Overview

Sam is an accomplished and versatile trial attorney and litigator with extensive courtroom experience leading trial teams representing companies and individuals in a range of complex civil litigation disputes.

From preliminary analysis of disputes through to motions practice and closing and appellate arguments, Sam has successfully represented clients in the fields of natural resources, real estate, eminent domain, construction law, trade secret, and all types of contractual issues. Before joining the firm, Mr. Bacon clerked for the Honorable Chief Justice Nancy Rice at the Colorado Supreme Court, interned for the Jackson, Wyoming Town Attorney, and practiced with the Denver litigation firm Reilly Pozner LLP.

Experience & Results

• Led trial team of seven Welborn attorneys, plus local counsel and in-house counsel, representing plaintiffs in 2-month jury trial in California prevailing in proving breach of contract and obtaining specific performance, a declaration removing the lease operator, and an injunction transferring operatorship to our clients. Additional details here.
• Defense of real estate investor against claims of negligence and construction defects related to residential construction in federal court in Northern California (ongoing).
• Brought suit on behalf of interest owner alleging defendant breached its obligation to offer an option to participate in new acquisition within “area of mutual interest” in Utah (ongoing).
• Represented New Mexico operator in defending against removal claims, including representation before state regulatory agencies securing state approval of client as operator.
• Represented Colorado project manager in complex construction dispute concerning multi-million dollar claims of improper billing, construction defects, misrepresentations, and failure to meet standard of care, resulting in favorable settlement.
• Successfully represented Colorado oil and gas lessee against claims that lease had terminated due to lack of production in paying quantities, including cross-claims for indemnification and derivative liability.
• Defended oil and gas company in successful bench trial regarding allegations of contamination and negligence in Buffalo, Wyoming.
• Led Welborn trial team defending oil and gas company in a dispute over title to leasehold interests in approximately 26,000 mineral acres in the Wamsutter field located in Carbon and Sweetwater Counties, Wyoming, resulting in complete win on summary judgment.
• Won summary judgment in federal court for large Colorado corporation on multi-million dollar claims for breach of contract, promissory estoppel, and fraud.
• Led trial team in obtaining favorable jury verdict in real estate dispute involving claims of breach of contract, negligent misrepresentation, and fraud.
• Successfully defended a breach of contract claim on a multi-million dollar sale of refining equipment involving a major Colorado oil and gas company.
• Briefed and won an interlocutory, “Rule 21” appeal directly to the Colorado Supreme Court, resulting in a reversal of an adverse multi-million dollar judgment against client.
• Obtained a multi-million dollar jury verdict on behalf of a major oil and gas producer in a royalty dispute with a lessee.
• Successfully brought breach of contract, conversion, and fraud claims on behalf of a landowner against mineral lessee, obtaining a favorable pre-trial settlement.
• Prevailed on all claims in a bench trial concerning breach of a real estate contract and breach of fiduciary duties.
• Successfully defended a corporate client against misappropriation of trade secret and unjust enrichments claims.

Practice Areas

• Mediation & Arbitration
• Complex Commercial Litigation
• Oil & Gas Litigation
• Contract Law
• Environmental Law
• Employment
• Eminent Domain
• Appeals
• Trial

Honors & Insights

• Selected for inclusion in The Best Lawyers in America© “Ones to Watch” in the fields of Appellate Practice, Commercial Litigation, Eminent Domain and Condemnation Law, Environmental Law, Oil and Gas Law, 2022-2023
• “Why Waste Water? A Bifurcated Proposal for Managing, Utilizing, and Profiting from Coalbed Methane Discharged Water,” 80 U. Colo. Law Rev. 571 (2009).
• 2009 Winner of the University of Colorado Law Review Courtland H. Peterson Writing Award for Most Outstanding Student Comment
• Associate Editor & Student Note Committee Chairman, University of Colorado Law Review
• Officer in Environmental Law Society at the University of Colorado School of Law
• Honors graduate and member of Pi Sigma Alpha Political Science Honor Society at University of Vermont
• Board Member, The Nathan Yip Foundation
• “Single Cast can be Cutthroat Business,” The Denver Post.
• “Try Fishing Other Side of Yucatan,” The Denver Post.

Education

• Clerk, Honorable Chief Justice Nancy Rice, Colorado Supreme Court
• J.D., University of Colorado School of Law, 2009
• University of Colorado Law Review, Associate Editor and Student Note Committee Chairman
• B.A., Political Science, Economics, University of Vermont, cum laude with honors, 2005

Bar Admissions / Qualifications

• Colorado, 2009
• Wyoming, 2009
• U.S. District Court for the District of Colorado
• U.S. District Court for the District of North Dakota