Tom Kelley
Of Counsel
tkelley@killmerlane.com
Defended NBCUniversal, Inc., in an action alleging defamation and unlawful hidden camera recording brought by Brokers’ Choice of America, and prevailed in the District of Colorado and the 10th Circuit Court of Appeals.
Defended Gawker Media, LLC, in a defamation action by former Major League Baseball pitcher Mitch Williams in New Jersey Superior Court and prevailed on a motion for summary judgment on grounds of failure to show actual malice.
Successfully defended The Durango Herald and its former arts and entertainment editor in the District of Arizona and the Ninth Circuit Court of Appeals in a tort action arising from an email the editor sent to the publicist of a religious-oriented musical group.
Successfully defended a filmmaker in the 10th Circuit Court of Appeals after the plaintiff, a drywall contractor, challenged the district court’s award of summary judgment in a libel action arising from a documentary on the employment of migrant laborers. The court held that the film involved a matter of public concern and that the plaintiff had not offered sufficient proof of actual malice as required under Colorado law.
Represented The Denver Post in the trial and appeal of a seminal Colorado court case that established the rule that the actual malice standard applies in libel actions brought by private figures that involve matters of public concern.
Successfully represented Penthouse International, Inc., in an appeal to the 10th Circuit Court of Appeals that reversed a $26.5 million jury verdict and recognized First Amendment protection for satire.
Litigation Counsel of America, Fellow Emeritus
Colorado Bar Association, past Governing Board member
ABA Forum on Communications Law, past Chair; past Governing Board member; past Diversity Chair
Media Law Resource Center, Defense Counsel Section, past President
Colorado Freedom of Information Coalition, past President and Board of Directors member
Sedona Conference Working Group on Protective Orders, Confidentiality and Public Access, 2004-2007
Colorado Supreme Court Committee on Pattern Civil Jury Instructions, 1994-2013
2019 ABA Forum on Communications Law’s Champion of the First Amendment Award
Chambers USA: America’s Leading Lawyers for Business, First Amendment Litigation, Senior Statesperson 2017-2018, Band 1 2008-2016, Band 2 2007
The Best Lawyers in America, 1991-2025; First Amendment Lawyer of the Year, 2011, 2015 and 2024; First Amendment Litigation Lawyer of the Year, 2012
2018 First Amendment Leadership Award, Media Law Resource Center
Colorado Super Lawyers, Civil Rights, 2006-2025
Denver Business Journal’s Best of the Bar in Communications Law, 2006
Law Week Colorado Lawyer of the Year, 2013
Denver Bar Association Liberty Bell Award, 2000
Robert Sturm College of Law, University of Denver (J.D. 1972)
Amherst College (B.A. 1969)
U.S. Supreme Court
U.S. Court of Appeals for the Fourth, Ninth, and 10th Circuits
U.S. District Court for the District of Colorado
Killmer Lane, LLP offers a passionate group of lawyers with many years of experience. All of our attorneys emphasize representing people to ensure that their important legal rights are protected in the courts, the workplace, and in our society.
Raquel was absolutely amazing! When she called me to gather my statement pertaining to an employment discrimination inquiry, she was very attentive to my concerns. As I was explaining my situation, she had many follow-up questions to ensure that she understood my situation which gave me confidence that she was listening to me. She has the patience and attentiveness that I really need during this difficult process. This level of professionalism drew me in to express myself confidently. I didn’t feel rushed while talking to her as i can tell she wanted to be as thorough as possible to get my story.
There are not enough good words to say about Killmer Lane, and more specifically Darold Killmer. Such an unbelievably honest and caring lawyer – I didn’t even know they made them this way. If they accept your case – they will work hard for you, always be there for you, and ensure you succeed – not only in your case, but personally too. Best place in CO for legal support.
You will not find a finer group of attorneys. They are principled, passionate professionals who are dedicated to fighting for the underdog.
Darold Killmer and his team did amazing work on my case resulting in a mediation settlement exceeding my expectations. They never gave up even though it took longer than I expected. They are trustworthy, provide excellent communications and one of the most respected law firms in Colorado.
Thorough, knowledgeable, compassionate, and great people. I really felt like I had a huge team helping me get justice, and my life back. I am forever grateful for their help.
The best of the best.
I had Darold Killmer and Maddie Lips as my attorneys and they were great through the entire process. Articulate, punctual, and thoughtful as well. They really are the best, go with them for employment matters!
This law firm is absolutely awesome. There names are well known nation wide! If any one of them are your attorney you’re in good hands. Sit back and relax they got you.
They stand up for ones rights no matter what.
Prompt, professional, helpful and thorough … I strongly endorse Killmer Lane. Specifically, I worked Michael Fairhurst. Michael responded quickly and took time to thoroughly explain all of my options. He provided sound and pragmatic advice while working under a tight timeline. His professional and honest communication style provided a calm, reliable viewpoint which made navigating a stressful time much easier. Additionally all of the intake staff and associates were wonderful through the process. Great practice and would happily work with them again.
One of the toughest times in my life was when I found myself needing a civil rights attorney. I was lucky enough to meet attorney Michael Fairhurst with Killmer Lane. If you believe you have been wronged and need someone to be your advocate, Michael is the one to contact at the Western Slope Office. He always made me feel very comfortable with his reassuring and confident demeanor. And more importantly, he is extremely knowledgeable and worked very hard to learn every detail pertaining to my situation. He fought hard, and we won! I would highly recommend his services to anyone!
When I contacted Michael, of the firm Killmer Lane, LLP, I was broken. I had been discriminated against, was very ill, and I felt defeated. Michael listened; that was the biggest thing for me. Instantly I felt relief, like someone besides me cared. I received exceptional advice and Michael and my team understood my anger and gently helped me move past that. This firm is extremely knowledgeable on civil rights and all the other areas of law that will support your case … I would recommend Michael Fairhurst, and the rest of the team he works with without any hesitation as attorneys who listen to their clients and follows through to get them the absolute best results.