Founding and Managing Partner
Giovanni Ruscitti
Legal Assistant
Giovanni M. Ruscitti is one of the founding members of Berg Hill Greenleaf Ruscitti LLP and currently serves as the firm’s Managing Partner. Mr. Ruscitti is equally comfortable in the courtroom as in the boardroom and regularly serves as lead transactional and litigation counsel. This unique and broad range of experience allows Mr. Ruscitti to provide the firm’s clients with comprehensive, strategic, innovative, and cost-effective counsel, and he often works as a strategic adviser to boards of directors and general counsel. His practice focuses primarily on construction law, complex commercial litigation/arbitration, mergers and acquisitions, real estate, and construction and commercial transactions. His clients include entrepreneurs, emerging growth companies, banks, and local, national, and international companies, and he serves a broad range of industries, including construction, manufacturing, energy, renewable energy, mining, real estate and development, telecommunications, medical, nutrition, innovation/technology, and professional services.
Mr. Ruscitti lives outside of Boulder with his wife of 32 years, Aggie Blake-Ruscitti. He enjoys spending time with his family, Italian & French wines, travel, fly fishing, hiking, yoga, and playing basketball.
Mr. Ruscitti is a best-selling author, with his first book titled Cobblestones, Conversations and Corks released on August 16, 2022.
Experience
Construction Law
Mr. Ruscitti has almost 30 years of experience working on construction, mining, power, and energy-related matters. He has represented clients on public and private projects for owners, developers, general contractors, subcontractors, suppliers, insurers, and sureties, emphasizing 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 and other construction contract disputes with hundreds of millions of dollars in dispute. Giovanni has substantial experience as an advocate, arbitrator, and mediator in every type of construction dispute, including defect, delay, indemnity, breach of contract, fraud, bid protest coverage, and complex litigation.
Giovanni also advises clients on Federal construction contract issues, including requests for equitable adjustments, certified claims, defense of claims under the False Claims Act, compliance with the Federal Acquisition Regulations, and Miller Act.
Giovanni 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, wind, geothermal, biofuel (ethanol and methane), green hydrogen photovoltaic and solar projects. 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.
Litigation
Mr. Ruscitti has litigated several cases to successful results, including Federal and State jury and bench trials, claims before the ASBCA and the Court of Federal Claims, 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 has extensive experience 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.
Corporate Law
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.
Real Estate Law
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 the lead transactional counsel on the development of the Dick’s Sporting Goods Park soccer stadium and the purchase, sale, and development of significant real estate portfolios, including the largest commercial portfolio transaction in Boulder County 2015.
Healthcare Law
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.
Alternative Dispute Resolution
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.
EDUCATION & ADMISSIONS
JURIS DOCTOR
UNIVERSITY OF DENVER COLLEGE OF LAW, 1993
MASTERS OF BUSINESS ADMINISTRATION
UNIVERSITY OF COLORADO, 1993
BACHELOR OF ARTS
UNIVERSITY OF COLORADO, 1989
Colorado
New York
U.S. District Court, District of Colorado
U.S. District Court, District of Nebraska
U.S. District Court, Tenth Circuit Court of Appeals
Pro Hac Vice in
Arizona, California, Delaware, Florida, Illinois, Massachusetts, Montana, New York, Ohio, Texas, Utah, and Wyoming
Professional Associations
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
Community Involvement
Boulder Chamber, Member, Board of Directors
Boulder Economic Council, Chair, Executive Committee
University of Colorado Leeds School of Business; member of Deming Center for Entrepreneurship Advisory Board
Honors & Awards
Best Lawyers, Commercial Litigation, Construction Law Litigation – Construction Litigation, Mergers and Acquisitions, 2021 & 2022
5280 Magazine Top Construction Lawyer, 2021
BizWest Most Influential Business Leader, 2021

Giovanni’s Blog

Partner Peter Nichols Talks Super Ditch Project at the Colorado Law Conference on Natural Resources
The University of Colorado Boulder hosted the 42nd Annual Colorado Law Conference on Natural Resources on June 16th and 17th. The Colorado River was the focus of this year's conference given the dramatic decline in the levels of Lakes Powell and Mead. Low Water At...

Kathleen Alt Talks Remote Work and the Challenges Companies Might Already Be Experiencing
In an article published in the Daily Camera today, Monday, April 25, partner Kathleen Alt offers some updates on the complexities of remote work, particularly, out-of-state remote workers. Check out the article here*. Writer: Paula Aven Gladych Contributors: Kathleen...

BizWest honors “Most-Influential Business Leaders” in Boulder Valley and Northern Colorado
Our founding and managing partner, Giovanni Ruscitti, was honored as a "Most-Influential Business Leader" at BizWest's Book of Lists Launch Party yesterday, January 20, 2022. Giovanni was recognized along with twenty-nine other inspiring and influential business...
In the News
Nichols Named Top Environmental Lawyer by 5280 Magazine
Hitting stands around Colorado is the latest issue of 5280 Magazine. Included in this issue is the announcement of 5280's ninth annual Denver's Top Lawyers list. To compile this list, the team at 5280 invites lawyers to vote for their peers. Once the votes are in,...
BHGR Welcomes Geoff Klingsporn
Berg Hill Greenleaf Ruscitti LLP is pleased to welcome Geoff Klingsporn to the team. Geoff Klingsporn joined the firm this month, returning to private practice after many years of representing Denver and its officers and employees in the Civil Litigation Section of...
BHGR x Community Food Share
Berg Hill Greenleaf Ruscitti has been a long-time partner of the Community Food Share - Food Bank of Boulder and Broomfield Counties. Our partnership has been displayed in a few different ways - donations, golf tournaments, and so on - over the years, but today,...
Firm Happenings
Partner Peter Nichols Talks Super Ditch Project at the Colorado Law Conference on Natural Resources
The University of Colorado Boulder hosted the 42nd Annual Colorado Law Conference on Natural Resources on June 16th and 17th. The Colorado River was the focus of this year's conference given the dramatic decline in the levels of Lakes Powell and Mead. Low Water At...
CA CLIENT ALERT: The Supreme Court Holds That Individual Claims Brought Under California’s Private Attorneys General Act Can Be Compelled to Arbitration
California employers scored a victory with the Supreme Court’s June 15, 2022 decision in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, which finds that individual claims brought under California’s Private Attorneys General Act (“PAGA”) can be compelled...
Kathleen Alt Talks Remote Work and the Challenges Companies Might Already Be Experiencing
In an article published in the Daily Camera today, Monday, April 25, partner Kathleen Alt offers some updates on the complexities of remote work, particularly, out-of-state remote workers. Check out the article here*. Writer: Paula Aven Gladych Contributors: Kathleen...