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Experience

At Spencer Fane, we take pride in our ability to work in partnership with our clients to achieve their goals. Our client engagement philosophy highlights three critical steps: We identify achievable goals. We work to find the best strategy for achieving those goals. We implement powerful legal strategy in a skillful, aggressive and cost-effective manner. We believe our success is measured by our results.

Representative Cases

  • Oyens Feed & Supply, Inc. v Primebank, 879 N.W.2d 853 (Iowa 2016)
  • In re Crooked Creek Corp.; Crooked Creek Corp. v. Primebank, 427 B.R. 500 (Bankr. N.D. IA. 2010)
  • In the Matter of Damrow Cattle Company, Inc.; Stumpf v. Double S. Land & Cattle Co., LLC and the First National Bank of Omaha, 2008 Bankr. LEXIS 1243; 65 U.C.C. Rep. Serv. 2d (Challaghan) 497
  • Ranchers Cattlemen Action Legal Fund United Stockgrowers of America v. United States Department of Agriculture, 415 F.3d 1078 (9th Cir. 2005)
  • In re Big Mac Marine; Needler v. Rendlen, 326 B.R. 150 (B.A.P. 8th Cir. 2005)
  • Commodity Futures Trading Commission v. Delay, 2005 U.S. Dist. LEXIS 25280
  • Big Mac Marine, Inc. v. Jensen, 305 B.R. 309 (D. Neb. 2004)
  • In the Matter of Damrow Cattle Co., Inc.; Skane, Inc. v. First National Bank of Omaha, 300 B.R. 479 (Bankr. D. Neb. 2003)
  • Cooperative Finance Association v. B&J Cattle Company, 937 P.2d 915 (Colo. App. 1997)
  • Spencer Investments, Inc. v. Bohn, 923 P.2d 140 (Colo. App. 1995)
  • In re Harris, 166 B.R. 163 (Bkrcy. D. Colo. 1994)
  • In re Kaiser Steel, 87 B.R. 662 (Bkrcy. D. Colo. 1988)
  • In re Clark, 82 B.R. 131 (Bkrcy. D. Colo. 1987)

Representative Transactions

  • Represent lender in connection with documenting a $63,300,000 loan secured by farm assets
  • Represent lender in connection with documenting a $26,000,000 loan secured by ranches in three states and livestock
  • Represent lender in connection with documenting a $13,750,000 loan secured by farm land and agricultural products
  • Represent lender in connection with documenting a $27,750,000 construction loan secured by a branded hotel property
  • Represent lender in connection with documenting a $21,372,000 loan secured by a dairy facility and livestock
  • Represent lender in connection with $6,217,500 loan secured by commercial office building
  • Represent lender in connection with documenting a $7,900,000 loan secured by a multifamily housing facility
  • Represent Lender in connection with documenting a $33,000,000 loan secured by feeder cattle
  • Represent Lender in connection with documenting a $37,800,000 loan secured by commercial office buildings
  • Represent lender in connection with documenting a $35,000,000 line of credit loan secured by feeder cattle
  • Represent lender in connection with $19,672,000 dairy facility and livestock loan
  • Represent lender in connection with $29,300,000 loan to acquire multi-family housing project
  • Represent lender in connection with refinancing of $11,500,000 line of credit secured by livestock
  • Represent financial institution in connection with lease and purchase option of a building
  • Represent cooperative in connection with $182,500,000 loan secured by agricultural commodities and facilities
  • Represent lender in connection with $19,000,000 loan secured by a dairy facility and livestock
  • Represent seller in connection with the sale of a commercial feedlot, related farm land, equipment and livestock
  • Represent lender in connection with $25,000,000 livestock facility loan
  • Represent lender in connection with a $25,800,000 line of credit to a medical company
  • Represent lender-lessor in connection with a loan to school district to acquire school busses
  • Represent lender-lessor in connection with real estate loan to municipality to construct a library
  • Represent lender-lessor in connection to with a loan to a Fire District to acquire fire engines and related equipment
  • Represent lender-lessor in connection with a loan to a university to construct a laboratory building
  • Represent lender in connection with documenting a $25,000,000 loan secured by livestock inventory
  • Represent a lender in connection with $25,500,000 loan to a private equity fund to complete a business acquisition
  • Represent a lender in connection with the sale of a bank-owned swine facility
  • Represent lead lender in connection with a $19,325,000 participated loan secured by a dairy facility, livestock and feed
  • Represent lender in connection with a $16,960,000 construction loan secured by a multifamily apartment complex
  • Represent lender in connection with $19,077,000 dairy financing
  • Represent seller in connection with $20,000,000 sale of 300,000 deeded, BLM and Forest Service acres in three counties in Nevada
  • Represent purchaser in connection with $21,000,000 feedlot and farmland purchase in Nebraska
  • Represent lender in connection with $14,000,000 swine facility loan in Wyoming
  • Represent lender in connection with $22,000,000 swine facility loan in Colorado
  • Represent lender in connection with $4,400,000 swine facility loan in Nebraska
  • Represent lender in connection with $12,900,000 swine facility loan in Minnesota and Nebraska
  • Represent issuer of Letter of Credit in connection with $10,000,000 agricultural development bonds for a swine production facility in Colorado
  • Represent seller in connection with $7,500,000 sale of Nebraska ranch
  • Represent lender in connection with $16,500,000 poultry financing in Utah
  • Represent dairy partnership in connection with reconstitution of partnership
  • Represent lender in connection with $18,180,000 swine facility loan in Colorado
  • Represent lender in connection with $6,700,000 hi tech company financing
  • Represent issuer of $12,000,000 letter of credit securitizing agricultural development revenue bonds
  • Represent lender in connection with $8,000,000 office building financing in Boulder County, Colorado
  • Represent lender in connection with $11,835,000 swine facility loan
  • Represent lender in connection with $3,900,000 public grain warehouse loan
  • Represent lender in connection with $20,123,000 livestock production facility loan in Colorado
  • Represent lender in connection with $8,500,000 office building in City and County of Denver
  • Represent lender in connection with $10,000,000 swine facility loan in Colorado and South Dakota
  • Represent lender in connection with $12,500,000 swine facility loan in Colorado and South Dakota
  • Represent lender in connection with $9,000,000 swine facility loan in Colorado
  • Represent lender in connection with making $11,000,000 residential real estate development
  • Represent lender in connection with the construction financing of a public library in Colorado
  • Represent seller of a livestock service company to a publicly held purchaser
  • Represent purchaser in connection with the purchase of farm service company in Georgia
  • Represent purchaser in connection with the purchase of farm service company in California
  • Represent purchaser in connection with the purchase of farm service company in Florida
  • Represent financial institution in connection with the purchase of a Kansas bank
  • Represent lender in connection with $4,000,000 line of credit secured by motor vehicles
  • Due diligence counsel for buyer in connection with $800,000,000 purchase of a beef packer
  • Represent seller in connection with a $42,000,000 livestock supply contract
  • Represent purchaser in connection with the purchase of a poultry supply business located in numerous states in the southeastern United States and Caribbean Islands
  • Represent lender in connection with the sale of $11,000,000 loan secured by a real estate development
  • Chairman of Official Unsecured Creditors Committee in a livestock production facility Chapter 11 in Nebraska
  • Represent lender in connection with $23,000,000 public grain elevator revolving line of credit in Colorado
  • Represent lender in connection with $17,000,000 livestock production facility loan in Colorado
  • Represent lender in connection with the sale of a $6,000,000 real estate development loan
  • Represent lender in connection with a $30,000,000 loan to a grocery store chain with stores in six states
  • Represent lender in connection with $20,000,000 loan secured by a private university dormitory
  • Represent lender in connection with the lease purchase of a fire engine and firefighting equipment to a Colorado municipality
  • Represent lender in connection with $14,000,000 loan to a Colorado and Wyoming dairy
  • Represent lender in connection with the foreclosure of a two-state grocery store chain
  • Represent lender in connection with $8,000,000 line of credit to a multi-location farm implement dealership
  • Represent lender in connection with line of credit and facility lending on a grain handling and export facility in Missouri
  • Represent lender in connection with $8,000,000 dairy loan in Utah
  • Represent livestock producers in connection with CFTC investigation
  • Represent lender in connection with defense of preference avoidance action concerning a livestock line of credit
  • Represent numerous lenders in connection with numerous lines of credit transactions secured by livestock in over 20 states
  • Represent numerous sellers in connection with numerous transactions involving the sales of shares in privately owned financial institutions
  • Represent numerous lessors in connection with numerous lease transactions involving farms, livestock production facilities, and commercial properties
  • Represent numerous sellers in connection with numerous transactions involving the sales of shares in privately owned farm and livestock businesses
  • Represent numerous shareholders in connection with the sales or reorganizations of farm and livestock entity reorganizations and reconstitutions
  • Represent lead lenders in connection with numerous dairy, swine, beef cattle and farm financings in Colorado, Texas, Nebraska, Idaho, Iowa, Kansas, Utah, California, Wyoming, Ohio, Indiana and Arizona
  • Represent lenders in numerous commercial and agricultural foreclosures of office buildings, industrial developments, golf courses, recreational facilities, farms, ranches, dairies and livestock production facilities in numerous states
  • Represent numerous lessors in connection with numerous lease-purchase transactions of livestock production facilities
  • Represent numerous lenders in connection with the sales of over 100 foreclosed commercial, farm, ranch and livestock production facility properties
  • Represent numerous financial institutions in connection with numerous fraud investigations and fidelity claims
  • Represent numerous lenders in connection with numerous Chapter 11, Chapter 12 and Chapter 7 cases in numerous states
  • Represent lenders in connection with over 100 commercial foreclosures and receiverships in all regions of the United States
  • Represent lead lender in connection with documenting a $12,800,000 participated loan secured by farm land
  • Represent lender in connection with documenting a $16,600,000 loan secured by farm land
  • Represent lender in connection with documenting a $21,000,000 working capital revolving line of credit secured by inventory and accounts
  • Represent lender in connection with documenting a $17,000,000 dairy facility loan

Additional representative experience

  • Successfully represented pharmaceutical companies in multiple Multi-District Litigation matters, including those for Rezulin® and PPA.
  • Served as plaintiff’s counsel in a matter resulting in collections of more than $1.4 billion.
  • Cornman Tweedy 560 L.L.C. v City of Casa Grande, 213, Ariz. 1, 137 P.3d 309 (App. 2006).
  • T-Mobile West Corp., v. Crow, 2009 WL 5128562 (D. Ariz. 2009)
  • Kobar v. Novartis Corp., 378 F. Supp 2d 1166 (D. Ariz. 2005)
  • Manistee Town Center v. City of Glendale, 227 F.3d 1090 (9th Cir. 2000)

Trade Associations

Mike represents a wide variety of trade associations and other nonprofit entities and routinely advises such clients with respect to the formation and governance of these entities, tax exemptions and other tax issues such as unrelated business income, antitrust and trade regulation issues, hotel and convention center agreements, membership issues including member discipline and codes of ethics, and certification programs. Mike is a frequent lecturer and author on trade association issues and has served as a director of the Kansas City Society of Association Executives. In 1998, Mike received the Allied Member Award of Excellence from the Kansas City Society of Association Executives in recognition of his service to the trade association community.

Trust Beneficiary’s Rights Protected

Spencer Fane forces trustee to abide by his fiduciary duties.

UCC Strict Foreclosure

Our client held over $1 million in secured debt, but it was subordinated to several million dollars of senior secured debt that was in default. The senior lender had started a replevin action to repossess the debtor’s business collateral.

Unfair Business Practices


  • Defended an automobile-racing sanctioning body against antitrust claims by a race car manufacturer. Obtained a favorable settlement before trial.

  • Represented a Fortune 500 financial services company in a dispute over an employment agreement. Persuaded a federal court of appeals to enforce restrictive covenants in the employment agreement in a new, beneficial way.

  • Represented a Fortune 500 financial services company in a dispute over a franchise agreement. Developed the strategy that persuaded a federal court of appeals to protect the company against unfair competition by the franchisee.

Teacher Discipline/Termination

Although many teachers have a legal interest in continued employment, schools and parents have clear interests in the protection and education of students. If a teacher fails or refuses to fulfill teaching responsibilities, there must be consequences. Therefore, Spencer Fane’s Education Law attorneys help school districts take appropriate remedial measures within constitutional bounds. We assist in the informal discipline of a teacher, a formal termination or non-renewal of a teacher, or the revocation of a teacher’s certificate.

Vendor Contracts

Often, providers of services or products tender form contracts to school officials with pages of “legalese” and small print. While expert legal review of all such contracts may not always be necessary, our attorneys have experience protecting schools’ interests when significant contractual issues arise. Therefore, even language proposed by a trusted provider may place the school district at a significant disadvantage should a dispute arise. Our attorneys recommend or negotiate changes with the district’s interests in mind.

Traditional Labor

For more than sixty years, Spencer Fane has had an extensive practice in the traditional area of labor management. Our firm’s traditional labor practice includes representation of several clients on a national basis in the defense, retailing, transportation, and construction industries, and several Fortune 500 companies with major facilities in the Midwest.

Multi-employer Negotiations and Contract Administration: Our Group has substantial experience representing multiemployer bargaining groups in the construction, trucking, supply and distribution industries, including administration of the contract, arbitrations, and counseling with respect to conflicts between collective bargaining agreement provisions and the requirements of federal, state, and local laws governing employment. Representation in these areas has given rise to cases before the National Labor Relations Board concerning the rights of multi-employer bargaining groups to take economic action in bargaining and cases seeking injunctions regulating work stoppages, picketing or strike violence.

National Labor Relations Act Practice: Our Group has represented employers from virtually all industry groups before the National Labor Relations Board, including matters involving jurisdictional disputes, unfair labor practice charges against employers and unions, and representation cases involving major bargaining units in the health care, manufacturing, retail, distribution, transportation, and construction industries.

Representational Campaigns: Our Group has represented employers in union election campaigns throughout the Midwest involving industries from bookbinding to light manufacturing to public utilities to health care. The units have ranged in size from a handful of employees to thousands. This representation not only involves determining the appropriate bargaining unit and eligible voters, but counseling and advising employers concerning the legal aspects of employer communications during the campaign and counseling employers concerning the potential effect of certain employer activities during the election process. Our handling of decertification petitions, and counseling employers concerning the employer’s posture during the decertification process, has increased in recent years. The firm’s heavy involvement in public employee labor relations has led to numerous appearances before state boards of mediation concerning public employer unit representation issues, public employer “bargaining,” and the rights of public employers under the various federal and state laws regulating their activities.

Facility Closures: We have advised clients in a variety of industries regarding the issues which arise in closing a facility. These include issues under the WARN Act, including the preparation and serving of appropriate WARN notices. For unionized facilities, we have advised clients as to whether the decision to close is a mandatory subject of bargaining under the National Labor Relations Act and have represented them in any required bargaining over the decision or its effects. We have assisted clients in developing appropriate communications to employees, customers, and the public regarding the closure. We have also developed, and if necessary negotiated, various forms of “stay plans” designed to create incentives for employees to remain on the job until the last day they are needed.

Grievance Negotiation, Mediation and Arbitration: Spencer Fane lawyers represent management in dozens of contract grievance and arbitration proceedings each year. We develop a close working relationship with our clients’ management teams to facilitate efficient preparation of cases for hearings. Spencer Fane also maintains a log of all our firm’s experience with individual labor arbitrators, which we use to assist our clients in selecting the best arbitrator available from the panels we are provided.

Union Prevention: Employers are frequently unaware of the issues that actually drive employees toward unionization, particularly the hot buttons used by organizers to stoke organizing campaign fires. We assist clients on how to recognize and avoid organizational activity.

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