Giovanni M. Ruscitti
J.D., University of Denver College of Law, 1993
M.B.A., Accounting & Finance, University of Colorado, 1993
B.A., Economics, University of Colorado, 1989
U.S. District Court, District of Nebraska
U.S. District Court, Tenth Circuit Court of Appeals
U.S. District Court, District of Colorado
Federal Court of Claims
Pro Hac Vice in Arizona, California, Delaware, Florida, Illinois, Massachusetts, Montana, New York, Ohio, Texas, Utah, and Wyoming
Mr. Ruscitti has almost 25 years of experience working on construction, mining, power and energy related matters. He has represented clients on both public and private projects for owners, developers, general contractors, subcontractors, suppliers, insurers and sureties, with a particular emphasis in complex EPC projects. To that end, Mr. Ruscitti has negotiated and drafted EPC and design-build contracts up to $2.2 B in value, and litigated and arbitrated EPC disputes with tens of millions of dollars in dispute. He has worked as lead transactional and litigation counsel on industrial plants, office buildings, power plants, hydroelectric power, utility projects, processing plants, water storage, water and waste treatment plants, defense projects, hospitals, schools, highway construction, prisons, mining projects, oil & gas, pipeline, and solar projects. Giovanni has also substantial experience in construction disputes, including defect, delay, indemnity, breach of contract, fraud, bid protest coverage and complex litigation. Finally, Giovanni has served as lead transactional counsel on large P3 projects, including drafting and negotiating complex concession and development agreements, EPC and design-build agreements, drop-down and lower-tier subcontract and framework agreements, and financing agreements.
Mr. Ruscitti has litigated a number of cases to successful results, including Federal and State jury and bench trials and arbitrations before the American Arbitration Association, International Centre for Dispute Resolution, the International Chamber of Commerce, JAMS and Judicial Arbiter Group, on a broad range of complex commercial, construction/surety, and civil cases, including litigation involving management and corporate control issues, mergers and acquisitions, environmental, CERCLA, RCRA, construction defects and delays, surety disputes, intellectual property, trade secrets, mining, contract disputes, derivative actions involving fiduciary duty claims, SEC, FTC, FCC, TCPA, ERISA and withdrawal liability, employment agreements, covenants not to compete, fraud, financial transactions and insurance coverage disputes. Mr. Ruscitti also has extensive experience in handling preliminary injunctions and other injunctive relief hearings. Mr. Ruscitti has handled matters in Arizona, Colorado, California, Delaware, Florida, Idaho, Illinois, Massachusetts, Minnesota, Montana, Nebraska, New Mexico, New York, North Dakota, Ohio, Texas, Utah, Washington and Wyoming, as well as Canada, Central America, South American and Europe.
Mr. Ruscitti routinely advises our corporate clients and general counsel on topics such as organizing and planning business entities, mergers and acquisitions, structuring strategic alliances, structuring commercial and intellectual property transactions, and creating and protecting trade secrets and other intellectual property rights. Mr. Ruscitti also represents privately held companies in connection with private placements, financing alternatives, including secured and unsecured credit facilities and debt or equity offerings, and SEC issues. In addition, he has developed and implemented various exit strategies enabling clients to monetize their investments, including mergers and divestitures, and has implemented various corporate restructurings, reorganizations, and recapitalizations.
In real estate, Mr. Ruscitti has represented real estate developers and owners on a wide variety of legal matters, including acquisitions, 1031 exchanges, structuring of transactions, construction, financing, leasing, zoning, land use, and due diligence issues. Mr. Ruscitti has served as lead transactional council on the development of the Dick’s Sporting Goods Park soccer stadium, and on the purchase, sale and development of large real estate portfolios.
In healthcare, Mr. Ruscitti has represented medical practices and healthcare providers in general business matters, as well as mergers and acquisitions and enforcement of restrictive covenants. Mr. Ruscitti is also experienced in provider payment disputes, including disputes involving Medicare and Medicaid.
Mr. Ruscitti also serves as a mediator and arbitrator for the American Arbitration Association on complex commercial, M&A, corporate, IP, energy, mining and construction disputes. He was recently named Publications Vice-Chair for DRI’s ADR committee, and is working on a new educational program for the AAA on best practices in arbitration.
Mr. Ruscitti lives outside of Boulder with his wife of 27 years, Aggie Ruscitti, and their three children, Dante, Donato and Izabella. He enjoys spending time with his family, Italian & French wines, travel, fly fishing, hunting, hiking, yoga, and playing basketball.
American, Colorado, Denver, and Boulder County Bar Associations
American Trial Lawyers Association
American Bankruptcy Institute
American Bar Association Torts and Insurance, Business, Litigation, and Bankruptcy Sections
Rocky Mountain Mining Association
Colorado Mining Association
Associated General Contractors of Colorado
American Arbitration Association, Commercial Panel of Neutrals
Boulder Economic Council, Vice-Chair, Executive Committee
Boulder Hockey Club; Board of Directors
Colorado Tier Hockey Association; Board of Directors, Vice President
University of Colorado Leeds School of Business; member of Deming Center for Entrepreneurship Advisory Board