Shay Powell Talbitzer

Associate

Overview

Shay Talbitzer is a litigation attorney in Holland & Knight's Denver office. Ms. Talbitzer focuses her practice primarily on complex business and commercial litigation, commercial and residential real estate litigation, and commercial contract disputes.

Ms. Talbitzer represents developers, builders, contractors, banks, lenders, landlords and landowners in various contractual, condemnation, environmental, real estate and regulatory matters. She also represents companies, corporations, entrepreneurs and sole proprietors regarding management and ownership issues.

In addition, Ms. Talbitzer represents employers regarding employee complaints before the Equal Employment Opportunity Commission (EEOC). She also counsels clients regarding insolvency and receivership matters.

Prior to joining Holland & Knight, Ms. Talbitzer was a litigation attorney for a midsize Dallas-based law firm, where she handled cases before various Texas state and federal courts, as well as the American Arbitration Association (AAA), the Texas Workforce Commission and the Public Utility Commission (PUC) of Texas.

While in law school, Ms. Talbitzer was a judicial intern and extern for the Honorable Martin Hoffman of the 68th Civil District Court in Dallas County, Texas.

Experience

  • Assisted a Dallas-area developer in obtaining a variance necessitated by condemnation proceeding involving the widening of the I-35 corridor, which required a partial demolition of existing structures causing those structures to be nonconforming

  • Represented builders and purchasers in residential construction defect cases arising under Texas' Residential Construction Liability Act (RCLA) and Texas' Deceptive Trade Practices-Consumer Protection Act (DTPA)
  • Represented developers, builders and contractors regarding various issues arising from commercial construction projects
  • Resolved ownership and title issues arising out of various commercial and residential purchase and sale transactions

  • Counseled various contractors regarding placement of construction liens and handled various litigation matters regarding payment and performance

  • Defended a Texas regional bank in a regulatory proceeding before the Public Utility Commission (PUC) of Texas, where a utility provider sought to bisect the bank's real property with a 138-kilovolt (kV) transmission line

  • Obtained summary judgment remedying a large gap in the chain of title allowing a nonprofit corporation to establish clear title and ensure timely completion of a multimillion-dollar community improvement project

  • Represented various minority interest holders in business divorce disputes against majority interest-holders

  • Defended landlords in landlord/tenant disputes and various accessibility complaints filed under the Fair Housing Act (FHA) and Americans with Disabilities Act (ADA)

Credentials

Education
  • Baylor Law School, J.D.
  • University of Nebraska-Lincoln, B.A., Psychology, Minor in Sociology, with high distinction
Bar Admissions/Licenses
  • Colorado
  • Texas
Court Admissions
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Northern District of Texas
  • U.S. Bankruptcy Court for the Northern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. Bankruptcy Court for the Eastern District of Texas
  • U.S. District Court for the Western District of Texas
Memberships
  • State Bar of Texas
  • Dallas Bar Association
  • Dallas Association of Young Lawyers (DAYL), Leadership Class 2015; Co-Chair, Wellness Committee, 2014-2015; Co-Chair, Second Chair Committee, 2017-2018
  • DAYL Foundation Fellow, 2015-Present
  • Texas Young Lawyers Association
  • William "Mac" Taylor American Inn of Court, 2015-2018
  • Baylor Law Review, Associate Editor, 2012-2013; Business Editor, 2013-2014
  • Phi Beta Kappa
Honors & Awards
  • One to Watch, Dallas Association of Young Lawyers, 2015
  • ESPN CoSIDA Academic All-American
  • Order of the Barristers, 2012-2013