re Insurance Industry Antitrust Litigation", Colorado Bar Association, Antitrust Subsection, 1990
  • "Collusion in Bidding - Breeding Grounds, Detection and Prevention", Colorado State Purchasing Officials, 1989
  • "Unfair Competition - Selling Below Cost and Price Discrimination", Colorado Bar Association, Antitrust Subsection, 1989
  • "Antitrust in the 90s: Basics and Beyond II - Defenses, Exemptions and Tying Arrangements", National Association of Attorneys General, State Antitrust Enforcement Conference, 1989
  • "The Rise of State Law Enforcement Actions and the Civil Investigation", Continuing Legal Education in Colorado, Inc., Colorado Antitrust and the Health Care Field, 1989
  • "Avoiding Litigation Pitfalls in Discovery", National Association of Attorneys General, Civil RICO Western Regional Conference, 1989
  • "Vertical Restraints/Dealer Terminations", Colorado Bar Association Antitrust Subsection, 1988
  • "Investigation and Litigation of Highway Bidrigging Cases", Pacific Northwest Attorneys General, 1988
  • "State and Federal Enforcement Trends", Continuing Education Services, Antitrust for the Business Counselor: Prevention Strategies and Risk Analysis, 1988
  • "Swords and Shields (II)", American Public Power Association, 1985
  • "Swords and Shields", Tennessee Valley Authority Public Power Association, 1984
  • "Antitrust and Procurement", Colorado School Food Service Directors, 1984
  • "National Institute on Antitrust and Local Governments", American Bar Association, Local Government Section, 1983
  • "Antitrust and Buyers' Rights", U.S. Department of Agriculture, Food and Nutrition Service, Mountain Plains Food Procurement and Merchandising Conference, 1983
  • "Antitrust Concerns for State and Local Governmental Agencies and Subdivisions", Colorado Special District Association, 1983
  • "Antitrust Defenses - State Action 'Immunity' and the Noerr-Pennington 'Exemption'", Ohio State Bar Association, 1982 Antitrust Institute, 1982
  • "State Action Immunity and Subordinate Governmental Entities", National Conference of State Legislatures, 1982
  • "Colorado Attorney General Enforcement of State and Federal Antitrust Laws in the Ski Industry", Colorado Ski Country USA, 1982
  • "Colorado Attorney General Enforcement of State and Federal Antitrust Laws in the Resort Industry", Central Reservations Association of Mountain Resorts, 1981
  • "Colorado Attorney General Enforcement of State and Federal Antitrust Laws", El Paso County Bar Association, 1981
  • "Colorado Attorney General Enforcement of State and Federal Antitrust Laws", Mesa County Bar Association, 1981

Honors and Awards

  • Who's Who in American Law (7th Ed)
  • Who's Who in the West (20th Ed)

Professional Associations and Memberships

  • Colorado Bar Association, Antitrust Subsection, Business Law Section, Chairman, 1991 - 1993
  • Colorado Bar Association, Antitrust Subsection, Business Law Section, Member, 1990 - Present
  • American Bar Association, Antitrust Law Section, Vice-Chair, State Antitrust Enforcement Committee, 1992 - 1995
  • National Association of Attorneys General Antitrust Multi-State Task Force, Vice-Chair, Policy/Publications, 1988 - 1989
  • National Association of Attorneys General Antitrust Multi-State Task Force, Member, 1981 - 1989
  • Bid Analysis and Management System ("BAMS") Users Contract Monitoring Technical Advisory Group, American Association of State Highway and Transportation Officials, Member, 1987 - 1989
  • American Bar Association, Antitrust Law Section, Member, 1990 - Present
  • American Association of State Highway and Transportation Officials, 1987 - 1989

Past Employment Positions

  • Musgrave & Theis, P.C., Counsel, 1993 - 1996
  • Williams, Youle & Koenigs, P.C., Of Counsel, 1992 - 1993
  • Pendleton & Sabian, P.C., Special Counsel, 1989 - 1992
  • Colorado Attorney General's Office, Chief, Antitrust Unit, 1981 - 1989
  • Davis, Graham & Stubbs, Associate, 1976 - 1978
  • JAG Corps, USAF, Captain, 1971 - 1975

Fraternities/Sororities

  • Phi Eta Sigma