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John O'Brien

Partner

Spencer Fane attorney John O'Brien

T 303.839.3800
F 303.839.3838
jobrien@spencerfane.com


John O’Brien practices in banking, agrifinance, commercial finance, commercial law, lender liability defense, agriculture law, agricultural transactions, receivership, creditors rights, and bankruptcy. He has a national agrifinance practice and has closed over $1,000,000,000 of financings on livestock production facilities (including cattle, dairy, hogs, buffalo, poultry and sheep), public elevators, public warehouses, irrigated farms, dryland farms, ranches and other commercial enterprises. John represents national and regional financial institutions and issuers of domestic and international letters of credit securing commodity sales and transactions. He has visited more than 100 livestock production facilities in Texas, Oklahoma, Kansas, Nebraska, Colorado, Wyoming, Iowa and New Mexico. John has litigated, mediated or resolved lien priority disputes, commercial disputes and cattle frauds throughout the United States and has been lead counsel for the primary creditor in more than 100 receiverships in Kansas, Nebraska, Wyoming, Colorado, Iowa, Ohio and Mississippi. He regularly practices under the Packers and Stockyards Act and is a Colorado Super Lawyer in the area of Banking. John is a long-time cattle feeder, and grows wheat and corn on his Colorado farms. In 2015, John received both the Barrister’s Best and Peoples Choice Awards for the Best Agricultural Lawyer in Colorado. John is the Regional Development Managing Partner in the Denver office.

Highlights of John’s experience include:

  • Represent lender in connection with documenting a $63,300,000 loan secured by farm assets
  • Represent lender in connection with documenting a $26,000,000 loan secured by ranches in three states and livestock
  • Represent lender in connection with documenting a $13,750,000 loan secured by farm land and agricultural products

To view John’s additional representative experience, please click here.

PRESENTATIONS AND PUBLICATIONS

  • “Pitfalls And Traps For Secured Lenders,” Kansas Bar Association Continuing Legal Education (April, 2018)
  • “Ag Lending: Transaction And Litigation Issues,” Colorado Bar Association Financial Institution Subsection (March, 2018)
  • “Organic Farming Business Law,” Speaker, National Business Institute (October 2016)
  • “Certified And Natural Cattle Contracts,” Author, National Business Institute (October 2016)
  • “AgriFinance Pitfalls And Traps: What The Lender Wanted To Know Before Closing The Loan,” Author, Colorado Bar Association Business Law Institute (September 2016)
  • “Understanding the Workings of the Current Market,” Author, National Business Institute (June 2016)
  • “Handling Lien Issues in Livestock Transactions: Tips from a Top Agricultural Attorney,” Author, National Business Institute (June 2016)
  • “Livestock Producer and Grower Contracts,” Author, National Business Institute (June 2016)
  • “Stock and Fencing Law, Trespass and Liability Issues,” Author, National Business Institute (June 2016)
  • “Cattle Law: What The Lender Needs To Know?,” Author, Colorado Bankers Association (November 2015)
  • “Ag Lending: Top 10 Mistakes,” Author, Colorado Bankers Association (November 2015)
  • “Grain Production Contracts 101,” Author and Presenter, National Business Institute (July 2015)
  • “Cattle Law: Drafting and Negotiating Cattle Industry Contracts,” Author and Presenter, National Business Institute (November 2014)
  • Oh the smell! Zoning battle rages over farm odors,“ Quoted, CNBC (May 9, 2014)
  • Farm bill: Bring on the hemp and sushi rice!,” Quoted, CNBC (March 13, 2014)
  • “Revised Article 9: What Lenders Need to Know,” Lorman Education Services (2005)
  • “Revised Article 9 Secured Transactions: What Colorado Lenders and Practitioners Need to Know,” National Business Institute (2005)
  • “Revised Article 9 Filing and Perfection Rules: What the Lender Needs to Know,” National Business Institute (2004)
  • “Structuring the Commercial Loan: What the Lender Needs to Know,” National Business Institute (2003)
  • “Loan Documentation,” Lorman Education Services (2003)
  • “Current Issues in Lender Liability,” Robert Morris Associates (1998)
  • “Dealing Commodities in a Fluctuating Market: Observations from an Ag Lender’s Attorney,” Colorado Feed and Grain Association (1996)
  • “Colorado’s New Central Indexing System: Observations from a Bank Attorney,” Colorado Secretary of State Lenders Training Seminar (1996)
  • “Current Issues in Lender Liability,” Bank Administration Institute (1989)
  • “Manual for the Conduct of Boards of Directors in Inevitable Corporate Takeover Situations” (1988)
  • “Lender Liability Prevention and Cures,” Colorado Bankers Association (1988)
  • “Business Organizations,” Law Seminar, Inc. (1987)
  • “A Bank’s Right to a Security Interest in Deposit Accounts,” 2 Legalities No. 4, Co-Author (1987)
  • “The Sale of Business Doctrine: Landreth Adds New Life to the Anti-Fraud Provisions of the Securities Acts,” Co-Author, Vermont Law Review (1986)

SPEAKING ENGAGEMENTS

  • Numerous bank loan documentation training seminars to mid-level and senior level loan officers
  • “AgriFinance Pitfalls And Traps: What The Lender Wanted to Know Before Closing The Loan,” Speaker, Colorado Bar Association Business Law Institute (September 2016)
  • “Livestock Law: New Regulations, Contracts, Liens, The P&S Act and More,” Speaker, National Business Institute (June 2016)
  • “Ag Lending: Top 10 Lender Mistakes,” Presenter, Colorado Bankers Association (November 2015)
  • “Cattle Law: Drafting and Negotiating Cattle Industry Contracts,” National Business Institute (November 2014)
  • “The Farm Bill’s Effect On The Livestock Industry: What You Need To Know,” National Business Institute (November 2014)
  • “Top 5 Traps–What Ag Lenders Need to Know,” Agri-Access Lenders Conference, Des Moines, Iowa

COMMUNITY INVOLVEMENT

  • National Western Stock Show Association
  • Silver Spur Club
  • Badin Guild

MEMBERSHIPS

  • Thirteenth Judicial Circuit Bar Association
  • Colorado Bar Association Agriculture Section
  • American Bar Association

DISTINCTIONS

  • Top Lawyers in Denver, 5280 Magazine (2016, 2018)
  • People’s Choice Award for Best Agricultural Lawyer in Colorado (2015)
  • Barristers Best Award for Best Agricultural Lawyer in Colorado (voting by Colorado Lawyers and Judges) (2015-2016)
  • Colorado Super Lawyers®, Banking (2014-2017)
  • Outstanding Lawyers in America, Outstanding Lawyers of America Society (2002)

Contact John O’Brien at 303.839.3800 or jobrien@spencerfane.com.