Nate Bruggeman

Nate’s practice at Recht Kornfeld primarily focuses on the firm’s political law practice, civil litigation, and representing clients in regulatory matters. He focuses on understanding his client’s objectives, and he brings a wealth of experience across legal, regulatory, and policy disciplines to support his clients in reaching those objectives.

Nate served at the Colorado Department of Law as an Assistant Attorney General, where he represented Colorado’s Marijuana Enforcement Division and Colorado’s Liquor Enforcement Division. Nate represented these agencies in enforcement actions and rule-making proceedings, in addition to providing general counsel advice and representation in litigation.

Nate is no stranger to campaigns and politics. As a freshman in college, he spent many weekends and his winter term campaigning for Al Gore in the New Hampshire primary. He returned to New Hampshire in 2002 to work for Democratic state senate candidates and the coordinated campaign. In 2008, he moved back to Colorado to work for the Obama/Biden campaign, where he served as a deputy voter protection director. Most recently, he took time off in 2020 to volunteer as a Colorado voter protection coordinator for the Biden/Harris campaign. He has also been involved with Recht Kornfeld’s initiative and referendum practice during the 2020 and 2022 election cycles.

Nate’s career has included trial court litigation and appeals at international and local law firms, appointment to join the U.S. Department of Homeland Security with a particular focus on southwest border security and law enforcement intelligence, and service as a non-resident fellow at the Harvard Kennedy School’s Belfer Center for Science and International Affairs.

He is a proud graduate of Middlebury College and the University of Texas School of Law. After law school, Nate clerked for the Hon. Patrick E. Higginbotham of the U.S. Court of Appeals for the Fifth Circuit, who taught him the essence of good lawyering, the importance of trial, and the meaning of decency in the practice of law.

Representative Experience:

Marijuana Regulation

  • Lead counsel in case considering issue of first impression concerning a district court’s authority to appoint receivers over licensed marijuana businesses. Nate led the litigation for the Marijuana Enforcement Division before the district court and for the appellate briefing. The Colorado Court of Appeals ruled unanimously in favor of the agency.

  • Primary drafter of new regulations implementing the State’s research and development licensing scheme.

  • Defended the State in a case concerning confidentiality provision under Colorado’s marijuana code. The plaintiff sought extraordinary and novel relief against the State, without a clear basis for jurisdiction, which required creative responses by the State to protect its regulatory interests.

Colorado Title Board

  • ­Worked on numerous different matters before Colorado’s Title Board. His involvement included developing strategy and legal arguments, as well as briefing before the Title Board and Colorado Supreme Court. Clients Nate supported prevailed in several high-profile matters, either keeping measures off the ballot altogether or forcing the measures proponents to make favorable changes to their measures.

Regulatory Investigations

  • Represented financial services company in a state consumer protection investigation by the Colorado Attorney General’s Office. The Attorney General sought tens of millions of dollars in penalties and fines, and the action could have prevented the company from continuing to operate in Colorado. We achieved a settlement with the State that significantly reduced legal exposure for the company and allowed them to continue to their Colorado business.

  • Worked with investigators from the Marijuana Enforcement Division on numerous compliance investigations of licensed businesses, including issues such as business ownership structures. Nate developed a deep understanding of regulatory investigation processes and how misunderstandings between regulators and industry can hamper efficient resolution of matters.

Appellate Litigation

  • Supported appellate teams in matters before the U.S. Supreme Court. These cases include merits briefing for Schwab v. Reilly (560 U.S. 770) and Northwest Austin Municipal Utility District Number 1 v. Holder (557 U.S. 193).

  • Provided significant briefing in a matter before the Colorado Supreme Court considering the constitutionality of a funding bill that was pending before the Colorado General Assembly. Nate worked with the team representing the Colorado General Assembly, with the Court concluding that the school funding bill was constitutional.

Civil Litigation

  • Represented lawyers in legal malpractice matters. Nate has worked on several complex cases involving allegations of attorney negligence and breach of fiduciary duty, some of which received significant publicity. These cases involved significant discovery and motions practice, and they required a thoughtful and strategic approach to successfully protect the clients’ interests in achieving resolutions.

  • Significant experience representing clients in commercial, personal injury, and business tort cases. Nate has led all aspects of these cases, from developing the factual background to initial pleadings and discovery through dispositive motions and trial preparation and settlement.

Government Experience

  • Law Clerk to the Hon. Patrick E. Higginbotham, U.S. Court of Appeals for the Fifth Circuit

  • Special Assistant, U.S. Department of Homeland Security, Office of International Affairs

  • Counselor to the Commissioner, U.S. Customs and Border Protection

  • Assistant Attorney General, Revenue & Utilities Section, Colorado Department of Law

Education

  • Middlebury College, Bachelor of Arts

  • The University of Texas School of Law

    • Juris Doctor, High Honors, Order of the Coif

    • Texas Law Review, Book Review Editor and Editorial Board