Messner Reeves Medical Malpractice

Exceptional Counsel • Integrity • Accountability • Entrepreneurial Spirit

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MESSNER REEVES AT-A-GLANCE Top legal experts and business partners who bring a personalized focus and assertive action to your legal challenges with quality and efficiency at competitive rates.

Orange County • Silicon Valley • Las Vegas • Reno • Phoenix • Salt Lake City Denver • Greenwood Village • Colorado Springs • Cheyenne • New York City

What We Do We partner with clients to provide customized, comprehensive, and sophisticated legal services with constant focus and respect to their bottom line.

Peer-review rated by Martindale Hubbell Law Directory

Consistently recognized by The Best Lawyers in America ranking service

BTI Client Service All-Star

Recognized annually by independent research, peer nominations and peer evaluations

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Firm Leadership For more than 25 years, the attorneys at Messner Reeves have consistently provided top quality legal representation to a diverse clientele. With dedicated leadership, Messner Reeves has sealed its reputation as a one-stop shop for businesses of varying needs and size. Our attorneys provide world class service with a local law firm feel.

Caleb Meyer

David Reeves

Michelle Harden

Renee Finch

CEO, Managing Partner

Managing Partner

COO, Managing Partner

CSO, Managing Partner

Direct: 303.605.1574 Email: cmeyer@messner.com

Direct: 303.605.1562 Email: dreeves@messner.com

Direct: 303.405.4183 Email: mharden@messner.com

Office: 702.363.5100 Email: rfinch@messner.com

Industries Served Collectively, the talented attorneys at Messner Reeves represent some of the largest companies in the United States. Our practice areas include:

Intellectual Property

Restaurants & Hospitality

Professional Liability

Wills, Trusts & Estates

Corporate Structure & Transactions

Patent & Trademarks

Banking & Finance

Healthcare

Insurance Coverage & Litigation

Personal Injury

Transportation & Logistics

Real Estate

Employment Law

Sports & Entertainment

Cannabis

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PROVEN GUIDANCE FOR

COMPLEX LEGAL ISSUES At Messner Reeves, our core values drive our business.

We are energetic, available, accountable, and solution-oriented.

We work hard to earn the trust of our clients.

WHO WE ARE Messner Reeves is a full-service business law firm focused on providing legal services to a wide array of clients which include established Fortune 500 companies, emerging concepts, individual entrepreneurs, and executives across an extensive range of industries. Headquartered in Denver, Colorado with offices nationwide, our team of experienced attorneys aims to help our clients maximize their business potential in order to grow, strengthen, and maintain successful business enterprises across the nation.

With an impressive business acumen and extensive legal expertise, our team confronts complex challenges head on with assertive action to represent our clients’ best interests.

We work side by side with our clients and utilize our vast and multifaceted experience to deliver high quality legal representation.

Messner Reeves maintains the highest standards for integrity and accountability both on personal and professional levels for its attorneys, staff, and employees.

The driving force behind our success generally is an entrepreneurial spirit that is unmatched by other firms in the field. We believe in fostering and supporting our lawyers as they build a practice that affords them the opportunity to successfully serve our clients with strong and effective counsel. The result is a firm of highly motivated people who love what they do – helping our clients achieve their goals through the practice of law.

When Messner Reeves was founded over 25 years ago, our entrepreneurial spirit was born out of necessity. Now, we maintain that same spirit by choice.

OUR VALUES Exceptional Counsel • Integrity • Accountability • Entrepreneurial Spirit

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Culture & Diversity At Messner Reeves, we value each person for their unique perspective and background, embracing anyone who is willing to work hard. Diversity strengthens our firm and results in more innovative solutions for our clients. We have long recognized that attracting and promoting diverse attorneys through mentoring, business development training and client service opportunities creates a culture where all can flourish.

OUR PLEDGE TO DIVERSITY Messner Reeves participates annually in the Colorado Pledge to Diversity. While most law firms only provide internships to second-year law students, the Pledge to Diversity Program affords first-year law stu-

dents of diverse racial, gender and ethnic identifications the opportunity to participate in a paid summer internship with Messner Reeves.

As a result, Messner Reeves hires program participants annually.

OUR CULTURE With Messner Reeves, what you see is what you get.

We don’t rely on smoke and mirrors, or expensive artwork and granite countertops, to impress clients; rather, we have and always will focus on providing the highest quality legal work at a fair rate. Messner

Reeves was founded in 1995 by Bryant “Corky” Messner who had the

vision to create an entrepreneurial law firm that empowered attorneys to take control of their careers and become leaders in their communities. Unstuffy. Highly motivated. Focused on the client.

We believe that the driving force behind our culture is this entrepreneurial spirit, coupled with our business-friendly approach. From the

moment you step into any of our office locations, decorated with art-

work created by the children of our clients and employees, you realize we are not your typical law firm. You won’t find bureaucracy, politics, committees or unnecessary meetings in stuffy boardrooms. You will see a collaborative, energetic group of highly skilled professionals dressed comfortably and working hard to create common-sense

solutions to complex problems. Our culture allows our attorneys,

firm professionals and legal staff to stay on top of our clients’ needs

and provide them with the resources required to meet their business objectives.

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Midsize Mansfield Firm Messner Reeves Achieves Certification Recognizing Diversity, Equity, and Inclusion Efforts Messner Reeves is pleased to announce that the firm has successfully achieved the highest level of certification, Midsize Mansfield Certification Plus. This prestigious certification recognizes the firm's commitment to fostering diversity, equity, and inclusion within its leadership ranks.

As one of less than 80 law firms to attain Midsize Mansfield Certification Plus, Messner Reeves has demonstrated its dedication to tracking, measuring, and promoting diversity in leadership.

From September 2021 to March 2023, the firm completed an 18-month certification process, actively tracking detailed information and sharing it with Diversity Lab to achieve this milestone.

The Midsize Mansfield Certification was developed by Diversity Lab as an extension of the renowned Mansfield Rule, originally designed in 2017 for larger law firms. Tailored specifically for firms with fewer than 150 lawyers, the certification acknowledges midsize firms' unique challenges, including smaller footprints, less formal leadership structures, and limited hiring and selection opportunities. The certification criteria ensure that midsize firms have actively considered at least 30% representation of women lawyers, underrepresented racial and ethnic lawyers, LGBTQ+ lawyers, and lawyers with disabilities in leadership and governance roles, equity partner promotions, client pitches, lateral lawyer hiring, and more.

Messner is especially proud of achieving the Mansfield "Certification Plus," which is awarded to firms that have not only considered diversity in leadership but have achieved it.

About Messner Reeves Messner Reeves is a reputable Midsize Mansfield firm that delivers exceptional legal services to clients across various industries. With a strong commitment to diversity, equity, and inclusion, the firm strives to foster an inclusive, collaborative culture that empowers individuals and promotes professional growth.

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Practice Area

Medical Malpractice We have extensive experience representing healthcare professionals and the facilities where they provide care to patients. Our medical malpractice group is led by trial lawyers with vast expertise in defending providers in both federal and state jury trials, with unparalleled success. We understand the inner workings and challenges that both healthcare facilities and individual providers face including federal, state, and local laws and regulations specifically applicable to the healthcare industry. In addition, our medical malpractice group features several lawyers with admissions in multiple jurisdictions who are devoted to understanding and adapting to the nuances of each jurisdiction.

Our medical malpractice group is collaborative, and we draw upon the collective experience and wisdom of our trial lawyers to ensure strategic development of a vigorous defense.

Our healthcare clients vary in size and sector, including physicians of all specialties, nurses, mid-level care providers, mental health professionals, chiropractors, dentists, podiatrists, specialists, ambulatory surgery, and more. In addition to our significant experience defending providers in jury trials, we also represent them in licensing and disciplinary matters before the full range of federal and state regulatory agencies and in credentialling matters. Our medical malpractice lawyers have devoted their practices to providing excellent, thoughtful and skilled legal representation to healthcare providers, and we welcome the challenges that this practice area presents.

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Bruce A. Montoya Partner 6465 Greenwood Plaza Blvd, Suite 650 Greenwood Village, CO 80111 bmontoya@messner.com 303.405.4184 direct | 303.623.1800 main

Practice Areas • Commercial, Business & Medical Defense Litigation • Healthcare • Restaurant - Hospitality

Admissions • • • • •

Colorado U.S. Court of Appeals of the Second Circuit U.S. Court of Appeals of the Fifth Circuit U.S. Court of Appeals of the Tenth Circuit U.S. District Court of Colorado

• U.S. Supreme Court Education & Honors • •

University of Denver, J.D., 1984 University of Colorado, B.A., 1978

Associations • • • • • • • • •

American Bar Association American Board of Trial Advocates Colorado Bar Association Denver Bar Association Hispanic Bar Association International Academy of Trial Lawyers International Society of Barristers International Society of Defense Counsel National Health Care Lawyers Association

Bruce Montoya has been practicing and excelling as a trial attorney for 40 years. Focusing on high exposure, personal injury, commercial and class-action cases, Bruce joined Messner Reeves in 2005 and has spearheaded the growth and success of the Firm’s award-winning litigation practice. He has mentored countless attorneys in Colorado and beyond.

A voracious advocate of the jury trial system, Bruce is a member of many prestigious organizations where admission is limited to the most elite trial lawyers invited by their peers for inclusion.

Bruce was inducted into the International Society of Barristers (ISOB) in 2002 and has been active in this organization for over twenty years. A member of American Board of Trial Advocates (ABOTA) since 2006, Bruce served as President of the Colorado Chapter in 2017. Most recently, in 2022, Bruce was inducted into the International Academy of Trial Lawyers (IATL). IATL limits its membership to only 500 fellows from the U.S. and admissions from other countries worldwide at any one time. Members of IATL must engage in civil practice, representing both plaintiffs and defendants. Bruce embodies the qualities embraced by IATL: cultivate the science of jurisprudence, promote reforms in the law, facilitate the administration of justice, and elevate the standards of integrity, honor and courtesy.

Often recognized for his trial prowess, Bruce is also committed to service to the community. He has a heart for children and the underserved, and his dedication to not only identifying problems but creating solutions that change the dialogue, benefiting countless individuals. He has served on numerous boards, including serving for many years on the Board of Trustees for Mount Saint Vincent’s Children’s Home. Bruce volunteered with the ABA’s Post-Conviction Death Penalty Project, resulting in the commutation of a death sentence of a Texas inmate. He also cofounded the Colorado Hate Crimes Task Force which has become a national model for teaching middle and high school students through participation in a mock trial based on a fictional case arising from a violation of Colorado’s Hate/Bias-Motivated Crimes Statute. At the conclusion of the trial, small discussion groups of students act as jurors to discuss the issues presented and, with the assistance of an adult facilitator, reach a verdict.

The students become very engaged in discussing diversity in their community, and learn the value of preventing the spread of racial slurs and hateful actions.

Bruce was one of the first signatories to the Colorado Pledge to Diversity 1L Summer Program, providing diverse Colorado Law and Denver Law students with opportunities to work in paid 1L summer associate positions. He has been at the forefront of Messner Reeves’ diversity, equity and inclusion efforts, including membership and involvement in the Colorado Hispanic Bar Association, University of Denver Robert B. Yegge Diversity Scholarship Program, Sam Cary Bar Association, Colorado Women’s Bar Association, LGBT Bar Association, and Center for Legal Inclusiveness, amongst many other local, state and national associations.

Bruce is recognized on a perennial basis by many outstanding publications and has been inducted into invitation-only societies, including: Denver’s Top Lawyers: 2015-2023 America’s Most Honored Lawyers: 2014-2023 Thomson Reuters Super Lawyers: 2006-2023 (Business Litigation, Professional Liability, General Litigation) Thomson Reuters Super Lawyers Top 100: 2023 US News & World Report Best Lawyers: 2006-2023 (Medical Malpractice, Personal Injury Litigation) Inducted, International Association of Defense Counsel (IADC): 1997 Inducted, International Society of Barristers (ISOB): 2002 Inducted, American Board of Trial Advocacy (ABOTA): 2005 Inducted, International Academy of Trial Lawyers (IATL): 2022 Martindale Hubbell AV Preeminent Rated: 1990-2023

Community Involvement • Mr. Montoya served on the Board of Directors for Mount Saint Vincent Home, which has “cared for needy children and their families since 1883. It was founded by the Sisters of Charity of Leavenworth (Kansas) as an orphanage.”

• Mr. Montoya co-founded the Hate Violence Task Force, a program of the Colorado Lawyers Committee that produces over 100 mock trials a year in Colorado middle schools and high schools to educate the community about crimes related to race, gender, religion and ethnicity.

• Mr. Montoya has worked as a volunteer lawyer for the American Bar Association’s PostConviction Death Penalty Project.

Michelle L. Harden COO & Managing Partner 1550 Wewatta Street, Suite 710 Denver, CO 80202 mharden@messner.com 303.405.4183. direct 303.623.1800 main

Practice Areas • • • • • •

Crisis Management Healthcare Labor & Employment Litigation Retail, Restaurants & Hospitality Medical Malpractice Defense

Admissions • • •

Colorado U.S. Court of Appeals of the Tenth Circuit U.S. District Court of Colorado

Education & Honors • •

University of Colorado, J.D. 2005 Colorado Christian University, B.S. 2001, magna cum laude

Associations • • • • • • • • • • • •

American Bar Association Colorado Bar Association, Health Law and Litigation Sections American Health Lawyers Association International Association for Food Protection The Federalist Society National Retail and Restaurant Defense Association (NRRDA) CLM DRI CDLA Center for Legal Inclusiveness

Michelle Harden is COO and Managing Partner at Messner Reeves LLP. A former nurse, Michelle has extensive experience in defending catastrophic injury cases and multi-district, multiplaintiff personal injury cases. She has significantly focused her practice on representation of physicians and other health care professionals as well as healthcare entities. In addition to a very active litigation and trial practice, she frequently represents health care providers in matters involving the Colorado Medical Board, the Board of Nursing, and other credentialing entities, and represents these providers in administrative law hearings. Beyond litigation, she serves as a trusted advisor to many clients on a wide variety of topics and acts as general counsel to several entities. She has received numerous awards and recognitions, including 5280 Magazine Top Lawyers, Super Lawyers and US News & World Report Best Lawyers and was awarded the Colorado Trial Lawyers Association Professionalism Award in 2020 and was named a Notable Woman in Law by BizWest Colorado in 2021. Michelle has maintained the AV Preeminent Rating by Martindale Hubbell since 2014. She has served on various boards and is currently the President of the Zarlengo Foundation Board and a member of the Denver Broncos’ Javonte Williams Foundation Board.

Awards • Colorado Super Lawyers: Rising Star 2012, 2013, 2014, 2015, 2017, Super Lawyer 2018-2023 • 5280 Magazine Top Lawyers: 2016-2023 • US News & World Report Best Lawyers: 2022-2023 • Martindale Hubbell AV Preeminent Rating 2014-2023 • BizWest Colorado – Notable Women in Law 2021.

• CTLA Professionalism Award: 2020 • Best Lawyers in America: 2022, 2023

Douglas C. Wolanske Partner 1550 Wewatta Street, Suite 710 Denver, CO 80202 dwolanske@messner.com 303.454.2152 direct | 303.623.1800 main

Practice Areas • Litigation • Medical Malpractice • Professional Liability Admissions • • •

Colorado Connecticut New York

Education & Honors •

•

Syracuse University College of Law, J.D.1996 Magna Cum Laude University of Colorado at Boulder, 1993

Associations • • • • •

Denver Bar Association Colorado Bar Association American Bar Association Colorado Defense Lawyers Association Defense Research Association

Douglas Wolanske a distinguished trial lawyer with over 25 years of experience in the legal arena. With a focus on complex litigation, including medical negligence claims and professional liability defense, Mr. Wolanske has earned a stellar reputation for his unwavering commitment to his clients and exceptional courtroom advocacy. Based in New York and Colorado, he has successfully obtained over 50 jury verdicts, primarily in medical malpractice trials, solidifying his position as one of the foremost legal minds in the field.

Doug’s journey to legal excellence began at Syracuse University, where he graduated Magna Cum Laude from the College of Law in 1996. A member of the esteemed Justinian Honorary Law Society of Syracuse University, Doug exemplifies the highest legal scholarship and professionalism standards.

The legal community has recognized his exceptional talent and unwavering commitment to excellence. In 2011, he was elected to the prestigious American Board of Trial Advocates (ABOTA), an invitation-only organization consisting of lawyers who have successfully concluded a minimum of 20 civil jury trials. This honor reflects his dedication to preserving equal justice for all Americans and upholding the principles of our civil justice system.

In 2014, Law Week Colorado bestowed upon Doug the title of Colorado Lawyer of the Year, a testament to his successful defense of five different medical malpractice cases at trial. This distinction highlights his deep empathy and understanding of the potential impact that such cases can have on the careers and livelihoods of the medical professionals involved. He is known for his aggressive defense strategies, diligently protecting the interests of his clients with unwavering dedication.

Consistently recognized for his exceptional legal acumen, Mr. Wolanske has been named to 5280’s “Top Lawyers” list every year since its inception. Additionally, he has been identified as a Colorado Super Lawyer annually since 2010, solidifying his status as a leading legal professional.

Bio Continued Doug’s AV certification with Martindale-Hubbell is a testament to his legal expertise and unwavering professional ethics. This peer review rating, reflecting the confidential opinions of the Bar and Judiciary members, is the highest achievable rating for attorneys with over ten years of experience. He has maintained this prestigious certification for over two decades, further underscoring his dedication to providing exemplary legal representation.

Beyond his professional achievements, Doug cherishes his role as a husband to Physician Assistant Sherry Fushimi and as a devoted father to his two children, Brooklyn and Carston. This deep-rooted compassion and understanding of personal relationships translate into his legal practice, where he demonstrates unwavering support and care for his clients during challenging times.

Doug continues to expand his trial practice into various areas of litigation. Drawing from his vast experience in medical malpractice defense, he brings a unique skill set and perspective to the firm’s diverse range of legal matters. “Each case is an opportunity to make a difference. We take that responsibility seriously,” said Douglas Wolanske, a trial lawyer at Messner Reeves. “That’s the difference between victory or defeat – it’s about doing the work, putting in the time, and utilizing every available resource for our clients.”

Some of Doug’s notable victories include the following defense verdicts: • • • • • • •

a medical malpractice action where the Plaintiff demanded $11 million in damages. a claim for $5 million in punitive damages which was submitted to the jury a medical malpractice action involving complications during a breast augmentation a claim against an oral surgeon involving a plaintiff claiming disfigurement resulting from surgery a failure to diagnose case involving brain damage caused by a viral infection a medical malpractice involving a woman who suffered a heart attack and nerve damage alleged to have been caused by an epidural injection a claim for failure to diagnose early stage stroke symptoms where the plaintiff demanded over $6 million in damages

Awards • • •

US News & World Report Best Lawyers in America: 2022-2023 5280 – Top Lawyers of 2022 Rated by Super Lawyers - 2022

Community Involvement •

Mr. Wolanske serves on the Board of the Mountain Area Midget Football Association as Second Vice President and coaches his son’s football team.

Mark B. Collier Partner 6465 S Greenwood Plaza Blvd, Suite 650 Greenwood Village, CO 80111 mcollier@messner.com 303.405.4198 direct | 303.623.1800 main

Practice Areas • Healthcare • Litigation • Medical Malpractice Defense Admissions • • • • •

Colorado New York Wyoming U.S. Court of Appeals Of the Tenth Circuit U.S. District Court of Colorado

Education & Honors • •

Suffolk University Law School, J.D. George Washington University, B.S. Biology

Associations • • • • • • •

Colorado Bar Association Nebraska Bar Association American Bar Association The Society of Corporate Secretaries and Governance Professionals The National Mining Association The National Association of Corporate Directors

Mark’s litigation practice focuses on litigation counsel, advice, and risk management in medical, dental, and mental health care.

Mark represents practitioners and health-related entities in malpractice cases, and assisting professionals in front of licensing boards including the Colorado Medical Board, Board of Dental Examiners, Board of Nursing, and the mental health boards. In addition, Mark has represented clients with matters involving the Colorado Department of Public Health, Colorado Division of Civil Rights, and the Department of Health and Human Services (HIPAA complaints). Mark also assists clients with other care related matters and business concerns.

Mark has been asked to speak and write on issues regarding medical records, subpoenas, HIPAA, and other risk management topics. He brings a unique perspective in helping his clients to understand their complex legal situations.

Mark began his career representing patients in complex litigation, where he was involved in numerous high value jury trials and depositions. He leans upon that previous experience to give his clients an honest and straightforward evaluation of their case or issue, including the likelihood of outcomes and possible resolutions of the case to effectively represent his clients’interests.

Professional Experience • Fennemore Craig, P.C. 2014-2015 • Kennedy Childs P.C. 2008-2014 • Lubin & Meyer, P.C. 2005-2008

New York City Office 88 Pine Street, Suite 2450 New York, New York 10005 646.663.1860 Located in the world’s business and finance capital, our New York office serves local, national and international clients in all types of litigation and business transactions. Our litigation team represents clients in all business related matters including commercial contracts, corporate disputes, natural resources and energy, construction, real estate and insurance. While our attorneys practice in both state and federal courts and are experienced in jury and bench trials, we focus on developing the appropriate strategy to meet the client’s objectives and to make use of alternative dispute resolution procedures when appropriate.

Our corporate transaction and finance attorneys counsel clients throughout the evolution of a business- from entity formation and related start up activities to commercial contracts, mergers, acquisitions, recapitizations, reorganizations and investment exits. Additionally, the firm counsels clients with respect to its regulatory obligations under the federal securities laws, including investment adviser disclosure and compliance obligations under the Investment Advisers Act of 1940, public and private offerings and corporate governance.

Our New York attorneys draw from the breadth of our firm wide expertise in the areas of real estate, litigation, labor & employment and corporate transactions to deliver the comprehensive service our clients demand and deserve.

New York Practice Areas

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Katherine Otto Partner 1550 Wewatta Street, Suite 710 Denver, CO 80202 kotto@messner.com 646.595.1102 direct | 303.623.1800 main Practice Areas • Litigation • Medical Malpractice • Professional Liability Admissions • Colorado • New York • U.S. Department of Veterans Affairs Education & Honors • University of Denver College of Law (J.D. 2007) • University Of Northern Colorado (B.A. 2004) Awards • Super Lawyer Rising Star 2014 – 2018 • Super Lawyer 2020 – present • US News & World Report Best Lawyers in America: 2023-2024 • AV Preeminent 2018 – present

Katherine Otto is a highly accomplished trial lawyer who leads the defense of healthcare professionals in Colorado and New York.

With a practice primarily focused on professional malpractice litigation and defense of licensure before state licensing boards, Katherine has developed extensive experience representing healthcare professionals across multiple disciplines, including medical, chiropractic, dental, podiatry, mental health, and veterinary medicine. She is also skilled in defending attorneys in malpractice actions and grievances before the Office of Attorney Regulation.

In addition to her expertise in healthcare malpractice, Katherine also defends catastrophic personal injury litigation and has successfully handled FLSA claims in nationwide arbitrations. She has a proven track record of trying cases to jury verdict in both state and federal courts, demonstrating her deep knowledge and proficiency at all levels of litigation.

Beyond her litigation work, Katherine is passionate about teaching and mentoring. As a mentor at Messner Reeves, she guides and supports a team of associates in the Colorado and New York offices. She conducts in-house training sessions and is dedicated to the professional development of attorneys under her guidance. Her commitment to teaching extends beyond her firm, as she enjoys teaching continuing legal education seminars to her colleagues and providing risk management continuing education to her clients.

Katherine actively participates in several professional organizations, where she holds leadership positions and contributes to the legal community. Since 2018, she has been a member of the Medical Liability Committee for the Defense Research Institute (DRI) and was most recently the Program Chair for the Medical Liability and Healthcare annual conference in 2023.

She has also been involved with the Colorado Attorney Mentoring Program (CAMP) and Metro Volunteer Lawyers as a volunteer attorney. In addition, she is active with the New York State Medical Defense Bar organization and previously served for four years on the Board of Directors for the Colorado Defense Lawyers Association.

Bio Continued Dedicated to advancing inclusion and equity in the legal profession, Katherine focuses on empowering women, BIPOC, and LGBTQ+ individuals. She recognizes her own privilege as a white, cisgender woman and is committed to using it to uplift those who have had fewer opportunities. Katherine actively volunteers with Big Dogs Huge Paws, a non-profit dog rescue organization, where she fosters giant breeds and helps them find their forever homes. She also finds joy in training for and running half-marathons, showcasing her determination and discipline outside of her professional life.

Katherine’s journey to success has been shaped by her determination and recognition of the importance of using her privilege to help others. Coming from a modest background, she understands the challenges faced by those with limited opportunities in rural areas, which has fueled her passion for amplifying diverse voices and providing mentorship and support to aspiring lawyers.

Known for her selflessness, altruism, and dedication to others, Katherine builds strong communities within and outside of her professional sphere. She cultivates meaningful relationships within the legal community, actively engages with legal associations, and is recognized as a reliable team player with exceptional problem-solving skills and effective communication.

Through her exceptional legal skills, compassionate approach, and commitment to pro bono work, she consistently upholds justice and ensures equal access to legal representation for all. Katherine Otto’s journey and her ongoing contributions continue to inspire and drive meaningful change in the legal field.

Associations • • • • • • • • • • • • • • • •

Board of Directors, Communications Director, Colorado Defense Lawyers Association -2014 – Present American Bar Association – 2007 – Present Association of Healthcare Risk Management of New York, 2017 – Present Colorado Bar Association – 2007 – Present Defense Research Institute – 2015 – Present Denver Bar Association – 2007 – Present Medical Malpractice Committee, Vice-Chair, Colorado Defense Lawyers Association -2013-2014 Colorado Pledge to Diversity Committee – 2014 – 2017 Membership Committee Chair, Colorado Defense Lawyers Association – 2011-2014 Metro Volunteer Lawyers – 2009-2010 New York City Bar Association 2017 – Present New York State Medical Defense Bar Association 2017 – Present DRI, Women in the Law Committee – 2016 – Present DRI, Medical Liability and Healthcare Committee Defense Attorneys of New York, 2016 – Present Claims and Litigation Management Alliance, 2018 – Present

Publications and Speaking Engagements • •

Embracing Social Media Investigation: Five Steps to Optimize Admissibility at Trial, For the Defense, 05.2018 The Lack of Insurance Coverage and Reimbursement for Medical Marijuana, J. Zen Jackson and K. Otto, M.D. Advisor,10.18.2013

Community Involvement •

Ambassador, Project Angelheart (501(c)(3))- 2005 -Present

Professional Experience • •

Attorney, McElroy, Deutsch, Mulvaney & Carpenter, LLP 2008 – 2017 Judicial Clerk, Honorable Gerald J. Rafferty, Eighteenth Judicial District, State of Colorado, 2007 – 2008

Representative Experience • • • • • •

Foster et al. v. Structual Integrity Associates, Inc. et al., No. 12CA0402 (Colo. App. Div. 6 2013) (cert. denied) Alice Casias v. Interstate Brands Corp. and Ace American Ins. Co., W.C. No.4-740-818-02 (I.C.A.O. 2013) David Cortese v. Kaiser Space Products and Home Insurance Co. c/o Colorado Insurance Guaranty Association, W.C. No. 4-171-138 (I.C.A.O. 2010) Barnett v. Elite Prop. of America, Inc., 252 P.3d 14 (Colo. App. Div. 2 2010) (cert. denied) Clements DPM v. Davies DPM, 217 P.3d 912 (Colo. App. 2009) (cert. denied) Holly Hand v. Peterson Contractors Excavation, Inc. W.C. No. 4-392-766 (I.C.A.O. 2009)

Mikhail A. Shah Partner 733 3rd Avenue, Suite 1619 New York, NY 10017 mshah@messner.com 646.663.1856 direct | 646.663.1860 main

Practice Areas • • • • • •

Civil Litigation Commercial Litigation Corporate Healthcare Labor & Employment Litigation

Admissions • • • •

New York U.S. District Court, Northern District of New York U.S. District Court, Eastern District of New York U.S. District Court, Southern District of New York

Education & Honors • •

Albany Law School (J.D. 2013) George Mason University (B.S., Pre-medical 2009)

Associations • New York State Bar Association • Northern District of New York Federal Court Bar Association • Albany County Bar Association • Defense Research Institute

Mikhail A. Shah is a Partner in the New York office for Messner Reeves, LLP. As part of the Firms Litigation Practice Group, he represents clients in state and federal court litigation, where he focuses on the defense of healthcare professionals in medical malpractice cases, but also defends corporate and commercial clients in complex claims and lawsuits. Mr. Shah also devotes part of his practice to insurance defense, and counsels clients across various practice areas, including corporate, commercial, healthcare, labor and employment, and general liability.

Mr. Shah is an experienced litigator and has handled cases in all aspects of civil litigation, including trial to jury verdicts in both state and federal courts. Prior to joining Messner Reeves, LLP, he was an attorney with a law firm in upstate New York as part of their state and federal court litigation department. While there, he concentrated his practice in the prosecution and defense of personal injury matter in both federal and state court, as well as the representation of clients in corporate, commercial and construction matters.

Mr. Shah earned his Juris Doctorate from Albany Law School, where he served as the President and Director of the Albany Law School Pro Bono Society. During law school, Mr. Shah also clerked at two large international law firms, competed in the Karen C. McGovern Senior Prize Trials Competition, and served as a Judicial Intern for the Honorable Judge Mae A. D’Agostino at the United States District Court for the Northern District of New York. Prior to attending law school, Mr. Shah received his Bachelor of Science in biological sciences from George Mason University.

Community Involvement • Member, Board of Directors, The Legal Project – 20152018 • Mentor, Albany Law School Alumni Initiative in Mentoring Program • President and Director, Albany Law School Pro Bono Society – 2012-2013

Professional Experience • Girvin & Ferlazzo, P.C., Senior Associate, 2018-2019 • Tuczinski, Cavalier & Gilchrist, P.C., Associate, 2014-2018 • Hon. Judge Mae A. D’Agostino, U.S. District Court, Northern District of New York, Judicial Intern, 2013

Rachel E. Banks Associate 88 Pine Street, Suite 2450 New York, NY 10005 rbanks@messner.com 646.780.7382 direct | 646.663.1860 main

Practice Areas • • •

Appellate Criminal Defense Medical Malpractice

Admissions •

New York

Education & Honors • • •

University of Denver Sturm College of Law, J.D., 2018 Johns Hopkins University, M.S., 2014 University of Denver, B.A., 2012

Associations • National Association of Criminal Defense Lawyers

Rachel Banks is an associate in the firm’s Litigation group. Prior to joining the firm, Rachel worked as a public defender for five years at The Bronx Defenders. There, she represented over a thousand clients on issues ranging from traffic violations to serious violent felonies. She has successfully litigated numerous jury and bench trials, hearings, and has a wide variety of other litigation experience. At the firm Rachel works defending both criminal cases and licensed healthcare professionals in malpractice cases and disciplinary matters. The main focus in all of her work is providing the most robust Defense.

Rachel graduated from the University of Denver Sturm College of Law with both the Public Good Distinction and Order of Coif.

During her tenure at the University of Denver she served as a Teaching Assistant, Research Assistant, Board Member of the Chancellor Scholarship Board, and was a member of the Phi Delta Phi Legal Honor Society. While in law school, Rachel interned for the Colorado State Public Defender System, The Bronx Defenders, and Still She Rises – Tulsa. Rachel also participated in the Student Trial Lawyer Association as was awarded Best Advocate.

Prior to law school, Rachel was a Teach for America corps member and spent several years teaching Pre-Kindergarten in Baltimore City, where she simultaneously earned her Master’s in Science from Johns Hopkins University.

Rachel speaks three languages and in her free time she enjoys traveling, theater, and running.

Noteworthy • Chancellor Scholar at University of Denver Sturm College of Law 2015-2018

ERICA R. LERNER Associate 88 Pine Street, Suite 2450 New York, NY 10005 elerner@messner.com 646.595.1113 direct | 646.663.1860 main

Practice Areas • • • •

Appellate Criminal Defense Insurance Defense Litigation

Admissions •

New York

Education & Honors • •

Benjamin N. Cardozo School of Law J.D., 2020 Sarah Lawrence College, B.A., 2012

Associations •

New York City Bar Association

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New York Women’s Bar Association

Awards •

Nathaniel E. Gates Scholarship for Academic Excellence

Erica R. Lerner is an experienced civil litigator with a focus on tort litigation. With a career spanning over a decade, she began her legal journey in 2012 as a paralegal, accumulating valuable experience before attending law school. Erica has since established herself as a skilled civil litigator in New York State, handling a wide range of civil litigation matters. Her practice encompasses tort litigation, while also providing counsel on real estate, corporate, and commercial issues.

Erica obtained her Juris Doctor (J.D.) degree from Benjamin N. Cardozo Law School in 2020, building upon her strong foundation in legal knowledge and skills. Prior to her legal education, she completed her undergraduate studies at Sarah Lawrence College.

Additionally, Erica is fluent in Spanish and is a published translator.

Throughout her career, Erica has achieved noteworthy accomplishments and experiences. While in law school, she served as a summer clerk for Hon. Lisa A. Sokoloff in the New York Supreme Court, gaining valuable insights into the workings of the court system. She also interned in the Appeals Division of the New York City Law Department, contributing to the drafting of a Supreme Court brief for a significant Second Amendment case. Additionally, Erica worked as a Student Assistant District Attorney at the New York County District Attorney’s Office, further honing her skills in criminal law.

Erica Lerner is a seasoned civil litigator with a wealth of experience in New York State civil litigation. Her dedication to her clients, coupled with her comprehensive legal knowledge and diverse background, positions her as a trusted advocate.

Noteworthy • Assisted in drafting the City of New York’s brief in New York State Rifle & Pistol Association v. City of New York • Second-seated multiple felony trials while a Student ADA at the Manhattan DA’s Office • Litigated various insurance defense matters from inception to settlement

Professional Experience • Paralegal, 2012-2015, The Hoffinger Firm, PLLC • Paralegal, 2015-2017, Cohen Weiss & Simon LLP • Summer Clerk, 2018, Hon. Lisa A. Sokoloff of New York Supreme Court • Field Intern, 2019, New York City Law Department Appeals Division • Student Assistant District Attorney, 2019, New York County District Attorney’s Office • Associate, 2020-2021, Dennehy Law Firm • Associate, 2021-2022 Silverman Shin & Byrne PLLC

Practice Areas Messner Reeves has earned a distinguished reputation for offering effective legal counsel, quick response and the highest level of professional integrity in the following areas of practice:

Appellate

Banking & Financial Institutions

Corporate

Crisis Management

Entertainment & Sports Law

Civil Litigation

Intellectual Property

Healthcare

Labor & Employment

Liquor Licensing

Litigation

Real Estate

Retail, Restaurants & Hospitality

Corporate Tax

Workers’ Compensation

Complex Commercial Litigation

Medical Malpractice Defense

Wills, Trusts, Estate & Probate

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Local Lawyers with a National Presence Messner Reeves attorneys collaborate and draw upon the firm's national resources to offer exceptional localized legal services, and have earned a distinguished reputation for offering effective legal counsel with the highest level of professional integrity.

OUR FIRM 147 TOTAL ATTORNEYS NATIONWIDE 306 TOTAL EMPLOYEES NATIONWIDE *Messner Reeves numbers updated as of March 2023 LISCENSED messner.com

ADMITTED TO PRACTICE IN 25 STATES ADMITTED TO PRACTICE IN 18 FEDERAL COURT DISTRICTS

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