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Colin Barnacle

Colin Barnacle

Partner

1400 Wewatta Street
Suite 500
Denver, CO 80202
colin.barnacle@nelsonmullins.com

Colin focuses his practice on labor and employment and litigation. His labor and employment practice focuses on compliance counseling, corporate governance counseling and investigations, noncompete and trade secret enforcement, wage and hour class and collective actions, and employment litigation. His commercial litigation practice has spanned state and federal courts and arbitrations involving a wide array...

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Colin focuses his practice on labor and employment and litigation. His labor and employment practice focuses on compliance counseling, corporate governance counseling and investigations, noncompete and trade secret enforcement, wage and hour class and collective actions, and employment litigation. His commercial litigation practice has spanned state and federal courts and arbitrations involving a wide array of areas, ranging from complex commercial disputes, construction litigation and dispute resolution, and intellectual property. He also represents various clients in the hospitality and restaurant sectors involving food law and food safety.

Colin Barnacle

of areas, ranging from complex commercial disputes, construction litigation and dispute resolution, and intellectual property. He also represents various clients in the hospitality and restaurant sectors involving food law and food safety.

Colin focuses his practice on labor and employment and litigation. His labor and employment practice focuses on compliance counseling, corporate governance counseling and investigations, noncompete and trade secret enforcement, wage and hour class and collective actions, and employment litigation. His commercial litigation practice has spanned state and federal courts and arbitrations involving a wide array... of areas, ranging from complex commercial disputes, construction litigation and dispute resolution, and intellectual property. He also represents various clients in the hospitality and restaurant sectors involving food law and food safety.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Employment Law

  • Extensive first–chair FLSA collective and state wage and hour class action experience in state and federal courts throughout the U.S.
  • Experience handling systemic discrimination matters before the U.S. Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP)
  • Regularly advised and defended clients in response to EEOC and OFCCP systemic discrimination investigations related to employment practices (pre–employment tests, hiring, promotions, compensation, and terminations), and assisted clients in responding to EEOC systemic investigations, subpoena requests for employment–related data, and class action litigations
  • Routinely handled matters involving the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), state workers compensation laws, the Fair Labor Standards Act (FLSA), state wage and hour compliance issues, and Older Workers Benefit Protection Act (OWBPA) compliance
  • Has provided clients with analysis of statistical adverse impact issues in layoffs and reductions in force, as well as on Worker Adjustment and Retraining Notification Act (WARN) Act compliance during mass layoffs and employee–related issues surrounding corporate transactions
  • Has represented employers in all aspects of employment law before state and federal agencies and courts, including FLSA wage and hour collective actions and state law class actions, Title VII discrimination and sexual harassment, ADA, FLSA, FMLA, wrongful termination, and noncompete and breach of contract claims
  • Assisted clients with proactive pay equity audits utilizing high–level statistical tools and analyses in response to the proliferation of state pay equity legislation
  • Regularly advised clients in connection with employee terminations, disciplinary actions, policy implementation, internal investigations, and has assisted clients in drafting policies, handbooks, contracts, and other employment–related agreements
  • Has provided in–person legal and practical training programs around the world to company leaders, managers, and employees regarding discrimination, harassment, investigations, documentation skills, as well as practices, ethics, anti–corruption concerns, and other key issues

Construction

  • Construction litigation and dispute resolution experience runs the gamut of representation from owners, contractors, design professionals, subcontractors, as well as manufacturing companies; successfully arbitrated a contract and design dispute on behalf of a food manufacturing company against the design builder

Food Safety Law

  • In a previous role as division general counsel for a major food company, developed well–rounded food law and food safety experience; regularly advised clients regarding regulatory and administrative law, primarily focusing on agriculture and other food products, including safety, FSMA and other regulatory requirements, the USDA National Organic Program, recalls, inspections, defense of government investigations, labeling and advertising, organic requirements, the California Transparency in Supply Chains Act, and continuing product guarantees
  • Has represented food companies throughout the supply chain, including growers/shippers, manufacturers, distributors, retailers, and food service businesses
  • Frequent speaker and writer on food law topics

Previous Professional Experience 

  • Division General Counsel, Americas Fresh Foods, The White Wave Foods Company (now Danone North America) (2014–2016)
  • Vice President of Human Resources, Assistant General Counsel, and Head of Global Labor & Employment, The Gates Corporation (2011–2014)

Education

  • University of Denver Sturm College of Law, JD (2001)
    • Order of St. Ives
    • General Editor, Denver University Law Review
  • Amherst College, BA, Political Science, cum laude (1998)

Admissions

  • Colorado
  • U.S. District Court for the District of Colorado

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

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