James E. Fogg

Associate

James Fogg is a rising trial attorney at Ogborn Mihm LLP, where he focuses on representing individuals and businesses in litigation involving commercial disputes, legal malpractice, personal injury, and inheritance disputes. He started his legal career as a law clerk over a decade ago and has worked his way up through the ranks using his intensity, analytical skill, and results-oriented approach. Now, James uses his drive and skills to efficiently and effectively secure favorable outcomes for his clients in all phases of litigation. Before joining Ogborn Mihm, James served as a judicial law clerk for the Hon. James S. Casebolt of the Colorado Court of Appeals. He graduated from the University of Denver’s Sturm College of Law where he excelled on the school’s national mock trial team and graduated with honors in the top 3% of his class. James is also active in the Denver legal community, currently serving as the co-chair of the Colorado Trial Lawyers Association’s Commercial Litigation Committee and as the Treasurer of the Executive Council for the Colorado Bar Association’s Young Lawyers Division.

Areas of Practice

  • Bankruptcy Litigation
  • Business Torts & Fraud
  • Commercial & Contract Litigation
  • Corporation, Partnership & LLC Disputes
  • Insurance Disputes
  • Legal Malpractice
  • Personal Injury & Wrongful Death
  • Trust & Estates Litigation

Education

  • University of Denver Sturm College of Law, J.D., Order of St. Ives
  • University of Colorado at Boulder, Dual B.A., Magna cum Laude

Bar Admissions

  • Colorado
  • United States District Court for the District of Colorado
  • U.S. Court of Appeals for the Tenth Circuit
Experience

When several privately held companies refused to repay an investor the start-up funds he had lent to them, James represented the investor in contentious AAA arbitration and second-chaired the hearing that produced a $1.9 million award for his client. When the defendants challenged the award and refused to pay, James played a key role in successfully defending the award, obtaining additional attorneys’ fees for his client, and securing a favorable post-judgment settlement.

Experience

When a business-partner-turned-competitor trapped a client’s valuable machinery in a warehouse, James litigated claims for replevin, breach of contract, a breach of fiduciary duty, to secure not only the return of the equipment, but also a six-figure settlement for his client.

Experience

When a Colorado company sought over $600,000 in attorneys’ fees it had incurred litigating an insurance bad faith lawsuit, James played a crucial role in defeating the insurance company’s challenges to the fee petition, establishing the reasonableness of the attorneys’ fees claimed, and securing a judgment for every dollar of attorneys’ fees his client requested.

Experience

When a car rammed through a wall and injured a client at work, James helped the client recover over $400,000 from the other driver’s insurance company and her own underinsured motorist insurance carrier.

James practices primarily in the areas of commercial litigation, professional negligence, personal injury, and trust and estate litigation. He recognizes that clients come to him because of problems that they cannot solve on their own and that every problem is unique. He prides himself on listening to his clients, developing a keen understanding of the issues, and crafting an approach that makes sense, both legally and financially. Then he works hard to execute the plan and achieve the results his clients deserve.

And James understands the value of hard work. He started his legal career as a file clerk more than a decade ago and has worked his way up through the ranks using his intensity, analytical skill, and attention to detail. While James obtained dual degrees from the University of Colorado at Boulder, he also learned the ropes as a legal assistant, then paralegal, at two small law firms. Wanting to continue to serve clients, in an expanded role, James enrolled in the University of Denver’s Sturm College of Law. There, he excelled on the school’s mock trial team, represented clients in the school’s clinical program, and served as an editor on the Water Law Review. James graduated DU Law, with honors, in the top 3% of his class.

After law school, James served as a judicial law clerk for the Hon. James S. Casebolt on the Colorado Court of Appeals. His clerking experience provided James with valuable insight into what a judge focuses on in attempting to reach a correct and just result. James applies the skills he has developed to his civil practice. Prior to joining Ogborn Mihm LLP, James worked as an associate at a renowned Denver litigation firm where he represented clients in multi-million dollar disputes. Now, James serves clients in lawsuits involving a wide range of issues, including: business disputes, breach of contract, professional liability and malpractice, law firm and small business breakups, stolen property, personal injury, breaches of fiduciary duty, and breach of trust, among others. James has broad litigation experience, involving all aspects of the process, including pleadings, motions practice, discovery, experts, depositions, trial, and appeal. James represents clients in litigation and trial, arbitration, at mediation, as local counsel, and as co-counsel.

As a Denver-area native, James also understands the importance of giving back to the community he grew up in. He is a rising leader in the legal community, serving as the Treasurer for the Colorado Bar Association’s Young Lawyers Division and as the Co-Chair of the Colorado Trial Lawyers Association’s Commercial Litigation Section, and is actively involved in a number of other legal organizations. James also serves those who have served us by volunteering as a fly-fishing guide for Project Healing Waters, a program dedicated to getting injured military service personnel on the water as a part of their rehabilitative process.

James is the son of a trial lawyer and a speech pathologist. When not at work, you will find James spending time with his wife, Becca, fly-fishing a mountain stream with his dog, Gus, or searching for his golf ball.

Articles

  • Co-Author with Peter McClenahan, Chapter 8.7, “Lawyer Disqualification,” in Lawyer’s Professional Liability in Colorado, 2017 Ed. (Michael T. Mihm ed., CLE in Colorado, Inc.).

Presentations

  • “Disqualification of Counsel,” CLE in Colorado, Inc. (February 2017).

Associations

  • Treasurer, Executive Council, Colorado Bar Association Young Lawyers Division, 2018 - Present
  • Co-Chair, Commercial Litigation Committee, Colorado Trial Lawyers Association, 2019 - Present
  • Member, Colorado Bar Association Young Lawyer Strategic Task Force, 2019 - Present
  • Member, Young Professionals Committee, Colorado Judicial Institute, 2018 - Present
  • Member, Board of Governors, Colorado Bar Association, 2018-2019
  • Member, Budget Committee, Denver Bar Association, 2018-2019
  • Chair, Executive Council, Denver Bar Association Young Lawyers Division, 2017-2018
  • Trustee, Board of Trustees, Denver Bar Association, 2017-2018
  • Member, Colorado Bar Association
  • Member, Denver Bar Association
  • Member, Colorado Trial Lawyers Association
  • As an avid fly-fisherman, James volunteers his time to Project Healing Waters, a program dedicated to getting injured military service personnel on the water as a part of their rehabilitative process.

Awards