sallen@foxrothschild.comBiography
Biography
Spencer represents clients in complex commercial litigation involving environmental, natural resources and construction disputes in federal and state court, arbitration and mediation, and administrative hearings.
A tenacious trial advocate, Spencer handles matters from start to finish, including taking and defending depositions of experts, clients and Rule 30(b) corporate representatives. He takes a strategic approach to litigation, helping clients find alternatives, when appropriate, that enable them to efficiently settle disputes and achieve their business objectives.
Spencer is adept at identifying important issues to preserve on appeal, drafting post-judgment motions and persuasive appellate court briefs. His practice also includes providing counseling on claims and damages analyses.
In his construction law practice, Spencer represents owners, developers, custom home builders and others in the industry in litigation involving construction and design defects, delay claims and lien priority disputes.
Spencer represents clients in complex commercial litigation involving environmental, natural resources and construction disputes in federal and state court, arbitration and mediation, and administrative hearings.
A tenacious trial advocate, Spencer handles matters from start to finish, including taking and defending depositions of experts, clients and Rule 30(b) corporate representatives. He takes a strategic approach to litigation, helping clients find alternatives, when appropriate, that enable them to efficiently settle disputes and achieve their business objectives.
Spencer is adept at identifying important issues to preserve on appeal, drafting post-judgment motions and persuasive appellate court briefs. His practice also includes providing counseling on claims and damages analyses.
In his construction law practice, Spencer represents owners, developers, custom home builders and others in the industry in litigation involving construction and design defects, delay claims and lien priority disputes.
Services
Before Fox Rothschild
Prior to joining Fox Rothschild, Spencer was an associate at a boutique law firm in Denver. He twice served as a law clerk, first to the Honorable Diana L. Terry of the Colorado Court of Appeals and later to the Honorable Peter W. Hall of the 2nd Circuit U.S. Court of Appeals.
While earning his law degree, Spencer was a student attorney at the University of Denver's Civil Litigation Clinic and completed externships with the Colorado Attorney General's Office, the Colorado Governor's Office of Chief Legal Counsel and the U.S. District Court for the District of Connecticut. Additionally, Spencer served as managing editor of the Denver University Law Review, was an Academic Achievement Program leader and earned the S.B.A. Outstanding Graduating Student Award.
Beyond Fox Rothschild
Spencer provides pro bono services through the Federal Pro Se Clinic and Limited Appearance Program. He also serves on the Internal Affairs Committee at Brent's Place, a nonprofit organization that provides housing for families facing life-threatening medical crises, and Co-Chairs the Regional Selection Committee for the University of Virginia's Jefferson Scholars Program.
Representative Matters
Over the years, Spencer has obtained two of the rarest outcomes for a litigator: complete defense victories.
In one case, Spencer served as sole trial counsel defending a property owner against an adverse possession claim brought by an adjoining neighbor. The matter involved extensive pre-trial summary judgment briefing followed by a bench trial. The court ultimately ruled in favor of Spencer's client, finding that the client had adversely possessed the disputed easement area in good faith under Colorado's color of title statute. The court awarded the client its costs in defending the action.
In another, Spencer defended a client through a four-day bench trial in western Colorado involving claims of nondisclosure of environmental conditions on a property. Despite an uphill battle where the central question appeared to be limiting damages rather than avoiding liability altogether, the court issued findings of fact and conclusions of law fully adopting the defense's proposed ruling.
Spencer has also:
- First-chaired multi-day arbitrations on behalf of custom home builders in contractual disputes with owners about the scope of work and change orders.
- Represented oil and gas mineral interest holders in contentious litigation with producers, ultimately securing a roughly $15 million settlement. The dispute involved underpayments and payments going forward relating to mineral interest ownership.
Over the years, Spencer has obtained two of the rarest outcomes for a litigator: complete defense victories.
In one case, Spencer served as sole trial counsel defending a property owner against an adverse possession claim brought by an adjoining neighbor. The matter involved extensive pre-trial summary judgment briefing followed by a bench trial. The court ultimately ruled in favor of Spencer's client, finding that the client had adversely possessed the disputed easement area in good faith under Colorado's color of title statute. The court awarded the client its costs in defending the action.
In another, Spencer defended a client through a four-day bench trial in western Colorado involving claims of nondisclosure of environmental conditions on a property. Despite an uphill battle where the central question appeared to be limiting damages rather than avoiding liability altogether, the court issued findings of fact and conclusions of law fully adopting the defense's proposed ruling.
Spencer has also:
- First-chaired multi-day arbitrations on behalf of custom home builders in contractual disputes with owners about the scope of work and change orders.
- Represented oil and gas mineral interest holders in contentious litigation with producers, ultimately securing a roughly $15 million settlement. The dispute involved underpayments and payments going forward relating to mineral interest ownership.
Bar Admissions
- Colorado
Court Admissions
- U.S. Court of Appeals, Tenth Circuit
- U.S. District Court, District of Colorado
Education
- University of Denver Sturm College of Law (J.D.)
- University of Virginia (B.S., B.A.)
Honors & Awards
- Selected to the "Super Lawyers - Rising Stars" list for Environmental Litigation in Colorado (2025)
- Named to a list of "Ones to Watch" for Administrative/Regulatory Law and Commercial Litigation by Best Lawyers (2023)
- Named to the Denver Bar Association's list of Pro Bono All-Stars (2022)
