Jeffrey E. Di Tolla

Education

McGeorge School of Law
University of the Pacific
Sacramento, California
Juris Doctor, May 1991

University of California at Los Angeles
Los Angeles, California
Bachelor of Arts in English, June 1988
Chancellor’s Scholarship/Honors

Legal Experience
DiTolla Law Firm P.C., Erie, Colorado
Partner, October 2002—Present
Civil practice emphasizing business transactional work and litigation. Recently served as outside general counsel for a publicly-traded medical device company. Managed significant patent infringement litigation, including the selection of outside litigation counsel. Provided advice on state and federal regulations regarding the sale of laser medical devices. Drafted and negotiated various agreements, including trademark license, supplier development, and real estate lease agreements. Provided advice on numerous employment issues. Drafted and negotiated software licenses for custom software developer. Conducted trademark research and advised multimedia company about trademark issues. Provided ERISA guidance and drafted plan document for education client. Performed general business support for multiple clients, including the preparation and review of incorporation, partnership and joint venture agreements, form business agreements, leases, licenses, employment policies and manuals, and non-disclosure and trade secret agreements. Successfully argued appeal before Colorado Board of Education for charter school. Litigated business and employment disputes in several states for clients in the computer software, healthcare, and manufacturing industries. Filed liens in and litigated several business collection matters.

Qwest Cyber.Solutions LLC, Denver, Colorado
Managing Attorney, January 2002-September 2002
Corporate Counsel, July 2000-December 2001
Corporate attorney for application services provider (ASP) division of Qwest Communications. Managed all legal issues for Litigation, Professional Services sales organization, Human Resources, Immigration, and Corporate Real Estate. Provided business and legal guidance to national sales force. Revised and created form agreements to reflect changing market conditions, reduce negotiation time, and facilitate sales. Educated Sales department about corporate risk management policies and techniques for overcoming customer objections. Handled all litigation matters and managed outside counsel for commercial and employment litigation, immigration, and bankruptcy proceedings. Conducted internal investigations, negotiated with opposing counsel, and selected and monitored outside counsel for quality and cost control. Negotiated settlement amounts and drafted settlement agreements. Drafted, reviewed and negotiated over 250 professional services agreements. Reviewed and revised employee code of ethics and policies. Managed audits of corporate retirement plan and wage and hour compliance. Advised senior management about and drafted sales compensation plans for national sales force. Reviewed and approved employee discipline actions and terminations. Analyzed and approved 5 reductions in force for risk factors and compliance with federal and state laws. Negotiated contracts with corporate benefits vendors. Conducted due diligence for regarding corporate acquisitions. Reviewed and negotiated software license agreements with software vendors. Reviewed and negotiated commercial leases and subleases (as both tenant and landlord) for several offices.

Digital Retirement Solutions, Inc., Longmont, Colorado
General Counsel, September 1998–July 1999
Responsible for all legal issues for pension software and administration company. Handled business formation, including incorporation, corporate recordkeeping, and state licenses and registrations. Drafted and negotiated end-user licensing agreement for sale of proprietary software. Reviewed and negotiated OEM licensing agreements with software vendor. Reviewed and negotiated commercial real estate leases. Developed internal policies and procedures, including personnel policies, employment forms, employment agreements, interviewing guidelines, employment contracts, non-disclosure and non-competition agreements, trade secret policies, work for hire agreements, and employee manuals. Conducted legal research and provided advice to over 30 clients (plan assets in excess of 50 million dollars) and outside counsel regarding a variety of ERISA issues including plan design, taxation, prohibited transactions, leased employees, and fiduciary responsibilities.

Law Offices of Jeffrey E. Di Tolla, San Diego, California
Partner, January 1993–August 1998
Conducted civil litigation and transactional work for 31 corporate and 70 individual clients in general business issues; personal injury; medical malpractice; employment litigation; and estate planning. Performed extensive litigation and drafted all pleadings, motions, and discovery. Prepared and defended clients and expert witnesses and examined opposing parties and expert witnesses at deposition. Prepared briefs for and conducted numerous settlement conferences, mediations, arbitrations and trials. Advised on business formation issues and organized businesses as corporations, partnerships, and joint ventures. Performed all necessary corporate recordkeeping. Reviewed and negotiated commercial real estate leases. Drafted and negotiated business buy-sell agreements. Reviewed and drafted employment manuals and employment contracts. Drafted end-user licensing agreements. Reviewed and negotiated trade secret and non-competition agreements. Advised on trademark and copyright issues.

Xelan, Inc., San Diego, California
General Counsel, December 1994–December 1995
Conducted sales, compliance, and litigation for national financial planning company serving professional corporations. Provided sales support and compliance supervision to 50 agents in 22 states concerning taxation, insurance, pension, and securities issues. Provided advice directly to clients (including their attorneys and accountants) regarding all Xelan investment products, including qualified retirement plans, unqualified retirement plans, corporate-owned disability insurance, multiple employer welfare benefit trusts, corporate-owned split-dollar life insurance, annuities, and a mutual fund-based money management program. Responsible for preparation and filing of state and SEC documents for the registration of Xelan as investment advisers in 22 states. Handled substantial litigation internally and independent of outside counsel. Supervised outside counsel regarding litigation strategies and legal fees. Represented Xelan at several settlement conferences and mediations. Negotiated settlements and agreements with multiple state departments of insurance and securities.

Fonda & Garrard, Los Angeles, California
Associate, January 1992–December 1992
Conducted general civil litigation for an insurance defense firm, with an emphasis on fraudulent claims. Responsible for management of 40 cases, including: drafted pleadings, formulated and implemented discovery plans, drafted and argued numerous law and motion matters, and conducted numerous depositions. Prepared and argued several arbitrations. Assisted in research and drafting of two writs and one published appellate brief (Galvis v. Petito, 16 Cal.Rptr.2d 560).

Bar & Professional Associations

Admitted to California State Bar (1991)
Admission to Colorado State Bar (2001)
Member, American Bar Association