Erik Schuessler

Erik Schuessler

Phone: 303-796-2626


Printable Profile

Erik Schuessler focuses his practice in the areas of commercial litigation, employment litigation, and real estate litigation. He takes pride in achieving efficient and successful results for his clients in all phases of litigation, including pre-lawsuit negotiation, dispositive motions, trial, and appeal.

Erik has been with Burns, Figa & Will since 2015. Prior to joining BFW, Erik worked at a national 300-attorney law firm and clerked for the Honorable Tamara S. Russell in the First Judicial District of Colorado.

Erik is licensed to practice law in the trial and appellate courts of the State of Colorado, the United States District Court for the District of Colorado, and the 10th Circuit Court of Appeals. He is a member of the American Bar Association, Colorado Bar Association, Denver Bar Association, and Colorado Defense Lawyers Association.

Areas of Expertise
Commercial Litigation
Contract Disputes
Business Torts
Shareholder Disputes
Employment Discrimination
Wage and Hour Disputes
Non-Compete and Non-Solicitation Disputes
Trade Secret Litigation
Probate Litigation
Real Estate Litigation
Sports Law
J.D., University of Colorado Law School, 2010

Class Officer (Treasurer)

Teaching Assistant, Legal Writing and Appellate Advocacy

B.A., Illinois Wesleyan University, 2007 (summa cum laude)

Phi Beta Kappa; Phi Kappa Phi

Professional Activities
  • Colorado Bar Association
  • Denver Bar Association
  • American Bar Association
  • Faculty of Federal Advocates
Bar Admissions
  • Colorado (2010)
  • U.S. District Court, District of Colorado (2011)
  • U.S. Court of Appeals, 10th Circuit (2013)
Honors and Awards
Colorado Super Lawyers, Rising Star, 2018-2023

Premier Appellate Lawyers, 2021

Representative cases
  • Commercial Litigation
    • Won summary judgment in qui tam lawsuit claiming Medicaid fraud by home health care company
    • Won summary judgment for LLC manager in veil piercing case seeking to impose personal liability on the manager for the debts of the LLC
    • Successfully restored client’s full ownership interest in multi-million-dollar family business after other owners tried to buy him out for pennies on the dollar, after trial
    • Prevailed in 10th Circuit Court of Appeals case involving false advertising claims under the Lanham Act
    • Defended sellers of multi-million-dollar manufacturing business in buyer’s lawsuit alleging fraudulent misrepresentations and breach of asset purchase agreement
    • Litigated shareholder derivative action on behalf of minority shareholder of closely-held company to challenge alleged abuses and reduction of ownership interest
    • Represented apparel printing company in lawsuit regarding its sale of the company
    • Defended against bank’s claims of fraudulent transfers brought against client
    • Represented investor clients in federal civil RICO lawsuit against company and individuals that defrauded investors in nationwide real estate investment Ponzi scheme, leading to an SEC investigation and criminal indictment of defendants
    • Won summary judgment for waste disposal client in lawsuit alleging mishandling of plaintiff’s medical records contained in trash
    • Won summary judgment for home improvement supply store in customer’s lawsuit regarding purchase of custom countertops
    • Won summary judgment for client bank (as trustee) in lawsuit alleging breach of fiduciary duties and mismanagement of trust
    • Won partial summary judgment for client (owner of office building) in lawsuit against tenant for breach of parking agreement under lease
    • Won summary judgment (after oral argument) for client car manufacturer/retailer in replevin case, over defendant’s bona fide purchaser defense
    • Successfully assisted numerous clients collect debts owed by third parties
  • Employment Litigation
    • Defended several nationwide class actions claiming nonpayment of overtime wages under the FLSA
    • Litigated—as both plaintiff and defendant—complex cases involving alleged theft of trade secrets by departing employees
    • Defended multiple federal lawsuits against client employers for alleged racial and sex-based discrimination
    • Defended multiple claims under the Colorado Wage Act regarding underpaid wages, bonuses, and severance payments
    • Successfully defended against multiple charges filed with the Colorado Civil Rights Division and the EEOC alleging discrimination based on race, sex, and disability
    • Negotiated severance agreements on behalf of both employers and employees
    • Successfully resolved multiple disputes regarding violations of restrictive covenants (i.e. non-compete, non-solicitation, and confidentiality agreements)
  • Real Estate Litigation
    • Prevailed at trial and on appeal in dispute over applicable fair market rental rate for renewal term under commercial lease
    • Successful motion for partial summary judgment, court trial, and appeal in lawsuit regarding $4.3 million sale of commercial real estate within metropolitan district
    • Successful motion for summary judgment and appeal (following oral argument) in case involving landowner’s constitutional challenge to oil and gas permits
    • Prevailed at trial in lawsuit regarding purported sale of $4 million residence
    • Won summary judgment for owner of $10 million home in lawsuit brought by real estate broker for commissions that would have been owed had sale closed
    • Won summary judgment for client in lawsuit brought by its tenant regarding repair and replacement obligations under commercial lease
    • Won partial summary judgment for client (owner of commercial property) in lawsuit against its tenant for breach of commercial lease
    • Successfully defended landlord against tenant’s claims for wrongful retention of security deposit, breach of contract, tortious interference, and veil piercing
    • Achieved favorable settlement for client (owner of commercial property) in lawsuit against marijuana business tenant for breach of commercial lease
    • Represented both landlords and tenants in various types of breach of lease disputes
  • Probate Litigation
    • Won summary judgment in complex case involving estate’s multi-million dollar ownership interest in real estate management company
    • Litigated multiple cases—as both claimant and respondent—regarding a surviving spouse’s interests under the elective share statute as a common law spouse
    • Achieved favorable settlement for beneficiaries of trust claiming that the trustee committed theft and breaches of trust
  • Sports Law
    • Prevailed at arbitration hearing and on appeal with the United States Soccer Federation to gain membership for local youth soccer club in state soccer association
    • Achieved dismissal of complaint brought by member of national women’s professional rodeo association that sought judicial dissolution of the association, and prevailed on appeal
  • Other Successful Cases
    • Achieved dismissal of construction contractor’s negligence and breach of contract claims against client engineer in a case with over $1 million in claimed damages
    • Successful motion to dismiss 24-claim medical malpractice complaint against client podiatrist
    • Won summary judgment for student of trade school who was sued for negligence in performing a practice blood draw on another fellow student
    • Successfully negotiated dismissal with prejudice of negligence and premises liability claims against owners of salon at which plaintiff slipped and fell

Herrick K. Lidstone, Jr. and Erik K. Schuessler, Two Cases, Two Expert Witnesses: One Did it Right; the Other Didn’t, Colorado Business Law Section Newsletter (June 2021)

Herrick K. Lidstone, Jr. and Erik K. Schuessler, Accepting Cryptocurrency as Payment for Legal Fees: Ethical and Practical Considerations, Colorado Lawyer (May 2019)